Los Angeles herald., 1906-03-03
PUBLIC ADVERTISING

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or confer upon them any greater or dlI-
terent rights or privileges than thoss
granted to them by the franchise or fran
chlseS under which said poles have peer
or may be erected and maintained; ana al
llnes or wires constructed or operated
nnder said franchise shall have complete
IRON or copper circuits.
10 Ihat said grantee and his assigns shall
II required by said city, furnish and allow
II. during the term of said franchise, the
right to use, free of charge or expense to
SAID city, the conduits and q certain per-
eentage. of the wires in each. cable. as
hereinafter provided, for municipal pur-
proper and reasonable use of said system
by said grantee and his assigns, and to pe
exercised In the manner following, to VII:
Wherever conduitS are laid for the wires
10 pc installed under said franchlse, the
sald city shall be entitled, subject to the the
limitations aforesaid to use said conduits
Tor Its wires in all cases where separate
wires are installed: and where such con-
QUITS are occupied by cables instead Oh
separate wires. the said city shall be en- en-
titled to the use Of ten per cent of the
wires In each cable, containing more tnan
1ltty pair. and twenty per cent OF the
wires IN each cable containing fifty par paiir
OF less, whenever required by 1t for the
purpose aforesaid.
That the rents or charges for service
taDed 0 oy rdsr te system M sSa or he SUBJ
1ect to regulation by the City of Los
Angeles.
Tha. 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
gross annual receipts of such grantee ana ana
or possession Of said franchise NO per
centage shall be paid for the first nve
years succeeding the date of said fra.l-
shall be payable annually, and said iran
| chase is to be forfeited by failure 10 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 iran
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
And it shall be the duty of said grantee
and his assigns to file with the City Clerk
Of the City of Los Angeles, at the exptrn-
granting of said franchise, and at the eX-
piration of each and every year thereafter
statement. verified by the oath OF salJ
the manager or presiding officer of said
grantee or his assigns. showing the tol9l
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 ard
from the leasing or letting of lines Or
conduits. And within ten days after the
time for filing the aforesaid statement II
shall be the duty of said grantee or his
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 Verihed
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 or Los
Angeles
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
avoidabe intermission or delay.
That said grantee or his assigns shan
not sell, transfer or assign said franchlse;
or any of the rights or privileges granted a ,e,
thereby. except by 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 period
of twenty-one years, to purchase. the said
wires and conduits. and auxiliary fire
alarm system, and all of the properties
fire alarm system. and belonging to the
grantee of said franchise or his 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 the said grantee, or his or its
successors in interest in the exercise of
said franchise, and at fair va luation;
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
to be purchased pursuant to the pro-
visions of this Ordinance shall be ceter.
mined by board of three arbitrators, or
one by the said grantee, or his or its sue
cessors in interest. and the third by. the
two arbitrators so appointed; Said arbitra-
after the declaration by the city of its
option to purchase said property. In case
said arbitrators fail to ma ke and tle an
award within the time hereinafter limited.
a new board Of three arbitrators shall &c &c
determine the valuation Of said property
The board of arbitrators shall tmme-
diately upon the appointment of its mem
bers enter upon the discharge of it's
duties. Any vacancy in, the board of ar
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 arbitrators
as hereinbefore provided shall be paid by
the city to said grantee, or his
or its successors or assigns, in
lawful monev 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 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
his or it's successors and assigns from fur
ther use of the streets of said city under
said franchise, and said grantee and his
or 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