HomeMy WebLinkAboutReso 31-1925THE 61 ~ 20U~H ;ii~ ~"'""~.~.~I~uO 0 GCAi;~ ~ '~ ..~AT-'~',
WK;R~S the PACIFIC GAS Ai[LELECTi{iC C0i,{T/d, iY, a corporation duly organized
and existing under and by'virtue of the laws of the State el' California, has filed with the Board
of Trustees of the City of South San Prancisco an appi cation for the right, privilegs and fran-
chise mentioned in the title to this resol:,tion, v, hich right, privilege and franohir:e are more
par;icularly defined ~d described in the form of ordinance which is included in the n.tice here-
inafter ordered to be iBubii~hea;
Whereas, the opinion of this Board of Trustees, the public goods requires
that said franchise be granted upon the terms and conditions hereinafter set forth, being the
terms and conditions prescribed by law;
NOW,Tt{~iEFO~E, ~E i~ :;...S,.A..VLD by the Board of Trustees of the City of
South San Francisco that said Board 0f Trustees intends and proposed to grant said right, priv-
ilege and franchise in the form and upon the terms ~d conditions contained in said form of or-
dinance; that seal. ed bids for said right, privilege and franchise be received by said Bo~d of
Trustees at its office in said Ci'~y of South San Pr~cisco up to the hour of 8 o'Clock
on Monday the 6th day of April ~925: that all bids received for said franchise will be opened
and read before a meeting of said Board of ~rustees to be held on the day and at the hour last
hereinbefore mentioned at said office od' said Board of '2rustees; that said right, privilege ~d
franchise will thereupon be struck off, sold aha awarded %o the person, firm or ~orporation that'
shall make the highs[-t cash bid as provided by law: that the person, firm or corpora ion to whom
said right, privilege and franchise shcli be awarded shall file with said Board of Trustees with-
in five ~5) days a~ter such right, pyivilege and franchise ~hall be a.v;~ded, a bona in tile penct
s~ of one thousand dollars (~1,000,00), running to said ~ity, with at ..ea..t two good and suffic-
ient sureties to be approved by said Board of Trustees, conaitioned that the successl'~tl Biader
shall ': l,.~e,1 and truly observe, fulfill and perform each and every ez'm an~ condition oi' such right
privilege and franchise, and that in case of any breach of condition of such bond, the whole a-
mount of the ~enal ~nm therein named shall be t~ken an0 deemed to be ]iguidated ~ahages ~r,d shall
be recoveralbe from t~e principal and sureties uvon ~uch henri; that no~ice of tf~e filing of said
application and of the time amc pla. ce herein fi~ ed for receiving bids for the gr~t a~ such right
priyi]ege e~d franchise snail be given cs requirea by law, tibet ~.ne Clerk of said City be, anc~
is~hereby, directed t. publish once a week for four (4) successive weeks (there being no daily
p~T published in ~-~aid Olay) in the "~'~"~:
_~...~..~;~.Sl~" a newspaper pri~ted and p:~blished in said City
of South 2~n Francisco, an advertised notice, in the followim~ form:
~ AL~:. P il,AN CA i
NOTICE IS HEi:EBY GIVEN that on Monday the 2n.d day of Febuary i~.,25 and a),pliuation in
writin~ was made and riled in the office of t~e Board off Trustees off vhe City off South San Pran-
c sac, in ~ne County od' ~' Mateo State of California, by the Pi.oiPiC ~¢,~ ~L ~LLC%RZC CO.
Corporation organized unaer the aws of ~ne crate of ~aiifornia, for the grant of the right, priv
ilege aha franc~li~e of using for the purpose transmitting, conducting and distributing gas %o
sold and distributed for ~eat and ?ewer purposes, or any thereof, and all mains, pipes and conaui%;
in the publi~ ni.~hwa[s, streets and alleys oi' said CiC,~ of South ~' ~rancis o maintained or usea
b~ the ~rantee, his successors or assigns. , for the ~,~r~ome~ ,~ oi~ supplying maid ~ity aha its inhab-
itanSs with ~as li~zht, which ri?hZ, privi!e~e trod franchise are bore fully ~'e.t forth in mbo
or ordinance herein~, fter contgined, whioii ~'
~orI:, of ordinance contains a statement of 'the characte~
of sa~d ri?bt, privi ecs and franchise and,_~-~' the conaitions v:hich it zs proposed to grant
same: and that si.~d form or ordinance i~ the words a;,d fig~res following, to v;ith:
O.,::I)_,.,_,A.,.,CL uu~,A,~.,.iHO 20 HiS .....
