Los Angeles herald., 1906-02-26
PUBLIC AnvsR1lsINa

suaii the franchise granted to said grantee
or MS assigns, In any manner enlarge or
extend the rights or priviieees Of the
persons or corporations owning such poles,
or confer upon them any greater or dit-
granted ~ be or b gryy n sn or fpss
chises under which said poles have been
or may be erected and maintained; and AL
me, INES or wires constructed or operated
under said franchise shall have complete
IRON or copper circuits.
THAT said grantee and his assigns shall
u required by said CITY, furnish and allow
", during the term of said franchise, tho
right 70 use. free OF charge or expense to
SAID city, the conduits and a certain per-
eentage of the wires In each cable, as
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
to be installed under said franchise. the
said city shall be entitled, subject to the
limitations aforesaid, to use said conduits
for its wires in all cases where separate
wires are installed. and where such con-
duits are occupied by cables instead OF
separate wires, the said city shall be en-
titled to the use of ten per cent Of the
wires in each cable, containing moro than
fifty pair, and twenty per cent of the
wires In each cable containing fifty pair
or less. whenever required by It for the
purpose aforesaid.
That the rents or charges for service
IN or by the system established or main
Ject to regulation by the City Of Los
ANGELES.
Thdt 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
or possession of said franchise. No per-
centage shall be paid for the first five
years succeeding the date of said fran
chase, but thereafter such percentage
. M apf "a lNr md cpf1 n
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
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 shalr be the duty of 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-
piration of each and every year thereafter
a 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. or in any manner
gained or derived by the said grantee or
his assigns. during the preceding twelve
months from charges and rentals, and
from the leasing or letting of lines or
conduits. And within ten days after the
time for filing the aforesaid statement It
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 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 more
than four months from the date of, the
granting of said franchise, and shall be
good faith and without unnecessary or
ayoidable 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
thereby. except by a duly executed in.
strument in writing filed in the office. OF
the City Clerk of the City of Los An
geles; and provided further, that nothing
in this franchise contained shall be con-
strued to grant to said grantee or his
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 hre
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 ms or us US
said franchise and at 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 board of three arbitrator, of
whom one rhall be appointed by the city,
one by the said grantee, or his or its sue
cessors in interest and the third by the
two arbitrators so appointed. Said arbtra-
tors shall be appointed within thirty days
after the declaration by the city of it's
option to purchase said property. In case
said arbitrator fail to make and file an
award within the time hereinafter limited.
a new board of three arbitrator shall be
appointed as hereinbefore prescribed to
determine the valuation of said property.
The board of arbitrators shall imme-
diately upon the appOlntrn OIL ltS 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 cward.
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
la wful money of the United States
upon the expiration of the afore-
said period of twenty-one years, or, if
the award of the arbitrator 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 it's City Council may
thereupon declare said franchise forfeit
ed, and may exclude said grantee or
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