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HomeMy WebLinkAboutMinutes 1913-02-06 AdJournad ~.~eeting of the B~ard of Trustees of the City' of South San Francisco, held Thursday, February, 6, IgIZ, This meeting was called to order at 8' 0 Clock P.~,l.,by Trustee F.A. Cunningham "President of the Board of Trustees". Roll call Roll-call found the following Trustees present , to wit; G.W. Holston, J.G. ~,~c Govern and ~.A. C~ingham. Absent, T~stees T.L.Hickey, J.H. Kelley, ~ The reading of the minutes of the previous meeting was was ~ on ?~otion of Trustee ~c Govern seconded by Trustee Holsto~ and regularly carried dispensed with. A co~uication fro~ th~ Board of Public wo~ksof S~o~ Fr~cisco, was received relating to the project of a eecond entrance to tho City of San 2r~cisco,via the~San Br~o Road ~nd wa~ ordered p~aced on file. The fo21owing Resolulion was introduced by Trustee Holston. Resolved by the Board of Tr~tees of the City o~ South San Prancisco, That Resolution of or Intentio~No. ~, and all orders and resolutions and nade and passed prior a~ subsequent thereto for doing the following street work, to wit: That that portion o~Division street ~etween the North line of Grand Avenue ~nd the South line of Ar~ou~ Avenue on the ~west side thereof, including all street intersections, and that portion of A~our Avenue betwce~ the East line of Sa.~ Bruno Road and the we~'t line of Division street, on both sides thereof including al~ street intersections ~a~~ CONCY~TE curbs therein for the full le~ht of ~ac~. of said stre? as above specified, except where such curbs are already constructed and by constructing concrete ~tters there~n,for the full lenght of each of said streets as above specified cept that portion of Divination street betv~ee~ the North line of Grand avenue and the South line of L~ Avenue; and by constructing artificial stone s~dewalks therein having a width o~ ~five(~) f~et,~ .... ~ '~ ~" co ...... ~,~c~g two(~) feet from the property or bo~Gdary ~.ine of said streets and for the fu~l lenght of each o~ tn~ ~ str~,~,t~o extending five(~)feet towards the~r~ ~'~ lineW except where such side~al~s have a~ r~dy~ b~en constructed; and by filling in earth bac~ of s~id curbs so ~s to bring s~dewalks betw~en the curbs and artifioia~ ~ton. e sidewalks t~:~ official grade; and by grading and by laying ~nd constructing a ~acadam pavement in said streets for the full. le nght of each of said ~s above specified and for tho fu~. width of each of said streets from curb line to curb lin~ be, and the same are hereby rescinded, ~ . i hereby certify that the foregozng resolution was duly and re~larly introduced and adopted by the Board of Trustees of the City of South San Franc~.sco this 6th. day of February 1913, by the following vote : ~.~c Govern, and F.A.~unningham. Noes, Trustees None. Absent, Trustees J.H. Kelley and T.L. Hickey. ~Ic Govern. l~esolved Ayes, Trustees G.V,'. Holoton, J.d. The:~foliowing resolution was then introduced by Trustee J.O. , That the plans and specificatio¥~s fo:r doing the following street work in ~$~ Cityof South San Framcisco~ ImprOving that portion of Division street between the north li~e o~ Grand Avenue and the South line of Armour Avenue, on the west side thereof,i~cludiug all street intersections and that portion of Armour Avenuebetween the East ~ine of ~ ~ r C C was ~ on ~'~otion of Trustee Mc Govern seconded by Trustee Holstoa and regularly carri,d dispensed with. A commu~uication fro~ th~ Board of £ubllc wo'~-k~cf S~r~ Francisco, was received relating to the project of a second entrance to tho City of S~n 2r~cisco,vin the. San Br~m Road ~nd was ordered placed on file. The following Resolulion was introduced by Trustee Holston. Resolved by the Board of Tr~tees of the City o~ ooatn San Prancisco, That Resolution of o r Intentio~No. ~, and all orders and resolutions and ~ade and pa~sed prior a~ subsequent thereto for doing the following street work, to wit: That that portion o~Division street between the North line of Grand Avenue and the South line of Ar~ou~ Avenue on the~west side thereof, including all street intersectio~, and that portio~ of A~our Avenue betwce~ the East line of San Browne Road ~nd the wewt line of Division street, on both sides thereof including all street intersectior~s,b~~~$~$~~~~~~~$~ BZ ~},~:~0~ :~ said stre,:~ oN~,E curbs therein :~or the full le~ht of each. as above specified, except where such curbs are already constructed and by constructing concrete ~tters therein,for the full lenght cf each of said streets ~s above specified ex~ cept that portion of Divi¥ion street bet?'eeh the North line of Grand avenue and tbs South line of L~ Avenue; and by constructing artificial stone sidewalks therein having a width ~ftve(5) feet,co=m~ncing two(R%) feet from the property or boundary l~i. ne of said streets and for the full lenght of each of the ~ str~,~,t~ extending five(5)feet towards the curb line except where such sidewalks have al ready been constructed; ~d by filling zn earth l}ac~ of s~id curbs so ~s to bring s~.de~a~o between the curbs and_ artific~'a~ ~tone side:walks t~ official grade; and by grading and by laying a and constructing a ,~acadam pavement in said streets for the fu!~ l~-~ nght of each of said as above specif,.ed ~nd for the full. width of each of sa. id streets fro~ curb line to curb lin~~ be, and the same are hereby rescinded, i hereby certify that the foregoing resolutio~ was duly and ,~'rustees of the ~t~ of South San Francisco re~larly introduced and adopted by the Board of ~ ~ ~' Ayes, Trustees G.V,~, holston, J.G. this 6th. day of February I~IZ, by the following vote ~c Govern, and F.,~.