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

Grating plant and public distributing
system shall. unless the grantee shall
Otherwise elect, b. deemed and treated.
for purposes Of any purchase hereun-
del. rs part of the grantees steam
heating system.
The value of the plant for the pur-
pose of any such purchase and sale as
is herein provided for shall he deter
mined by hoard of three arbitrators,
one to he appointed by each of the par
ties hereto. and the third to be APP
questing the arbitration shall do so by
written notice to the other party and
shall in such notice nominate its arbi
traitor, Within five O., days thereafter,
by written notice to the party claiming
the arbitration, the other party shall
nominate its arbitrator. and in default
thereof the first arbitrator shall forth
with nominate the second. If within
five t5) days after the nomination of
the second arbitrator the two shall
have failed to agree upon a third arbi
traitor such third arbitrator. shall be
appointed by such member of the Pub
lie Service Commission of the State of
Washington, or of the public body at
that time exercising the powers now
be requested to make the appointment
by the party claiming the arbitration.
and as may consent so to appoint. Such
third arbitrator shall in every case be
good standing in his profession in no.
wise interested in the matters submit
ted and In nowlse connected with either
Sec. 10. This grant is made upon the
following sole conditions subsequent, a
breach Of any one of which shall be
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 600 days after the re-
thereof specifying the breach. given
duly recorded resolution of the city.
(al Within thirty 600 days after this
shall file in the office Of the City Clerk,
in writing, his acceptance of this ordi-
nance and of the grant hereby made,
self and his heirs and assigns. to per-
form the duties and discharge the obli-
cations imposed by this ordinance.
during the the term hereof and
hold harmless the city from all claims
and demands against 1t established by
the final judgment of a 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
J so long as no competition in the pub
lie distribution of steam shall exist in
the city of Olympia and so long as no
franchise adapted to use in competition
with the business conducted under this
present grant shall have been granted.
and no action for condemnation shall
have been begun by the city, but no
city Treasurer OF the city, for the use
of the city one per cent l1%) of all
moneys collected by him during the
next preceding calendar IN month TO, Tor
under and by virtue of the grant hereby
made.
(d) Within six co. months from the
subdivision (a) Of this section. the
grantee shall be ready to furnish steam
to consumers through mains on the
following parts of the alleys and
/. Beginning at a point in franklin
street at least as far north as First
street. and running thence south on
the alley next nprth of Fourth street:
2. Beginning at the alley east OF
franklin street and running west
Fourth streets to the center of the
block west Of Main street in said alley:
8. Beginning at the intersection OF
the north line OF Third street with WI Main
street to the alley between Sixth and
Seventh street;
4. Beginning at the intersection OF
the alley between franklin and Wash
ington street with the allev. between
Third and Fourth street, and running
thence in 1he alley between Franklin
section thereof with the alley between
Fourth and Fifth streets;
5. Beginning at the intersection OF
a,ey With the aeY Thrd
and Fourth streets and running south
in the alley between Adams and Wash
lington streets to the intersection there
Of with the alley between Fourth and
Fifth streets,
(e) Not later than the expiration Of
one hundred (100) days after the Ming
division (a) of this section there shall
have been expended not less than ten
thousand dollars N1O,00000) in the con-
struction and INSTALLATION OF some par
in paragraphs one U) to Ave 60 fnclu-
sive, Of subdivision (dD Of this section:
and in laterals and services connected
have heretofore been expended thereon.
(f) In case Of any assignment of this
grant the grantee shall, within ten (lO)
office OF the City Clerk notification
thereof, stating the date of the assign
ment and the name of the assignee.
upon the following condition precedent
until the performance. whereof the
franchise hereby granted shall not vest,
That within forty-five (45) days after
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 the grantee adequate to enable him
to perform, according to their terms.
the conditions expressed in subdivisions
(d) and (e) OF section 10.
The written certificate of the Mayor,
filed in the Office of the City Clerk. that
the grantee has so produced such evil
dence shall be conclusive of the per-
Torrance Of the foregoing condition
precedent And, lacking the foregoing
certificate. the written certificate OF
the Mayor. similarly filed at any time
after the expiration of such forty-fi Ave
day period. that the grantee has not so
produced such evidence shall be conclu-
sive of the failure Of the grantee to
perform that condition.
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 apply
as well to a corporation as to an indi-
vidual or individuals.
Sec 49, This ordinance shall take
effect on the sixth day after it's publ
cation.
Passed October 20, 1915.
Approved October p. 1915.