Ord 1999-097 - Laserfiche WebLink

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shall be made during the term hereof and thereafter such new pipelines or facilities shall be made subject to the provisions of Sections 6 and 9. In the event any new pipeline construction or expansion of an existing pipeline causes an increase of more than 300' along or under City Rights of Way, then in such event Grantee shall make an additional lump sum paym~mt to the City equal to 15 cents per linear foot of such new pipeline within City Right of Way, multiplied by the number of years remaining on the Term hereof, reduced to present value using a 6% discount rate. After completion of construction and compliance with any other City requirements, the new pipeline and/or new facilities shall become a part of the PG&E Pipeline System as defined herein and made subject of this ordinance. The terms "new pipeline" and "new facilities" do not include upgrades, replacements, changes in diameter, size or configuration, of any part of the existinq PG&E Pipeline System, or any relocation thereof due to any change in location, expansion or widening of the paved road surface. Section 5. Substances. The following substances may be transported and delivered for purposes of sale, sale for resale, transportation or purchase in any part of the PG&E Pipeline System: natural gas or natural gas liquids, in gaseous or liquid state or the equivalent thereof, whether natural or synthetic. Grantee may transport and deliver its own substances, and transport and deliver for hire substances owned by affiliates, governmental entities and third parties. Section 6. Nature And Sufficiency of Consideration. (a) Findings. The consideration paid to the City is consistent with and sufficient to provide for the City's reasonable recovery of CO$ts associated with the exercise of the City's authority and police powers as may be necessary for the public health, safety and welfare with regard to the construction, operation and maintenance of the PG&E Pipeline System within affected City Rights of Way and all reasonable costs of administration of the co'nsent and permit granted by this Ordinance for the Term hereof. (b) Exclusive Charge. The consideration described in Section 1 shall be the exclusive compensation, tax (other than ad valorem taxes, if any, assessed by the City), fee, rental, assessment or other charge, however characterized, payable or due to the City by PG&E pertaining to the presence, use, operation of the PG&E Pipeline System, and the natural gas or natural gas liquid sales, purchases, transportation and Consent/Permit Ordinance for San Benito Class Cities Page 4 - Vers.11 October 18,1999 (12:10PM)