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HomeMy WebLinkAboutOrd 85-1915 OO~.~'~'Y't THE RIGHT TO CONSTRU~, EAINTAIN ~' SINGLE OR ~~ T~aE, ST~D~ GUA~E ~RO~ IN T~ CITY ~ ~N-0UTS, O~R A~ ~ZONG T~ ~0L~OWING S~TS: CODD~NCING ON GE~D A~NI~ AT T~ F~STERI~Y ~I~ OF A~N~ ~D C OI~TINUING TEreNCE AI~0NG GR~D A~M~ ~STER~Y TO T~ NORTheASTERlY ZI~ O~.~.~IISSION ROAD. ~~S,all matters, acts, and things precedent to the ' ~ting of the franchise hereinafter set forth have heretofore hmppened, been done and performed in due form of lmw, The Board of Trustees of the City of South S~ Fr~cisco do ordain ~s follows': Section 1. That there is hereby granted to the South San ~ranoisco Railroad and Power Company, a corporation organized and existing trader the laws of the State o~ C~lifornia, subject to all the terms and conditions hereinafter made and expressed, the right, privilege ~d franchise of conducting, maintaining ~d operating for a period of PIETY (50) ~AP.S from ~d after the date on which this ordinance sh~ll be,:~ome effective, a single or dottble track railroad of standard guage, except as herein stated, together with the nec- essary curves, poles, wires, appliances and appurtenances, and the right, :,rivilege and per~uission to pass with, operate and rrm cars thereon for the carriage and transportation of p~ssengers for hire, propelled and oper~te0_ by electricity, gasoline, or any other lawful motive power except ste~, horses or tm~les, with all overhead and ~dergro~d wires, and other electrical and mechanical ap~j)liances, 1 except what is generally known and called 'the WThird Rail switches, side-tracks, spur tracks, and equipment for the same, and the ~i~ht, privilege and permission to excavate and remeve~ sach portions of the streets, alleys, and other places in said CITY 0F SOUTH SAN FRANCISCO to be occupied by any of its tracks and poles, as may be necessary properly to construct said r&il- read, and to erect all needful apparatas and other appliances properly and fully to equip, operate and r~n its said railroad over, along and upon the follo~;~ing street in said City of So~th San Francisco, Cot~nty of S~n [.~ateo, State of CalifornSa, as ollo to-wit: Commencing on ~rand Avenue at the easterly line of Chestnut Avenue and contin~ing thence s. long Grand Avenue westerly to the northeasterly line of Eission .Road. SECTION 2. The foregoing franchise, grants, privileges and permissions are made~upo~ the f. ollowing conditions, t~ be strict- ly complied with by said grantee, its successors an~ ~ssigns, to-wit: The track shall be laid to conform to the established grade wherever .~rades have been e~tablished, and in other cases on the natural grade of the street. In the construction of sw. itches and sidetrac~s, or a double track, the trac~s m~st have space be- tween them S,~fficient to allow the cars to pass each other at a dis- tance of not less than two (2) feet. The ~rac?~s ~..uust not be more than five (5) feet wide between the rails. Said railroad shall be con- str:~cted as nearly as possible in the middle of said street or highway, but with the right to convert any single track railroad constr~cted hereunder into a double trac~ railroad of like charact- er, whenever, in the opinion of said grantee, its successors or assigns, public convenience shs~ll require such change; ~':rovided, however, that when. such change from single track to ~ouble is mm~e the tracks must conform to the lines of the street or amd be placed at an equal distance from the center ,line thereof. SECTION 3. Said City of South San ~ranci. seo reserves t~he ~tght to~lter or change the grade of said street to pave and repays and otherwise improve the street without having to pay the cost of read- J~sting the railway tracks te the requirements of the new improvements. Said city also reserves the right te construct sewers, lay water or gas mains, and establish, remove or readjust any other fixtures of,~ a public nature in, under or over said Street without being liable to the company for any necessary'interruption in street railway traffic. SECTION $.. ~Said grantee, its successors and assigns, shall at its own expense pave or repave, macadamize or remacadamize, grade or regrade the entire length of the said street used by it.s tracks, between the rails thereof, and between the tracks where sidings or two trac~s are l~id, for a width extending for two ~) feet on each side of each track, with the sauce naterial as ~na? be ~sed for such purposes by the City of So~th San ~rancisco, except,however, that within each track and for a distance of at least six (6) inches on each side of each track basalt blocks or molded brick may be ~sed, and