Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-05-28
ORDINANCE NO. 1879,

Otner Appurtenances for the Trans
mission Of Electrical Power Alon.
Upon. Over. Across and Un,cr tn.
Public Highways. Streets. Alleys ant
Other Public Places Within Sand city
ri5,ng the the Term OF This Grant: Pro
Eixing the Terms and Conditions OF
The City Council Of the City OF I" .mra
! do ordain as follows:
Section I. The right. privil-", AZ
franchise is hereby granted to " ,'o.r
w. Manner. his associates, here's. ..,n
assigns. referred to hereinafter - III,
grantee. to construct, maintain ":,d up
crate an electrical system within III.
city OF Olympia. and to construct nnd
nai i poles, wires cables. N d.
nances for the distribution Of electrical
bower, light and heat in. along, across
over and under a. streets, public hi.h
! wavs, alleys and other public places
/ within the City of Olympia. Washing
| ton said grant being subject. how yer
to IN, terms and conditions hereini, ftci
stated.
sec 2. The location and character o.
all poles. conduits and wires unon, cver
and under any of the streets of the City
! IF olympia, to be constructed and main
tanned by virtue. of this grant, sha,l he
"s re"u'ated end directed bv ordinanc.
Of the City of Olympia. The grantor
also reserves the right to direct tn,
manner in which said poles shall be
maintained and what portion of them
Soc 3. The right. privilege and fran
elise granted herein shall extend for
the period of fifty years.
Sec. 4. Operations for the construc-
ton OF said electrical system within the
City of Olympia shall be commenced
within the reriod OF three CD years
ordinance, and il not SO commenced this
ordinance shall become null and void,
unless said time be extended by ordi-
nance duly PASSED by the grantor.
pnff ,rvis hi no W.T. m
70 consumers within the City Of Olym-
oia the grantee shall file with the city
and with the Public Service Commission
rates for lighting and power service
within the city Of Olympia. The grantee
agrees to furnish electrical power to
the grantor h. rein in the event said
rrantor shall desire to purchase the
purely municipal purposes and not for
he purposes of resale at a rate not to
.xceed twenty-five per cent (25%) Of
he rate fixed for private consumers In
Sec. 6. At any time that the grantor
Nerein desires to purchase the electro
cal plant and system constructed under
authority OF this ordinance 1t shall have
authority so to do upon the payment Of
he actual value of said plant based
upon the proper and judicious cost
thereof. less depreciation. II any. not
concern. excepting to the extent that
actual money has been expended In Sc
curing business: and further. no value
hall be assigned to the franchise grant
I'd hereby. and further. no value shall
he assigned to the development cost,
eXcenting that a reasonable interest
construction on the money actually
used. and in the event Of inabnity to
agree as to what the proper and judi
cious expenditures Of money in the con-
struction of said plant has been and
what depreciation. II any. there has
been. the city ut it's option may pro-
coed in the usual form OF condemnation
v TO shs be PSen sad plant
account Of going value, franchise value
and development cost except az above
set forth. or the same may be arbitrated
bv the CITY of Olympia appointing one
engineer, the grantee herein annointtng
an engineer and the two engineers thus
appointed selecting third, which SAID
board OF arbitration shall determine all
points OF dispute between the grantor
and the grantee herein. and also in said
arbitration no value shall be given to
going value. franchise value and devel-
opment cost. except as above set forth
In the construction Of the electrical sys.
tenn and plant under this franchise and
all extensions thereto records OF the
cost Of the same shall be carefuI'v Kept
NAV be readily enforced.
Sec Z. Whenever the grantor shall
provide for street lighting system
Olympia, in the manner provided by
law. where the grantee has previously
constructed a pole line or conduit, the
usin~ said conduit or pole line without
cost for such use; and whenever the
grantor shall provide for the copstruc-
ton OF street lighting system along
in the manner provided by law, where
the grantee has not constructed a pole
line or conduit. the grantee snail nave
the right without cost Tor s sue use: 20 10
in the conduits so constructed. Tor the
purpose OF extending his electrical sys-
tenn, and the grantOr reserves the right.
whenever in its Judgment business war
rants such extension, to direct and pro-
vide for such extension by ordinance. .
Sec. 8. Prior to the construction or
any electrical system. poe lines or nS cSe
this franchise or any extensions there
to. the grantee shall file with the City
Engineer Of the City OF Olympia blue
ment, together with specifications as to
the manner in which said Improvement
is to be made. and such construction
! shall not be proceeded with untii tne
vestigate and examine the same. ana
has given his approval to the plan pro-
posed. -
Sec. Q. Whenever 1t Is necessary to
raise or remove any wires SO that the
street may be used for the purpose OF
moving houses or other legitimate use,
or whenever IL DeCOHlcS ucCcSSulS w
= remove any conduit so as to provide Tor
additional underground construction OF
sewers, water mains or other conduits:
said removal. raising or changing shall
he done at the expense OF the grantee
upon notice from the city engineer so
to do ,..
indemnify the city against all liability
and damages which may arise. or Tor
any injury suffered to persons or prop
erty by reason of the construction OF
the electrical plant granted under this
franchise, and further agrees to comply
with all reasonable requirements made
by such city relative to the use OF SAID
streets or other public places ana spe.
ali excavations made in said streets and
during the hours OF darkness to place
red lanterns therein: also said grantee
agrees to indemnify the city from any
injury or casualty or accident occurrine
! TO any person or property by reason OF
sny neglect or omission to keep SAID
electrical system. wires. conduits. TUBES
or poles in a safe condition: Also Sc,
hv reason Of any change in the grade OF
anv street or when in the Improvement
Of any street 1t becomes necessary TO
move the poles or conduits constructeo
Y