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HomeMy WebLinkAboutOrd 66-1913 CENTRAL RECORDS ~ PO~R CO~Y, ITS 3UC~SSORB ~ ~8IGNB, T~ RIGHT TO CON- 8TRUOT, ~INTAIN ~ OPER~ A BING~ OR ~~ T~CK, GAUGE ~ILRO~ IN ~ OI~ OP SOUTH 8~ P~OISCO, GOUTY OF ~0, 3TA~ OP O~IPORNIA, TOGET~R ~ T~ NEOESS~Y ~E ~O~OWING 3T~ET~: CO~NOINO ON W~R A~ AT T~ GA~B OP T~ SOUTH P~I8OO BTOGK Y~D3 ~ OONTI~ING ~NOE ON W~R A~ LY TO T~ BEGINNING OP ~IFT A~; ~NOE ~3~Y ~ONG A~ TO T~ BEGINNING O~ GR~ A~; T~N~ ~3~Y ~ONG A~I~ TO T~ ~ST LI~ OP O~3~T A~. ~A8, all matters, mots, ~d things precedent to the grating of the franchise hereinafter set forth have heretofore ~ppened, been done .and perfomed in ~ue rom of law~ ~e Board of T~t%ee o~the CITY OF SOUTH S~I P~CISO0 do ordain as follows: ~0TION 1. That there is hereby grated to the 30U~ 3~ FR~CISO0 RAIL~0~ ~ PO~R OO~, a corporation org~izet an~ existing ~er the laws of the State of O~ifornia, its suc- cessors and assi~s, subject to all the te~s and oon~itions here- inafter ma~e an~ e~resse~, the right, ~rivile~e and franchise of conauc/in~, main/ainin~ aha o~erattng for a period of PIFTY (50~ ~S from and after the ~ate on which this ordinance shall become effective, a single or double /rac~ railroad of standara ~auge, except as herein state~, /o~e/her with the necessary curves, wires, appli~ces and appurte,n~ces,~. ~d the ri~t, privilege pe~ission to pass with, OPerate ~d ~ cars thereon for t h · aarria~ ~d tr~sporta~ion of passer.rs for hire, propelled operate~ by electricity, gasoline, or. ~y other lawful motive power except ste~, horses or mules; with all overhea~ ~d ~er- ~o~d wires, ~ other electrical ~d mechanical appli~ces, ex- cept what is generally kncw~ a~d called the =Third,Rail System, switches, side-tracks, ep~ treks ~ equi~nt for the ~ t~e right, privile~ ~ ps.lesion to excavate ~ remove such portions of the streets, alleys ~d other plaoes in said OITY OF 3~ ~ ~OISO0 to be oocupie~ by ~y of its tracks ~d poles, as m~ be necess~y properly to const~ct said rail- roa~, ~d to ereot all needful app~atus an~ other appll~ces properly ~ fully to equip, operate ~ ~n its sai~ railraad over, along ~d upon the follo~ng streets in sai~ Oity of South S~ ~r~eisoo, Oo~ty of S~ Marco, State of Oalifornia, as follows, to wit: CO~NOING on Walker Avenue at the gates of the South S~ Fr~cisoo Stock Y~ds and continuing thence on Walker Avenue westerly to the be~ing of ~ift Avenue; thence westerly along ~ift Avenue to the bering of Gr~d Avenue; thence westerly a- long ~r~d Avenue to the west line of Ohestnut Avenue: provided, however, that a ~ouble track railroa~ s~ll be const~ote~ ore r that portion of the route co~encing at the point where t h · tracks of the Souther~ 2coif it ~ai!roa~ Comfy cross Gr~d Avenue; thence westerly along ~r~ Avenue to the westerly line of Spruce Avenue. ~CTION 2. ~e foregoing fr~chise, ~ts, priv- ilege ~ pe~lssions are ma~e upon the follow~g oonditio~s, to be strictly oo~lie~ with ~y said grates, its suooessors ~ assize, to-wit: The track s~ll be l~id to conform to the establishe{ ~ade wherever ~a~es ~ve been established, ~d in other oases on the hat.al gra~e of the street. In the construction of switches ~ sidetracks, orca ~ouble track, the tracks ~st have space be- ~een them sufficient to allow cars to p~s e~ other at a of not less th~ ~o [~) feet. The tracks ~st not be more t h a five [5] feet wi~e within the rails. ~id rallroa~ s~ll structe~ as nearly a~ possible in the middle of each of said streets and highways, but with the right to convert any single track ra~l- road oonstruct4d hereunder into a double tra~ railroad of 1 i. 'k · charaot'er, whenever, in the opinion of said grantee, its successors or assigns, public convenience shall require such change; provided, however, that when such change from single track to double track is made the tracks must conform to the lines of the streets a n d highways, and be placed at an equal distance from the center line thereof, .