Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1913-05-02
City Notices
ORDNANCE NUMBER f.Lt,

ORDINANCE NUMBER 1874.
AN oRpIINANCE granting to MI1LARD
their heirs aud assigns. the right.
privilege and franchise to supply
with steam heat the City of Olympia,
Washington, and its inhabitants and
others therein, and permission to lay.
maintain and use steam MAINS pines.
expansion joints, nanholes and ap-
purtenant fixtures in, under, through,
across and along the public streetS
and ways of said City; fixing restric-
tons thereon; prescribing the duties
and powers of the grantees; f&ing
the term, and the terms and condi-
tons of the grant; providing for for
feiture and prescribing the method
of declaring and exercising the same
THE CITY COUNCIL OF THE CITY OF
OLYMPIA DO ORDAIN AS FOL-
LOWS:
Section l.. There is hereby granted
to Willard Lemon and Wilbur b. Fo-
shay. hereinafter sometimes called the
"Grantees.' their heirs. and assigns
the right, privilege and franchise to
supply with steam heat for commercial
domestic and household purposes and
such other purposes as the Grantees
may from time to time find proper, the
City of Olympia hereinafter some
times referred to as the "City'D and its
inhabitants, and persons and corpora
tons owning property or doing bust
ness therein; and to that end to lay,
construct, maintain. relay, replace and
Ierair steam mains, pipes, traps, ex,
appurtenant fixtures in. under, through
along and across all the public streets
and ways. as the same are, now estab
IShed and laid out, or may hereafter be
established and laid out, within the
present and future boundaries of the
City vt olYmpia; but the rights, privi-
leges and franchises hereby granted
shall not be deemed to be exclusive.
Section O. The rights, privileges and
franchises hereby granted shall con-
t,nue for n period of fifty years from
the date of the acceptance hereof
Section 3. This grant is made sub
jcct to the restrictions and with the
powers set forth in Sections to 9
hereof, inclusive, so far as the same
may be lawfully imposed and granted,
and the Grantees shall have the pow
ers. perform the duties and discharge
the obligations herein set forth; and as
consideration for the. grant hereby
made the Grantees shall. in the manner
hereinafter in Section 10 provided I'M
dertalie to perform said duties and dis
charge said obligations.
Section 4. on streets having grade
duly established according to law all
mains and other pipes hereafter laid
erencc to the grade so established.
Whenever the Grantees shall purpose
to lay or relay mains or other pipes on
any street or streets not at the time
having a grade duly established ac-
cn~ding to law, they shall at least for
~. five DAYS be fore commencing eNca-
walton III 'rofor, give written notice to
the city Clerk. or to the CITY COUNCIL,
of their purpose. in which notice they
shall specify the street or streets ana
portions of streets upon which they IN.
tend to lay mains or other pipes. II
within thirty days from the receipt of
such notice the grade of such street or
streets, or any portion thereof, shall
have become duly established accord
ing to law. then the Grantees shall lay
their pipes and other mains on such
80
with reference to the grade so eStab-
lished; If, however. within such time as
lion thereof. no grade shall have been
so established. then on the portion
thereof whereon no grade has been eS-
tablishcd the Grantees shall lay their
mains and other pipes with reference
to the actual physical grade OF the sur,
face of the streets as 1t then exists. All
streets and on all other streets at least
one foot below the surface grade or
the streets as such grade shall have
been established or shall exist, as the
case may be; and shall be so laid as to
interfere as little as may be with eN-
City; their location in the street shall
be such as shall be approved either by
the City Council or by such publlc pouy
of the state of Washington as at the
time may have power to control the
Grantees in the manner of repairs In
every case the Grantees shall. AFTER iay-
surface of the street to as good perma-
nent condition as 1t was IN before tney
commenced excavation, ana snail lamp
the FILL
any mains or other. pipes OF the Gran
tees, any water or gas pipes. or any
sewers, are moved or ctnerWise ois
turbed, the Grantees shall bear, anu DE
responsible for, all expense and cost
connected herewith.
In every case in which the mains or
other pipes of the Grantees shaii De
with permanent pavement, the Grantees
give to the City a bond running to the
CITY Engineer in which either the
Grantees or some paving contractor or
other contractor shall be named as
principal, with some responsible surety
Company as surety. conditioned prop
erly to restore the cut portions or sucn
pavement. and. in every such case
contractors bond for. the future main,
tenance Of such pavement, conditioned
further to maintain the cut portion
covered by the original paving con-
tractors bond, and for that period to
indemnify the City against any loss or
expense resulting from satn cu or rom
any other thing done by or on penail
of the Grantees in connection there-
with.
Section s. Wherever pipes shall De
laid hereunder on streets wherein az
the time permanent pavements EXIST
such pipes so laid shall be OF wrought
iron or other material having equiva-
lent durability. 100000
Wherever hereafter by due proceed
ings complete provision shall have peen
made for the laying OF permanentt
wherein the pipes of the Grantees shall
have heretofore been laid. before sucn
pavement is laid the Grantees, unless
already their mains on such pore ron OF OF
such street are of wrought iron or
other material having equivalent dura-
bility. shall reconstruct their mains
thereon so that the same snail De or
wrought iron or other material navlhS
equivalent durability. The size OF s9 tSa
street shall be such as shall pc a p,
proved either by the City Councii or py
such public body of the State OF WASH
ington as at the time may have power
to control the Grantees in the manner
OF repairs.
Section 6. The Grantees shall from
time to time make such extensions OF
their mains beyond the limits or thelr
original distributing system, ana WIFI WIN,