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


amount Of this bond, in which case such
security shall be held as a substitute
for, in lieu Of the bond herein provided
for.
Sec. S. The grantee, it's successors or
assigns, shall commence the construc-
tion of its plant within eighteen months
from its acceptance of this ordinance,
and have completed the mains and con-
Quits for steam heating services and
electric service within the following de-
scribed district within two years from
date:
Third street on the north jefferson
the south and Columbia Street on the
west.
Also a connection of the foregoing
system with the grantees central steam
heating plant.
Also a pole line for the transmission
of electrical power to the pumping sta
tion OF the Olympia Water Company.
Also the completion of the generating
plant ready for operation.
Failure on the part of the grantee to
perform any of the provisions of Sec
vided, and continue default after ninety
days written notice shall terminate ali
rights hereunder at the option of the
City Council: The grantee herein by
for labor or material used in repairs,
alterations or removal herein provided.
plus the ten per cent additional. does not
waive it's right to question the fairness
to subsequently maintain an action to
recover back any moneys pald under
protest, provided such action is COM
menced within sixty days after such
payment.
Sec. 6. In order to claim the benefit
and right under this ordinance the
grantee herein shall within sixty (60)
days from the passage hereof file with
the City Clerk its acceptance. in writ
ing. of the franchise herein granted,
accepting the same, subject to all the
provisions. limitations and agreements
herein contained.
Sec. Z. This grant shall continue for
a period of twenty five (25) years from
the date Of it's final passage. unless
sooner terminated as and for the rea-
son herein provided.
Sec. s. All the provisions of this
ordinance shall be applicable to the
grantee, his successors and assigns. and
shall enure to the benefit of the grantee
its successors and assigns. and be bind
ing upon them.
Sec 9. on the fifteenth day of each
month during the life of this grant,
operate its plant-so long as no com
petition in the public distribution of
steam shall exist in the City of Olympia
and so long as no additional franchise
adapted to use in competition with the
business conducted under this present
grant shall have been granted. but no
longer-the grantee shall pay to the
City. Treasurer of the city for the use
collected by it during the next preced-
ing calendar month for steam heating
service and electrical service furnished
by it under and by virtue of the grant
hereby made, and the books of the
grantee shall be open to the city ON
GERS to inspect all gross receipt entries.
Sec 10. Upon the expiration Of the
hrst ten years Of the term of this grant
the city shall have the right to pur-
chase from the grantee for cash, at it's
value: no value being assigned to the
f~p 1,tc
agreed upon. its entire plant and svs-
tens Of steam and electrical distribu-
ton. whereby steam and electricity are
generated and conducted. TRANSPORTED
itants. together with all plant equip
ment and all other appurtenant fixtures
used In connection with the generation
and distribution of steam and electric
all other real and personal property
Of the grantee which is directly or in
directly used therein: and the business
within thirty (3O) DAYS after the ex-
pfration Of such ten (10) years. written
notice shall be given to the grantee
under the authority OF an effective and
duly recorded ordinance Of the city OF
its intention to purchase, and the pur-
chase price be paid and conveyance
taken not more than twelve (12) months
more than six 1s) months from the date
OF the award Of the arbitrator here
matter provided for, and PROVIDED.
ALSO. that at the time Of making such
thority so to do. shall assume and un-
dertake with the grantee to perform
al! the grantees contracts then in force
relating to said plant. to the conduct
thereof and to the performance of its
obligations under this grant, or, in the
alternative to indemnify and secure the
grantee to it's satisfaction against any
claim by reason thereof.
III the option to purchase hovspip nro.
vtded for shall not be exercised in the
manner and at the time herein provid-
ed, then the city shall have like OPP
tion and right. to be exercised in like
manner at the end of the second Ave
go year period OF the term OF this
franchise. and so at the end of each
Upon the completion OF any such pur-
chase and sale all rights herein grant
ed shall cease and determine.
The value of the plant for the pur-
pose OF any such purchase and sale as
is herein provided for shall be deter
mined by board Of three arbitrators.
one one to be appointed by each Of the par
pointed by those two. The party re-
questing the arbitration shall do so by
written notice to the other party and
shall in such notice nominate it's arbi-
traitor Within sixty (60) days there
after by written notice to the party
claiming the arbitration the other
party shall nominate its arbitrator. and
~ tHeTeOI tne nfSt arbitrator
shall forthwith nominate the second.
II within sixty (6O) days after the nom
nation Of the second arbitrator the two
shall have failed to agree upon a third
arbitrator. such third arbitrator shall ,
be appointed by such member of the
Public Service Commission Of the State
or washington. or of the public body
at that time exercising the powers now
exercised by that commission, as may
be requested to make the appointment
by the party claiming the arbitration,
ana as may consent so to appoint Such
third arbitrator shall in every case be
an electrical or mechanical engineer Of
good standing in bis profession in no
wise interested in the matters submit
ted and In no wise connected with
either of the parties. One qualification
being senior member in either the
A. S. w: r.. or A. s. f. f. and regu- |
larry Following his profession
Sec. II. This franchise and the rights
and privileges hereby conferred shall |
not be assigned except with the permits
sion Of the City Council expressed by
resolution duly passed
sec IL This ordinance shall take eff |
rect and be in force sixty (6O) DAYS
after Its passage and after its accent
ance by the American District Steam