Los Angeles herald., 1905-07-05
pusLlc ApvEarlsIne

Hnu pIoyleeu iuIther, tnat tnat sal1 W
assigns shall at all times carry all
regular and special policemen, police
officers, tiremen and letter. carriers,
Of the city Council, and OF the Boards
OF Police Commissioners, Fire Commits
sioners, Water Commissioners Park
missioners, the members OF the Board
oi, Health, the members OF the Board OF
Edueation. CITY Superintendent OF
lie Library, free over said road and
over any other road or roads within
said city which said grantee or his or
Its successors or assigns does now or
may hereafter own, control or operate,
subject at all times to such reasonable
regulations as said grantee and his or
It's successors OF assigns may prescribe.
and his or It's successors and assigns
shall pay TO the City Tax and License
Solleetor OK the city Of Los Angeles
or may be hereafter fixed by the Or
dinances OF said city.
That the said grantee and his or It's
successors and assigns shall during the
life OF said 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 his
or It's successors and assigns, arising
from the use, operation or possession
OF said franchise. No percentage shall
be paid for the first five years succeed
ing the date of said franchise, but
thereafter such percentage shall be
payable annually and said franchise Is
to be forfeited by failure to make the
payments provided for Provided that
N the road for which said franchise Is
granted shall be an extension of All
existing system OF street railroad, then
be one-half of the proportion OF the
total gross receipts OF said system
SaaTs wnich the ths mileage Of such
system, and said estimate shall be con =
elusive as to the amount of the gross
receipts of~said extension.
And 1t Shall be the duty of the
grantee Of said franchise and OF his or
Its successors and assigns to file with
the City. Clerk Of the City Of Los An
geies, at the expiration of six years
from the date of the granting of said
franchise and al the expiration OF each
and every year thereafter. a statement.
verified by the oath of said grantee or
his or its successors or assigns or by
the oath of the manager or presiding
officer of said grantee or his or It's
successors and assigns. showing the to-
tai gross receipts and gross earnings
collected or received by said grantee
or his or Its successors or assigns dur
all traffic over any part Of the line Tor
the construction and operation Of which
said franchise is granted, or over any
part Of the system of street railroad
or which 1t may be an extension, and
from all other sources. and within ten
days after the time for filing afore-
said statement It shall be the duty OF
said grantee and his or its successors
and assigns to pay to the City Treas
urer of the City of Los Angeles the
aggregate sum of the said percentage
receipts arising from the use, operation
or. possession OF said franchise, deter
mined and computed in the manner
hereinbefore provided.
And any neglect, omission or refusal
| by said grantee or his or its successors
or assigns to file said verified state
the said gross annual receipts, at the
times or In the manner hereinbefore
provided shall ipso faeto work for
feiture Of said franchise and Of all
| rights hereunder, to the City of Los
Angeles.
That the, work of constructing said
road shall be commenced in good faith
| from the date of the granting of said
franchise and shall be continuously
prosecuted thereafter in good faith and
| PERMISSION or delay; that said work of
construction shall be completed within
not more than three years thereafter;
that said work of construction shall be
commenced and continuously prosecuted
| SO that at least one-third of the work
| of constructing said road shall be COM
plIeted within one year from the time
work be not so commenced prosecuted
| or completed within the times or in
the the J., manner "a as specified, said franchise
| That said grantee or his or its sue
cessors or assigns shall not sell, trans
fer or assign said franchise or any of
by, except by a duly executed instru-
ment In writing, filed in tbs office of
the the City Clerk Of the City e Los An
nothing in said franchise contained
shall be construed to grant to said
grantee or his or its successors or as
signs any right to sell. transfer or
assign said franchise or any of the
rights or privileges thereby granted,
| except in. the manner aforesaid.
have the right at the expiration of the
laforesaid period of twenty-one years
to purchase the rails, track and road
and al II Of the
| ing to said grantee. or his or Its sue
cessors in interest, laid or constructed
under the grant hereby made or used
by said grantee or his or its successors
in interest In the exercise of this fran
chise, at a fair valuation, provided
that the option to make such purchase
| City Council passed npt more than
three years nor less than six months
prior to the expiration of said period
| OF twenty-one years.
| The valuation of the property pro-
posed to be purchased pursuant to the
provisions of this. Ordinance shall be
traitors. OF whom one shall be appoint
ed by the city, one by the said grantee
or his or its successors in interest and
the third by the two arbitrators so APP
pointed. Said arbitrators shall be ap-
! pointed within thirty days after the
declaration by the city of its option
to purchase said property. In case said
arbitratOrs fail to make and file an
award within the time hereinafter linn
| tied, new board OF three arbitrators
shall be appointed as hereinbefore pre-
scribed, to determine the valuation OF
said property. The board of arbitrators
shall imediately upon the appointment
OF its members enter upon the dis
the board OF arbitrators shall be filled
| by the party who made the original ap-
pointment to the vacant place. The
award of the arbitrators must be made
and filed with the City Clerk OF said
city within three months after their
appointment, and a majority of the arr
bitrators who agree thereto may make
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
| its successors or assigns, In lawful
money OF the United States, uSSa the
expiration of the aforesaid Jeriod of
| twenty one years, or. IL the award OF
| the arbitrators shall not have been
made and filed at least two months
before 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.