HomeMy WebLinkAboutReso 32-1925D~CI&~i~ '.~.~ i.,.~,.ldN ~ff ~ BOARD
~Z~Ai:CIS60 T0 ~- .... ~i~ RIGHT,
SAiD Cl~'t{ ~l,L i~''~
WHESAAS the PACIFIC GAS YSiD iC~i:O2111C C~,ii'~2, Y, a corporation duly organized ~id e::-
istin~ under and by virtue of t~e ~ awe of the o
_, ~cte o~ Calirornia, has filed with
B~ard of Trustees of the 0iCy of South San ~ranci[co an application Sor tho ri~llit, privilege
and i'rancilia~e mei~tioned in tiie title to this z'e~;olution, ;',iii~n ric~iit, privilege arm francfiiae
more particul~.rly defined aha de~cribea in the i'~,rm oi ordinance wniun is in~lu~ e~ in the notice
hereinaiter ord red to oe pu' !ished; and
bi~LNEAS, in the opinion or flits Board oi' '2rustees the public good requires that said
franchise be grantee, upon the terms ahd conditions hereinafter set forth, being the terms and
.... 10ed oy law:
conations pre':~.~'
.~ rtl Loriis. e
cl~cO that said Board of -rusteos intohd~: ~id eropot~os %o ~i'ant riFrnt, priviie~o
in tile form and upon the term~ ~.ii~ conditions contained in ['aic form oi ordi~anco' ~nct sealed
bids zor said rigilt, privilege s~o rrancni~'e be received by said Board off Yrustees at its office
in said Cit~~ of South San Yra:~ci~:oo up to ~he hour~' o[ 8 o'clock P.M. on ~,. nas.~, the 6th da~ oS
April ]925: that all bids received for saia francki~e v,i]l be opened and read befoz'e a meeting
said Board off .re. tees be held on he day a~d at tile hour last hereinbeffore Lientionec at said
ice of said Board: that said riglit, yrivi!ege a.,d iranciii~e will thereupon be struck off, cold
and ~wcrded to tli peri, on, firm or corI:oration knit cti~.ll make the highest caen bid as t~rovi~ed
by law: thsh t~ie persoi'l, firm or corporation ~o t'~iom ~aid right, !~rivilege and fraxo~ise sh~ll be
swaraee ~'hill rile ~ith said 3card ~',ittiin five (6) dc.y~ after sucyricht, privilege and franchise
s'naii be ay, attica, s bond in tile penal ~um or one thousant {~1,000.00), runninc to said City, v,i
~ .~u~zic~ent uretiee to be approved by o~:a Board ,.f ~z'ustees, conditioned
t ]ea.~'t two good end o-.~ ..... ,: s ~.~=
that the sucoe~sf~l bidder sna~ii well and trul~ observe, fulfill and perfform each and ew~ry temi
end oondltion el such .ight, privilege ai~d ffra~'~,chil e, and that in case or any oreaoil cz oonoition
off such bond, the v;hole amount of the penal ~.~l therein named snail be taken eno deep,ed ~o be
uidated damages and shall bo recoverable from the principal and ~'ureties upon ~uch bond; that not
ice of tho filing of said application and of the time ai.d place herein fixed for roueivin~ ;.ids
~ ~" . ~' .... ~' ' .... ve.~ a~ required by law' that the
for the grin{ off such .... i~'n~, privilege and ~ra~cnl~e, cn~l be ~ ~ ,
0lark off said tit~~ be,
. ~nd he is Lereby, directed to publish once a v;ee~ for fo:~r (~} successive
weeks (the~ebeing no daily newspaper rubli~.ned in ~aid City) in "The hnterprise' a newspaper
printed and published in said City of South San Prancia'co, an~ advert'sad notice, in the follow-
in~ form:
"NOTICE 0F
EDTICL iSiiEi{EBY JiVEi~ that on Nonday the 2nd da:,' of Febuary lt25, ano applic-
ation in writing was ~:.ade and file~ in the office of the P. oa~rd or Trustees el' tn:: Oity off ~outh
Sen Francisco, in the County of San ~,,~teo, ~tate of bclii'oi-ni~, by the I~A0~'~ ~.~ ~;i.: ELL6
........ ~ all~ornia, for the grant o the
C0m~.~_~,Y, a corporation organized ~der the ~aws of the ~tate of ~ '
right, privilege and franchise of using for the purpose of transmitting, conductin~ aha mistr-