under the sa~e supervision and specifications ~n~ in the same manner as upon the avenue or street over which said railroad r~ns, or the tracks thereof are !aid, and shall keep the same constantly in good repair and flush with. the surface of said street; provided however, that d~ring the five ~ears ne~t follo~ing the date of the passage of this ordinance, and no longer, said grantee, its~success- ors and assigns, may use what is co~umonly known as water-bound macad- a~u, having a thickness of at least seven inches, in constructing its pavement between the rails only. At the expiration of said period of five years said grantee, its successors and assigns shall pave the area between the rails with the same material with which the othem portions of said street are paved and under the same specifications. In the event that said grant, ee..its successors or assi~gas~ ~11 exercise the right and privilege herein granted to construct a ~ouble track railroad after any paving or repaying, macadamizing or ~emacadamizing, has been done along and upon said street..b2 or under the direction and supervision of the Board of Trusteea~ef the Oity of South San Francisco, said grantee, its successors or assigns shall mak~ reio~ursement in the manner following, to-wit: If the cost of said improvement has been assessed upon the lands abutting on each side of said street, reimbursement shall be made to the owners of said lands. One-half of the whole amount of such reimbarsement shall be distributed among the owners of said lands, abl~tting on either aide of said avenue or street, accord- lng to the front-foot method. ~n the event that said work of improvement shall have been paid for o~t of the t~easury of the City of South San Francisco, such reimbursement shall be made to said city. Such reimbursement shall be made for the entire length of i said paving or repaying, macadamiming or remacada~izing, between the rails of said additional or second track and for a width extend- ing for two ~£) feet on each side of said track and for any~'ad~t~i~nal- distan'ce between the tracks then on said avenue or street. SECTION §. The rate of fare for any distance along s~aid railroad within the corporate limits of said City of So~th San Francisco, or between anyp~oint on ~aid railroad as now operated ~nd Holy Cross ,Jemetery, s~ll be five ~8) cents for one passenger. SECTION 8. The overhead wires used as electric oond~otors shall be h~ug from cross wires, properly insulated, and shall not be less than eighteen ~18) feet, ~eas~red vertically, fro~ the surface of the street, and shall be s~ported by double lineS~.~o'f poles, one on each side of the street. SECTION ?. UM~enever the grantee of this ordinance, its s~ccessors or assigns, shall cut into or displace any of the 4 streets or other places in the City of S'o~th San ~rancisco ]~-~*,~, before named, for the purpose of constraCting its said railroad, er for the parpose of making any repairs, thereto or to the equipment thereof, it shall restore all such streets or other places to their former condition. SECTION 8. Improved construction shall be used for the equipment of said road, and all cars to be used shall be of im- proved pattern and construction for the comfort and convenience of passengers, and shall be kept in good repair, and provided Wt~h sufficient brakes for stopping the same, as well as with proper lights and signal devices. Every single car, or, in case of a train. every motor used on said railroad, shall be fitted with suitable fen~ers or appliances placed in front of such car or motor, for the purpose of removing and. clearinc obstructions from the track preventing any obstacles obstructions or person on the track from i'getting un~er the car or motor, and for removing the same o~t of danger or out of the way of such car or motor. SECTION 9. This franchise shall be deemed to contain all the conditions now required by law, in addition to those enum- erated herein. SECTION 10, The grantee of this franchise, its successors, or assigns, shall begin to eonstr~ct the portion of its railroad provided for in this franchise upon the street herein named, when- ever the Board of Trustees of the City of South San Francisco shall determine to order the laying and construction of any pavement upon said street. S~ch work of construction shall be there- after faithfully prosec~ted and actively p~rsued and carried forward to completion within such period of time as~may be reasonably limited for the completion of the work of paving herein contemplated. If the said grantee, its s~ccessors or assigns, sh~ll fail to comply with the provisions of this section, unless an extension of ti~e is granted by