The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-07-31

On % before Angus. l. 1900 a. far a. the
oema % therefor nay require ne same.
iy-Sx years trom the date Of SIS accept
Ance. as provided in Sec. Z hereof: AZ me
expiration Of which period al righ.s ard
sazu cease ana terminate but at the ex-
piraLon Of eighteen years from the DATE
.. such acceptance there shall be q read
81 he said grantee 10 sais city such Re-
adjustment 70 be made by three arh.trae-
ors, one 20 be appointed by the grantee.
Two 50 selected 70 appoint a ,h.ri. and
such arbstrators. by a majority vote shall
nave faH power 20 increase or decrease
wise regulate or adjust the same as 10
them shah seem jus; and equitable ard
taeir determination shah be final and bind
ing upon both parties: and from the s:nas
OF the fling OF written roper. By them
WITH the e'.y clerk OF said city The per-
csntage pre>criet4 in this section shall for
De deemed amended ard modified in ac-
cordance with their determination
la.s grant shall not be transferable or
council: and sad grantee shall rot consoa-
aate or merge with any company or Ger
poaauoh or enter into any agreement TO
ouctien OF the price OF electricity without
saen consent; but the city Of Seattle hy
a ss s,,y council hereby agrees that /, VIII.
.n s. sppheat.ou OF said grantee TO DE made
within Twelve months after the accent
ahce OF this grant, consen, that this wrsn,
nary oe ass,ehed or suble, once TO d COM
pan! ofsanixed under the laws OF his
state for the purpose OF distributing eisc
lric.tF ana operating under this grasl,. ana
nc. navang any similar grant or any other
assignWent OF similar grant IN said city
provided. however. that such assignmsn;,
shall not take effect until the asslynee
snaii. by z written communication to the
city council. accept the assignment of this
grant and agree 10 be hound BY an OF II.
terms and conditions, and that II Will pay
the same rate of percentage of "a own
gross receipts TO said city and In the same
manner as its assignor said grantee is
hereby obliged TO pay. the intent being
that the percentage. shall be percentage
OF and determined by the receipts Of the
assignee company. instead OF the receipts
OF the said assignor. Such written accept
ance to contain q further condition that
II any other assignment or transfer Of the
grant shall be made without the consent
of the city council. the grant shall there
upon be and become null and void: nor
bond in the form and conditions provided
in Sec s shall have been given by the
assignee and approved as herein provided.
the form and conditions Of the bond to be
signee. provided. however. that said gran
tee or assignee may include this grant in
any mortgages which he or ii may give
Sec. 6. That before any plans or speci-
fications fled with the board OF public
works as herein provided shall be APPROX
ed, said grantee shall .sa iile With The comp
penal sum of si5.ooo. with sufficient sure
ties. TO be approved as provided by the
city charter. conditioned that no excava-
ton or obstruction will unnecessarily be
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 at any time In any
street. avenue. alley or public grounds
shall be properly guarded and the public
shall be suitably protected agains: acct
i
sidewalk. curhs,one, gutter. street. ave-
nue.. alley or public ground torn up or DIS
placed or disturbed by him shall be re-
placed by him 20 its former condition as
far as practicable. with all due diligence.
and that any pavement or sidewalk SO re-
moved and replaced shall be kept in good
thereafter. but he shall not be liable Tor
repairs rendered necessary by the acts OF
third parties; and that he will fully In
demnify and save the city harmless from
and against all claims and actions or suits
at law or IN equity, OF any name or ma
ture. for damages TO persons or properly
resulting from. occas!oned by or growing
out of his omission 10 properly guard any
such excavation or obstruction or speedily
20 remove all dirt. rubbish or other sur
plus material placed or left in any street.
avenue. alley or pCcl,c ground. or proper
ly or speedily 10 restore any street. ave-
nue.. alley or public ground which he shah
disturb or interfere with to as good condi-
ton as the same was before such disturb
ance or interference, or in consequence OK
or growing out Of the making OF this
grant or permitting the transmission OF
such electricity into the city or into the
city in the manner hereln. provided; and
that he 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 transmitted I'M
der this grant, to any water, gas or sewer
any other structure or Improvement that
may lawfully be IN any street, avenue.
alley or public ground: and that he Will.
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 10 do the same as is herein
provided and. generally, that he viii well
and truly keep. observe and comply with
each and every proposition, stipulation
and obligation Of this grant the liability
ing in the office Of the comptroller OF a
certificate from the board Of public works
that the terms thereof have been fully
complied with: and that such bond shall
be renewed by said grantee from time 10
time. as the city council may direct. II
this grant shall be assigned. az authorized
in Sec S. said grautee and his sureties on
the bond given as herein provided, shall
thereby be released from liability thereon,
to the extent that the city shall be pro-
,ecsed in the performance and fulhllment
Of his ooligs tons under this grant by the
bond given by his assignee. provided in
said Sec. 5. and to no other or greater ex-
tent.
Sec T. That IL the said grantee shall!
wlllfuIly violate Or fall to comply with
any provision OF this grant for ninety
days after notice from the board OF public
works or shall wilifully and unreasonabl bly,
neglect or fal 20 comply with any notice
given TO said grantee under the provisions
OF this grant, he shall forfeit al right
hereunder, and this grant may be revoked
and anRuilcd by the city council
And the grant OF the franchise. right and
privilege herein made shall be subject 10
the right of the city cou@cii AZ any time
hereafter to repeal. change or modify said
grant, IL the franchise granted hereby is
not operated N accordance with the pro-
visions hereof or Al all. and this provision
is intended as reservation OF the right
Of the city council 10 so repeal, amend or
modify this ordinance In accordance with
The requirements of the charter OF the city
OF Seattle.
This grant shall not become operative
until said grantee shall have fled with
the city clerk a written acceptance OF all
the terms and conditions thereof. and
shall he void If such acceptance shall not
be fled within one month after the adop-
ton thereof.
Wherever in this ordnance the term
grantee f. used. IL shall be held and I'M
derssood - Stand for and represent VIII
lam r BAKER. said grantee, MS repressn-
~ nj