The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-07-24


% saca acceptance there shau be a read
JuStrseae - The percentages &c ~ paid
q me Sa.& grSn'ee g Said SHY, s.sea re-
adjustment 10 he made BY tAree afo.Jrat-
oTs. enc to be appointed by tAe grantee.
enc by the mayer ~ said city ard The
TWO - selected 20 appoint third. ard
s2cA arastrssors by a majority vote. shall
have fGll power 20 INCREASE Or decrease
the percentage 70 he paid. and - other
wise regulate or adjust the same. as -
tAssn shah seem tust and equitable ard
their determination shall be fjnsi suG hind
iHg upon Doth parties, and from The lime
~ the a-tns OF a written report BY them
cen;aEe prescribed IN this section Ssai for
the remaining eighteen years Of said term
Dc deemed amended ana modified II AZ
cor6aGce with their determination
TAtS grant shah not be transferable or
a,ss-Era bic without the consent of the city
council; and SAD grantee shall not console
poTatlon or enter Ento any greement 10
prevent competition or 10 proven; the re-
duction or tae price " electricity without
SUca consent: but ;he city of Seattle. by
its city council. hereby agrees that il will.
en- application 81 sSad grantee 10 oe made
Within Twelve months after the accept
ance IF tbs grant. consent that Ghis grant
may De assigned or Suolet once % a COM
pany organized under the laws Of his
state for the purpose Of distributing elec-
tf!c.ty and operating under this grant: and
not having any similar grant or any other
ass gnment az 4 similar grant II Sid city.
provided. however, that such assignment
Sii3A fk4s t2kr erect NUtRt tsfS assignee
shall, by a written communication 10 he
cary council. accept The ASS. gnmsnt OF this
grant ans: agree 20 he bound hv all Of It's
terms and conditions. ard that Z WI! pay
the same rate Of percentage Of "a own
gross receipts % said city and in the same
manner a. it, sssigncc. said grantee. is
hereby obliged 20 pay. the intent being
that the psrCeutage shall be q percentage
OF and determined by the receipts Of the
Assignee company, instead ~ the receipts
OF the said assigaor. Such written accept
ance 10 contain a further condition :hat
II any other assignment or transfer 81 the
grant shall he made without the consent
Of the city couacll. the grant shall there
upon De and become null ana void, nor
bond In the form and conditions provided
In sec shall have been given by tho
assignee and approved as herein provided,
the form ana conditions OF taa bond 10 be
suitably modified 10 apply 10 such as
s.gnee, provided however, that said gran
tee or assignee may include this grant in
any mortgages wA.ch ne or it may give
10 secure his or its corporate bonds.
Sec. 6 That before any plans or speci-
fcaiions flied with the board u public
works As herein provided SHAH he approx
ed. said grantee shall file with the comp
troler a bond - the city OF Seattle In me
penal sum of siS,es, with sufficient sure
ties. to De approved as provided by the
city charter. conditioned tina; no excava-
ton or obstruction VIII unnecessarily hs
made. placed or continued by him In any
street, avenue or alley or public ground.
and that all excavations or distractions
made or placed by him n aGy time in any
street, avenue. alley or public grounds
shall Dr. properly guarded and the public
shall be suitably protected against aecI-
dents therefgom. and that any pavement.
sidewalk. curnsione. gutter. street, ave-
nue.. alley public ground torn up or DIS
placed by him to SIS former condition rs
far as practicable. with all due diligence.
and that any pavement or Sidewalk 50 re-
moved tad replaced shall be kept in good
thereafter but he shall not 10 liable for
repairs rendered necessary by the acts of
third parties: ana that he VIII fully IN
demnify and save the city harmless from
and against all claims and actions or suits
a, law or IN equity. of any name or ma
ture. for damages 10 persons or property
resulting from occasioned by or growing
out OF his omission to properly guard any
such excavation or obstruction or speedily
TO remove al Dirt. rubbish or other sur
plus material placed or left IN any street,
avenue. alley or public ground. Or proper
~ or speedily 10 restore any street, ave-
nue., alley ar public ground which he shall
Il sturb or interfere with 10 as good condt-
ton as the same was before such disturb
ance or interference, or IN consequence or
grant or permitting the transmission OF
such electricity into the city or into the
city IN the manner herein provided: ana
that ne Will indemnify and reimburse the
city and all other persons and corpora
tons for any damages or injuries caused
or occas.oned by him. his servants or
agents. or the electricity transm it5ed un-
der this grant. to any water. gas or sewer
pipe or any main or branch thereof. or 20
any other structure or Improvement that
may lawfully he in any street, avenue.
alley or public ground. and that lie VIII.
on demand. pay all expenses OF the city in
inspecting or supervising any work done
under this grant and In dong any work
where said grantee shall fail, omit. neg
lect or refuse Ia 30 the same as Il herein
provided: and. generally. that he VIII well
and truly keep. observe and comply WIN
sna aha eT' q this gran the la55y
under such bond to continue until the nj
ing in the office Of the comptroller OF \
certificate from the board OF public works
that :he terms thereof have been fully
complied with: and that such bond shall
be renewed by said srantee from time 70
time, as the city council may direct. II
this grant shall be assigned. as authorized
in See. s. said grantee and his sureties on
the bond given as herein provided. shan
thereby he released from liability thereon.
tccted in the performance and fnlfllment
~ his obligations under this grant by tho
bond given by his ass guee a. provided in
said Sec. ). and 10 40 other or greater ex-
tent.
Sec = That II the said grantee shall
w.llful.y violate or fag TO comply with
days after notice from the board Of public
works. or shan willfully and unreasonahly
given 10 sal grantee under the provisions
CT this grant. he shall forfeit AL right
hereunder and this grant may be revoked
and annuiled by the city council.
And the grant Of She franchise right aa1
privilege herein made shall be subject 20
the right ~ the clty cogncil az any Tine
hereafter 70 repeal. change or modify said
grant. Il the franchise granted hereby IL
not operated N accordance with the pro-
Visions hereof or al all. and this provision
Is intended as reservation or the right
or the city council 20 so repeal, amend or
mod " fh.y ordinance tn accordance with
The requirements Of the charter Of thu city
Of Seattle
This grant shall not become operative
uulI gaiJ grantee shall have filed With
The city clerk written acceptance OF all
the terms ana conditions thereof, and
shall be void II such acceptance shall not
Do filed within one month after the ATOP
ton thereof.
Wnereyer in this ordinance the term
''-.+r-s~s'' il used. u stall be held and M
ders,ood - stand FOR and represent Will
lam +. Baker. said grantee. his represent
5atiSes. hers and aSslGUs.
Sec 8 Taat this ordinance shall lake
effec. and be In force from and after sts
passage ard approval. Il approve4 by me
ma YER otherwise it s..aIl take n ~ at
the time when tt shall become d law. ao-