~nningnam. Noes, Trustees None. Absent, Trustees J.H. ~elley and T.L. Hickey. Mc Govern. ~esolved The:~following resolution was then introduced by Trustee J.G. , That the plans and specifications for doing the following street work in ~ Cityof South San Fra~cisco~ improving that portion of Division street between the north lime o~ Grand Avenue and the South line of Armour Avenue, on the we~t side thereof,including all street intersections, and that portion of Armour Ave~uebetween the East ~ine of Sa:~ ~'una road an~ the East l~ne of Pivisio~ Street, on the South side thereof, ~nd that portic~ of ~a~ifornia ,~,venue betweea the east line of ,~,~n :~r?~:~,::~ Road an~ the west ~:~ of ~ivi~}o~'~ street on both sides thereof, and that ~crt~o~'~ of L~ Lveuue betwee~ the ~a~t line of San ~ ~the ~orth Bruno Road and the west line of Division ~ street on b~ sides thereof, by constructing concrete curbs therein for the full lenghtof each of said streets as above specified,except t~.~,~/~$~$~#~'~$$$~#~~ where such curbs have already been constructed; and by con- structing concrete gutters therein for the full lenght of each of said streets as above speci? ifie~, except that portion of Division street between the ~orth line of Grand Avenue and the South ~i~ of Lux Avenue and except that portion of Lux Avenue on the South side thereof between the East line of San Bruno Road and the west line of ]~ivision street; and by construct ing artificial stone ~idewalks therein having a width of five~5) feet commencing two feet from the property or bo~udary line of said streets and extending five ~5) feet toward the curb line, for the full l~nght of e~ch of sai~ streets ~,'~ above specified , except whe~'e such sidewalks have ~lready been constructed and by f~lling in earth back of said curbs so as to bring sidewalks between curb and artificial, stone sidewalks to official grade ~nd by gradeing to official grade Division street fromm the North line of Grand Avenue to the ~ ~ou~h line of Armour Avenu$ and Armour ~venue,California Avenue, Pine Avenue, between the east line of San Bruno road and the west line of Division street ~nd ~iller Avenue between ~he east line of San Bruno Roa~ ~and the west line of Division street~ for the f~!~ lenght of each oX said streets as hereinbefore specif,.ed and for the full width thereof except wh ere .~ucn grade~.ng has already been done: ~nd by laying ~nd constructing an oiled macadam pave-~ ment ~n each cf said streets as follows to wit; On that porte, on of D~i. vis~on street between ~he L~orth line of Grand Avenue and the ?,curb !~ne of Lu× Avenue from the curb on the west side to the east ~.urb .1. ins ; on that port~on o? Division street between tho north l. ine of Grand Lve ,~venue and the South line of Lu>~ Avenue from the curb on the west side tc~ the east curb ; ~ro~ the ed?e of the south gusts ~,~ne on that portion of Arn~our ~VE.~UE hereir~efore specified ~ to t~.e north curb line;on pine Avenue, ~nd I,liller Avenue h~?e~nb~.~for~ specified ~Fron curb tc curb; ~nd on Lux ~venue for the lenght hereinbefore specifi~d from the curb on the south side to the edge of the gutter on the north side; ~n8 by laying constructing corrugated iron culverts wherever sho~ upon th~ plans for ~aid work; as prepared by the ~t.7 Engineer of said Ci~ty, and submitted this 6th. day of ?ebruary IgIZ,be and the 's~me a~-e hereby a. dopted as and for the plans and specif~cat~ons for doing said work. ~ h~;oy ce~'tify that the foregoing resolution was duly and re~alar!y introduced and adopted §~ ~dtitefB~A~b9 ~bl~n~t~lT~De(~f~N~t~$~ 2h~d61~hr~ay of February I913, by the following vote; Ayes, Trustees G.W. Holston , J.G. Mc. Govern, and F. A. Cunnimgham Noes Trustees, None Absen$, Trustees T.L. Htckey , and J.H. Kelley. The following resolution was then introduced by Truste~ ~Ic Govern. Resolution of Intention NO. 5 A Resolution OF INTENTION OP THE BOARD OF TRUSTEES OF THE CITY 01~ SOUTH SAN ~RANCISCO DECLARING ITS INTENTION TO I,',~ROVE DIVISION STREET PROD[ THE NORTH LINE OF GRAND AVEI~/IE TO T THE SOUTH LINE OF~.^°'~,'~'.~, ~ENUE, APJ~0UR AVENUE FROi~ THE EAST LINE 0P SAN BRUNO ROAD TO THE EAST LINE OF DIVISION STREET, PINE AVENUE ~RODI THE EAST LINE 0P SAN BRUNO ROAD TO THE LINE OF DIVISION STREET , CALIFORNIA AVENUE PRO],I THE EAST LINE OF SAN BRUNO ROAD TO THE WEST LINE OF DIVISION STREET, LUX AVEIfUE FROM THE EA~, LINE OF SAN BRUNO ROAD TO THE WEST LINE DIVISION STREET, MILLER AVENLU_.i from the ]~AST LINE OF SAN BRUNO ROAD TO THE WEST LINE OF DIVISION STREET. Resolved by th e Board of Trustees of the City of South San Francisco, That public intrest and convenience require and. that it is the intention of the Board of Tr~astees feet from the prOperty Or bO~da~"~['~{~i~~' '~'~'s~i~ s%ree~'s~an~ e~te-~i-~{i~ ~i~e ~5) feet tOWar~ the curb line, for the ~11 len~ht of ~ch of sai& s~reets a~ above specified . except wbei~e such sidewalks have already been co~ls~ructet and by f:lilin~ in earth back of said ar~i_loli~, stone sidewalks to official grade curbs so as to bring sidewalks between curb and ~ ~e' '~ ~ ~nd by gradeing to official ~rade Division street fr~u the North line of Grand Avenue to the ~ou~h line of Armour Avenu~ and Armour ~lvenue,California Avenue. Pine Avenue, between the east line of E~n ~r~o road and the west line of Division street nnd ~iller Avenue betv,~een ~he east line of San Br~o ~oag ~and the west line of Division street for the ful~ lenght of each og said streets ~s hereinbefore specified ~nd for the full w~dth thereof except wh ere ~uch gradeing h~s already been done ~nd by I y~ng ~nd constructing ~n oiled macad~ pave.