~ECTION 5. Said City of South 3an Francisco reserves the. right to alter or change the grad~ of streets, to pave and repave and otherwise improve the streets without having to p~y the cost o .f readjusting the railway tracks to the requirements of the new i m- provements, Said cit~ also reserves the right to construct sewers, lay water or gas mains, and establish, remove or readjust any other fixtures of a public nature in, under or over the streets without being liable to the company for any necessary interruption in street railway traffic. S~CTION 4. Said grantee, its successors and assigns, shall at its own expense pave or repays, macad~mise o~em~aca~amize, grade or regrade the entire length of the said streets use~ by its tracks, between the rails thereof, and between the tracks where sid- ings or two tracks are laid, for a width extending for two (2) feet on each side of each track, with the same material as may be used for such purposes by the City of South 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 b · used, and under the s_~_me supervision and specifications and in the same manner as upon the avenues or streets over which sa~d railroad runs, or the tracks thereof are laid, and shall keep the same con- sSantly in good repair a~d flush with the surface of said street8. In the event that said grantee, its successors or assigns, shall exercise th· right and privilege herein gra~ted to construct a double track railroad after any paving or repaying, madadamising o~e~aoadamizing, has been done along a~d upon said streets, by or u~der the directAon an~ supervision of the Board of Trustees of the City cf South San Francisco, said grantee, its successors or assigns. shall make reimbursement in the manner following, to-wit: If the Cost of said improvement has been assessed up.on the lands abutting on each side'~of any of said streets, reimburse. ment shall be made to the owners of said lands. One-half of the whole amount cf such reimbursement shall be distributed among t h · owners of said lands abutting on either side of said avenues or streets, according to the front-foot method. In the event that said work of improvement shall have been pai~ for out of the treasury 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 said paving or repaying, maead~mizing or remaoadamizing, between the rails of sa~! additional or second track a~d for a width extend- ing for two (2) feet on each side of said track and for any addition- al distance between the tracks then on said avenues or streets. SECTION 5. The rate of fare for any distance along said railroad within the corporate limits icl said City of South San Francisco, or between any point on said railroad as now operated and Holy Oross Cemetery, ~Shall Be five" [5) cents fer one passenger. ~' SECTION G. ;~'he overhead wires used as electric con- ductors shall be hung from cross wires, properly insulated, and shall not be less than eighteen (18) feet, measured vertically, from t-h · surface of the street, and shall be supported by double lines o f poles, one on each side of the street. SECTION 7. Whenever'the grantee of this ordinance, its successors or assigns, shall cut into or displace any of t h e streets or other places in the City of South San Francisco herein- beforenamed, for the purpose of constructing its said railroad, or for the purpose of making ~ny repairs thereto or to the equipment thereof, it shall restore all such streets or other places to their former condition. ~ECTION 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 ~nd convenience of passengers, and shall be kept in good repair, and provided with sufficient brakes for stopping the same, as well as with proper lights and signal devices. Every single oar, or, in ease of a train, every motor used on said railroad, sh~ll be fitted with suitable fenders or appliances places in front of such car or motor, for the purpose of removing and olearin obstructions from the track a n preventing any obstacles~ obstructions or persons on the track from getting under the car or motor, and for removing the same out of ~ger or out of the way of such oa~ or motor. 3ECTION 9. This franchise shall be deemed to contain all the oondltions now required by law, in addition to those enum- erated herein. ~ECTI0~ 10. The grantee of this franchise, its success- ors or assigns, shalI reconstruct such portion of its railroad ex- isting at the date of this' framchise u~on the streets herein named, wherever and whenever the Board of Trustees of the 0ity of South Francisco shall determine to order the laying an~ construction of any pavement. Such work of reconstruction shall be thereafter faithfully prosecuted and actively pursued and cmrried 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 successors or assigns, shall fail to comply with the provisions of this section, unless an extension of time is granted by said Board of TruStees, this franchise shall .immediately cease and determine. 3ECTION 11. The grantee of this franchise shall, upon the determination of the fact that it is the successful bidder, file a bond running to the City of South San Francisco, with at least two [2) good and sufficient sureties to be approve~ by said Board of Trustees, in the penal sum of ONE THOUSAND (1,000) D0~LARS. 