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<br />161 <br /> <br />RESOLUTION 1999--2..2SR <br /> <br />A RESOLUTION APPROVING A SETTLEMENT AGREEMENT IN <br />THE CITY OF SAN BENITO v. PG&E GAS TRANSMISSION <br />LAWSUIT; AUTHORIZING THE EXECUTION OF THE <br />AGREEMENT BY THE COUNSEL REPRESENTING THE CLASS <br />OF PLAINTIFF CITIES; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City of San Marcos is a plaintiff in a pending class action lawsuit styled City of San <br />Benito, et aI., vs. PG&E Gas Transmission, Texas Corporation, et al. (the "Lawsuit"), filed in the <br />107th Judicial District Court of Cameron County, Texas. <br /> <br />2. The class counsel for the plaintiffs in the Lawsuit have negotiated a settlement of the <br />Lawsuit that provides for the defendants to pay the City of San Marcos for damages for the past <br />trespass of a segment of the defendants' pipelines in the City's right-of-way, and an advance <br />payment for the City's consent to continued maintenance and operation of the defendants' existing <br />pipelines in the City's right-of-way, to be documented by a separate ordinance adopted by the City <br />Council. <br /> <br />3. The City Council wishes to approve settlement agreement regarding the Lawsuit. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The City Council approves the settlement agreement and release attached to this <br />resolution regarding the Lawsuit. <br /> <br />PART 2. This resolution will take effect iII1II'1ediately upon its adoption. <br /> <br />Adopted on this the 8th day of November, 1999. <br /> <br />Bi~~~'~ <br /> <br />AIMST: l ) <br />rJl1M .~. <br /> <br />Ja IS K. Womacl{, City Secretary <br />