~ sent ~n each of said streets as follow~ to wit; On that portion of D~vision street between ~he ~orth line of Grand Avenue ~nd the ~outh ~ne of Lu~ Avenue from the c~b on the west side to the e~st ~urb line ; o~ that port,on of Division street between tho north line of Orand Lve ~lvenue and the South ~ine of Lu~ Avenue fro~ the curb on the west side t~ the e~st curb ~ne; on that portior~ of Ar~our AVEi~UE hereir~efore specified fro~ the od~e of tho south gusto to t ~e north curb line;on pine Avenue, ~nd ~iller Avenue h~?e~nb~foro specified ~ron curb to curb; nnd on L~ .~v~nue for the lenght hereinbefore specifiod from the curb on the south ~de to the edge of the gutter on the north side; ~nd by ~aying constructing corrugated ~ron culverts wherever sho~ upon th~ plans for ~aid work; as prepared by the City Engineer of b ~dopted said City, ~nd submitted this 6th. day of Mebruary IgIZ,be ~nd the ~ne ~re here'y ~s and for the plans ~nd specifications for doing said work. i her~by oe~'tify that the foregoing resolutio~ was d~ly and regularly introduced ~nd adopted ~ ~e~~D ~~T~e$~f~t~$~ ~h~dS~hr~ay of February IgI~, by the following vote; Ayes, Trustees G.W. Holston , J.C. Mc~ Govern, and P. A. C~imgh~ Noes Trustees, None Abse~, T~stees T.L. Hickey , and J.H. Kelley. The following resolution was then introduced by T~ste~ Mc Govern. Resolution of Intention NO. ~ A Resolution O~ INT~TION O~ T~ BO~ 0~ TR~T~S OF T~ CITY OF SOUTH S~ ~CISCO DECL~ING ITS INTENTION TO I~R0~ DIVISION ST~T FR0~ THE NORTH LINE OF G~D A~h~E TO T THE SOU~H LINE OF ~OUR ~E~E, ~OUR AVENUE FRO~ ~HE ~ST LINE OF S~ BRUNO RO~ TO T~ EAST LINE OF DIVISION STYE2, PI~ AVEN~E ~ON THE ~ST LINE O~ S~ BRUNO RO~ TO T~ ~ST LINE OF DIVISION ST~ET , C~i~O~IA AV~ FR~ T~ EAST LI~ OF S~ BRUNO R0~ TO THE WEST LINE OF DIVISION ST~ET, LUX A~E FROM THE ~ LINE OF S~ BRUNO RO~ TO T~ V,~ST LINE D~VISION ST~T, MILL~ A~ from the ~T LINE 0F S~ BRUNO RO~ TO THE WEST LI~ DIVISION ST~ET. Resolved by th e Board of Trustees of the City of South San Francisco, That public intrest and convente~ce require and that It is the intention of the Board of Trustees wor~ be do~e in ~id of the City of South San ~rancisco to order the following ~treet ~ t~ ,~ty to wit; THat that portion of Division street between the n~rth line o~ .J~ ~,~..~ Avenue a~id the south line of A~our Aven~e , on t~he west side thereof ,including all street h~t~rsectio~ and that portion cf Armour Avenue between the east line of San ~.~a~ Road and ths east I~ line of Division street ,cn the ~outh side thereof, ~ud that portion cf California avenue between the east lime of ~$an Br~o Road ~d the west line of Division Street on beth thereof, and that portion of L~ Avem~e between tho east ~ ~.~ of Ran Bruno R~ad and the ~ _ , be improved by constru~ing west line of Division street, on ~,.,e north side thereo~ concrete curbs therein for the full !enght of each of said streets a~ above specific5 exce~ where such c~rbs have al~eacy been constructed; and by .co~str~ting concrete therein for the full !eaght of each of ~aid streets a.s above specified , except that por$ portion of ~ivision streetbetweenthe north line of ~rand Ave=ne and the 2oath Line of Lux Ay .~ve~,.~e ~nd except that t~ortion of E~n~ Avenue ca the ~-~'~+h side thereoff, betwee~ the eas2 ~ ~-,' .... ~'tr:~''~ , .... ~ ~ cc~mtructlng artificial line of San Bruno Road and th e zest I ~-~e ~ .... ~.'[~_,~ ~ .~ : .... ,. stone sidewalks therein having a width of f~ve(5) feet commencd, ng two(2) feet from the prop erty or boundary line of said streets and extending five(5( feet towards the curb line, for the ~11 lenght of each of said streets as above specified except where such sidewalks ~lready been constructed ; and by filling in earth back of said curbs so as to bri~g sidewalks between curb and artificial stone sidewalks to official grade: a~d by gradeing tc official grade Division street from the north line of Gr~ud Avenue to the South !i;~e of Armouer Avenue , m~d A~'~our Avenue, Californim Avenue, L~ Avenue, l~ine Avenue between the east !ins of S~ Brm~o Road and the west linc of Division street :d ~iller Avenue between the east l~ne o~ San ~: .... " ~'~ of Divisio~ street, for the ~I! ler:ght _ ~r,~,o cad and the west _~.,e ~ ~ thereoe except where such ~.ad~ has alraaey been ~d by ~a~_ ying and con~.tr~.-:'+~-.,~~ -,e..~..:~ an o~.led macadam pavement in each of said streets as fo~ows .~ ~is]on. street tetwaen the north line cf ~and Avenue and the to-wi.Z; on that portion of south line of Lux Avenue fromthe curb on the west side to the east curb line : ca that portion of Division street betweenthe south line of L~ Avenue and the south ~'~ of -' Avenu~ from the edge of the ~tter o~ the west side thereof to the east curb line on that portion of Division street on that portion of Armour Avenue hereinbefore specified from the ~d~e of t~e south gutter to the north curb line ; on pine Avenue and ~'~ller Avenue from the 1 [ezl~hi hereinbefore 8peoif~e8 from CVLr~ ~0 a~r~;ane on L~ Avenue Car lhe lenghi here~n-- before specified , 'rom lhe o~r~ o~ the so~.~lh Bide to tile o(:~o o~ lhe ~lt2er o1~ the side; at~d by laying and ,._-~o'r.~tructlng corrugated iron c~!verts wherever shc~ u.[~on tlc for said wgrk. All work here~n provided for shall ta done to offici, a! grade and in accordance with .... d~.