said Board of Trustees, this franchise shall imma~ia~et2 cease and determine. SEOTION 11. The grantee of this franchise shall, upon the ~e~ermination of the fact that it is the successful bidder, file a bond running to the Oity of South San ~rancisoo, with at least two (2) good and sufficient, sureties ~e be approved by said Board of Trustees, in the penal sum of ONE THOUSAND (1,000) DOLLARS, con- ditioned that said grantee, its successors and assigns, shall well and truly observe, fulfill and perform each and every condition of said franchise, and that in case of any breach of Condition of such b~nd, ~en the whole of the penal sum therein named ahall be taken and be deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond; said bond shall be filed with the Board of Trustees within five days after this fran- chise is awarded, and b~fore the ~tnal passage of this ordinance~ SECTI0~ 12. At any time after the twenty-five years next succeeding the date of the passage of this ordinance said city shall have the right and privilege, at its option, to purchase the plant and equipment of said grantee, its s~ccessors or assigns, by paying therefor its w~lue, which value shall be the capital invest- ment of said grantee, its successors and assigns. "Capital invest- ment" , as that ter~ is used in this ordinance, shall be and mcan the fair and reasonable value of the plant including~ good will, as a~ going concern, having regard to its condition e~ ~'repair and its a- ~aptibility and capacity for the business of transportation of pass- engers. In the determinhtion of such value no regard shall be had to the capitalization of the grantee company as represented by the company's outstanding stocks and bonds, but such value shall incl~de interest during construction and any difference in net earnings dur- ing the first f~ve (~) years of operation between'8~.~'~ on~ the capital actually invested and the amo~ut actually earned. All land and fix- tures shall be valued at the cost of reprod~ction less any depreeia- ~,i~ for wear and obsolescence at the ~tm~ the .city shall take over ~he said property. The method of procedt~re in determining sue~h uation shall be that set forth in paragraphs "b" - "c"- "d" and "e" ~f Section 1.~ hereof. If said city shall elect to make the herein provided for, it shall do so by ordinanoe adopted by the Board of ~rt~stees within thirty (JO) days after the price has been ~e%ermine~ by the Board of Appraisers provided for in Section and siren as aforesaid. Sai~ city shall have three months ~fter the passage of the ordinance in ~hich ~said election to p~rchase shall be made, in which to pay the price so ascertained. If the city shall elect to purchase,said grantee, its successors or assigns, shall retain possession of said property and equipment and maintain the same in ~good condition, and operate the same as herein specified, fand be entitled to receive the profits arising therefro~n, ~ntil the purchase price ascertained as aforesaid shall have been paid. On the pa~rment of the purchass price said grantee, its s~ccessors or assigns, shall transfer to said city any and every ifranchise, right and pri~ilege '~ertaining to said street railway, itc be operated ~mder this franchise, which said grantee, its success- ~ors or assigns, raay have or clain]. SECTION 1S.(a) If at the e~.iration of this franchise said ~,City of So~th ~an Francisco shall be ~n~willing to grant a re- Inewal of this fran~,hise, or another franchise, to said grantee, its / ~s~ccessors and assigns, upon the terms mutually agreeable to the city ,~and grantee, said city hereby agrees to p~r~hase the tracks, cars, ~motors~, poles, wires and all other raechanical appliances, eq~ipment ~and appurtenances, by paying therefor the act~al market valise. ~--"~f~Actual mar]~et value shall be taken to ~aean the cost of reprod~ction !iless ~ny depreciation d~e to wear s.nd~,~ obsolescence. All land and i~Ifi~tures on any such land shall be valeted at the cost of reproduction 'less any depreciation for wear and obsolescence. In deter~]ining any ~alue, as herein provided~ forFno value shall'~be plmce~ on will; and in the de~ermina%ion of such valise no regard ~:~be~a to the company's capitalization as represented by the comp.an.y's stocks and bonds, (b) Said Board of Trustees of the City of South San Francisco shall, by resolution, direct written notice to be given to said grantee, its successors or assigns, of the intention of Said city to p~=chase, at least six months prior to the date of the ex~iration Of this franchise, The valuation herein provided for shall be determined ~n the following manner: ~ithin twenty (20) days after the service of