Los Angeles herald., 1906-03-02
PUBLIC ADVERTISING

shall the franchise granted to said grantee
on his assigns, in any manner enlarge Or
sxlend the rights or privileges OF the
persons or corporations owning sucn poIi1iss,
~ conler upon them any greater OF uit
Ierent rights or privileges than tnose
granted to them by the franchise or fran-
oT onises Sc under which said poles have 9een eii
or o., may be erected and maintained; and az
iinss or wires constructed or operateo
under said franchise shall have complete
iron or copper circuits.
T.. nat SAID grantee and his assigns snall,
y required by said city, furnish and allow
~. IT during the term of said franchise, the
rig{at rlg{h 70 use, free Of charge or expense 10
Sentage of the wires in each cable, as
hereinafter provided. for municipal pur-
poses, such use to be consistent. with the
proper ana reasonable use of said system
py said grantee and his assigns, and to pc
exercised In the manner following, to VII:
Wherever conduits are laid for the wires
10 pc installed under said franchise, tne
SAID city shall be entitled subject to the
limitations aforesaid. to use said conduits
tor Its wires in, all cases where separate
duits are occupied by cables instead OF
separate wires, the said city shall be en-
titled titled to the use Of ten per cent Of the
1lity pair. and twenty per cent OF the
wires in each cable containing fifty pair
or less, whenever required by 1t for the
That the rents or charges for service
in or by the system established or n1ain-
tanned under said franchise shall be sub
Ject to regulation by the City of Los
Angeles.
Thl- 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
MS assigns, arising from the use. opera ttou
or possession of said franchise. No per-
centage shall be paid for the first five
years succeeding the date of said frar-
chase, put thereafter such percentage
chase is to be forfeited by failure "a make
| the payments provided for The amount
OF the gross annual receipts of the sa'u
grantee and his assigns arising from e ~. lne
use, operation or possession of said fran
chise, shall be deemed and understood to
be-, and shall be, the total gross earnings
Or or eSed 6x or fbe IN S or his
| assigns, from charges or rentals, and from
| the leasing or letting of lines, or conduits.
And It. shall be the duty Of 81 SAID graanIteee aItre
| 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,
piration of each and eyery'.y thereafter
a statement, verified by the oath OF said
grantee or his assigns, or by. the oath OF
the manager. or presiding officer OF sald
gross, receipts and gross earnings col
| lected or received. or in any manner
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 tne
shall shall be, be the ''e duty Of gaid grantee or his
assigns to nay 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. ana
any neglect. omission or refusal, by SAG id
! grantee or his assigns to file said Verlhed
| 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, ana OF al
rights Hereunder, to the City OF LoS
That the work of construction shall be
commenced in good faith within not more
| han four months from the date OF me
| 'rantirg OF sald franchise, and shall pc
continuously prosecuted thereafter III
! ,cod fa'th and without unnecessary oil
iyoda Bile ,intermission or delay. ..,,
That said grantee or his assigns Sndt'
| not sell. transfer or assign said franchise;
or any of the rights or privileges graaniieu ie,
thereby, except. by a duly executed ted0 IN
the City Clerk of the City of Los. An
geles; and provided further. that notning
in this franchise contained shan be con
| assigns any right to- sell, transfer or as
sign said franchise or any of the rights
or privileges thereby granted except In
4! That the city of Los Angeles shall have
the right, at the expiration of the, period
of twenty,one years, to purchase the sare ta
alafm MasS sSs system GE and ali Of the properties
used in connection with such auXlllaiLv
fire alarm system, and belonging TO tne
grantee of said franchise or his or Is
successors in interest and laid. construct
ed or maintained under the grant OF tle
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 us
successors in interest, in the eXerelse o!
provided that the option to make salu
purchase shall be declared by resolution
of the said Council passed not more
Of said period of twenty-one years.
The valuation of the property proposed
to be purchased pursuant to Tn tae pro pro
mined by board of three arbitrators; OF
whom one hall be appointed by the CITY
one by. the said grantee, or his or It's sue
two arbitrators so appointed. Said arbltra-
tors shall be appointed within thirty days
after the declaration by the city or lts
| said arbitrators fail to make and file. an
| award within the time hereinafter limited,
a new board of three arbitrators shall ae @
determine the valuation of said property.
The board of arbitrators shall tmme-
diately upon the appointment OF its mem a.
! berS enter upon Ille ulSCll1I sc VI 'tS
duties Any vacancy in the board OF ar
| bitrators shall be filled by the party VINO
made the original appointment to the
| tors must be made and fled 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 t;ward.
| The amount of the valuation OF SAID
property determined by the arhitrators
as hereinbefore provided shall be paid by
the city to- said grantee, ss,sor or his is
lawful monev of the United states
upon the expiration Of the afore::
| said period of twenty-one years. or, II
| the award Of the arbltrators shall not
have been made and filed at least two
months before the expiration of said
period of twenty-one years, then within
two t IN months after the. filing, of said award
| Jpon 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 its successors and assigns from fur
of nft