1975-11-17 Regular Meeting - Laserfiche WebLink

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RAKER & ©OTTS • Honorable Jonathan S. Day 2 October 22, 1975 The Company and also the public will be subject to both actual and potential losses of great magnitude if the construction is delayed. In view of the foregoing, it is our proposal that, without.the waiver of rights by either party, the T�i :;_sting Company will let the contract and proceed -,,tith the construeion of its pipeline through the City of Houston. If, after we have an opportunity to focus on the question, we are not able to reach an agreement as to the existing rights of the Company in this matter, the Company will when -.requested seek a declaratory Judgment on the question of whether or not.it is re- quired to obtain a franchise from the City for the pipe- line crossings within the City. As we indicated in our May 21 letter, Section 4 of the franchise assures that any "public place dis- turbed by Company in erecting . . . its electrical lighting and power system -shall be restored immediately after the completion of the work to as good a condition as before the commencement of the work and maintained • to the satisfaction of the City for one year from the date the surface . . . is broken for such construction " Also Section 14 of the franchise commits the Company to "protect and hold City harmless against all claims for damages or demands for damages to any person .or property by reason of the construction and maintenance of its electrical lighting and power system . ." It will be understood the construction will be subject to these commitments by the Company, along with the Company's other commitments in the franchise_ It will also be understood that if the Company proceeds, subject to the commitment herein made, you will not seek to enjoin or otherwise stop the construction of the pipeline unless the construction either varies from the approved plans and specifications, or in some manner creates a public hazard, and the Company after. notice fails to start forthwith and diligently pursue to completion necessary corrective action. If the foregoing correctly sets forth our under- standing, I shall appreciate it if you will so signify at 0