~n, ~'aid work and now on the special plans and specifications heretofo-= adapted for -" f: in the office of the offffice of the City Clerk The Board of Trustees, ~d~m the authority conferres upon ~i by the provisO. OhS of that certain act of the Legislature cf the State of California, approved April,Vth. igI~ AI~ ~0WN AS the "Improvment ACT 0P IgII", determines and declares tha$ serial Bonds shall be issue~ to represent the cost of said proposed improvments ; said bonds shall be serial ~ .'~ ,.,h. second d~:y of Janu:~ry next z,~ecedlng their extending over a per~od o~ nine y~ars from ' a . ~-t~ o' twentyff~ve (25) do].lars or ~or~ re~ date and shall be issued to repr~.~nt asse~ ...... ~ . ~ maining ~paid thirty [~0) days after the date ~ the v:arrant issued to the co:<trac~ ~ five ~5) days after the decision of s~d Board on ah appeal; ~ ,~. annual t:roport[on of principal sum of each bond ~ha].l ~,e payable by a",'~',oTM~ .. on the second day o~... january o~ each ~ hal I ,_~ year after its date and unt~ '~'~ v,b. oT.,~ '~ paid, ..... exceQ~ where such curbs have already been constructed; and by constructing concrete gatters therein for the full lenght of each of said strc, ets a~s above specified , exoe~,t that ~or~ portion of Divisioa streetbetweenthe north line of Grand Avenu~ ~nd the ~outh Line of Lux A~ ~ve~e .... : nd exce~,t~ that portion of ~w- Avenue on the ~,o~tn~ ~ side thereof, between the ea~t line ~f San Bruno Road and th ~. west ~ ~ o~ ~-.~ , ~.. ~.. constructing artificial stone sidewalks therein having a width of five(~) feet com~enc4ng two~S) feet from the prop erty or boandary line of said streets and extending fiveC~ feet towards the curb line, for the ~ll lenght of oach of said streets as above specified except where such sidewalks ~lready been constructed ; and by filling in earth back of said curbs so as to bring ~idewalks between curb and artificial stone s~dewa~ks' ~ to offic~*~ grade: ~d~ - by gradeing tc official grade ~ivision street from the north line of Gr~ud Avenue to the South line of east lin~ of S~ Br~c Road and the west linc of Division street ~d ~il~er Avenue between the e~st line of San Bruno ~ oad ~nd the ~est line of Division street, for tke full lenght hereinbe fc re ~',z~,~ thereof except where such gradci:g ha~ al. ready been d?:.,.:: and by ~ , ~' ~ay~,~g and eonstruc~,ztlng an oiled macad~ pavement in each of said streets as to~-wi~; on that portion of Division street betwsen the north line of ~and Avenue and the south line of Lux Avenue fromthe curb on the west side to the east curb line : on that portion of Division street betweenthe south line of L~ Avenue and the south ]~ine of Avenu~ from the edge of the ~tter o~ the west side thereof to the east curb line on that oortion of ~ivision street on that portion of Armour Avenue hereinbefore specified from the ~doe of the south gutter to the north curb Ii. ne ; on pine Avenue and L~iller Avenue from the 1 lenght herei~efore specified from curb to aurb;an~ on L~ Avenue far the len~ht herei? before specified , 9rom the curb on the south side to the edge of the ~ltter on the north oide; and by layinF and constructi¥~g corru~ated iron culverts ,,~w~ ~ ~ ~ ~* ~ . ~ ..~,,reve. shC~2 upon *] r for said work. ,,~1 work here~n provided for shaBl k-- done to offi. c~l grada and in acco~a'~"ee with the special plans and specifications heretofore ad~.,~,~ed for doinf- ~aid work and now on in ~he office of ~he. office of the City Clerk The Board of Trustees, ~e the au2hority conferres upon ~ ~y the provisions of tha~ cer2ain act of the Legislature of 2he Sta2e of California, approved April,7~h. IgI~ A~ ~{OWN A~ the "Improvment ACT 0F 19II", de~ermines and declares ~ha~ serlai Bonds shall be issued to represen~ ~he cost of said proposed improvmen~s ; said ~onds shall be serial extendin~ over a perio~ of nine years from ~he s~cond day cf Jann:~ry nezt ~dln~ their ~ate and shall ~e i~su~d ~.c a '~ representa~e~sm~ts ....... ~,~'.~ twentyf.[ve ~25) d~].].ar~ or more ~' maiming mupatd thirty [~0) days after the date cf the warrant issued to the cotttractor five [5) days after the decision c:f. said Board cn ah apgea~; an ~,~,'~..,~ annual i:roportion oe, i:h~, principal ~ ~ ,u~. of each bond shall bo payable by c~:~?on on the second, day of J~snuary o~ each '~+~r its date ~'nd unt~i the ~-boZ,~ ~ pa~d. ~ma intrest :~'~aBl ,_.~ pay~d~l,~ ~em~-~ ~ act ce 19ii" 'The Enterpris,~'' a weakly a,~u~'~pal.:~:~r printed .... ~,, .~ished an~ ~',~rculated in said ..... ~'~'~ .~o~ .....~ion of intenti, on shall ~.*y i~ herc%y fles~natefi as t:~. newsp~er i~ ,~}..z~ thi~' '~ ..... pu!:Eis~",e,~ and the CTiy Clerk is hereby direct,'d ~o cause this resolution ts be published by two~) in~:~erti, on~ ~n r~aifl n??."spap~r in ,..an manner an2 ~.~r'-:.,, ,~. /cq:~ire~ ~y said "'-~'.z..pr,..~.en~+' Act of IeiI", The SuPertatonde~tt ~f- Streets shall . '~-d~.t~ ..... ~ ' ~*~ely ,cause to be conspicousiy posted alonff the line of said~.,..~u.:~..~..~~+ .... ~"*ed work an4 improvz:e:-,~t and in front of all. the .... ~:,.,~-e liable t.-. !'e ass~ss~d. ¥~otice~- of the passaf-e~ ..c~ this res3];.~t~ol! 3f ~;~-t~,~t~.. . ..... ....... ~n the an~ ~..~.~ aqui"-ed~. %y la~~. z aerel,~' certify ..... ~.z,~, ~$n foregoi~'~ resolution was d~ly and rega!arly introduced and adopted '-- ~ , o~. the Board of Trustees of the City of South Sazl Francisco the 6th. day of Pebrmary I~, hy the following vote; Ayes, Trustees G.w. Nolston, j.C. Mc Govern, ~d P.A. Curmingham. Noes ,Trustees, None. Absent,T~stees, J.H.Kelley, and T.L. Hickey. William J. Smith Clerk of the '"" .... ~i~.