Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1913-03-14

used therein and the business thereby
conducted, provided that within thirty
days after the expiration of such five
years written notice shall be given to
the grantee under the authority of an
effective and duly recorded ordinance
of the city of its intention to purchase
and provided the purchase price be
paid and conveyance taken not less
than six nor more than eight months
provided also that at the time of
making such purchase the City, having
lawful authority so to do, shall assume
and undertake with the grantee to per-
form all the grantees contracts then in
force relating to said plant. to the con-
duct thereof. and to the performance
of his obligations under this grant or.
in the alternative, to indemnify and Sc
cure the grantee to his satisfaction
against any claim by reason thereof
If the option to purchase herein pro-
vided for shall not be exercised in the
manner and at the time herein provided
then the city shall have like option
and right to be exercised in like man
ner. at the end of the second five years
of the term, and so at the end of each
ive-Near period of the term.
The value of the plant for the purpose
OF any such purchase and sale as is
Ihereinbefore provided for shall be de-
termined by board of five arhitrators.
two to Toe appointed by the city. two
lby the grantee. and the fifth by the
four SO appointed. In any such Valua-
ton no value shall be assigned to the
completion of any such purchase and
sale all the rights hereby granted shall
cease and determine. The right to
purchase hereby given shall not be con-
Strued to exclude any rights which the
lefty might otherwise have to acquire
said plant and business by condemna-
ton or otherwise.
Sec 9. This grant is made upon the
following sole conditions subsequent, a
breach of any one of which shall be
ground for forfeiture, but no forfeiture
shall be effective unless and until spe-
officially declared in an effective and
duly recorded ordinance of the city. and
no breach of any such condition shall
be ground for such forfeiture or for any
declaration thereof unless and until it
shall have continued for "A period of
thirty days after receipt by the grantee
| Of written notice thereof, specifying
nance of the city:
(a) Within sixty days after this or
dlnance becomes effective the grantee
shall file in the Office of the city clerk
! his acceptance in writing OF this ordi-
nance and of the grant hereby made;
| 90 The grantee shall at all times
during the term hereof indemnify and
hold harmless the city from all claims
and demands against it established by
the flnal 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;
tc) Within four months after this
ordinance becomes effective the grantee
shall either have acquired the proper
ties and franchises of Olympia Water
Works a corporation of the State OF
Washington. or shall have acquired a
majority of all the issued shares of the
capital stock of such corporation and
such ownership shall have appeared Of
record.
(d) In the event that the grantee
shall acquire any franchise or fran
chises heretofore at any time by the
red on said Olympia Water Works, the
grantee shall, within sixty days after
such acquisition. file with the City
Clerk an appropriate instrument sur
rendering all his rights and interests IN
such franchise or franchises; and in
the event that the rights. privileges
and franchises hereby granted shall be
assigned to said Olympia Water Works.
said corporation shall within sixty
days after such acquisition. file with
the City Clerk an appropriate instru..
interests in all other franchises here
tofore at any time by the City Of Olym--
pia granted to or conferred on said
| Olympia Water Works;
month during the life of this grant
so long as no competition in the public
distribution Of water shall exist In the
City OF Olympia and so long as no
ton with the business conducted under
this present grant shall have been
granted, but no lOnger--the grantee
shall pay to the City Treasurer OF the
City for the use of the City four per
cent of all moneys collected by him
during the next preceding calendar cal ar
him under and by virtue of the grant
hereby made.
Sec. 10. The word grantee" wher-
ever used herein shall be taken and un-
derstood to mean the owner for the
time being of the franchise and rights
hereby granted. and shall apply as well
to corporations as to individuals.
| Sec. IL. This ordinance shall take
effect on the sixth day after it's publ
cation.
| Passed November 9Th, 1912.
| Approved November 18th, 1912.
w. l.. BR1DGFORD.
Mayor.
Attest: