Los Angeles herald., 1906-02-27

shall the franchise granted to said grantee
or MS assigns, In any manner enlarge OF
extend the rights or privileges OF the
persons or corporations owning Such poles,
on confer upon them any greater or diff
ferent rights or privileges than those
granted to them by the franchise OF fran
chises under which said poles have been
on may be erected and maintained; and all
nnes OF wires constrpcted or operated
under said franchise shall have complete
iron or copper circuits.
That said grantee and his assigns shall,
X required by said city, furnish and allow
II during the. term of said franchise, the
right 70 use, free OF charge or expense to
said city, the conduits and a certain per-
centage OF the wires In each cable, as
hereinafter provided, for municipal pur-
poses, such use to be consistent with the
proper, and reasonable use of said system
by said grantee and his assigns, and to be
exercised In the manner following, to wilt:
Wherever conduits are laid for the wires
TO be Installed under said franchise, the
said city shall be entitled, subject to the
limitations aforesaid, to use said condults
for Its wires in all cases where separate
wires are installed. and where such con-
QUITS are occupied by cables instead OF
separate wires, the said city shall be en-
titled to the use OF ten per cent of the
wires In each cable. containing more than
fifty pair, and twenty per cent OF the
wires In each cable containing fifty pair
purpose aforesaid.
That the rents or charges for service
In or by the system established or maill-
tained under said franchise shall be sub
ject 10 regulation by the city of Los
Ansces.
Thai said grantee and his 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 assigns, arising from the use, operation
or possession of said franchise. No per-
centage shall be paid for the first. FIVE
years succeeding the date of said fran
chase, but thereafter such percentage
shall be payable annually, and said fran
the payments provided for. The amount
OF the gross annual receipts of the said
grantee and his assigns arising from the
use, operation or possession of said fran
ehise, shall be deemed and understood to
be- and shall be. the total gross earnings
collected or received. or in any manner
gained or derived by the grantee or his
assigns, from charges or rentals, and from
the leasing or letting Of lines, or conduits
And 1t shall be the duty of said grantee
and his assigns to file with the City Clerk
Of the city of Los Angeles, at the explra-
granting of said franchise, and at the ex-
piration Of each and every year thereafter
statement, verified by the oath of said
grantee or his assigns, or by the oath OF
the manager. or presiding officer of said
grantee or his assigns, showing the total
gross receipts and gross earnings col
ected or Ieceivsdi or r. IN any manner man ell
his assigns. during the preceding twelve
months from charges and rentals, ard
from the leasing or letting of lines or
conduits. And within ten days after the
time for filing the aforesaid statement 1t
shall be the duty of said grantee or his
assigns to pay to the City Treasurer or
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
IL. cd AFNA
any neglect. omission or refusal by said
grantee or his assigns to file said verified
statement, or TO pay the said percentage
of the said gross annual receipts, at the
times or in the manner hereinbefore pro-
vided, shall ipso facto work a forfeiture OF
the franchise hereby granted. and of all
rights hereunder, to the City of Los
Angeles.
That the work of construction 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 intermission or delay.
That said grantee or his assigns shall
not sell. transfer 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
the City Clerk Of the City of Los An
In this franchise contained shall be con-
strued to grant to said grantee or MS
assigns any right to sell, transfer or as
sign said franchise or any of the rights
or privileges thereby granted, except in
the manner aforesaid.
That the City of Los Angeles shall have
the right, at the expiration OF the perlod
wires and conduits, and auxiliary hfe
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 his or its
successors in interest, and laid. construct
ed or maintained under the grant of the
said franchise and the said Ordinance
giving said privilege to erect and main
tain such AUXILIARY fire alarm system,
or used by the said grantee, or his or its
successors in interest, in the exercise of
said franchise, and at a fair valuation;
provided that the option to make said
purchase shall be declared by resolution
of the said Council passed not more
than six months prior to the expiration
of said period of twenty-one years
The valuation of the property proposed
to be purchased pursuant to the pro-
visions of this Ordinance shall be deter
mined by a board Of three arbitrators, of
whom one shall be appointed by the CITY,
one by the said grantee, or his or Its sue
cessors in interest, and the third by the
two arbitrator 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 arbitrator fail to make and file an
award within the time hereinafter limited
new board of three arbitrator shall be
appointed as hereinbefore prescribed, to
determine the valuation of said property.
The board of arbtrators shall imme-
diately upon the appointment of its mem
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-
tors must be made and filed with the
City Clerk of said city within three
months after their appointment. and a
majority of the arbitrators who agree
thereto may make such award.
The amount of the valuation of said
property determined by the arbitrator
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 afore-
said period of twenty-one years, or, II
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 of said
property shall pass to the City of Los An
geles.
That any neglect, failure 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