,~z~_....~ any }:.arson or any corporation orcanized for snob purpose under the
laws of thc State of California, which wa, on the 10th d~y of October, 191i, urine the pu~)lich
highways streets ~nd alleys of a'aid city of South San Francisco and maintainin~ or u~ing mains,
pipes pipes a.~nd conduits in said h;~bv, cys.... , , streets :nd alleys, I':~r the m~rT.o~'e., of supplying ~d
said City and its inhabitants ~'i~.h ~ras ii?ha, un,er the pursuant ho the p~ovisions of Section 19
of Art. %1 of the Constitution of the State of ta ifornia t,s the s~.me ex ~,tea ~rior to its amend-
ment on uhe last mentioned date, has the ri~mt to continue to use sa~d public hi[~hwaNs, ~:treets
and alleys and to install, maintain and t~e said mains, pipes ai~d conduits for the purpose afore-
said ur. on the terms aria condi ions ~ t i'ortn in sai~ 2ection; and
',', H] 2.tQ_S it is deemed by the Board of Zrustees of the City of So~th San
Francisco th~.t he public ~ooa requires t~la;b t~e fra~i~nise ilercinal'ter ~efined be ~ra~teo upon
terns and conaitions hereinafter set rorn~, No?i,
The Board of kr~stees of the Oity of South San Prancisco ZO ul.D:~l~ AS
~.OL~j~, o:
SECTION ~. hhe right, ~:rivilege and f~az-;c~ise of ma. inzaining and using, for
the purpose of tr~smi ' '~ ' ~ -
~.t~nb, co,.ducting a~,m distributing g~s to be ~'oid a-.~ u used for heat and pow
, ¥,i},es and ~ohduits which the grm~%ee oS
er purposed or any t~ereof, all an~ singular %.de Iuains, ~_ . .
this franchise has installed, maintaine~, or uaed or
~.~.~11 here~'~'
~=~er install, maintain ur use in
the public highways,._ street~ cud alleys or ~aid 0ity of South ~°~n ~"r.~cisco rot. the pur~}o~e~ of
a-upplying said City and ~,s ahab~tanvs v, i hh ~ .... ii~<ht is hereby ~r~nted to
his successors aha~.-~m~h~'~-'~', for %~c. term of tv;shay-five years zrom . ~a{~ after the ti}~e when this
ordinance sh~.!! ?o in%o elect, u-leu %~o term when this orainance ~xail ~{o inho ofect, upon the
yarns and conditions in this orainance ?rescribed. ,his gray, tin6 or %nis franc~li~e snail
limit or elect tke rl~u,u oi' ~'aid ci y tu gra~t ~ra.a ~kb_t he~t or po'~,er i'rar, c~ises ir~ a~id cit[/
to o'her per~ OhS c~r corporations.
~r.o.~0i~ ~. Aii oonstruotion~done ~lder the a'~tk~..rity of this orainance
be do~:e ~'ub' ct to the {enersl ~ux. erv..sion and direction ef the proper authorities ~',~ ~'iad 0ity
and in com~t~liance wivh all valid ordinance~~ ~nd regulations uhich are now or Lergfter ~'hall be
enacted and prescribed by said City cheer its poli.~e per;er. Lork ~s~der this i'rancl~i~e shall be
prosecuted diligently and in ~'~ood faith f'o a~ to meet ~h{~ fill the rea~unable needs of tke in-
habitants of said df v a~' fionl, n.~ ~,~,'' ~, ~,i.