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 bond, then the whole of the penal sum therein named shall be taken and be deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bon~[; said bond shall be filed with the Board of Trustees within five days after this fran- chise is awarded, and before the final passage of this ordinance. SEOTI01~ 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 successors or assigns, by paying therefor its value, which value shall be the capital invest- ment of said grantee, its successors and assigns. W0apital invest- ment," as that term is used in this ordinance, shall be and mean the fair and reasonable value of the plant, including good will, as a, going concern, having regard to its condition of repair an~ its a- daptability and capacity for the business of transportation of pass- engers. In the determination of such value no regard shall be had to the capitalization of the grantee company as represente~ by the company's outstanding stocks and bonds, but such value shall include interest during construction and any difference in net earnings dur- ing the first five [5) years of operation between 8% on the capital actually invested and the amount actually earned. Ail land and fix- tures shall be valued at the cost of reproduction less any deprecia- tion for wear and obsolescence at the time the city shall take over --6-- the said property. The method of Prooedure~ 'in determining such val- uation shall be that sot forth in paragraphs "b" - "c" - "dh and %" of Section 13 hereof. If said city shall elect to make the purchase herein provided for, it shall do so by ordinance adopted by the Board cf Trustees within thirty (SO) days after the price has been determined by the Boars Of Appraisers provided for in Section 1Z, and given as aforesaid. ~aid city shall have three months after the passage of the ordinance in which said election to purchase shall be maas, 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 amd maintain t 'h · same in good condition, and operate the same as herein specified, and be entitled to receive the profits arising therefrom, until the purchase price ascertained as aforesaid shall have been paid. On the payment of the purchase price said gran,, tee, i t s successors or assigns, shall transfer to said city any and every franchise, right and privilege pertaining to said street railway, to be operated under this franchise, which said grantee, its success- ors or assigns, may have or claim. SECTION 13. [&) If at the expiration of this franchise said City of South San Francisco shall be unwilling to grant a re- newal of this franchise, or another franchise, to said grantee, its successors and assigns, upon terms mutually agreeable to the city and grantee, said city hereby agrees to purchase the tracks, cars, motors, poles, wires, and all other mechanical appliances, equipment and appurtenances, by paying therefor the actual market value. Actual market value shall be taken to mean the cost of reproduction less any depreciation due to wear and obsolescence. Ail land and fixtures on any such land shall be valued at the cost of reproduction less any depreciation for wear and obsolescence. In determining any value, ~as herein, provided for, nO value shall be placed eng .o o d / will; and. in the determination of such value no regard shall be had to the company's oapitalisation,as represented by the company's stocks and bonds. Ih) 3aid Board of Trustees of the Oity of South ~ a n Francisco shall, by resolution, direct written notice to be given to said grantee, its successors ar assigns, of the intention o f said city to purchase, at least six mo~ths prior to the da~e of the expiration of this franchise. The ,valuation her~in pro~ided f .o r shall be determined in the manner following: Within .twenty {20) days after the service of such notice, said Board of Trustees shall select two {a) appraisers, and s a i d grantee, its successors er assigns, shall seleot two (2) appraisers. The four appraisers so selected shall, within twenty (~0) days after their appointment, select a ,fifth appraiser. The appraisers a o chosen shall forthwith proceed tO determine and appraise 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, a n d shall, as soon as made, be given in writing to said city a~ to said grantee, its successors and assigns, who shall bear equally the ex- pense of the appraisal proceeding. The appraisers