Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1913-03-14
City Ordinance
OEBI\t \tE NO. I.....


Au ordinance granting to wilbur Z.
io>haY. his heirs and assigns, the
r4-I'. priv il"Ee and franchise to sup
Washington, and its inhabitants and
others therein. and permission to lay.
md!ntain and use water mains. pipes
and appurtenant fixtures in. under
through, across and along the public
streets and ways of said city; fixing
restrictions thereon; prescribing the
duties and powers of the grantee:
fixing the term. and the terms and
coalitions. of the grant. providing
for forte iture, and prescribing the
method of declaring and exercising
the same
The city Council of the City If Olympia
do ordain a. follows:
section l. There is hereby granted
to wilbur Il; Foshay. hereinafter some
times called the grantee his heirs
ANA assigns. the right, privilege and
franchise to supply with water for do
nestle and household purposes and
such other purposes as the grantee may
from time to time find proper, as
public service, the city of olympia
Hereinafter sometimes referred to as
the ''citY'D and it's inhabitants, and per
sons and corporations owning property
or doing business therein; and to that
end to lay. construct, maintain, relay,
replace and repair water mains, pipes
and appurtcnant fixtures in, under.
through, along and across all the pub
lie streets and ways as the same are
now established and laid out, within
the present and future boundaries of
the City of Olympia; but the rights,
privileges and franchises hereby grant
ed shall not be deemed to be exclusive.
Sec ,. The rights. privileges and
franchises hereby, gta4tsfd shall EoI con.
from the date of the acceptance hereof.
Sec. 8. This grant is made subject to
the restrictions and with the powers set
forth in section to hereof inclusive,
f.r hp 20 a
posed and granted. and the grantee
shall have the powers perform the du-
ties, and discharge the obligations
therein set forth
Sec. 4. On streets having a grade
duly established according to law all
mains and other pipes hereafter laid
under this grant shall be laid with ref
erence to the grade so established.
Whenever the grantee shall purpose to
lay or relay mains or other pipes on
any street or streets not at the time
having grade duly established accord
ing to law, he. shall, at least forty five
days before commencing excavation
therefor, give written notice to the city
Clerk, or to the City Council. of his pur-
pose, in which notice he shall specify
the street streets and portions of
streets upon which he intends to lay
mains or other pipes. If 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 according to law, then the
grantee shall lay his pipes. and other
mains on such street or streets or por-
tons of streets with reference to the
grade so established; if however, with
in such time. as to such street or
streets, or some portion thereof. no
grade shall have been SO established,
then on the portion thereof wherein no
grade has been established the grantee
shall lay his mains and other pipes
with reference to the actual physical
grade of the surface Of the street as it
then exists. All mains and other pipes
shall be laid at least one foot below
the surface grade of the street as such
grade shall have been established or
shall be so laid as to interfere as little
as may be with existing sewers and
drains laid by the city; their location
be approved either by the City Council
or by the Public Service Commission of
the State Of washington. or such
ington as at the time may have power
to control the grantee in the manner of
repairs. In every case the grantee
shall. after laying mains ana other
to as good condition as 1t was before he
commenced excavation. and shall either
water-settle or lamp the fill.
| In every case wherein the mains or
other pipes of the grantee shall have
been laid as hereinbefore in this sec
ton provided, and within two years
thereafter the established or existing
grade Of the street shall have been
lowered to an extent which shall re-
quire the lowering OF the mains or 9TH
er pipes belonging to the grantee, the
City shall reimburse the grantee for
one-half the cost Of such lowering.
| Sec. 5. Wherever hereafter by due
proceedings complete provision shall
have been made for the laying Of per-
manent pavement on any portion of
any street, and before such pavement is
| laid, the grantee, unless already his
| mains on such portion of such street
are of cast-irOn or other material hav-
ing eO,iiyalent durahi shall recon-
struct his mains thereon so that the
same shall be of cast-iron or other ma
terial having equivalent durability. The
cation in the street shall be such as
shall be approved either by the City
Council or by the Public Service Com