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ORDINANCE NO. 2 f,47 .
<br /> An Ordinance declaring the franchise granted The City Steam Heat-
<br /> ing Company , and by it 'presumably transferred to The Everett Steam Heat-
<br /> ing Company , engaged in operating public utilities with the right to
<br /> lay down and maintain pipes and conduits in the streets , alleys and
<br /> other public places in the City of Everett for the transmission of steam
<br /> for heating or other purposes , to be forfeited , and repealing Ordi-
<br /> nance No. 2543 and all other Ordinances or parts of Ordinances in
<br /> conflict herewith , and declaring an emergency.
<br /> WHEREAS , The City Council of Everett by Ordinance No. 2543 , pub-
<br /> lished December 17th , 1931 , did grant a franchise to the City Steam
<br /> heating Company , its successors and assigns , for a period of 25 years ,
<br /> with the privilege of laying pipes and conduits for the transmission
<br /> of steam for heating and other purposes , and the further privilege of
<br /> collecting tolls , rates and compensation therefor , subject to certain
<br /> conditions , provisions and covenants to be performed and to be per-
<br /> formed during the life of such franchise on the part of the grantee;
<br /> And
<br /> WHEREAS , it has been brought to the attention of the City Council
<br /> that the said grantee , The City Steam Heating Company , and its suc-
<br /> cessor in interest , The Everett Steam Heating Company , have failed ,
<br /> neglected and refused to comely with the requirements of the said
<br /> franchise in the following particulars , to-wit:
<br /> ( 1) . Failure to comply with the rules and regulations of the
<br /> City Council of Everett , No. I and II , for the securing of adequate
<br /> and proper service to its consumers and patrons by the City Steam
<br /> Heating Company , a corporation , and to its successor in interest ,
<br /> The Everett Steam Heating Company , a corporation.
<br /> ( 2) . Failure to comply with and for a breach of covenant con-
<br /> tained in your franchise with the City of Everett as set forth in
<br /> Ordinance No. 2543 , section 11 , subdivision (b) to pay April 1st ,
<br /> 1935 , the 2% gross revenues received by the City Steam Heating Com-
<br /> pany , a corporation, or its successor in interest, The Everett Steam
<br /> Heating-:; Company , a corporation , under the rights and privileges given
<br /> the grantee by its franchise.
<br /> ( 3) . Failure to comply with and for a breach of the covenant
<br /> contained in your franchise with the City of Everett , set forth in
<br /> Ordinance No. 2543 , section 11 , subdivision ( c) to pay promptly all
<br /> amounts due the City of Everett for water furnished to The City
<br /> Steam Heating Company , a corporation , or its successor in interest ,
<br /> The Everett Steam Heating Company , a corporation , now long past due.
<br /> And
<br /> WHEREAS , upon the service of a notice to show cause returnable
<br /> in open Council Meeting held in the City Hall of Everett on the 28th
<br /> day of May , 1935 , and continued to June 5th , 1935 , the said City
<br /> Steam Heating Company and its successor in interest , The Everett
<br /> Steam He ti g Company , be in there represented and each of them
<br /> beinn unable to present good and sufficient reasons why such public
<br /> utility franchise should not be forfeited , and the City Council
<br /> having good reason to believe and does believe that the best inter-
<br /> ests of Everett require that the said franchise be forfeited. NOW ,
<br /> THEREFORE
<br /> THE CITY OF EVERETT DOES ORDAIN:
<br /> Section 1. That the certain franchise granted to The City Steam
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