Los Angeles herald., 1906-06-21
PUBLIC ADVERTISING


while on duty, the Mayor and Members
Of the City Council, and Of the Boarus
Of Police Commissioners Fire ComIniS
Commissioners and Civil Service Com
missioners, the members of the Boaru
or Health the members OF the BOARD OF
schools, and the Directors Of the Pub,
Tic Library free over said road and
over any other road or roads Within
said city which said grantee or MS or
lts 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
its successors or assigns may prescribe
PROVIDED further, that said grantee
and his or Its SUCCESSORS and assigns
Sa,lI shall pay pay TO the city Tax and License
the license upon each car that Is now
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
ife OF said fran chise pay to the city of
Los Angeles, in lawful money OF the
annual receipts OF such sue VsTs grantee 1t e and his
or Its. successors and assigns, arising
ar from m ths s.os use operation or possession
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
III the road for which said franchise is
existing system of street railroad, then
the gross receipts shall be estimated to
be qne-half of the proportion of the
which the mileage of such extension
bears to the total mileage of the whole
system, and said estimate shall be con-
elusive as to the amount of the gross
grantee Of said franchise and and Of his or or
the City Clerk of the City Of Los An An
geles. at the expiration of six years
from the date of the granting of said
franchise and at 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 its
successors and assigns, showing the to-
tai gross receipts and gross earnings
collected or received by said grantee
ing the preceding twelve months, from
All traffic over any part of the line for
the construction and operation of which
part of the system OF street railroad
OF which 1t may be an extension. and
from az other sources. and within ten
said statement it shall be the duty of
said grantee and his or it's successors
and and assigns to pay to the City Treas
aggregate sum of the said percentage
upon the amount of the gross annual
receipts arising from the use, operation
or possession of said franchise, deter
hereinbefore provided
And any neglect omission or refusal
oy said grantee or his or its successors
or assigns to file said verified state
ment, or to pay the said percentage of
the said gross annual receipts. at the
times or In the manner hereinbefore
provided shall ipso facto work a 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
within. not more than four months
from the date of the granting of said
franchise, and shall be continuously
prosecuted thereafter in good faith and
without unnecessary or avoidable in
termission or delay; that said work of
construction shall be completed within
not more than three years thereafter;
commenced and continuously prosecuted
so that at least one-third of the work
of constructing said road shall be COM
pleted within one year from the time
work be not so commenced. prosecuted
or completed within the times, or in
the tn :, manner "a sU 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-
the City Clerk of the City " Los An
geles; and provided further, that
nothing in said franchise contained
shall be construed to grant to said
grantee or his or its successors or as
assign said Franchise or any Of the
rights or privileges thereby granted,
except in the manner aforesaid.
shall have the right at the es expiration ied Of
the aforesaid period of twenty-one years
to purchase the rails, track and roadbed
hereinbefore mentioned, belonging to said
n di9 interest, laid or rus CONSTRUCTED INSTRUCTED
under, the grant hereby made or
used by said grantee or his or its
successors in interest. in the exercise of
this franchise, at a fair valuation, pro-
vlded that the option to make such pur-
chase shall be declared by resolution of
the City Council passed not 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
determined by board OF three arbi-
ed by the city, one by the said grantee
or his or its successors in interest, and
the third by, the two arbitra ators SO ap-
pointed pointed within thirty days | after % the 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
ited 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
charge of it's duties. Any vacancy in
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 ar
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. upon the
expiration 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
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