shall be permitte~ personally, or by any person or persons designated by them, to i n- spect the plant an~ all records, books of aocount~, vouchers, bills, contracts and documents o~ said grantee, its successors or assigns, for the purpose of fully informing themselves of such value. {e) Any vacancy or vacancies occurring at any time i n said Board of Appraisers, by death, resignation, disqualification or inability to act, may be filled within fifteen (15) days by the party or body making such original appointment. {l) If said city shall elect to make the purchase herein provided for, it shall do so by ordinance adopted by the Boar~ o f Trustees within thirty (Z0) Says after the price has been aetermined By said Boar4 of' Appraisers and given as ,aforesaid~ said city shall have three months after the passage of the ordinance wherein said election to purchase shall be ~made, in which to pa~ the price so oertained. Said grantee, its successors an~ assigns, shall retain possession of said property and equipment, a~l madntain the same i n good condition, and operate the same as herein specified, an~ b · entitled to receive the profits arising therefrom, until the pur- chase price ascertained as aforesaid shall have been paid. ~e) On the payment of such purchase price said grantee, its successors .or assigns, shall transfer to the said city a~y and every franchise, right and privilege pertaining to said street rail- way to be operated ~nder this franchise which said grantee, its suc- cessors or assigns, may have or claim. SECTION 14. The said grantee, its successors a n assigns, shall, during the term for which this franchise is granted, pay to said City of South San Francisco two f~) per cent of t h · gross annual receipts arising from the use, operation or possession of the right, privilege or franchise granted in Section 1, of this ordinance; provided, however, that no percentage Shall be paid for the first five ~5) years succeeding the date of said franchise, but thereafter such percentage shall be paid annually on the first day of May. SEOTION 15. The railway tracks which have been laid down and are now being laid, and are now being operated, by said South San ~rancisco Railroad and Power Oompany upon any of t h · streets herein set forth shall be' taken, considered and accepted as having been laid down under and by virtue of the rights herein grant- ed and as having been so laid down and constructed in strict c o m- pliance with the provisions of this ordinance and the laws of t h e State of California; provided, however, that nothing hero,in shall be deemed to conflict with the provisioned'of Section ten [10) hereof. ~CTION 16. In the event that a~y other street railwa~ line st~all be built threugh~ the City of 3outh ~n Fr~oisoo d~i~ the oontinu~oe of the fr~ohise herein ~ted, sai~ ~tee, its successors ~ ~si~s, shall enter into such a~eement or a~ee- ments with ~the ~tee of ~y franchise for such other line for the exoh~ge of tr~sfers ~ sB~ll Be fair ~d equitable, having ~gar~ to oon~itiozs which s~ll exist at such time. ~OTION 17. A book of tiokegs for the tr~sportation of-pupils ruder the a~ of iXteen years in going .to ~ from ~ub- lio 'schools shall be sold for fifty [50) cents, each book to contain twenty [20) tickets and s~ll be r~oeive~ by sai~ ~~e on its street railroa~ between the ho~s of 8 a. m. ~ ~'~,' 'm~~ during ~he days in which sai~ public schools are in session. ~OTION 18. Sai~ ~antee is required to file in the office of the City Clerk of aaid 01fy of 3outh 3~ Fr~cisco ~ ao- oeptanoe in writing of the provisions of this or,in,ce. ~er its corporate seal. within thirty ~30) ~ays after the fin~ passage ~ approval of this or~in~ee. ~ the provisions of this or,in,ce shall be taken ~ ~eeme~ to be a contract between sai~ City of South ~ Fr~cisco ~d sai~ ~tee from an~ ~ter the ~ate on which i t shall t~e effect. ~CTION 19. ~is or,in, ce s~ll be publishe~ once in "T~ EN~RI~". a weekly newspaper published ~d circulate~ in . sai~ City of 3curb 3~ Fr~cisoo. ~d shall t~e effect ~ be in force thirty [30) ~ays after the ~ate 0f its ~ssa~. provi~e~ the acceptance mentione~ in 3action 18' hereof shall have been file~ with said City Clerk. othe~ise sai~ ordin~ce shall be null. voi~ ~ of no effect. ~ -10- Introduced this ~_~day of April, Passed and adopted as an ordinar~ce of the city of South Sah Francisco at ~ regular meeting of t}~e Board of T~stees of the City of South S~n _~ar~cisco this , 1~t3, by the fo!l~i~g v~te: Ap- ro~ed: ~re~ident c~ t,~-~e Bo~ of Truste~:~s of the City of South San