Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-05-28
RESOLUTION NO. M35.

Whereas. Ordinance No 1881 was
PASSED on the 4th day OF June. 1913,
granting to Willard Lemon and Wilbur
3. Foshay a franchise to construct
maintain and operate electric lines for
transmitting electrical energy along
and across the streets of the City Of
OLYMPIA, and,
Whereas. Said franchise and ordi-
nance contain certain conditions subse-
quent. a breach of which are grounds
for forfeiture OF said franchise. among
said conditions subsequent being the
following:
1. Failure to within seven ca
Of this grant to be furnishing SERVICES
quately equipped so to furnish at least
Ave hundred 5000 horsepower.
2. Failure to carry out every provi-
ed in Ordinance No 1880. the same be-
ing an ordinance passed on June the
4th. 1913. and granting to the same par
ties a franchise to construct and oper-
grounds for forfeiture of this fran
chise.
3. Failure to file in the office Of the
name OF the assignee and date OF the
assignment of this franchise within
thirty days from such assignment and,
Whereas. None Of the FOREGOING con con.
with in that the acceptance OF SAID Or
dinance No. 1881 was filed with the City
Clerk on the 5th day Of August. 1918.
and seven months having PASSED since
that time. the grantees are not now
furnishing nor are they equipped to
Furnish anv electric service, and also
the said grantee, are are not comp,ynins
Ordinance No 1880 and also there was
failure to file notice Of assignment Of
the franchise to the Washington Public
dav~ from, the said assignment. and.
Whereas. It is the desire Of this City
Council to forfeit the said franchise.
Now, therefore,
Be It Resolved by the City Council of
the City ~ OLYMPIA;
l. That the City Clerk shall be and
he Is instructed to give notice to the
washington Public Service Company
and to Willard Lemon and Wilbur Is.
Foshay that the franchise granted by
Ordinance No. 1881 will be forfeited by
days from the receipt by them OF said
notice: provided. by that time all of the
conditions subsequent have been fully
complied with as provided for in sold
said City Clerk shall transmit a copy Of
this Resolution.
2 That the breach upon which this
forfeiture is based consist in the fol-
(a) That the said franchise granted
by Ordinance No 1851 was accepted by
the grantees therein on the 5th day of
August. 1918, and that seven months
having elapsed thereafter. neither the
grantees nor their assignees are at this
time furnishing, nor are they equipped
TO furnish any electric service At All
nov IN the amount Of Ave hundred 5000
horse power.
OBJ That neither the grantees nor
their assignees: under. Ordinance No:
1850 are complying with the rights and
privileges granted hereunder.
Co That the Notice Of Assignment
1881 was not filed with the City Clerk
within thirty days from the date OF the
assignment
That in the event the breach Of
said conditions continue for the said
period Of thirty days that the City At
torney will be instructed to forthwith
commence action against the grantees
under said Ordinance No. 1881 on the
bond they have filed for the faithful
performance Of Subdivision 3D. of said
franchise for failure to perform the con-
ditions OF said bond.
Passed May 10. 1918
Approved May 20, 1915.
GEO. A. HOFFMAN, Mayor.
Attest:
w. A. HOAGE. City Clerk.
Published May 81 and 20, 1918.