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<br /> <br />~ <br /> <br />>8 <br />o:::e <br />;=:<0 <br />w:E <br />O:::c:: <br />Uro <br />1.,t,J en <br />U)~ <br />(;J <br /> <br />111. <br /> <br />ORDINANCE 2000~ 8 R <br /> <br />AN ORDINANCE REJECTING A SETTLEMENT AGREEMENT IN <br />THE CITY OF SAN BENITO v. PG&E GAS TRANSMISSION <br />LAWSUIT; REPEALING ORDINANCE 1999-97 AND RESOLUTION <br />1999-228R RELATED TO SETTLEMENT OF THIS SUIT; <br />AUTHORIZING THE CITY ATTORNEY TO DELIVER NOTICE OF <br />THE CITY'S INTENT TO OPT OUT OF THE LAWSUIT; AND <br />DECLARING AN EMERGENCY. <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 at., vs. PG&E Gas Transmission, Texas Corporation, et at. (the "Lawsuit"), filed in the <br />107th Judicial District Court of Cameron County, Texas. <br /> <br />2. The City Council, in Resolution 1999-228R, approved a settlement agreement regarding <br />the Lawsuit, and in Ordinance 1999-97, granted consent to the defendants to maintain existing lines <br />in City property, but did not grant consent to the defendants to expand their gas transmission <br />pipelines in City property. <br /> <br />3. The class counsel for the plaintiffs in the Lawsuit have negotiated a revised settlement of <br />the Lawsuit that includes, among other things, a requirement for the City to adopt the ordinance <br />attached as Exhibit A, which would grant the City's consent to expansions of the defendants' gas <br />transmission pipelines in City property for a period of 25 years. <br /> <br />4. The City Attorney has recommended that the City Council reject the proposed settlement <br />on the basis that the City does not wish to grant its consent to expansions of the defendants' gas <br />transmission pipelines in City property for a period of 25 years in order to resolve the Lawsuit. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. The City Council rejects the proposed settlement regarding the Lawsuit, and <br />Ordinance 1999-97 and Resolution 1999-228R are repealed. <br /> <br />SECTION 2. The City Attorney, Mark B. Taylor, is authorized and directed to deliver to <br />the District Court in which the Lawsuit is pending a notice that the City intends to opt out of the <br />Lawsuit. <br /> <br />SECTION 3. The importance of this Ordinance creates an emergency and an imperative <br />public necessity, and the provisions of the Charter requiring that ordinances be presented at three <br />separate meetings, and that ordinances do not take effect until ten days after the date of their final <br />passage are suspended, and this Ordinance will take effect upon publication of notice of its adoption <br />in a newspaper of general circulation within the City. <br /> <br />PASSED, APPROVED AND ADOPTED on February 7, 2000 <br /> <br />b~~ <br /> <br />Billy G. oore, Mayor <br /> <br />AT~EST: .~ -Ll/ (', r <br />cfJj~fI)- ;)VOW.A/V <br />Jani "K:Wornack, City Secretary <br /> <br />APPROVED: <br /> <br /> <br />~~, <br /> <br />Mark B. Taylor, C' <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD, FRIDAY, FEBRUARY 11, 2000. <br />