ibuting electricity to be sold aLd ~istrib~ited for neat aha per, er purpose~ , or any tnereoff, andy
and all electric tranmis~ion lines aha other eloct~ cen~uctors, appliances amd aPt.aratus
~n Francisco, maintained or used
the public nmgn~[.,a, streets ~l'id alleys of said City of Zouth ~'
by the grantee, his ~:uc~es&ors or assigns, for the ~-'po~e of supplying said Oity aha its inhab-
itants with :-lectlrc light, which ri/nc, privilege aha fra~cnise arenc, e fully ~.'et forth in the
form or ordinance ~ereinaffter containea, v:nioh form of ordinance ~ontains a
cnar~:~ter of siad right, privilo{e ~d franchise a..a of the conditions upon ~Uii~h it is }~ro-
posed to zraf;t the s~me: and that said cfm of ordinance is in the words ~nd l'ig~n'es, to-wit:
~,z Jgli, G PON
............ .iu~,~l.~il~, CONDOCTII~G AND DISTi~IBJ~ii:G ~ECTi:.IOITY T0 BE
T-~- C ml'
~OLD AND .i~-.:I.._UTEDPOP, H~T AND PO~',Ei{ ~ ' -~
~ .U2f:O~m~, OR ANY THENEOF? ANY
ALL ELEOT!{iO ~ .... o. oo, ..... -,-~-., ,.~:-.~
.zu,~,~.I,il~l~N LINES AiiD O.~z:. ~L~.nlOCOi4DUOTO3:S,
AND ~~JS, IN 'iHEPUBLIC HiSHWAYS, ~.,~o AND ALLLYS 0f ~ CITY OF
,q0UTH S~ FRANCISCO, IN TEZ C0~TY 0P S~ I',[ATE0, STATE OF CALIF0~IA,
"~ "~ '~ ~ ~J~CE~O~-.~ 0'2 ASgIGNS. ?UA THE
~,~INTAINED 0Ro~aD BY THE ~z~AI,.~, ElS '~ eoo-
I~ INHABI~..i'I~S WITH ELEC..;~C LIGHT.
;~0o~ 0F o~PzLYL',~ SAiD CITY ~:}
WHER~S any person or any corporation organized for such purpose under the l~ws
of the State of Cslifornia, v, hich was, on the ]_0th day ol' wctober, ]911, using the public high-
wsys, streets snd alloys of said City of South~.~° n Francisco, and maints~ining or using electric
transmission lines ~:nd other electric conductions, appliances and apparatus in said highways,
st~e,-ts end alleys for tee rur~-.o~e of su~>plyin~r ~' .
.. , _. .-~2d City and its i~t;bitt, nts wit~ electric l].ght
under end pursuant to the provisic'ns of ~:ection 19 off ~rticle Z1 of the constitution of the State
of Cml fornig ss the sar-.e existed ~rior %o its a];,enament on the last menti ned date, has the right
to continue to u~o said public hi~hvvays,, streets altd al~e.~'`s, and to install, maintain ~na u~e said
lines, conductors, appliances and app rat ,s i't~r the purF. o~es afores~ id upon the ~erms anm ooneitio
set forth in said Section: and
,,l~l~..~ it is meemed by the 2card of ~rustees of the 0icy of oouth ~an ~'rancisco
that thepublic {cod requires that ~he franchise hereinafter defined be granted upon the teN.s and
conditions hereinc, i'ter ~et forth, N0'(,, ~,n~..~;.,s,
The Board of ii'u~'tees of the City of £outh San ~rgi~ciscoLO OLDAIN AS ~'dZLOi',S:
CECTi0N 1. The right, privilege and iranchite or maintaining and using, ior the
purpose of transmitting, conducting and distributing electrio current to be ~old ~.nd used for
and power purposes, or any thereof, all and ~inglu]ar the pole and wire electric transmia~ion line
and other electric conductors, applicances az~d apparatus which the grantee of this francalse shall
hereafter maintain and use in the puhli~ highways, streets ~d ~lloy~ of said uity of South San
Francisco for the purpose of ~'upplyinc said City and its inhabiters with el~ctric !i:;~ht, is here-
by granted to his successors ~nd assigns, for the term of twenty-fi, ye (25)
years from and after the time v, hen this ordinance shall ~o into el'feet, ujon tho terms an~ co~2dit-
ions in thi~' ordinance vrescribed. The granting cz tl~is i'ranc~ se ~ha].l not limit or eilect t~e
right of said City to grant elect'~'ic [,i~ht, heat ~.r tower franchise in said city to other persons
or corpor~ (ions.