~ of oouth San Francisco ~ application for a Pr~chise for a street Railway was received from the South ,San .~ail way ~d power co . to opn~,$e a streetr, railway through the City of South San iran~ ~ cation ,'~, placed on file to be *~ " elate, t,~. ap~,1~ . . ,~.~ ~ke~ u. the near '~ature. The ~ ~ :u!].owinE resolution was then ~].i-~trodu. oed by J.C. t~c Govern. V,~ereas the South San Francisco Railread and Power company a co~oration organized and existing m~der the laws of the State of California, has made a written application on the 3rd day of Pebruar}% igi~ to the ?card of Trustees of the City of South San ~rancisco for the grant of a certain right,privilage or fra~'~o~se to coi~struct.~ain'tain and operate single or double track,standard g~xage railroad in th..~ ,"~*'~, of ~ .... San !.:ateo, State of California, together '*' w~n tho necessary curves,sidetracz, s and switches crossovers and turMo~ItS~mMd over'and along the fcllowin~ streets :co:~?~encing on walker Ave hue at the gates &fthe ~outh San Francisco ~]to~k Yards and continueing 2here on walker Ave-- hue Westerly to the beginning of Swift Aven~e ;thence westerly a~ong ~.and Aven:~e the West izne o~-Chestnut Avenue,which application i.s now on f_le in the off, ce of the ~t~ Clerk of said City of South San 2rancisco; Resolved by the Board of Trustees of the City of ~o~th San Francisco that it is the intention of said Board of Trustees to ~ell and grant said right pri~lage or franchise to the person,firm or Corporation who ~nal~ make the highest cash bid ~h~ following draft ordinance therefor, upon the terms and oo~ld[mtlOnS hercin~ter set forth in ~ ~ ~m ordinance g:-anting to · L~ ~,~ET T0 ~O~o~RU~T, maintain and ope~a2e a sfn~le oz double 2~aek, s~andard ~ua~e ~ad in ~he City off So;~th San F~c[sc~ County of San ~teo, State off Cal~fforni~,~o~ethe~ wi~h 2he necessa~E c~ve~,side~ 2~a~ks, switches, c~oss-overs and 2u~nou~s, o~e~ and alo~ 2he ~ollowin~ s~ree~s : commencin~ on Walkey Avenue a~ 2he ~a~e2 off 2he So~lth 2an ~ Stock Yards ~omp~y,and eontinuein~ thence alo~ on Walke~ Avenue westerly ~o the be~fnnin~ o~ 8wifft Avenue;~henee wes~ez~y a~on~ ~wifft avenue ~o the Be~[nnfn~ off G~and ~enue; ~hence ~henee westerly alon~ Grand Avenue ~q 2he west line of ~hes~n~ Avenue, The ~oa~d off T~,~stees o~ the - ~ty of Sou~h San ~ucisco do ordain as follows: ! hereby certify that ~$n foregoing resolution was duly and regularly introduced and adopted b'~ ~ the Board o~ ~rust~es of the ~ity of ~ ~ .~. oo~ oa~ Francisco,the 6th. day of 2ebruary I~Z, hy th~ fo~iowing vote; Ayes, Trustees G.w. Nolston, J.C. ~c Govern, ~d F.A. Cur~i~gham. Noes ,Trustees, None. Absent,T~stees, J.H.Kelley, and T.L. Hickey. William j. SmiSh Clerk oe~ the ~e '~ ..... of oouth~ San Francisco ~ app~z~ation for a Fr~ehise for a street Railway was received from the Som~h ~ ~ail way and power co . to eDm~$e a streetr, railway through the City of South San ~-~c~ ~ ~ ....... ~ . u be taken u ir~ the near ~ature. ~isoo. ~ .... application ~'~ placed on file ~ ................ ~ resa~utim-: was then ~;,~troduee~ by Trustee J.C. ~,~c $overn. ~ere~s the So~th S~n ?rancisco R~ilr~ad ~r~d Power company ~ o~ganized and existing ~der the laws of the Sta~e of Ca&ifornia, has m~de a writte~ a~p~ica~on on the ~rd day of ?ebruar}I i~i~ to the ;Board of Trustees of th~ City of ~..,~,-,'~ San ~ra~cisco ~. ...... oraz~t of a ce~ta~ right,privilage or franc~se to co~struct,main'tai~c and operate ~ingl.c, or ~ouble track,standard guage r~ilroad in th,~ ~'~ty~ o.~ ~. ~an F.r~ciscgC~'~t~ of San ~,;ateo, State of California, together with the necessary curves,sidetracks a~d ~witches ore,severs and tur~outs~nd over'and ~ong the following streets :oo~?~encing on walker Ave uue ~t the gates ~fthe ~outh San Francisco Eto~k Tards an~ continueing ~e~e on walker uue Uesterly to the beginuing of Swift ~venue ;thence westerly a~.ong ,~and Ave.~ e the West ~,'~,e o~-Chestnut Avenue.which spp~ication is now au file in the off, ce of the v~t~'~" ~ C~erk of said C~ty of South San 2rancisco; Resolved hy the Board of Trustees of the City of South San Francisco that it is the intention of s~!d ~o~rd of ?r'~stees to sel~ ~nd gra~t s~id right , na~. the highest cash bid pri~lage or fr~chise to the person firm or Oorporatlon who sha~ '~ therefor, upon the terms and .eo~:~dJ.t~ons hereIn~fter set fo'rth in the following draft ozdin~nce ~ or~ina~ce gz--anting to _ ~ ~ .~ng]e or double track, standard gua~e ra~l- zH~ R~=HT T0 CONSTRUCT, maintain and operate a ~' ~ad tn the City of So uth ,~ar~ 2r~UCisc~ ~om.ty of San ~teo State of California,together with the necessary curve$,side~ trucks, switches, cross-overs ~nd turnouts, over and the following streets : commencing on Ualker Avenue at ~ ~.~ gates of the South San F ancisco Stock Yards Company,and continueing thence alo~ on Walker Avenue ,westerly to the beginning of Swift Avenue;thence westerly along swift avenue to the beginning of Grand ~enue; thence thenoe westerly along Grand Avenue to the west line of Chestnut Avenue. The Board of Trustees of the City of Sou~h San ~cisco do ordain as follows: Sec~en I. That there is hereby granted to the ~ ~ *~ S~ate of California,its success~ a corporation,organized and existing ~der the .laws o~ fifty [50} years from and after t;he date on which this ordinance shall become effective a single or double ~ ' ~raeb~. ra-~_lroad o" standard ~aage, except as herein stated,together with the necessary curves ,poles,wiees, appYisnees and appurtenances, fred the right, privelago peri,sion to pass with,operate and rm7 cars thereon for the carriage and tranSmpOrttation of passengers for hire,propell,7:d and operated by electricity, gasoline or any other lawfu notive power except stean, horses or mules, ~&;-~C~9~91~S;l~$$$~$F with all overhead and ~dergfomud wires and other el~ctrical and mechanical apNliances,except what is generaly kno~ and called ~he" Third Rail System", switches, sidetracks, spur tracks and equipment for the same, and the right, privelage, and permission to excavate and remove such portions ef the streets alleys and other places in said ~.ty of South San Franeisc~ to be occupied by any of its tracks and poles, as may be necessary properly to c. onstruct said railroad, and to errect al]. need~l apparatus and other appliances p pe.l~ re '- .