Imperial Valley press., 1928-10-20
PAGE THREE

by reason Of any excavation being
improperly guarded during said
work shall be borne by the grantee.
Section 9. That prompt and com
plete compliance with each and every
one of the conditions hereof, inn
posed upon the grantee to be per-
formed and complied with, is here
by declared to be the essence Of this
franchise, and, for failure to OBJ
serve, comply with and perform, in
the manner and at the times, herein
specified, each and all Of the con-
ditions and obligations herein i'm,
posed upon the grantee, this fran
chise shall be Immediately, without
further action or notice on the part
Of the grantor, become null and viod
and all rights of the grantee there
under shall thereby be forfeited.
Section 10. That the said grantee
shall, during the life of this fran
chisc, pay to the city of FL Centre,
in lawful money of the United
States, two per cent (2%) of the
gross annual receipts of such
grantee arising from the use, ope-
ration or possession of this fran
chisc. No percentage shall be paid
for the first five years succeeding
the date of this franchise, but there
after such percentage shall be paid
annually.
And it shall be the duty of the
grantee of this franchise to file
- Dad re
Trustees at the expiration of six
years from the date of the granting
of this franchise, and at the expira-
tiOn of each and every year there
after, statement verified by the
oath of said grantees, or by the oath
of the manager or presiding Off
Ger of said grantee, showing in de-
tail the gross receipts and the gross
earnings collected or received by
said grantee during the preceding
twelve months from the furnishing
and distribution Of gas through any
part of the system for the construc-
ton and operation of which this
ten days after time for filing the
aforesaid statement, it shall be the
duty of said grantee to pay to tho
city treasurer of the City of El Gen.
trO the aggregate sum of the said
percentage upon the amount of the
gross annual receipts arising from
the use, operation or possession of
this franchise; if the amount paid
is incorrect in the judgment of the
said Board of Trustees they may or
der the payment of such addition
al sum as they may find due ther>>
under, and if not paid, the same be
collected by suit. And any neglect
or omission or refusal by said
grantee to file said verified state
ment, or to pay the said percent
age of said gross annual receipts
at the time or in the manner herein.
before provided, shall ipso facto
work the forfeiture of this fran
| chise, and of all rights Hereunder,
to the city of FL Centre.
Section H. The grant of this
franchise is effective only upon the
further condition that the grantee
have now and shall at all times
during the time left of this f'ai-
chise, keep on file with the said
city of Ell Centre, bond running
to said city in the penal sum of
$2,500.C0 with at least Two good
and sufficient sureties, to be ap.
proved by said Board of Trusteen
Of the City of Ell Centre, or by .
Surety Company bond qualified i'll
manner provided by law, condition
ed that said grantee shall well and
truly observe, fulfill and perform
each and every term and condition
of this franchise, and that in the
ease of any breach of condition of
said bond, the whole amount of the
penal sum therein named shall be
taken and deemed liquidated dam
ages, and shall be recoverable from
the principal and sureties upon sad
bond. If said bond be not so filed
and kept on file, this franchise shall
be void and of no effect, and any
money paid therefore or Hereunder
will be forfeited. In the event that
said bond shall at any time during
the life of this franchise become
insufficient the grantee of this
franchise, by accepting the terms
and conditions hereof, agrees to re-
new said bond with good and suffi-
cient sureties within ten days no'-
ice from said Board of Trustees to
do so.
Section 10. This ordinance shall
faEn nffNot +h;r+1r a
date of its adoption, and prior TO
the expiration of fifteen days from
the passage thereof, shall be pub
lished at least once in the Imperial
Valley Press, newspaper printed
and published in the City of FL Cen
tro, County of Imperial, State of
California, together with the names
of the members of the Board of
Trustees voting for and against the
same.
WILLIAM ]. CLEMENTS,
Chairman of the Board CT Trustees
of the City of FL Centric, Coun-
ty of Imperial, State of Califor-
mia.
j. c. NEALE,
City Clerk of the city or FL tentroj
County of Imperial, State of Cali
fornia.
7, j. C. Neale, City Clerk of the
CITY of FL Centre, County of Inn
perial, State of California, do here
by certify that at a regular meeting
of the Board of Trustees of the said
City of FL Centre, which was held