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<br />ORDINANCE NO. <br /> <br />AN ORDINANCE GRANTING A PERMIT AND CONSENT TO PG&E <br />TEXAS PIPELINE, L.P., ITS SUCCESSORS AND ASSIGNS TO <br />MAINTAIN, USE AND OPERATE CERTAIN NATURAL GAS <br />TRANSMISSION PIPELINES ALONG, ACROSS, AND UNDER <br />PUBLIC PROPERTY AND RIGHTS OF WAY IN THE CITY OF SAN <br />MARCOS, TEXAS <br /> <br />***** <br /> <br />BE IT ORDAINED BY THE COUNCIL MEMBERS OF THE CITY OF SAN <br />MARCOS, TEXAS: <br /> <br />Section 1. Permit and consent granted; consideration. <br /> <br />That the CITY OF SAN MARCOS, Texas ("the City"), for and in <br />consideration of the payment of the Agreed Settlement Sum, which includes <br />a one-time, lump sum payment equal to (a) an annual payment of two <br />thousand dollars ($2,000.00), for each year of the Term hereof, reduced to <br />present value using a 6% per year discount rate, and (b) an annual payment <br />of fifteen cents ($.15) for each linear foot of pipe constituting part of "the <br />PG&E Pipeline System" (as defined herein) that is presently located within <br />City Rights of Way (as defined herein but excluding for purposes of this <br />payment calculation only any in-city portion of the designated state highway <br />system), to be calculated for each year of the Term hereof and reduced to <br />present value using a 6% per year discount rate, and other good and <br />valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, and subject to the terms and conditions of the Full and Final <br />Release and Settlement Agreement executed and approved by the City <br />contemporaneously and the terms, conditions and definitions set forth <br />herein, hereby grants to PG&E Texas Pipeline, L.P., its successors, lessees <br />and assigns ("PG&E" or "Grantee"), a permit and consent for the term <br />hereinafter stated to operate, use and maintain the PG&E Pipeline System <br />and to exercise the rights and privileges granted by this Ordinance. This <br />Ordinance shall not control or otherwise affect any gas franchise ordinance <br />previously or subsequently granted by the City to Southern Union Gas <br />Company, Entex, or any other local gas distribution company. This <br />Ordinance does not address or concern, and shall not be construed to have <br />any application to, any future occurrence involving leakage, rupture, fire or <br />explosion involving any in-City portion of the PG&E Pipeline System which <br /> <br />PAGE 1 of 10 of <br />EXHIBIT A <br />