SLCTiON ~. The Grantee of said right, privilege and franchise, his suc-
cessors or assigns, shall uuring the life oi' said franchise pay to said City of South S~ Pran-
cilia two (2) per corot, al' tile gross annual recei]~ts al' said grantee, iis succes~ors or assigns,
arrising from the use, operation Jr possession of said fran~illa'e, iJo percentage shall ce pai~ fo
the first f~ve (5) years succeo~in~ ti~o date cz' t,:is franchise, but thereafter ~uch percei~ta~e~
=ron~z.e silall be for-
shall be Payable annually an~ in the even$ said ]ayme~t is n~t made said ~ ~-
feited: provided, however, that if said i'ranc..'~e i;oreby granted be a re.,ewai of a ri~.~hZ
in exi tense the ~ayment off ~'aid yercentage o~ .~o.s receivers shall 0egin at once
~ 10N 4. -n~ oraincncc shall ~o_ into ei'_ect tnrity (~0) a~.~-o a~ter its
final r. assage~ ~ and publication, unless suspen~ea from ~oin~ .~ in~.,~ Opel'cCi on by a ~'c~cren~m ~e~it-
ion file5 aa }U'ovided bi/ ~aw, and before becc~min~ effoct~ve shall be published once in ti~e"
, c new~.paper or ~e era! circut~ t~on printc, d an~ published in ~'aid City or
South S~n ,ranci~co , ):tinted and
i[0E1C~''~ 1S ~:' ":,v .... -' ::~:.'~' "~.'~ _.~,"~' that it is ~?ropo~ea by saia :'card ~Jr 'rList-
ess to ~rtllt said ri~Tnt, ~>riviloge ansi irahcZt ce upon the terms cng con~itiona ~-et l'~z'th in ~aid
;.rrm of oi"cinance; that selaed bids i'or s:~c.h :i~:tit, privilege : rid rranchi~e v, il! be received by
~-aid ~.~oard' a~ its ol'i'ice in the City of Louth ~an ~: Francisco, in ~ aid County. of Can ,,-ateo, ,,p to 1
hour of 8 o'clock ~.i,i., on 2onday, Ule 6th. day of April, 19E5; ti~at the successful bidaer, and
assigns, must,during the ] fe of ~'aid franci~iae, pay to said City of 2ouCh San Francisco, s per-
centage of the ~ross annual rec~:i~ts arisinfr from the u~e, o~eratlon or pos~ ~(~s~on o~' maim
privilege gna franchise ~pon the terms tnd conditions set forth in :.aid form of ordinance: that
~oard will meet in open seal-ion on the day and at the hour l~'t hereinbefore mentioned and v:ill
then andthe:e open and read such bids' that thereupon said right, privilege a. nd franchise will
be struck off, sold andawarded to the ])era'on, firh or corporation that shill make the highest
cash bid thei'efor, ?ro~;ided only that at t~te time of th: opening of said bids any responsible ~!'
son firm or corporati:.m r~ro~ent or represented may bid for such right, privilege and lrancnil-e a
s~ not "e~s than ten (10) percent, above the highest sealed bid therrol', alid sgim bid ma~ be
not less than ten (!0) percent, by any other responsible bidder, and said biuaing lay so continue
until finally ~aid ri~rht, privi]eve and franchise shall be struck off, s.Jld and awarder by said
~oard to the highest bidder therefor, in gold coin of the United States of America, ~ each leal
ed bid shall be accompanied with cash or a certified check payable zo the ireas,~er of said City
for the full amount o" s~ ~d bid, and no sealed bid shall be considered ~mless ~uch cash or cert-
ified check shall be enclosed therewith, and the successful bidder sm)ll depot:it at lea~t ten
percent of the amount of his ?'id ~ith :ks Clerk of.~ad. ci~,,'~"~- ]',:~for..~ e said right, privilege and fr~
chise shall be struck off to him; and if ~e shall fail to m~e such ~eposit imr;edistely, then and
in that case of his bid shall not be received and shall be consimered as void, and said franoni~ e
