Los Angeles herald., 1906-02-24
PUBLIC ADVERTISING


o.. on MS ms assigns in any manner enlarge or
extend the rights or privileges of the
persons or corpora tions owning such poles,
Ss garo,et Cohter upon them any greater or diff
IsIent rights or privileges than those
granted TO them by the franchise or fran
unlses under which said poles have been
II, i,res may De erected and maintained; and all
iIt5s iinSs or wires constructed or operated
under said franchise shall have complete
iron or copper circuits
p, mat mat, said grantee and his assigns shall,
~ fSqulred by said city, furnish and allow
~, curing the term Of said franchise, the
NJ 70 use, free Of charge or expense to
sald city, the conduits and a certain per-
hereinafter provided, for municipal pur-
poses, such use to be consistent with the
proper and reasonable use of said system
py sald grantee and his assigns, and to be
exercised in the manner following, to wit:
. w Wherever .condults are laid for the wires
70 pc installed under said franchise, the
SAID city shall be entitled, subject to the
limitations aforesaid, to Use said conduits
for its wires I'm all cases where separate
wires are installed; and where such con-
aiIts are occupied by cables instead Of
separate wires. the said city shall be en-
tltled to the use of ten per cent OF the
wires In each cable, containing more than
Iiity pair, and twenty per. cent of the
wires In each cable containing fifty pair
on less, whenever required by It for the
purpose aforesaid.
That the rents or charges for service
In or by the system established or main
talned under said franchise shall be sub
jeet to regulation by the City Of Los
That 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
shall be payable annually, and said fran
chase is to be forfeited by failure to make
the payments provided for. The amount
or 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
collected or received, or in any manner
gained or derived by the grantee or his
assigns, from charges or rentals. and from
And 1t shall 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 a tho ex-
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 coll
lected or received. OF. 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
t conduts. its o1,l And within ten days after the ,a
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
1 tne Taa in
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 or the
granting Of said franchise, and shall be
good faith and without unnecessary or
avoidable 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
geies; 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 az Ter or pSi as
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
ed or maintained under the grant of the
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 valuation;
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
visions of this Ordinance shall be deter
mined by board of three arbitrators, of
whom one shall 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 arbitra-
tors shall be appointed within thirty days
option to purchase said property. In case
said arbtrators fail to make and file an
award within the time hereinafter limited,
a new board Of three arbitrators shall be
determine the valuation of said property.
The board of arbitrators shall imme-
diately upon the appointment Oh ltS mem
bers enter upon the discharge or 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
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
Or or its IS successors or assigns, in
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 it's City Council, may
| 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 its successors and assigns shall there
| upon and Immediately surrender all
| rights in and to the same, and said fran