Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-05-21

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Fixing the Term Of This Grant Pro-
yiding for Forfeiture Thereof and
This Grant
The city Council of the CITY of O,y,nnta
do ordain as follows:
Section l. The right, privilege ana
tianchise Is hereby granted to william
W. Manner. his. associates, heirs. and
assigns, referred to hereinafter az the
grantee. to construct, maintain and OPP
crate an electrical system within tho
cry or Olympia, and to construct and
maintain poles, wires, cables, urder-
ground conduits and other appurte-
nances Tor the distribution of electrical
power light and heat in, along, across.
over ana under all streets, public high
ways, alleys and other public places
within the city Of Olympia. Washing
ton. SAID grant being subject, however
70 the terms and conditions hereinafter
stated.
Sec ?. The location and character Of
an poles, conduits and wires upon ever
ana under any of the streets of the Citv
or olympia, to be constructed and main
tanned by virtue of this grant shall be
as as Regulated reg late. and directed by ordinance
or the city of Olympia. The grnntor
also reserves the right to direct the
manner In which said poles shall be
shall be painted.
Sec 3. The right, privilege and fran
chise granted herein shall extend for
the period of fifty years.
Sec A. Operations for the construc-
ton or said electrical system within the
city or Olympia shall be commenced
within the period of three CD years
from the date Of the passage of this
ordinance, and If not so commenced this
ordinance shall become null and void,
unless said time be extended by ordi-
nance duly passed by. the grantor.
Sec. 5. Before furnishing any service
to consumers within the City of OIym-
pia, 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 herein in the event said
said electrical power and energy for
purely municipal purposes and not for
the purposes of resale, at rate not to
exceed twenty-five per cent ESQ., Of
the rate fixed for private consumers in
small quantities.
Sec. s. At any time that the grantor
herein desires to purchase the electri-
cal plant and system constructed under
authority of this ordinance it shall have
authority so to do upon the payment Of
the actual value of said plant based
thereof, less depreciation. If any, not
including any extra value as a going
concern, excepting, to the extent that
curing business, and further, no value
hall be assigned to the franchise grant,
ed hereby, and further. no value shall
excepting that a reasonable interest
shall be allowed during the period of
construction on the money actually
used, and in the event of inability to
agree as to what the proper and judi
cious expenditures of money in the con-
struction Of said plant has been and
BEEN the city at it's option may pro-
coed in the usual form of condemnation
to acquire said plant. in which suit no
value shall be given to said plant on
account of going value. franchise value
and development cost except as above
set forth. or the same may be arbitrated
~ 40 nf Otyrrt1 yNfo NJ
engineer, the grantee herein amounting
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 ana
all extensions thereto records OF the
cost Of the same shall be carefully kept
so that the provisions of this section
may be readily enforced.
Sec. q. Whenever the grantor shan
provide for street lighting system
along any street within the City or
Olympia, in the manner provided ny
law, where. the grantee has previously
constructed a pole line or conduit. the
said grantor shall have the privilege OF
usin~ said conduit or pole line without
cost for such use: and whenever the
Rrantor shall provide for the construc-
ton Of a street lighting system along
any street within the city of Olympia.
in the manner provided by law. where
the grantee has not constructed polo
line or conduit, the grantee shall have
the right, without cost for such use to
construct his wire lines on the poles or
in the conduits SO constructed. FOR 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
anv electrical system, pole lines or con-
Quits within the City of Olympia under
this franchise or anv extensions there
to. the grantee shall file with the CITY
Engineer Of the CITY OF Olympia Dlue
nrints showing the proposed Improve
ment together with specifications as 20
the manner in which said improvement
IL to be made. and s,ch constructor
shall not he proceeded with until the
engineer has had an opportunity TO IN.
vestieate and examine the Same. ana
has riven his approval to the plan pro-
posed a..
raise or remove any wires so that tne
street nav be used for the purpose OF
moving houses or other legitimate use.
or whenever " becomes necessary 10
remove any conduit so as TO provide Tor
additional underground constrnctinn OF
sewers water mains or other conuutsy
said removal. raising or changing snon
he done ct the expense of the GRANTEES
upon notice from the city engineer 50
Sec. 10. Said grantee aRrees TO fm!iy
ndemnifv the CITY AGAINST alf liability
and damages which may arise or LOT
any injury suffered 70 persons or nrop.
erty bv reason Of the construction OF
the electrical plant granted under TINS
franchise. and further agrees 70 comoy
with ell reasonable requirements maze
bv such city relative to the use Q, sa.d
cieca,lv agrees to carefully barricade
ali excavations made in said streets and
during the hours Of darkness 10 nIace
red lanterns therein: also said grantee
agrees to Indemnify the city from any
injury or casualty or accident occurring
to any person or property by reason Q!
ony NEGLECT or omission to keep said
electrical system. wires coSanits' tunes n,ss
or poles In a safe CONDITION: A,s0
grartee agrees to- whenever necessary
hv reason OF anv change in the grade OF
anv street or when In the fmorovemenS
~ any street It becomes necessary e
MOVE the poles or condnits CONSTITUENCIES
nv him 70 move said poles or con- con.
QUITS AT his own expense nnon receiving
uctica from the CITY Engineer so to DO
Sec. ~. The grantee s~rees that IN