Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1913-04-25
City Notices
ORDINANCE NUNRER 1874,

AN ORDINANCE granting to MILLARD
LEMON and WILBUR b. FOSHAI,
their heirs and assigns, the right,
privilege and franchise to supply
with steam heat the City of Olympia
Washington, and it's inhabitants and
others therein, and permission to Law,
maintain and use steam mains, pipes
expansion joints manholes and az
purtenant fixtures in, under through
across ard along the public streets
and ways of said City; fixing restric-
lions thereon; prescribing the duties
and powers Of the grantees; fixing
the term, and the terms and condi-
lions of the grant; providing for for
fixture. and prescribing the method
of declaring and exercising the same.
THE CITY COUNCIL OF THE CITY OF
OLYMPIA DO ORDAlN AS FOL-
LOWS:
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) and it's
inhabitants, and persons and corpora
tons owning property or doing bust
ness therein; and to that end to lay,
construct. maintain. relay, replace and
repair steam mains pipes, traps. ex,,
appurterant fixtures in. under through,
along and across all the public streets
and ways, as the same are now estab
lished ana laid out, or may hereafter be
established and laid out, within the
present and future boundaries of the
City Of Olympia; but the rights, priv,
shall not be deemed to be exclusive.
Section .. The rights, privileges and
franchises hereby granted shall con-
tinue for a 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 imnosed 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 un-
dertake to perform said duties and dis
charge said obligations.
Section 4. On streets having a grade
duly established according to law az
mains and other pipes hereafter lad
crence 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-
c0rlng to law, they shall. at least for
ty-five days before commencing exca-
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. l.
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 sneh
with reference Ito the grade so estab-
lished If. however, within such time as
to such street or streets sb, or SaYe b por
so established, then on the portion
thereof wherein no grade has been es-
tablished the Grantees shall lay their
mains and other pipes with reference
to the actual physical grade or the sur,
face of the streets as it then exists. All
mains and other pipes shall be iaia De,
streets. and on all other streets al least
one foot below the surface grade or
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-
listing sewers and drains laid by the
city; their location in the street shall
be such as shall be approved either by
the City Council or by such public body
of the state of Washington as at tae
time may have power to control the
Grantees in the manner or repairs. in
every case the Grantees shall after lay
ing mains and other pipes, restore the
surface of the street to as good perma-
nent condition as 1t was in before they
commenced excavation, and snail lamp
the fill.
If in councctionmwith the laying of
any mains or other pipes of the Gran
tees, any water or gas pipes, or any
sewers. are moved or otherwise as
turbed the Grantees shall bear, ana ne
responsible for, all expense ana cost
connected Herewith.
In every case in which the mains or
other pipes of the Grantees shaii De
with permanent pavement, the Grantees
shall before cutting said pavement,
give to the City bond running TO the
CITY Engineer, in which either the
Grentees or some paving contractor or
other contractor shall be named as
principal, with some responsive surety
company as surety, conditioned prop
erly to restore the cut portions or sucn
pavement and. in every such case
wherein the City shall hold the paving
contractors bond for the future main,
tenance of such pavement, conditioned
further to maintain the cut portion
thereof for the remainder OF ,he pe conl
tractors bond. and for that perlou 70
indemnify the City. against any loss or
expense resulting from such cutting o,
pavement or from excavation or from
any other thing done by or on behall
of the Grantees in connection there-
with.
Section 5. Wherever pipes shall be
laid hereunder on StreetS WueiSoh q.
the time permanent pavements exist
such pipes so laid shall be of wrought
iron or other material having equiva-
lent durability 1900,
Wherever hereafter by due proceed
ings complete provision shall have been
made for the laying OF permanenltt
pavement on any portion or any street
wherein the pipes of the Grantees snail
have heretofore been laid, before sucn
pavement is laid the Grantees, unless
already their mains on such portions OF
such street are of wrought iron OF
other material having equivalent AURA
bility, shall reconstruct their mains
thereon so that the same shall De Oh
wrought iron or other material having
equivalent durability. The size OF suSn
re-laid mains and their location IN the
street shall be such as shall pc APP
proved either by the City Councii or pS
such public body of the State or 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 o.
their mains beyond the limits OF their
original distributing system, ana VIII
In the boundaries hereinafter IN TINS
section Described be reason