|
<br />(c) In this Ordinance,"Grantee" shall mean and shall be understood to be
<br />PG&E Texas Pipeline, L.P., its general partner(s), limited partner(s),
<br />parent, subsidiary and other affiliated entities, successor(s), lessees
<br />or assigns, and any individual, corporations or corporation, receiver,
<br />or other person or authority owning or operating the PG&E Pipeline
<br />System at anytime during the Term hereof.
<br />
<br />(d) In this Ordinance,"Agreed Settlement Sum" shall mean and be
<br />understood to be Grantee's one time, lump sum payment of money
<br />and all other things of value given to and accepted by the City as
<br />consideration for the Full and Final Release and Settlement
<br />Agreement executed and approved by the City contemporaneously
<br />herewith and the rights, permit, and consent granted by this
<br />Ordinance for the Term hereof.
<br />
<br />Section 3. Maintenance, Operation, Repair, Relocation, Expansion or
<br />Removal of PG&E Pipeline System.
<br />
<br />The consent and permit granted herein includes all rights and
<br />privileges to maintain, operate, improve, enlarge, extend, repair, remove, and
<br />relocate any part of the PG&E Pipeline System as may be deemed
<br />necessary by Grantee. In the event that Grantee finds it necessary to
<br />excavate in any City Rights of Way, Grantee shaH notify the City and shall
<br />comply with all then existing City requirements, if any, concerning such
<br />excavation and work performed subject to the provisions of Sections 7 and
<br />10, and to the extent that such requirements are applicable to other pipelines
<br />and facilities similarly situated. Grantee shaH do no permanent injury to any
<br />City Rights .of Way nor in any manner unnecessarily disturb or interfere with
<br />utility and sewer pipes, lines, conduits, cables, or facilities installed or
<br />constructed by the City or by any authorized person or corporation, but no
<br />utility and sewer pipes, lines, conduits, cables or facilities shall be so
<br />installed as to unnecessarily disturb or interfere with the PG&E Pipeline
<br />System. See attached Addendum to Section 3.
<br />
<br />Section 4. New Construction.
<br />
<br />and Section 3
<br />Subject to the provisions of Section 2(a~bove, should PG&E, during
<br />the term of this Ordinance, need to construct or install new pipelines or add
<br />new facilities in City Rights Of Way, PG&E shall notify the City and comply
<br />with existing City requirements, if any, concerning such construction to the
<br />extent applicable to other pipelines and facilities similarly situated, except
<br />that no additional payment, other than what as expressly set forth herein,
<br />
<br />Consent/Permit Ordinance for San Benito Class Cities
<br />Page 3 - VerS.11
<br />October 18,1999 (12:10PM)
<br />
<br />PAGE 3 of 10 of
<br />EXHIBIT A
<br />
|