Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1913-05-23

| qEent. Il bre9ch Of any one of which
shall be ground for forfeiture, but no
/ forfeiture shall be effective unless and
| until specifically declared in an effec-
! tive and duly recorded ordinance of the
! city. ana no breach of any such condi-
| tion shall he ground for such forfeiture
| or for AN" declaration thereof unless
and until it shall be continued for
| period of thirty days after receipt by
the Grantees of written notice thereof,
| specifying the breach. given under au-
| thoritY of an effective and duly re-
corded resolution of the City;
| (a) Within forty eight hours after
| this ordinance becomes effective the
Grantees shall file in the office OF the
| city Clerk their REIMBURSEMENT of all
the rights, privileges and franchises
granted to them by ordinance Number
1874.
(b) Within sixty days after this or
dinance becomes effective the Grantees
shall file in the office of the City Clerk
| in writing their acceptance of this or
dinance and of the grant hereby made,
and their undertakings. on behalf of
themselves and their heirs and assigns,
to perform the duties and discharge the
obligations imposed by this ordinance;
(c) The Grantees shall at all times
during the term hereof indemnify and
hold harmless the City from all claims
and demands against it established by
the final judgment of a court of compe-
tent jurisdiction and arising out of the
adoption of this ordinance or of any
thing done by virtue thereof;
(d) on the fifteenth day of each
month during the life of this grant--so
long as no competition in the public
City of olympia and so long as no
franchise adapted to use in competition
with the business conducted under this
present grant shall have been granted,
but no longer-the Grantees shall pay
to the City Treasurer of the City for
the use of the City one per cent of all
moneys collected by them during the
noIn 70
steam heating service furnished by
them under and by virtue of the grant
hereby made;
(e) Within eighteen months from
in subdivision CD of this section the
Grantees shall have installed, and shall
be ready to furnish steam to consumers
through mains on the following alleys
and streets:
1. Beginning at the Center of Block
33 and running thence west through
the alley which lies between Third and
Fourth Streets to the center of Block
49,.
2. Beginning at the center of Block
"a and running thence west through
the alley which lies between Fourth
and Fifth Streets to the center of
Block IA.
3. Beginning at the center of Block
5 and running thence west through the
alley which lies between Fourth and
Fifth Streets to it's intersection with
Columbia street.
4. Beginning at the center of Block
ID and running thence west through
the alley which lies between Sixth and
Seventh Streets to it's intersection with
Columbia Street.
5. Beginning at the center of Block
and running thence west through the
alley which lies between Fifth and
Sixth Streets to it's intersection with
Columbia Street.
6. Beginning at the center OF Block
33 and running thence south through
the alley which lies between Franklin
and Adams Streets to the center of
Block "a.
Z. Beginning at the center of Block
% and running thence south through
ton and Franklin Streets to the center
of Block 25.
8. Beginning at the center of Block
IA and running thence south through
the the al alley WHICH tr lies between Main and
Block Is.
9. Beginning at the intersection of
Columbia Street with the alley which
lies between Third and Fourth Streets,
Street to it's intersection with the alley
which lies between Sixth and Seventh
streets.
10. A connection of some part of the
foregoing described system with the
Grantees steam producing plant.
The references to Blocks are to
Blocks In Sylvester's Plat of Olympia.
D Within seven months after the
ming OF said acceptance the Grantees
shall have expended not less than TWEEN
ty-five thousand dollars in the con-
struction and installation of some part
OF the system OF steam mains described
in paragraphs 1 to 10 inclusive. of (e)
of this section. and in laterals and SER
vices connected. Herewith.
(g) The Grantees shall suffer no
franchise which they may own to use
the streets for electric lines to become
forfeited for breach of any Of the con-
ditiops thereof.
CHI In case Of any assignment of
this. grant: the Grantees shall. within
10 days after such assignment, file in
the Office of the City Clerk notifica-
signment, and the name Of the assignee.
Failure to accept and failure to carry !
out every provision contained in that
certain power franchise passed by the
City Council May Z, 1918, and failure to
accept and failure to carry out all and
every provision of this ordinance which
No. 1914 passed April 16, 1918, the orig
fnal ordinance No. 1244 is to be return
ed and cancelled as per agreement dat
ed April 49, 1913 upon the passage of
this ordinance. all Of which ordinances
and agreements are made part of this
ordinance and hereby especially refer
red to. and any failure upon the part of
the grantees herein, their successors
heirs or assigns, to accept or carry out
any and all provisions in both ordi-
nances giving the 50-year grant for
heat and power to Willard Lemon and
Wilbur B. Foshay shall work forfeit
ure of both grants, and the City Coun-
ell is hereby especially empowered and
reserves to itself the right and privi- |
lege to declare both ordinances and the
rights hereunder granted null and void
after giving the lawful notice as pro-
vided for herein.
Sec. IL. The word Grantees" wher- |
ever used herein shall be taken |
and understood to mean the owner or
owners for the time being of the fran
chise and rights hereby granted, and
shall apply as well to a corporation as |
to an individual or individuals.
Sec. IL. This ordinance shall take
effect on the sixth day after it's publi- |
cation.
Passed May 9th, 1913.
Approved May 9th, 1913.
GEO. A. HOFFMAN,
Mayor.
Attest: