Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1906-02-28
PUBLIC ADVERTISING


shall the franchise granted to said grantee
or ms assigns, in any manner enlarge or
extend the rights or privileges of the
persons or corporations owning such poles,
on CONFER upon them any greater or on.
Ierent rights or privileges than those
granted to them by the franchise or fran
cnises under which said poles have been
i,nd may DC erected and maintained; and t az
INES or wires constructed or operated
under said franchise shall have complete
iron or copper circuits.
THAT said grantee and his assigns shall,
Il required by said city, furnish and allow
it, during the term Of said franchise, the
lfnt 70 use, free Of charge or expense 10
sald city, the conduits and certain per-
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 I'm the manner following, to wit:
Wherever conduits are laid for the wires
70 be installed under said franchise, the
SAID city shall be entitled, subject to the
limitations aforesaid, to use said conduits
1Or It's wires In all cases where separate
wires are installed: and where such con.
separate wires ptSe sad city, shall be en-
tltled to the use Of ten per cent of the
wires I'm each cable containing more than
Nrss pair co and Twenty per cent f,t OF p the
or less, whenever required by it for the
purpose aforesaid.
That the rents or charges for service
tained under said franchise shall be sub
1ect TO regulation by the City Of Los
That said grantee and his assigns shall,
curing the. life Of said franchise. pay to
the City OF Los Angeles, In lawful money
OF the United States, two per cent of the
his assigns, arising from the use, operation
or possession of said franchise. No per-
eentage shall be paid for the first iye
years succeeding the date of said fran
chase, but thereafter such percentage
shall be payable annually, and said fran
chase is to be forfeited by failure to make
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
chise, 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 or said grantee
and his assigns to file with the City Clerk
Of the City of Los Angeles, at the expira-
ton of six years from the date of the
granting of said franchise, and at the ex-
pira ton 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
gained or derived by the said grantee or
his assigns. during the preceding twelve
months from charges and rentals, and
the Leasing ST e s6 Of ater t Ge
time for filing til aforesaid statement 1t
shall be the duty Of said grantee or his rs
assigns to pay to the City Treasurer OF OF
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 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-
yided, 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 IT, more ore
granting OF said franchise, and shall pc
continuously prosecuted thereafter IN
seod 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
strument in writing filed in the office OF
the City Clerk of the City of LOT. An
geles; and provided further, that nothing
In this franchise contained shall be CON
strued to grant to said grantee or his
assigns any right to SELL transfer or as
sign said franchise or any OF the rights
That the City Of Los Angeles shall have
the right, at the expiration of the perio91
wires and conduits, and auxiliary fire
alarm system, and all of the properties
used in connection with such AUXILIARY
fire alarm system ana bis % or its its
successors in interest, and laid, construct
ed or maintained under the grant of the
said franchise and the said ORDINANCE
sold rixriln n
tain such auxuliary fire. alarm system
or used by the said grantee, or his or Its
successors in interest. in the exercise OF
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
mined by board Of three arbitrators, OF
whom one rhall be appointed by the city,
one by the said grantee, or his or Its sue
cessors in interest, ana the third by the
two arbitrators so appointed. Said arbitra-
tors shall be appointed within thirty days
after the declaration by the city, of its
option to purchase sa sad Sna n e ea an
award within the time hereinafter limited,
a new board Of three arbitrator shall be
appointed as hereinbefore prsesscrioea, t 10
The board of arbitrators 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 filed 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
or its successors or assigns, In
lawful money of the United States
upon the. expiration of the afore:
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
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 q forfeiture thereof, and
the said city, by its City Council, may
n