Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-10-22

shall not be exercised at all. If. how
ever, during the third year of such
period the city, not having done so be-
fore, snail enter upon the operation of
the plant supplying the city and it's in
habitahts with water then and in that
event. but not otherwise. such option
may be exercised by the city at any
| time within one year after such entry
but not thereafter
| In the event of the exercise of the
option granted b. this section. the
grantee shall thereafter, so long as the
contract referred to in subdivision CD
of section i remains in force, make no
sales OF electrical energy to any person
or corporation within the limits of the
City of Olympia. other than the city
itself, Tor any purpose except for the
operation of railroad or railroads.
! But upon the expiration or other termi-
nation of such contract this limitation
shall cease.
! Sec. 10. This grant is made upon the
following sole conditions subsequent,
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
until it shall have continued for
period of thirty 600 days after receipt
by the grantee of written notice there
Of. specifying the breach, given under
Council duly adopted and recorded.
(a) Within forty-fve (45) days after
this ordinance becomes effective the
grantee shall file in the Office of the
City Clerk. in writing. his acceptance
Of this ordinance and of the grant here
by made, and his undertaking, on behalf
Of himself and his heirs and assigns, to
perform the duties and discharge the
obligations imposed by this ordinance.
CD The grantee shall at all times
during the term hereof indemnify and
=, har Loo, ,tAy, Ill 81 fvv,,
and demands against it established by
the final judgment Of court Of com
petent Jurisdiction and arising out of
the adoption Of this ordinance or Of
| anything done by virtue thereof.
| (c) On or before the fifteenth day of
each month during the life of this grant
| the grantee shall pay to the City Treas
one per cent Gse) of all moneys col
lected by the grantee during the next
preceding calendar month for service
b r by him o ness a nan BY sns sT c9s
itself. and the books of the grantee
shall be open to the inspection of the
city authorities during the life Of this
the amount Of such collections.
(d) Within one hundred G0O days
from the date Of the acceptance of this
Service in the City Of Olympia. and
shall be adequately equipped SO to fur
nish at least three hundred (300) horse
power
(e) The grantee shall not commit or
suifer any breach Of any condition of
the grant of a steam heating franchise
made to him and his heirs and assigns
Council on october 20. 1915. and
ofYicially known as Ordinance No. 1921.
1t being the intention OF the present
ordinance that any cause OF forfeiture
ing ordinance SHALL as well, be ground
for forfeiture of the grant made by this
present ordinance.
(O In case of any assignment of this
grant the grantee shall within ten (lO)
days after such assignment file in the
ofiice Of the City Clerk a notification
thu he date q 3he the ss sssss
and without the consent OF the city
Council expressed in a resolution duly
adopted no assignment thereof snail
Power Company or Its successors or
assigns.
Sec. IL. This grant is made. as well.
dent. until the performance whereof
the franchise hereby granted shall not
vest, that is to say:
(a) Within forty-fv (A5l days alter
this ordinance becomes effective the
grantee shall produce to the Mayor OF
the City Of Olympia evidence satisfac-
tory to him that means are available to
perform. according to it's terms, the con-
dition expressed In subdivision (d) OF
section 10. The written certtncate OF
the Mayor, filed in the ONCE of the City
Clerk, that the grantee has so produced
| such evidence shall be conclusive of
the performance Of the foregoing con-
dition. And. lacking the foregoing
the written certificate Of the
Mayor, similarly filed at any time after
the expiration of such thirty $500 day
period that the grantee has not so pro-
, tuced such evidence shall be conclu-
sive OF the failure Of the grantee to
perform that condition.
(b) Within forty-fve (45) DAYS after
this ordinance becomes effective the
grantee shall execute a certain contract
with the city in the form provided In
that ordinance OF the city passed by the
City Council on October 20. 1915, and
ofiicially known as Ordinance No. 141S.
Sec. H. The word grantee" wherever
used herein shall be taken and under
stood to mean the owner or owners for
the time being of the franchise and
rights hereby granted, and shall in
clude q corporation as well as an fndi-
vidual or individuals.
| Sec. Is. This ordinance shall take
effect on the sixth day after its publ
cation.
Passed October 20. 1915.
Approved October 81, 1915.
GEO. A. HOFFMAN. Mayor.
Attest:
W. A. HoAGE. Clerk
! Published Octoher % and 90. 1915.