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Ord 2007-039
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Ord 2007-039
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Last modified
11/15/2007 4:13:31 PM
Creation date
7/18/2007 2:09:14 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Franchise
Number
2007-39
Date
7/17/2007
Volume Book
172
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<br />I <br /> <br />related to providing services under this franchise. The City may require the keeping of additional <br />records or accounts reasonably necessary for administration of this franchise. <br /> <br />7.3. The Grantee shall keep and maintain within the City limits of San Marcos complete <br />books, records, accounts, documents, maps, plats and papers pertaining to its franchise operation <br />and showing all existing and proposed installations. Historical financial records which are kept at <br />Grantee's corporate office shall be made available as provided above. Maps, plats, records, <br />inventories, and books of the existing property shall be preserved for use, if necessary in <br />connection with future valuation of the property of Grantee and for such other purposes as <br />necessary. <br /> <br />7.4. The City shall have the right at reasonable times to inspect the plant, equipment, and <br />other property of Grantee and its affiliates and to examine, audit, and obtain copies of the papers, <br />books, accounts, documents, contracts and other business records of Grantee and its affiliates as <br />necessary to determine compliance with the franchise. <br /> <br />7.5. The City may perform any inspection or tests deemed necessary for the safe and <br />consistent conduct of the business of Grantee. <br /> <br />7.6. The City retains all of the investigative powers and/other rights provided to the <br />City by the City Charter and state law. <br /> <br />I <br /> <br />SECTION 8. HOLD HARMLESS AND INDEMNIFICATION. <br /> <br />8.1. The Grantee shall indemnify, defend and hold the City harmless against all claims for <br />damages to any person or property by reason of the construction, maintenance and operation of <br />its gas distribution system, or in any manner arising out of the granting of this franchise, or by <br />reason of any act or omission of the Grantee or the contractors, agents or employees of Grantee, <br />and Grantee shall pay to the City all sums which the City shall be adjudged by any court to pay <br />on any such claim, or which may arise out of the exercise of the rights and privileges hereby <br />granted. <br /> <br />8.2. Upon the commencement of any suit or proceeding at law against the City relating to <br />any matter wherein Grantee has agreed to indemnify and hold harmless the City, the City shall <br />tender the defense of said suit or proceeding at law to the Grantee, and the Grantee shall <br />thereupon at its own cost and expense defend, compromise, or settle the same, as it may elect. <br /> <br />SECTION 9. GAS QUALITY. <br /> <br />9. I . The provisions of this Section shall not apply so long as gas quality regulations are <br />enforced on a state-wide basis by the Railroad Commission of Texas or a similar regulatory <br />authority. <br /> <br />I <br /> <br />9.2. Grantee shall at all times furnish a merchantable natural gas commercially free of dust, <br />gums, gum-forming constituents, gasoline, water, other liquid or solid matter, containing, before <br />odorization, not more than two (2) grains of hydrogen sulfide per one hundred (100) cubic feet of <br />
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