shall then and there be again or~'ered for sale to the bidCerwno then shall make the highest cash
bid therefor, subject to the same contritions as to deposit cs above :]entioned; %ha% such prooed~n'
shall be had until saim franchise sha!] be stretch orr, sold and awarded to the bidoer who shall
make %he necessary ~eposit of ten (10) percent 0f the amount of his bid as hereJnbei'ore proviae~
that such succe~'sful bioder snail ~eposit with the Clerk of said City within twenty-four (2~)
hurs after the acceptance of n~s bid the remaining ninety (90) percent of the amount thereof,
and in ca~e he sh~]l ikil to ac so, then saia deposit theretofore made ~mali be i'orfeltoa and the
award of said franch]~e shall be -oi~, and said franchise shall then and there by said Board be
~gsin offered for ~ale to the highest biader therefor, in 'he manner and %m~er the sa: e restri-
ctions ~s hereinbefore provide~; a~m in ctse laid bidder sm 11 fail to deposit %',ith the bierk
said City the remaining nir~ety (%~0) ~er~ent of his bid within twenty-fo~ (Et) hours af%er its
accepta~ce, the afeard to him oi said franchise snail be set aside and the deposit theretolk~re
marne by him ~:h~]/ be fc, rfeited, and no f~rtner proceedings in the sale o1' said i'rancni~'e shall
be had '~ ess the same shall be again a0vcrti~ed a~d offered for sale in the ha..Lner hereinbefore
provided: ama
~o ........ ~i~-~ that the gr~tee of sai~ ri~:ht, !rivi]ege
~nd franchise must within five (5) days t~fter t~e sahe sat:]] halve been awarded, with said
s bond run~ing to ssld City of g ~th ~an ~ranci~co, v:i:.h at least t~'o (2) good ~nd ~uf:icient
sure!los to be aprrovod by stia Board, in ~
. ~:~ pe~a sum off one thousand do!lard (¥1,000.00), con-
ditionea tnct such bi~er t'hg]] v~e]~ thc %ru~,f observe, fuli'i]] cna perform each ant~ ew:ry term
end confii tion of said i'ranohi~e, ~nd t~st in case of any breach of oonuiticn of said ~cnd the
v, ho~e_ gnount, of the ~ena~ .~um therein named sha~l~ be taken and deoL.ed t~:, be liquidcte~ danagos. ~ .
s]:a]] be reuovergbie fi-on the '~rlncip~l ~nd ~uretic:f upon saia bo~u: ~n~ ti:at in case said bo~d
shall not bo filed a~ aforesai~, then the ~ward ofsaid fra~chi~e snsl! be ~et s~ide an~ thy
paid thorefor shall be ~orY~i ed, cn~ said franchise snail, in the discretion of said Doard,
re-advert.sad and sg~in orrered for ~c].e ss '~'roviaed by lay,. for i'urti~er p..rt, ic',]~irs refferonce
i~ hereby. ~::ade to ~aid c-~ plication i'i ]ed cs arorea:a~-'d in the oi'ilce of sa. ia TMnOal'd, a:~d alt~o to
r~.o3ut on ados-ted by said Costa on the 2ha. aay of Pebuary, lt25, uncap pursuant to v~nion to the
r. rovisions off s:~cn lsw~ off tile State off ~alis'~;rnia es relate to the f:rancing oi' ri~rhtt:,
LR~ i'rt i~o~' -' ':' c~ _ '~ ''''
~. e. by municip~ ~ ities, t~is n. ~ ice is ~ziven, t~nd ail t:.ro6oo< ~.~:. relating to the ~[rant
of said i'icht, ~.rivlie~e ci~u irazici, i' e v, ill be nqd.
Dated: ,, ~..., ,..~ ...., .~,~ , i9~5
By order oi' t~e Board o~' l'rnstee~
_. ~t~ uO ·
~ gU ~1
of t, nec ty oi' ~ .-. o Pranui~
~jler~ of th
City o£ Soutii ~an Francisco."
The foreg~ imf resoi:..tion wa~:' auly pc'~a'ed a~iu adopted by the 2oai'd of t~te cit~
the ~'oiio'.ii'~;~ vote-
~yes: L'i'u~:tee~' O. blah]:, F.CLinningi'iam, .,.~unuzb~u~,
i[oes: ~i'ustees ilone:
H, F. Mci~ellie
President of the Board of ~'ru'~'~tees o~'
the City of South Sen Francisco.
Daniel NcSweeney
Clerk o£ the
City of £outh £sn Francisco