Los Angeles herald., 1906-06-13
pusLlc ADVERTISING

chise. but thereafter such percentagt
shall be payable annually, ana said fran
chase Is to be forfeited by failure 20 make
the payments provided for. The amount
OF the gross annual receipts OF the said
grantee and Its assigns arising from tine
use, operation or possession OF said iran.
ghlse, shau pc deemed ana undefstoou ~
be, and shall be, the total gross earnings
collected or received, OF IN any manner
gained or derived by the grantee or Us
assigns, from charges or rentals, and from
oonduits. or from the rental or
leasing of boxes used in connection with
said auxiliary nre alarm system
And II shall be the duty Of said grantee
and It's assigns to file with the City Clerk
Of the City OF Los Angeles, at the expira.
tion Of six years from the date Of the
granting OF said franchise, and at tho ex-
piratlon Of each and every year thereafter
statement. verified by the oath of said
grantee or its assigns, or by the oath OF
the manager or presiding OFFICER OF SAID
grantee or its assigns showing the tota
iected or received. or in any manner
geined or derived by the said grantee OF
It's assigns, during the preceding twelve
months from charges and rentals, ard
from the leasing or letting of lines OF
conduits, or from the rental or leasing
Of boxes used in connection with said
auxiliary fire alarm system.
And within ten days after the
time for filing the aforesaid statement II
shall be the duty Of said grantee or It's
assigns TO pay to the City Treasurer of
the City of Los Angeles the aggregate
sum Of the said percentage upon the
amount of gross annual receipts arising
from the use, operation or possession OF
said franchise, determined and computed
In the manner hereinbefore provided And
any neglect, omission or refusal by said
grantee or It's assigns to file said verified
statement, or TO pay the said percentage
or q. the said gross annual receipts. at the
vided, shall fpso facto work a forfeiture OF
the franchise hereby granted, and of all
rights Hereunder, to the City of Los
Sec. 8. That the work OF con-
struction shall be commenced I'm good
faith within not more than four months
from the date of the granting of
said franchise, and shall be con-
tinuously prosecuted thereafter in
good faith and without unnecessary or
avoidable intermlssion or, delay
Sec: 10. That said grantee or
fer or assign said franchise, or
any of the rights or privileges granted
thereby, except by a duly executed in
strument in writing filed in the office. Of
geles; and provided further, that nothing
in this franchise contained shall be con-
strued to grant to said grantee or its
sign said franchise or any of the rights
or privileges thereby granted. except In
the manner aforesaid.
Sec; IL. That the City of Los
the expiration of the. period Of
twenty-one years, to purchase the said
wires and conduits, and auxiliary fire
alarm. system, and all of the properties
used in connection with such. auxiliary
fire alarm system, and belonging to the
grantee of said franchise or its
successors in interest. and laid. construct
said franchise and the said Ordinance
giving said privilege to erect and main
tain such auxiliary. fire alarm system,
or used by, said grantee or its
said franchise, and at fair valuation;
provided that the option to make said
purchase shall be declared by resolution
than six months prior TO the expiration
Of said period of twenty-one years.
Sec 12 The valua ton of the
property proposed to be purchased
Ordinance shall be determined by
"a board of three arbitrators. of
whom one hall be appointed by the city,
one by the said grantee or its sue
two arbitrators so appointed. Said arbitra-
tors 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 hereinafter limited,
a new board of three arbitrators shall be
appointed as hereinbefore prescribed, to
The board of arbitrators shall tmme-
diately upon the appointment of its men,
bers enter upon the discharge of its
duties. Any vacancy in the board of ar
bitrators shall be filled by the party who
made the original appointment to the
vacant place. The award of the arbitra-
City Clerk of said city within three
months after their appointment, and a
majority of the arbitrators who agree
thereto may make such Gward.
1IIa 4 nf cot
property determined by the arbitrators
as hereinbefore provided shall be
paid by the city to said grantee
lawful money of the United States,
upon the expiration of the afore-
said 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 fling of said award.
Upon the making of said payment the
title and right of possession of all of said
property shall pass to the City of Los An
geles.
Sec IS. That any neglect, fail
ure or refusal to comply with any
of the conditions of said franchise
shall thereupon Immediately ipso
facto effect forfeiture thereof, and
the said city, by its City Council may
thereupon declare said franchise forfeit
ed, and may exclude said grantee
or its successors and assigns from fur
ther use OF the streets of said city under
said franchise, and said grantee and
its successors and assigns shall there
upon and Immediately surrender all
rights In and to the same, and said fran
chise shall be deemed and shall remain
null. VOID and of no effect
Sec. IA. The City Clerk shall certify
to the passage of this Ordinance and
shall cause the same to be published
once in the Los Angeles Herald.
l hereby certify that the foregoing
Ordinance was adopted by the Council
of the City of Los Angeles at its meet
ing Of June 4, 1906.
u. j. LELANDE
City Clerk
Approved this 1lth day of June. 1906
OWEN McALEER
o-l5 IL Mayor