Ord 1990-084 - Laserfiche WebLink

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-4- 7.3. The Grantee shall keep and maintain within the City limits of San Marcos complete books, records, accounts, documents, maps, plats and papers pertaining to its franchise operation and showing all existing and proposed installations. Historical financial records which are kept at Grantee's corporate office shall be made available as provided above. Maps, plats, records, inventories, and books of the existing property shall be preserved for use, if necessary, in connection with future valuation of the property of Grantee and for such other purposes as necessary. 7.4. The City shall have the right at reasonable times to inspect the plant, equipment, and other property of Grantee and its affiliates and to examine, audit, and obtain copies of the papers, books, accounts, documents, contracts and other bus ines s records of Grantee and its affiliates as necessary to determine compliance with this franchise. 7.5. The City may perform any inpsections or tests deemed necessary for the safe and consistent conduct of the business of Grantee. 7.6. The City retains all of the investigative powers and/other rights provided to the City by the City Charter and state law. SECTION 8. HOLD HARMLESS AND INDEMNIFICATION. 8.1. The Grantee shall indemnify, defend and hold the City harmless against all claims for damages to any person or property by reason of the construction, maintenance and operation of its gas distribution system, or in any manner arising out of the granting of this franchise, or by reason of any act or omission of the Grantee or the contractors, agents or employees of Grantee, and Grantee shall pay to the City all sums which the City shall be adjudged by any court to pay on any such claim, or which may arise out of the exercise of the rights 'and privileges hereby granted. 8.2. Upon the commencement of any suit or proceeding at law against the City relating to any matter wherein Grantee has agreed to indemnify and hold harmless the City, the City shall tender the defense of said suit or proceeding at law to the Grantee, and the Grantee shall thereupon at its own cost and expense defend, compromise, or settle the same, as it may elect. SECTION 9. GAS OUALITY. 9.1. The provisions of this Section shall not apply so long as gas quality regulations are enforced on a state-wide basis by the Railroad Commission of Texas or a similar regulatory authority. 9.2. Grantee shall at all times furnish a merchantable natural gas commercially free of dust, gums, gum-forming constitutents, gasoline, water, other liquid or solid matter, containing, before odorization, not more than two (2) grains of hydrogen sulfide per one hundred (100) cubic. feet of gas, and said gas shall have a gross heating value of not less than one thousand (lOOO) British thermal units per cubic foot. 9.3. A cubic foot of gas shall be taken to be the amount of gas which occupies a volume of one cubic foot at a temperature of sixty (60) degrees Fahrenheit and under an absolute pressure of fourteen and sixty-five hundredths (14.65) pounds per square inch. For all purposes of gas measurement it shall be assumed that the atmospheric pressure in the City is at all times fourteen and forty hundredths (l4.40) pounds per square inch even though it is known that such pressure does vary. Furthermore, it shall be assumed that the conditions prevailing in the customer's gas meter shall be considered to be the equivalent of conditions defining a cubic foot of gas (sixty [60] degrees Fahrenheit and fourteen and sixty-five hundredths [14.65] pounds absolute pressure) even though it is known that the average temperature may exceed sixty (60) degrees Fahrenheit and the average pressure exceed fourteen and sixty-five hundredths (14.65) pounds absolute.