<br />Section 2. Definitions. In this ordinance:
<br />
<br />(a) Pipeline System means the intrastate, interurban natural gas and natural gas liquids
<br />transmission pipelines and all their appurtenant facilities, including, but not limited to,
<br />mains, spurs, laterals, meters, valves, corrosion protection systems, city gates, and all
<br />other similar facilities of Grantee, that are presently located in, under or along City Rights-
<br />of-Way as of the effective date of this ordinance. The Pipeline System includes all
<br />pipelines and facilities owned, leased, operated and/or controlled, in whole or in part (such
<br />as through a joint venture or partnership, for example) by Grantee. The existing Pipeline
<br />System has been disclosed to the City by maps, written descriptions or by other
<br />identification. The Pipeline System is not a local gas distribution system or LDC as
<br />defined herein. The consent, permit, rights and privileges granted by this Ordinance
<br />encompass the Pipeline System and the operations, lines of business, and business
<br />activities of Grantee in the City; such grants however do not allow the Pipeline System or
<br />any portion thereof hereafter to be operated, used or maintained as an LDC.
<br />
<br />(b) City Rights-of-Way means any public easement, street, road, avenue, esplanade,
<br />highway, freeway, toll road, bridge, alley, boulevard, sidewalk, lane, drive, circle, canal,
<br />drainage ditch, or other similar public property or right-of-way, including all in-City portions
<br />of the Texas State Highway System currently owned or controlled by, and located within
<br />or which may in the future be constructed within or annexed into the corporate limits of, the
<br />City.
<br />
<br />(c) Grantee means EI Paso Gas Transmission Company flk/a PG&E Gas Transmission,
<br />Texas Corporation, its wholly owned subsidiary corporations and wholly owned subsidiary
<br />general and limited partnerships, and their successors, lessees or assigns.
<br />
<br />(d) Local Distribution Company or LDC means a person, corporation, general or limited
<br />partnership, or other entity that owns one or more lines of pipe within a city service area
<br />and holds itself out to both residential and commercial customers generally within such city
<br />service area to provide public utility service through such line or lines of pipe for a fee.
<br />
<br />Section 3. Maintenance, Operation, Repair, Relocation, Expansion or Removal of
<br />Pipeline System.
<br />
<br />Subject to the provisions set forth in this section and in section 4 below, the consent and
<br />permit granted herein includes, without limitation, all rights and privileges to own, maintain,
<br />operate, improve, repair, enlarge, relocate and remove any part of the Pipeline System as
<br />may be deemed necessary by Grantee. In the event that Grantee finds it necessary to
<br />excavate in any City Rights-of-Way, Grantee shall notify the City and shall comply with all
<br />then-existing laws and regulations of the City, the Texas Department of Transportation
<br />and, as applicable, other governmental entities, concerning such excavation and work
<br />performed, subject to the provisions of this Ordinance and to the extent that such
<br />
<br />-2-
<br />
|