such notice, ~ Board of Trustees shall select two (2) appraisers, and said grantee, successors or assigns, shall select two ~2) appraisers. its The £our appraisers so selected shall, within twenty (20) days after ~ their ap~ointment, select a fifth appraiser. The appraisers so chosen shall forthwi'th proceed to determine and appra£se such value, as of the date of the expiration of this franchise. The decision of a majority of said appraisers shall be final and conclusive, and shall be, as soon as made, given in writing to said city and to said grautee, its s,~ccessors and assi~ns, who shall bear eq~ally the ex- pense of the appraisal proceeding. The appraiser~ shall be permitted personally, or by any person or persons designated by them, to in- spect the plant and all records, books of acco~nt, vouchers, bills, contracts and doc~ents of said grantee, its s~ccessors or assigns, for the purpose of ~.~ll r inforning themselves of s~ch value. (c) Any vacancy or vacancies occurring at ~ny time in said Board of Appraisers, by death, resi~nation, disqualification or . inability to act, ~ay be filled within fifteen ~1~) days by the party or body ~king such original a~?oint~ent. ~d) If said city shall elect to · ~ ~na~.~e the purchase herein provided for, it shall do so b~ ordin~nce adopted by the ~oard of Trustees within thirty (S0) days ~fter the price has been determined 8 by said Board of A]~l~r~mieers and given a~'~$~esai~; e&id city.~Sh~i .'-. h&~e three months after the passes of the ordinance Wherein election to.,purchase shall be made, in which to pay the price se e~tained, ~ald grantee, its successors mud assigns, shall r~etain peesession of said property and equipment, and maintain the same in good condition, and operate the same as herein specified, and be entitled to receive the profits arising therefrom, ~ntil the pur- chmse price~ ascertained as aforesaid shall have been paid. (e) On the payment of such p~rchase price said grantee, its s~ccessors or assigns, shall transfer to the said city an~ and every franchise, right and pr'ivilege pertaining to said street rail- way to be operated ~n~er this franchise which said grantee, its s~c- cessors or assigns, m~y have or claim. SECTION l~, The said grantee, its st~ccessors and assigns, shall, during the tern for w~ich this franchise is granted, PmY to said City of Bouth San Pranciscb two ~) per cent of the gross annual receipts arising from the use, operation or possession of the right, privilege or franchise granted in Section lo of this ordinance; provided, however, that no percentage shall be paid for the first five (5) years s~.~cceeain~ the date of said french!se but thereafter such percentage shall be paid ann~ally on the first day of SECTION 15. In the event that any other street railway line shall be b~ilt throu~h the City of So~th San Francisco during the e~n~inu~n~eof the franchise herein granted, ~aid grantee, its sm~cessors and assigns, shall enter into mmh agree~e~t or agree- ments with the grantee ~f any franchise for st~ch other line foT~the exchange of transfers as shzll be fair and eq~itable, having regard to c ~ditions which sh~ll exist at s~oh ti~e. SECTION 16. A book of tto~,ets for the transportation of pupils under the age of sixteen years in going to and from blic s~hools shall be sold for fifty (50) cents, each book to con- ~n twenty (20) tickets an~ shall be received .by sa'ia its street railroad, between the hours of 8 a.m. and 5 p.m. during the days in which said public schools are in session. SECT:ION 17. Said grantee is require~ to file in the office of the 0ity Clerk of sai~ City of So~th S~ Francisco ance in w~.~ off the provisions of this or,in,ce, under its corporate s~. within ~hirty {Z0) ~ays after the final passage ~ approval off this ordinance, ~d the nrovisions off this or,in,ce shall be taken ~d ~eeraed ~o be a contract between said 0ity of South San Francisco, ~d said ~rantee, from an~ affter the ~a2e on which it shall take SECTION 18. ~his ordinance shall be ~ublished once in "T~ ENtErPRISE", a weekly newscaster ~ublished an~ oircalate~ in said City of So~th San Pr~cisco, and shall take effect and be in force thirty ~ZO) days. after the date of it~ ~.~e~e,~.~o~ provided the acoe?tance ~uentioned in Section 17 hereof shall hay ~een filed with said City Clerk, otherwise s~id ordinance shall be null, void ~d of no effect. Introduced this ay o , 1915. Passed and adopted as an ordinance ~f the City of South Francisco at a reg.!ar ~noeting of the Boar,~ of Trustees of the City of Soath S~ ~rancisao this day of _ ~~1915, Noes, Trustees Absent, Trustees Presieent of t~ Board 0~' ~rustees of the City of South S~ ~r~cisoo. Attest: