Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1916-12-22

or assigns shall desire to use any street,
avenue, alley. highway or public place
shall prepare and place on file with the
clerk of the city, maps and plans Of
such proposed construction or install
iation, showing the approximate loCa-
tiun thereof, which said maps and
plans. if found to comply with the terms
of this ordinance and not to interfere
with structures, matters or things al
ready in or on any street avenue, alley
or other public place, under franchise
or other right or with any other pub
lie use, shall thereupon be submitted
to the City Council and IL approved
by it, by resolution duly passed, there
upon permit shall be issued by the
City Clerk for the proposed construc-
ton, installation or work in, under,
street, avenue, alley, highway or pub
lie place for the purpose of construc
ton or installation SO proposed by the
grantee, its successors or assigns 1t
being expressly understood that the
provision requiring the approval OF the
City Council to any extension, is not
to be construed as authorizing such
City Council to prohibit any extension
authorized herein, but is merely to be
understood as permitting the City
Council to govern the location and
route of such extension 1t being
agreed that no permit be requested
purpose of making repairs to work al
ready constructed or installed.
All matters and things authorized by
this ordinance shall be so placed as not
structures or works belonging to the
city or to private interests existing
through right of grant or privilege
from the city. and whenever any tenn
porary interference does take place it
shall cause as little inconvenience as
possible under the circumstances.
All mains and other pipes shall be
laid below the concrete base of all
paved alleys and streets and on all
other alleys and streets at least one
foot below the surface grade of the al
leys or streets as such grade shall have
been established or shall exist, as the
not to interfere with existing sewers
and drains laid by the city. or pipes
and wires of other public service cor
porations; their location in the street
proved by the City Council, as above
stated. In every case the grantee, it's
successors or assigns. shall, after lay
ing mains and other pipes, restore the
good condition as it was before it COM
menced excavation, and shall keep the
portions of the streets and alleys dis
turbed by it up at it's own expense, for
such period of time as such pavement
shall be protected by a maintenance
bond, in no case, however, for less than
two co years. If any existing pipes,
turbed the grantee. its successors or
assigns, shall be responsible for the re-
laying and adjustment of same at it's
expense. All connections from the
mains to the property line shall be paid
and maintained by the grantee it's sue
cessors or assigns.
Wherever pipes shall be laid here
under on alleys or streets wherein at
the time permanent payements exist
iron or other material having equiva-
lent durability.
All mains shall be laid in the alleys.
and the streets shall only be used for
in one block to the alleys in the next
block. except where such Is Impractical,
in such event the city shall grant the
use Of the street.
contained shall be construed to prevent
the City of Olympia from authorizing
or prosecuting any public work of any
character. and the City Council may
grantee. the removal Of any pipe. con-
duit. or any other matter or thing, in
stalled, constructed, or maintained in
to- With aSo
which may be made in the location or
grade of any street, avenue. alley or
highway, 1t being the intention by this
right to make any necessary and proper
change or re-grade. and to require the
grantee to conform thereto without any
expense. whatever to the City Of Olym-
pia; and in the case of the failure on
the part of the grantee to comply with
any such order, the city shall have the
right to make such removal or change
added for supervision. shall be paid
by the grantee upon proper demand be-
ing made therefor, with an itemized
statement of the expense so incurred
attached to said demand.
Sec. 4. No excavation or excavations
in any one street. avenue, alley or pub
lie highway shall be made by the
Blocks at time. The work shall pro-
coed with due diligence, and upon it's
completion the grantee, its successors
or assigns, shall leave the street. ave-
nue.. alley or public highway in as good
repair and condition as it was before
such excavation was made. and shall
promptly remove all dirt and rubbish;
the city shall have the right to put
such street. avenue. alley or public
highway in as good repair and condi-
ton as it was before such excavations
thereof, together with ten per cent ad-
ditional, shall be charged to said
grantee, and the said grantee. its sue
cessors or assigns. shall pay the same
by an itemized statement of such ex-
pense.
The grantee agrees to protect and
ments. and actions of any kind. nature
and description arising from or growing
out of any matter or thing connected
with or pertaining to the subject mat
ter of this ordinance. or any work done
hereunder. or under the grant herein
contained. Said grantee shall, upon no.
tice of the presentation of any claim.
or the commencement of any suit or
action. investigate prepare the defense
of and defend every such claim. action
or suit without expense to the city. and
in case Judgment shall be rendered
AGAINST the said city. shall fully satisfy
such Judgment within thirty 600 DAYS
after such suit or action shall be
finally determined, or any appeal he
taken within thirty days after the final
decision Of the appellate court thereon.
and pay the costs and expense of such
Investigation. preparation of the de-
Tense as and when they accrue. This
shall not prevent the city from inves-
tigating and defending any claim pro-
ceedine or action. Any judgment rem
dered against the city shall be binding
and conclusive AGAINST the grantee. II
reasonable notice Of the tendency Of
such action. and time to investigate
and prepare defense. shall have been
given the grantee.
Before making any excavation in anv
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