~ and ~.~lly to equip,oper- ate and ~u its railroad over, along and upon the following streets in said City of South San Pr~etsco,County of Sqn Mateo, State of California, as follows to wit; co~m~enclng on walker Avenue at the gate s of the South San Francisco Stock Yards and continuei~ thence on Wa],her Avenue westerly to the beginning of Swift Avenue; thence westerly along swift Avenue to the beginning cf Cr~d Avenue ;thence resterly along Grand Avenue to the west line of Chestnut Avenue;provided however, that a ~ouble track railroad shall be constructe eye.that portion of the route commencing at the point where the tracks of the Southern Fac ific Railroad Company cross Grand Avenue; thence westerly ale g Crand Avenue to the west erly line of Spruce Avenue. Section 2. The foregoing franchise,grants, privelages and permission are made upon the fol lowing conditions, to be strictly complied with by said grantee,its sucessors and a~signs to wit; The tracks shall be laid to confo~ to the established grade wherever grades have been established, and in other cruses on the nat,~al grade of the street, in the construct ion of switches and sidetrack~ or a double track, the tracks must have space between them sufficient to allow cars to pass each other at a dist~ce of not less than two feet. The tr ~?s must not be more than five(5) feet wide within the rails. ~laid railroad shall constructed at~ n;,~zrTy, as possible ~nth:- .e middle o each of said stfee~ m'~d highways, but with the right to convert an~ simwle track railroad constructed here~der into a double track railroad of like character,whenever, in the opinion of said grantees its sucessors and assignes, public convenience shall reo. uire, such change; provided, however, that such change from single track to double track is made the tracks must conform to to tlc ~.es of the streets and hi~b, ways, and be placed at an equal distance from the center line th thereof. Section 3. said City of South San Francisco reserves the right to alter or ehan~c the grade o~_ streets, to pave and repave and otherwise ;,,~rc~=~ ~,,,~: streets without having to pay the cost of readjusting the railway tracks t,~ the requirment o'" the new ~[mprcvments. s~,id C also reset+es tho right to c~n~rucS~ ~ .~ s~?wsrs, ~'"-~ water or gas mains, and estabY~s~' . ~'emow~ O~ cr readjust any other fixtures 3~, a public ~''- ~,~e ~ under $~ OVER the streets without keing liable to the compny for a..~ ~ ~.' -- xza~ traffic. ..... ~.c~eoo~rj inSeruptioi; in street raj and .~otlon 4. Said grantee, its suceasors $~ assigns ~ S~L at its ovs~ e~ense pave or repave macadamize or remaoadamize grade or regrade tho entire lenght of th:e said streets used by. its tracks, between the rails thereof, and betweenthe tracks where sidings or two tracks are laid, for a ~dth s~endi~ for two(fi) feet on each side of each trac]~.u'ith the same material as may be used for such purposes ~y the City of South San ~'ancis~, except, however,that within each track ~3~:'~d for a distance of at least six(6) inches on each side ...... . .... , .,--~v.~a~ Spur tracks and equipment .'or the same, and the right, privelage, and permission to excavate and remove such portions of the streets, alleys and other plnces,in said City of South S~u PranciscN to be occupied by any of its tracks and poles, as ~y be '. ~ ~ ,~ n~.~eosary properly to ~:on~truct said r~iir~ad, and to effect ali needful ~pparatus ~nd other appliances properly a~d ~y to equip, ate and r~ its railroad over, alomg and upon the following streets in said City of South S~n 2r~etsco,County of Sqn ~;1ateo, State of California, as follows to wit; commencing on walker Avenue at the gate s of the ~out., San Prancisco Stock Y~rds and eontinuei~ thence, on ~7~lker Avenue westerly to the beginning of Swift Avenue; thence westerly cleric swift Avenue to the beginning cf Cr~d Avenue ;thence westerly nlong Grand Avenue to the west line of Chestnut Avenue:prey!tied however, that a ~ouble track railroad shall be construete ove~%ha% portion of the route commencing at the point ~vhere tho trac~s of the Southern, tftc Railroad Company cro~s Grand Avenue; thence westerly ale g Crud Avenue to the erly line of Spruce ~vonue. Section E. The foregoing franchise,grants, privelages and permission are made upon': the icl lowing conditions, to be strictly complied with by said grantee,its sucessors and ~signs to wit; The tr~cks shall be laid to confo~ to the established grade wherever grades have been established, and in other c~ses on the natural grad. e of the street, in the construct ion of switches and sidetrack~ or a double track, the tracks must have space between thom sufficient to allow cars to pass each other ~t a dist~ce of not less than two feet. The tc ~].