Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-10-29

After the establishment of the rates
provided by this section no higher rates
snail be established except with the
consent of the Public Service Commits
sion of the State of Washington. or of
such other public body as at the time
may have lawful authority to establish
rates and regulations for such public
service as may be performed under this
grant
The rates so established shall be avail
able to Olympia Light q Power Com
pany and its successors in the owner
ship of it's present plant for temporary
emergency service, the cost of INSTALL
ing and maintaining necessary connec-
tions and apparatus to be paid by the
user; and the grantee shall furnish to
said Olympia Light & Power Company
, and to its successors as aforesaid. from
time to time in such temporary emer-
gencies, such quantity of electrical en-
ergy as may be needed. and as may be
available without impairing the
| Sec. Z. No consumer shall at any
time be supplied with electric light
| under this grant unless he is "A regular
user of electric power for manufac-
turing or other business purposes. in
dependent of the light. to the extent
of at least two electrical horse power;
electric motor capacity.
Sec. s. Upon the expiration of the
| first five years of the term of this
grant the city. having then lawful
authority so to do shall have the right,
at it's option, to purchase from the
hereinafter provided---no value being
assigned to the franchise hereby
gran granted, entire plant whereby
tributed exclusively to the city and
it's inhabitants. including all the gener-
ating plants so used. all the poles,
| wires, cables, conduits, transformers.
lamps and supplies, and all appurte-
nant right-of-way. and all other real
and personal property of the grantee
which directly or indirectly is so used
the business thereby conducted; pro-
vided that within thirty 500 days after
the expiration of such five 60 years
written notice shall be given to the
grantee, under the authority of an eff
fective and duly recorded ordinance of
the city. Of the city's intention to pur-
chase. and provided the purchase price
be paid and conveyance taken not more
than eight months from the giving of
such notice. and not more than four
months from the date of the award of
and 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
secure 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 pro
vided. then the city shall have a like
option and right, to be exercised in like
manner. at the end Of the second five
years of the term. and so at the end Of
each five-year period of the term.
Upon the completion of any such pur-
chase and sale all the rights hereby
granted shall cease and determine. The
,s<~lxA oh
not be construed to exclude any right
which the city might otherwise have to
acquire such plant and business by
condemnation or otherwise.
subject to this qualifications: That If at
the time of the exercise of the right of
purchase hereupder the grantee shall
have in operation in connection with MS
electrical generating plant. pubTc
steam heating plant or distributing
system maintained under franchise.
or both. then such public steam heating
plant and distributing system and the
business thereby conducted. unless the
grantee shall otherwise elect, SHALL for
all purposes of any purchase hereun-
der. be deemed to be. and treated as a
part of the grantees electrical plant
and business.
The value of the plant for the pur-
pose of any such purchase and sale
shall be determined by board of three
arbitrators, one to be appointed by each
be appointed by those two. The party
requesting the arbitration shall do so
by written notice to the other party
arbitrator. Within FIVE co days there
after. by written notice to the party
claiming the arbitration. the other
in default thereof the first arbitrator
shall forthwith nominate the second.
II within Ave 60 days after the nomi-
nation of the second arbitrator the two
I,o Coil lad N n
arbitrator. such third arbitrator shall
he appointed by such member OF the
Public Service Commission of the state
at that time exercising the powers now
exercised by that commission, as may
be requested to make the appointment
by the party claiming the arbitrat1on,
and as may consent SO to appoint. Such
third arbitrator shall in every case be
an electrical or mechanical engineer OF
good standing in his profession, IN no.
ted and in nowise connected with either
Sec. g. In addition to the option pro.
vided for in section 8, the city shall
chase from the grantee for cash. at the
cost thereof to the grantee. the entire
distributing system whereby electrical
city and it's inhabitants including all
the poles. wires, cables. conduits. trans
formers, lamps and supplies. and all
business conducted Dy means OI SuCH
distributing system. Written notice of
the intention of the city to exercise
this option. fixing the date of the pro-
posed purchase and payment, given
under the authority Of an effective and
duly recorded ordinance Of the city,
and given at least thirty days before
grantee and the purchase price shall
date so fixed. 1t shall be a condition
precedent to the exercise ri this option
that at the same time With such pur-
chase the city. having the lawful au-
thority so TO do shall. simultaneously
with such purchase. assume and under
take with the grantee to perform all
the Grantees contracts then in force
the performance whereof Is accom-
plished through the aid of such dis
tributing system. or in the alternative.
to indemnify and secure the grantee to
his satisfaction against any claim by
reason thereof.
Except as hereinafter next provided.
the option granted by this section
when this ordinance becomes effective.
and II not exercised within that time
shall not be exercised at all. II. how