Los Angeles herald., 1906-02-23
PUBLIC AnvEa1lslNa

snali the franchise granted TO said prautee
o1, os jus ans assslghs' IN any manner enlarge or
persons or corpora tions owning such poles.
or cOntef upon them any greater or diff
Frsnted gyu. drishts f6 tSo or privileges than those
chises under which said poles have been
o. may be erected and maintained; and ali
,,nSSs ,,,tSs Vl wires CONSTRUCTED or opera ted
in iuduer salu franchise shall have complete
IRON or copper circuits
10 mat inat SAID Grantee and his assigns shall,
rdSHTIrea d,HTIrea by said city, furnish and allow
Ilgnnt 70 use, free of charge or expense TO
sald city, the condults and n certain per-
gSen.nJge ,,os. OIL the wires in each cable, as
poses, such use to be consistent with the
proper and reasonable use Of said system
oy SAD grantee and his assigns, and to be
| eNeITclsed IN the manner following. to wit.
Wherever conduits are laid for the wires
| 10 pc installed under said franchise, the
say, ssald CITY shall be entitled, subject to the
~. s.llnlttauons aforesaid, to Use said conduits
| for Its wires in all eases where separate
wires are Installed: and where such con
QUITS are occupied by cables instead OF
| titled TO the use of ten per cont OF the
| wires In each cable, containing more than
lily pair, and twenty per cent of the
wires IN each cable containing fifty pair
or Tess whenever required by 1t for the
purpose aforesaid.
That the rents or charges for service
n u or py the system established or maiu-
talned under said franchise shall be sub
Angeles.
That said grantee and his assigns shall,
curing the life OF said franchise. pay to
the city OF Los Angeles, in lawful money
oI the United States, two per cent of the
sross annual receipts of such grantee and
MS assigns, arising from the USE operat ton
| OF possession of said franchise. No per-
centage shall be paid for the first live
years succeeding the date of said fran
cnaSe, put thereafter such percentage
shall be payable annually, and said fran
chase Is to be forfeited by failure to make
me payments provided for The amount
o. the gross annual receipts of the said
grantee and his assigns arising from the
use, opera ton or possession of said fran
chise, shall be deemed and understood to
PEI and snail 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 It shall be the. duty of said grantee
and his assigns to file with the City Clerk
or the City of Los Angeles at the expira-
ton OF six years from the date of the
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
lected or received, OF, in any manner
his assigns. during the preceding twelve
months, from charges and rentals, and
from the leasing or letting of lines or
eonduts. t!ol1d M And within ten days after the
shall be the duty of said grantee or his
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 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 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 faiths within not more
than four months from the date of the
Continuously prosecuted thereafter in
good faith and without unnecessary or
ayodable intermission or delay.
That said grantee OF. his assigns shall
not sell. transfer or assign said franchise,
or any of the rights or privileges granted
thereby, except by duly executed in
tT IN Trtfg df tba ed dtn IN the df 1fee
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
or privileges thereby granted, except in
the manner aforesaid.
That the City of Los Angeles shall have
the right, at 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 his or its
successors in interest, and laid. construct
ed or maintained under the grant of the
said franchise and the said Ordinance
lgiving 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
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
visions of this Ordinance shall be deter
mined by a board of three arbitrators, of
whom one shall be appointed by the city,
by the SAID the third Gr h bY te %o
arbitratorS so appointed. Said arbitrators
shall be appointed within thirty, days
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 arbltrators shall be
appointed as hereinbefore prescribed, to
determine the valuation of said property.
The board of arbitrators shall imme
dlately upon the appointment or 1tS 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, arbtratorS 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 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 arbtrators 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
thereupon declare said franchise forfeit
ed, and may exclude said grantee or
his or its successors and assigns from fur
ther use of the streets Of said city under
said franchise, and said grantee and his
or it's SUCCESSORS AND assigns shall there
upon and immediately surrender all