Los Angeles herald., 1905-07-20
pusLlc ADVERTISING

diafeiv upon its being presented to said
grantee, or its successors or assigns, or
to such manager or agent In Los An
That the work of constructing
and laying down said pipe line shall
be commenced IN in good good roantbs faith
from the date of the granting of this
franchise, and shall be continuously
prosecuted thereafter IN good faith,
not more than three years thereafter;
and that II 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 or
United States, two per cent Of the gross
annual receipts of such grantee and its
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
ments 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
or possession, shall be deemed and un-
derstood to be, and shall be, the total
gross earnings collected or received, or
grantee of this franchise, or its. sue
cessors or assigns, from the use of said
pipe line, and from or on account OF
the carriage or transmission i, of oil
through the same. And 1t shall be the
duty of the grantee of this franchise
and It's 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
of each and every year thereafter, a
statement, verified by the oath os 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 II snail
be the duty of said grantee, or its sue
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,
determined and computed in the manner
hereinbefore provided. And any neglect,
omission or refusal by said grantee, or
it's 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
work forfeiture of the franchise here
in granted, and of all rights hereunder,
to the City of Los Angeles.
That any neglect. failure or
ditions of this franchise shall there
upon imm ediately ipso facto effect
forfeiture thereof, and the said city, by
its City Council, may thereupon declare
this franchise forfeited, and may ex-
clude said grantee and it's 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-
That said grantee, or it's sue
cessors or assigns, shall not sell, trans
fer or assign said franchise. or any, any OF
except by a duly executed instrument
in writing, filed in the office Of the
City Clerk of the City of Los Angeles;
and provided, further, that nothing in
said franchise contained shall be con-
strued to grant to said grantee, or it's
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
franchise, or used by said grantee or
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-
three arbitrators, of whom one shall be
appointed by the city, one by the said
grantee or his or it's 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
| file an award within the time herein
after limited, a new board of three ar
bitrators shall be appointed in the same
manner as hereinbefore prescribed, tc
determine the valuation of said prop
erty. The board of arbitrators shall
Immediately upon the appointment OF
its members enter upon the discharge
of its duties. Any vacancy in the boarC
of arbitrators shall be filled by the
party who made the original appoints
ment to the vacant place. The aware
of the arbitrators must be made ant
filed with the City Clerk of said cit.
within three months after their ap
pointment, and a majority of the arbi
traitors who agree thereto may maxi
such award.
The amount of the valuation of sait
property determined by the arbitrator
as hereinbefore provided shall be pai'
by the city to said grantee, or his O
money of the United States, upon the ex
piration of the aforesaid period o
twenty-one years, or, If the award o
the arbitrators shall not have beel
made and filed at least two months be
fore the expiration of said period o
twenty-one years, then within tw,
months after the filing of said award
Upon the making of said payment tn
title and right of possession of all SAT-
property shall pass to the City of Lo
Angeles.
That any neglect, failure or refusa
to comply with any of the conditions o
said franchise shall thereupon immedi
ately ipso facto effect forfeitur
thereof, and the said city by it's Cit
Council, may thereupon declare sal
franchise forfeited and may eXclud
said grantee, or his or It's successor