Los Angeles herald., 1905-07-22
1921 lot

within not more than four months
from the date. of the granting Of this
prosecuted thereafter in good faith,
and shall be completed within
moi. more than three years thereafter;
and that IL said work be not so com
menced. prosecuted and completed with
| In the times and in the manner speci-
fled, this franchise shall be forfeited.
That the said grantee and its
successors and assigns shall, during the
life Of this franchise, pay to the City of
Los Angeles, in lawful money of the
United States, two per cent Of the gross
annual receipts of such grantee and It's
successors and assigns arising from the
use, operation or possession of this
franchise; No percentage shall be paid
for the first five years succeeding the
date OF this Ordinance, but thereafter
such percentage must be payable an
nually, and this franchise is to be for
| feited by failure to make the pay
merits provided for. The amount of the
gross annual receipts of the grantee of
this franchise and Its successors and
assigns, arising from its use, operation
derstood to be, and shall be, the total
gross earnings collected or received. or
In any manner gained or derived by the
grantee of this franchise, or it's suc-
cessors or assigns, from the use of said
pipe line, and from or on account OF
the carriage or transmission of oil
! through the same. And 1t shall be the
duty of the grantee of this franchise
and its successors and assigns to file
with the City Clerk of the City of Los
Angeles, within thirty days after the
expiration of six years from the date
of the granting of said franchise, and
within thirty days after the expiration
statement verified by the oath of the
manager or presiding officer of said
grantee, or its successors and assigns;
showing the total gross receipts and
gross earnings collected or received. or
in any manner gained or derived by the
said grantee, or its successors or as
signs during the preceding twelve
months from the use of said pipe line,
and from or on account of the carriage
or transmission of oil through the same
And within ten days after the time for
| filing the aforesaid statement 1t shall
be the duty of said grantee, or it's sue
cessors or assigns to pay to the city
Treasurer of the City of Los Angeles
the aggregate sum of the said percent
age upon the amount of the gross an
nual receipts arising from the use,. OPP
Grafton or possession of this franchise,
herein before provided. And any neglect.
omission or refusal by said grantee, or
| its successors or assigns, to file SAID
verified statement, or to pay the said
percentage of the said gross annual re-
ceipts at the times and in the manner
hereinbefore provided, shall ipso facto
in granted. and of all rights hereunder,
to the City of Los Angeles.
That any neglect, failure or
refusal to comply with any of the con
/
upon imm ediately ipso facto effect a
forfeiture thereof, and the said city, by
its City Council, may thereupon declare
this franchise forfeited, and may ex-
| clude said grantee and its successors
and assigns from further use of the
streets of said city under said franchise,
and said grantee and its successors and
assigns shall thereupon and immedi-
ately surrender all rights in and to the
same, and this, franchise shall be
deemed and shall remain null, void and
| of no effect. Provided however, that
| said grantee its successors or assigns,
shall have the right to remove said pipe
| from said streets, subject to such regu-
lations as the said City Council may
impose.
That said grantee, or its sue
or er asghS ad sna sTancbse net se Of
the rights or privileges granted hereby,
except by a duly executed instrument
in writing, filed in the, office. of the
and provided, further, that nothing in
said franchise contained shall be con-
strued to grant to said grantee, or its
successors or assigns. any right to sell,
transfer or assign said franchise, or any
of the rights or privileges thereby
granted, except in the manner afore-
said.
That the City of Los Angeles shall
have the right, at the expiration of the
aforesaid period, to purchase the pipe
lines and all properties in any of the
streets hereinbefore mentioned, belong
ing to the grantee of said franchise or
his or it's successors. in interest, laid or
constructed under the grant of said
his or it's successors in interest in the
exercise of said franchise, at a fair
valuation, provided that the option to
make such purchase shall be declared
by resolution of the City Council passed
not more than six months prior to the
expiration of said period of twenty-one
years.
The valuation of the property covered
by the aforesaid option or right to pur-.
chase shall be determined by board of
three arbitrators, of whom one shall be
appointed by the city, one by the said
grantee or his or its successors in in
terest, and the third by the two arbi-
shall be appointed within thirty days
after the declaration by the city of its
option to purchase said property In
case said arbitrators fail to make and
after limited. a new board of three ar
bitrators shall be appointed in the same
manner as hereinbefore prescribed, to
determine the valuation of said prop
erty. The board of arbitrators shall
Immediately upon the appointment of
it's members enter upon the discharge
of arbitrators shall be filled by the
party who made the original appoint
ment to the vacant place. The award
filed with the City Clerk of said city
within three months after their ap-
pointment. and majority of the arbi-
trdtOrS WIO dSlSe lHeicto may manu-
such award.
The amount of the valuation of said
property determined by the arbitrators
as hereinbefore provided shall be paid
by the city to said grantee, or his or
it's successors or assigns, in lawful
money of the United States, upon the ex-
piration of the aforesaid period of
twenty one years, or, If the award of
the arbitrators shall not have been
made and filed at least two months be-
fore the expiration of said period Of
twenty-one years, then within two
months after the filing of said award
Upon the making of said payment the
title and right of possession of all said
property shall pass to the City of Los
Angeles.
That any neglect failure or refusal
to comply with any of the conditions of
said franchise shall thereupon immedi-
ately ipso facto effect a forfeiture
thereof, and the said city, by it's City
Council, may thereupon declare said
franchise forfeited, and may exclude
said grantee, or his or its SUCCESSORS
and assigns. from further use OF the
streets of said city under said franchise,
and said grantee and his or it's success
ors and assigns shall thereupon and inn
mediately surrender all rights in and to
the same, and said franchise shall be
deemed and shall remain null. void and
Notice is also hereby given that
sealed bids, in writing, will be received
for said franchise up TO eleven o'clock