SEu'[i0i~ 2, All construction done under the authority of this ordinance ~,hail be
done to the general, supervision and direction of the Sur. erinten~ent of Streets of sa~id Oity and
compliance with all v~!id .,rdinances a.na regulations which are now or nerea~'t~r shcil be ~nacted
and prescribed by said city under its police pouer, ~aid City of South g~ Francisco shall re(al:
and hereby reserves all rights v, hi~h it ~ow possess, es ~r shall hereafter possess to enact, in the
exercise of J:s po]ice power, ordinances for the fro(action, health ~d safety of said city and
its inhabitants, including the establishment of under~-~do. . districts for electric lines ~=~d con-
duc(ors in said City ~ ' under ~his ffrancnise sh~il be prosecuted diligently and in ~ood
so as to meet and i'il] the rea~o~,ao.~e~ ~ needs off the inhabits.nra off said City off South ~an ~ ~ ~'rancis~
SZOZiON 3. The grantee off said right, privilege and frai,chise, his successors
or assigns, shall ~uring the 'iffe off siad ffranch~se pay to said City of South S~ Francisco two
(2) per cent off th,.~ gross annual receipts off said grantee, his successors or assigns, arising
from tae u~e, opera(iCh or possession off said ffranchi~ e. No percentage s.asll be paid for the
ffirst ffive (5) years succeeding the date u~f this ffranchise, but thereafter such percentage snail
be pa. yable annually; and in ~he eyelet ~aid pa~ent is not made, said fire, anise shall be i'or-
frei(ed; ~rovided, however, that iff said i'ran~hise be a renewal off a right already in existed.ce,
the pa~:ent of said percentage off arch's receir, ts~ shall, be~in~: at once.
.... O~z~; ~. This ordi~ance shall go into effffect thirty (50) days from its
passa~:e and publican(ion, ~]esa~ s~spen~ed fr, m ~ing into o~era'tion by a refferenmum petiti n as
filled by law, and bez'ore becom~ efYoctive chalt be published oncc in the "The Lnterprise"
~ n CO *
a newspaper off ~enera] ~iruulation ~;,rintea and ~ubl~e~ in said Cit.v ff 2outh ~' Frm~cis '
and
NOTICE IS iiERLBY ~'~ .... t~.~ GIVEN: that it zs pro]~osed by said Board off ~rus~ees
to grant said r~ht, privilege end ffrancnise upon the terns a.~nd conditions set fforth in sai~
florin or ordinance' that ~ealed bids ~' ~-
· o~ such right, ~u'ivilege and ffranchiae will ~e received
by ~aid ~oard at its orifice in the uity off 4outh tan Francisco, in said ~outny off San ~,,ateo,
to the hour off 8 o'clock~ ':.~,~'. on ~[onday the 0th da: off April 1'.25., tha~t the successful bidder,
and ].is ass' -k~_~ ...., ma.~t, d ring z..e.~-~i~e o~ ? ~ fra,,uhise, ~}a~'. . ~o ~ aid Cit~- of ~'outh ~an .~u~ co
%~igt said ~:osrd will r:~-~et ia op h session on ~ie day and at the hour last nei'einbefore
o.~d will trion and there open and road ~uch olds ~hct the~eul, on said rigkt priviie%~e and fi'an-
Chl~e will be struck oi'i,~.id a~d awarded to tile person, firm or corporation ~mt ~'h~li ma~e tile
hi;:het't oath bid the_ei'oi', provi~ea o~ly t~.at ~t tho ti~.e ~:f the openin~ of. said bids ~my re~pont.
ibie c~aaer, cna said OiO~i,,~ mav t,o continue un ii ,inaliy siad right, ~?ri~ilege and fr~,.