~s must not b~: more than five(5) feet wide within the r~ils. ~:aid railroad shall ~on~tructed a:~ ::~':~r~F as possible inthe middle o'' each of s~id st~ee~ ~d highways, but with the right to con~'ert an~ sinsle track railroad constructed here~der into a double track railroad of like character,whenever, in the opinion of said grantees its sucessors and assignes, public convenience shall re{:uire, s~ch change; prov:.ded, however, that when ~uch change from single track to double track i~ made the tracks ~uust conform to to. the ii :qes of the streets an~. hi.~hways, and be placed at an equal distance fro~: the center line th thereof. Section ~ ~zid City of South ~' . ~an Francisco reserves the right to alter or change the grade of streets, to pave a~d repave and otherwise ~ ..... *~- .~-~-~- -~'~ , cost of readjusting the railway tracks t:': th~ roquirment of the new lmprcvments, said City also reserves thc ripht to coastruc.~ sewers, ~,~. wate~ or gas mains, and e~tab~_~sn, cr readjust any other fixtures o a public nat~-cin ~ undcl' ~-OVER the streets without ~eing liable to the co:~pny for ~.~ .~e~eoo~ry in~eraptio:~'i i": street railway traffic. and Section 4. Said grantee, its s'uce,~ns~ars ~ assigns ~ S~L at its own e~ense pave or repave macadamize or remacaflamize grade or regrade the entire lenght cT th e said streets .used by. its tracks, between the rails thereof, and betweenthe tracks where ~idings or two tracks are laid, for a width e~onding for *~,~) ~eet_ on each si%e of each track,with thc same material as may be used For such purposes h~ the ~lt.~ of South San ~'ancis~, except, however,that ~:ithin each tracz ..... ~, for ~ 81stauce of at least six(6) inches on each side of each track basalt blocks or ~:::!d,-:~d bricks :nay ~e used,and -a'ider tho sane supervision ~>' ,'v ...., .....o'. streets over which said and specifications and in the $.~:ue ma::ner .qs t~.c.~ ,..,::: ...... eo _ railroad runs , or the tracer.-, thereof are .~..~d, a:zd~.a~ kc% th ...... ..... ~,uc~. ocza'~+''~,*n~..,~ repair an8 :~ush with the~,._~o" .~e o~. s:ald streets. I~ the event that ~<~.d grant~,~.Its OR sueessors ~ assigns ~ ...... ~' . ~.~:2~ exerclse the r~ont and oriville~e herein granted to tc construct a don a doub~,~ traekrailroad after any paving or relaying macadimizing or remacad ami zinc has been do been done,along and upon said strec~ , by ~$~ 0R UNDER THE DIRECTION and supervision of -~ 0 f tho Board o~ Trustees th~City of Sou~h Sai~ 2rancisco, said ~r~ntc~, it~ succorers or ass~g~a~ha}l make re~nb~r~.e.~e.t in thc~ ~a~er following,to wit; if the cst of ~ald ~Trov~ent ha~ been as~ '-~- ~ne ~,s abbuti~g o~ ~:ach side of ~y o~ ro~ c,~, d ~por~ *' ~ ~'~ ~ said streets, ........ '~.~ ~ t~e whole amongst o~ such shall be ~ade to the ow~iers ~:F said lands,~. 0..~ half ~ ~:..a~l~ distrib'~ t~d ~,,.~.~ the owners of ~uch lands ah.,.t~,,e on eithz~, sid~'~.. c~ hues or streets, a,.c~.rd_ng to the front foot method ..... in the event that ~a. id work a~ ~m~' ~rovment ',>':~ have been paid for out of the * ............ the .... . bursments~ ..... 1 be,.~.. to s~.~.d~"~ v~ity. Daca~ ~ reimburs~'~*,.,.~.,,~ ~:~ha%~' ~ be ~,a~,~ for the entire le~ght ~ .... '' ~ '~ b~+w ...... the rails o'C ~'. o~ sa~ Fav~.~ or repaying macadamizing or r~.~a~adm, z,~ing, .~ ~ .... ~d add itional or. second track and for a width of extending._ for two~°)~. feet on ~ach s'~de'' ,..~-~ said' track and '~ .... an? addit~ n~ ~ . ~_~ . .c.~ distance between the tracks the~:', on said aveh~es or sareets ',~+'cn 5.The rat~~ of fare ~r a~iy distance aio:~ za:~ ~,~oad within the ccr~-orate of saied ~it~ of Scut~ San ~ ~ ....... any ~ "~ ~i~ card .. ~r~o.sco, or bet~J~e,~ ~ a,..~,~,~ ~, raz~road as now ~p~;'rg. ted and ~ioiy Cross ~emetery shall te five(5)~n'"TC~.~. for cn~, [~as,-en~er.,, [~ection 6. The~.~.~=~-~'~~_..~:~ wires used as e.cct.~,~~, ~-~ ~ conductors shall be hung from e..,~s~.~.~ wires ~ ~ ~ mass,ed vertica~ prop~r~y ......~'~-,~a~,~~ ....... , and shall not be ~ess than [I$) feet, ...... y,from the surface of any street ~ &ND shall bo supported by ~ouble lines of poles, one on each side of the street. ~ ~,~, .... ~. _, shall cut int~ or di~ ~,,hen.~..~ the graatee of th~s ~rd=n .... =, its successors u~~ assigns, or disl:lace auT; ,f the streets or other I,!aces in the "'", ~ f: -~ ~..~ o - - ~fore named., for the puruose off ~,,o* ..... '"~ng itc said' ra'~ ...... ~ .......... . ......... ~ ~ ...... d, or for ~ purpose '~'~ making a'':? repairs thereto or t~ * ~ .... a:~z a ears to ~ot~on 8. Improved constr~ot~on sha~i be used. ~or ~-~ ~-u-~'~e~'a---~ of ~,~d~ ..... d, ~ ~ ll of, passengers, and saa]2 bo kept in Food .~'~a;r,..~..,~ , ant pro~d~ with s;ifficien~ brakesfvgor stopping the same as well as wi. th z~..f, pe~ ~.~ghts and si .... a] devices. Every a .:~a~ railroad, shaY] he fitted with or arp]ia;'2.ces .... ,.~m...,,~ in .~_.;, of ~,ua'-' .~. or motor ,...,~'. the ~-~',~; ....... ~ o~._ removcing and ti. ear the track .... fr~~ gett''~,~ under tho ..a~:.z- ~ .... motor, and :For e..,,~',_ng the came out o., dan~cr or out of the way ~..:_~ such car ormotcr. Section 9. This franchises.~a~, ~' be deemed to ccntaii'~ all the conditions now required by law in addition to those enumerated herein. Section IO. The grantee of theis franchise, its sucessors or assiCms, shall construct such portions of its railroad ex~.eting at tlc date of this franchise upor:, thc ~o*'-~-+-,.~.,,~ herein named whereever ~.n5 whenever ~ ~n F~.~anoisc~ sh~ll de.