Los Angeles herald., 1906-02-25
PUBLIC ADVERTISING

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 intermisslon 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
ees Ciy CLERK or s Sy tSat LOs Sobne
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 OF, 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
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 valuations
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
two arbitrators 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 arbitrators fail to make and file an
award within the time hereinafter limited
a new board Of three arbltrators shall be
appointed as heTeinbeforc prescribed, to
determine the valuation of said property.
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 Of the .,it arbitrSo tSo
City Clerk of said city within three
months after their appointment. and
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 s.,g0r Or his is
lawful money of the United States.
upon the, expiration of the afores;;
said period Of twentyI,4ne years; Or III II
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
null, void and Of no effect.
Notice is also hereby given that sealed
bids, in writing, will be. received for said
noon of the 26th day of March, 1906
that the bids received will be opened at
that time; that all bids must be for the
the United States: and that the fran
chise will be struck off, sold and awarded
to the person, firm or corporation who
shall make the highest cash bid therefor;
ing said bids any responsible person, firm
or corporation, present or represented,
may bid for said franchise a sum not less
than ten per cent above the highest
sealed bid therefor, and that said bid SO
made may be raised not less than ten
per cent by any other responsible bidder
finally said franchise shall be struck off,
sold and awarded by said City Council
to the highest bidder therefor in gold coin
of the United Ltates. Each sealed bid
titled check payable to the City Treasurer
of the City of Los Angeles, for the full
amount of said bid. and no sealed bid
will be considered unless said cash or
check Is enclosed Herewith and the sue
cessful bidder must deposit at least ten
per cent of the amount of his bid with the
struck off to him, and If he shall fail to
make such deposit Immediately his bid
will not be received and will be consid-
cred as void, and said franchise will then
and there be again offered for sale to the
bidder who shall make the highest cash
bid therefor, subject to the same condl-
tlons as to deposit as above mentioned.
Said procedure will be had until said fran
chise is struck off, sold and awarded to
pldder who shall make the necessary
deposit Of at least ten per cent of the
amount of his bid, as herein provided.
said successful bidder shall deposit with
the City Clerk, within twenty-four hours
after the acceptance of his bid. the re-
manning ninety per cent of the amount
then the said deposit heretofore made
Will be forfeited, and the award of said
franchise will be void. and said franchise
will then and there. by said City Council,
be again offered for sale to the highest
bidder therefor in the same manner and
under the same restrictions as hereinbe-
fore provided. and in case said bidder
fails to deposit with the City Clerk the
remaining ninety per cent of his bid
within twenty-four hours after it's ac-
ceptance, the award to him of said fran
chise will be set aside, and the deposit
heretofore made by him will be for
feited, and no further proceedings for
the sale of said franchise will be had
until the same shall be readvertised for
sale.
Notice is also hereby given that the
successful bidder for said franchise must,
within five days after said franchise is
awarded to him or it. file with the City
Council a bond running to said city, in
the penal sum of one thousand dollars,
with at least two good and sufficient
sureties, to be approved by said City
Council. conditioned that said bidder shall
we'll and truly observe, fulfill and per-
form each and every term and condition
of said franchise, and that in case of any
breach of condition of said bond the
whole amount of the penal sum therein
named shall be taken and deemed to be
liquidated damages, and shall he recover
able from the principal and sureties upon
said bond. If said bond be not so filed,
the award of said franchise will be set
aside. and any money paid therefor will
be forfeited,
II. j. LELANDE,
2-23-2S 3-l-4 lot City Clerk.