._a~ll be struck off sold and awai'aed by said 3card to the i%igiieat bieaor therefor, in ~[~d coin
oi the b-hi ed state,o~ America, ah~ each ~ealcd bid ~til be accompanied ~,ith cas~ or a
ch~rk N. ycb-e t~ the iroa~uror of said ~.ity i'or the 1':~]1 tJ..o~Nlt of ~aid bid, g~la no ~eaied bid
of ~'s:iU City before sai~ ri~Tht, ~rivileye ~.nd fi'c~.~se shc 1~ be str',ck off to him; and iY ne
fail ~o :..~ko ~'-~ch de~,..~-it l~, eai~te]y, zi~e ng. il~ 'n thc( c~..'~'e ills bid si.ciE not be received a~d
shall ;~e uc:.t~e:'ed as veld, :fid said ~"~ .... ~
~,~.~.ul~l,e S~_~i~ tiicll and thoro be age. in oii...ruu rot ~aie to
t..o bi~dor v,'~-~o ~naii ¥.ake the hi,lhe~t o~,..~ ~)id ~xore~,..i', ~.u'b~'c~ to t~.o tc~e coneitio:i~ ~.s t~ ~,o-
orr, sole and Lv,-~l'dod %c. %he ki.~c, or v,..o t~.ali~' ~ke ti.e ~euo~ .... , ~r-'.~ de,,o~'it of ten {i0) ~Ter <, .~,t of
the ai',c, unt of :.is bid as kc. olhbe~'..r{~ -~ i'oviao~.,: tnt, ~ ~uch su~uos~ i'ul l)ieaer ~;iiail deposit with
~he City Clerk ~,Z sale. City within t¥,'enty-i'our (24) hours aft<}r ti~e acce~'tance of his 'id the
.~ ' ~ ..... n~ ~n~ 'eof and in caae he shall fail to do ~-o, then
remain/n? nhlety (90) per cent oi the '" * ~' ~'
said devosit tkci'ot,../..ie ::.~.de ~'i~]] be l'orrcit,.~S a.,d. .he award i' ~aid i'ra,.chise ~hali b~ void,
and said 'fra .... ~.ise sh~.il khan ar~., ihero by ~'a]~ Board b~ again oi'_"}rod roi' ~'aie Lo bi~o
a~ld in ogee s~id bid,}or f-tl~-I fall {u depot:it with the Clare oi t~ai~ City the rei~irilng ninety
ear colt. of his bid v, itiiin tuonby-four {Se) hours cft:.~r accepting it, tile a. wcrd to nlm of
l'ran~ni~-'e sh:]l ee set a:ide and the ueposit tnerotolore r-t,~e by him sn~ Il be forfeited, an._ no
further proceeoiiu's in the sale of ~"gim ~rancilise shall be had unlet;', the same shall be again
vertisea and off.}red for ~ale in the [.Briner ~-]a e~.nbo_ore ~rovide{~: and
NOTICE I~ HEREBY ~.{Ttt~ GIVEN that %he ~rantee of said ~'i?ht, ~:rivile~e ~d
franuhlse must wilhin five 5 d~ ,Va after t~:o ~'ame shaft hive been awarded, file v, ith said 3oar~
bond runnin~ to said CltN of South San Francisco with at least two (2} ~ood mqd ~ufficient sure-
ties to be aec}roves bN said Board in t~e penal ~um oS one thousand dollars (~1,000.00), condition
ed that such ~idder shell v,e]l and truly observe, fulfill anu perform e~.cn ~ne every term ~d
dition of said franchise, uno that in case of any breach of condition or said bond %ne whole
of the penni sum (herin nar:.ed E'h~ll be taken and de ned ~o be ]iquidateu damages and ~hail be re-
coverable from the principal and ~u. eties u~,on said bond; and that in case said bond shall no' be
flied as aforesaid, then the award of said fr~chise shall be set aside and ~ money maid %he='e-
for shall be forfeited, and said franchi~ e shall, in the disc_erich of said Board, be re-advert-
ised and a~ain off~:'red for sale as provided b~ law. ~'or further particulars reference i~ hereb[
m~de to said applioationfited as aforesaid in the office of said Bo~d, and also to %ne
~,~,-.~:.. ~dol,.le.~. 1,-~.. ~-~'d Bo,~ ~'~. "," ..... -~e 2n d~y of ~ebuary, 1%,25 un, er ~d pursuant to which and to the
provisions of such ].aws of the State of ~clifornia as relate to the grating of rights, priv-
ileges and franchises by m~mici~alities, this notice is ~iven, and all proceedings relating to
the zrant of said right, privilege and franc~_ise ~.ill be had.
Dated:February 2nd. 1925
By order of the Bo~rd of Trusteed of
the City of South San Francisco."
Clerk of the City of South San
Francisco,"
The foregoing resolution w~ s duly passed and ado~_.ted by the Board of Trustees of
the City of South San Francisco at a regular meetin.~? of the s~.id ~oalrd held on the 2nd day of
February ]_928 by the foiler, ina vote.
Ayes: Trustees: C. Blank, F. Cunningham, A. Eschelbach, H. ~cNellis, H. McOaffrey.
Noes: Trustees: None
Absent: Trustees: None
H. F. McNellis
~resident of the Board of Trustees of
the City of South San Frar~_cisco.