~e~ine w~er a. ~ J ~er the Board of Trustees of the ,~ity of Suuth ~'~ ~' to~rder th~ laying and eonstruetiun of any pageant . ~ work of reconstruction shall bethereafter faithfully prosecuted anS. actively pursued and carried forward to completion within such period of time as may be reaso,~ab=~ ~imited for the completion of the work of paving herein contemplated. If the said grantee, its suce~sors or assigns~ shall fail to comply with the provisions of this section, m~less an extention of time is granted by said. Board of Trustees this franchise shall immediately cease and determine. hues or streets, according to the front foot methcd. In the event that .~aid work of improvment ~hall have been paid for out of the treasury of the City of S~r~th 2an Francisco,such reim~ bursment shall be made to said City. Such reimbursome:!t '.shale be made for the entilre le~zght of s~ l~a'v~::~ or repaying macadamizing or remacada:uizi~g,between the rails off ~aid add itional or second track and for a ?~'idth of exten4i~:~Z for two(S) 'feet on ~ach side of said track and for any additlonai distance botw~e:~ the tracks the.:: on said avehues or streets. '3ection 5.The rate of fare For any flistanse aio..'g sa~fl ~,~oad within the cor, orate limits of saied ~it~ of South San Francisco, or betwcea any p.?'~t:t sn sa.~d rai. lroad as now ~p,:rated ~ ' ~ha~ ~e five~5) ~a.~.,S for on' F. assenger. and ~oly Cross demetery ~ ~' ...... "'~ ~ection 6. The overhead wires used as el~ctr!c conductors shall be hung from cross wires properly insulated, and shall not be !ess than ~I$ ) feet, measured vertica!!y~from the surface of ~F street ~ AND shall bo supported by double lines oF poles, one on each side of the street. Section ~. Whenever the grantee of th~s ordinance, it~ sucessors pr assigns, shall cut int~ or d~ or iisi:lace an~ of the streets or other places in the ~:~ty o~, So~u~,n ,.. Fr .... before named, for the purrose of co~structing its said' railroad, or for the purpose of making a~:v ..... repairs thereto ~r t~ the a~ui~ma~:t~. ........ therea~,~ it shall re~r~, ......... a!~ ~u..~n~ "' streets or atn~r'e r~laoes to their former eonfi{tior.. Section 8. Improved co~struct!cn shall be used for the equipme~t of said road, a~d all car{~ to ~,_em shall b of improved pattern and ...... +'~,,~e~on ~or the comfort ant c,..,~,eaier~ce of passengers, and shall_ be kept in good repair, and provide~ with sufficient brakesf~gor ~t~,pp.~n~f~ the same as we~l as with prct.~per =.~gnts and signal devices. Every single car, or in case of a train, every motor used on said railroad, shall he fitted, with suitable fender s or a?pliances place~ in fr<,}~t of such car or motor for the Furpose cf removeing and clear ~ng obstructi~ons from the track and preyed:ting any obstacles, obstructions or persons on the track from gettinn under the car or motor, and 'For remove, nS the same out of dan~er or out of the way of such ear ormotcr, Section 9. This franchise shall be deemed to contaiR all the conditions now required by law in addition to those enumerated herein. ~re Section IO. The grantee of theis franchise, its suc~}ssors or assig~'~s~ shall construct s~,r,~ets herein named such portions of its railroad ex,.stoner at the d.,t= of this franchise upon th~ + ~ whereever an~ =honorer w~an~er a~-er the Board of Trustees of the City of Suuth San PRancisc~ shell dete~ine to ~rder the laying an~ construction of any pa~ent , ~ work of reconstruction shall bethereafter faithfully prosecuted anS. actively pursued 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 sucessors or assigns~ shall fail to comply with the provisions of this section, ~less an extention of time is granto~ by said. Board of Trustees this franchise shall immediately cease and determine. Section II. The grantee of this frinchise shall, upon the determination of the fact that it is t is the suceess~l bidder, file a bond r,amning t6 the C~t-y og South Shah Francisco,with at ~e~.~ot two~ ) ~ od and .~ifz ut ~ureties to be appro".'ed by' the Board of Trustees, 'Zn the penal s~n of O~e Thousand ~IO00) dollar~ conditioned that said grantee , its ~uce~sors amd ~sstgns sha~l wel~ and t~lly observe ,'fulfill ~nd p~.rfo~ ea ch and every condition ~ condition of such Bond,then the ~o'~ cf such franchise, and that in case of any ~reach o~ th~ nenal, s~ therein named shall be ~"~-~'~,~ and be deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said Bond: said Bond shall be filed v:ith the Boar4 of Trustees within five(5) daye after this fr~chise is awarded, and before ~.h~. final passage o~ this~ ordinance. Section I,, AT any time after twenty-~five years next suceeding the date of the passage o.e th this ordinance said City shall haw~ the r~ght and privel~ge a~ its option , to purchase the plant and equipment of said grante~, its ~v~ccessors or assign~ by payi. n~ therefor its value _ ~ s~esso r~ of assigns which value shall be the capital investment ~ said mrantee, its ~"- · "Capital investmenl ,~s that term is. usee ~in th~s etd .... an~e, shall be and mean the fair ~e and reasonable value of the plant,i'nc!ud~ng good wi!l, as a going concern havlng regard to its conditions of ~. ' re~.a~r ~nd it~ adaptability and capacity for the business of tr~sp~'~rta ' ~ ,'~ suei~ w~lue no regard shall be had to the cap ation of passengers. ~n the dete~nznat~.o~ of . itel ization of the grant~e company ac representedby the co.~panys outstanding stocks and ~.erenc.. ~_n net earnings but such value shall ~nc~ad~ intrest during construction and any di~e during the first five~) years of its operation between 8% on the capital aetually inw>sted re and the amo~n~t ~ .......... u~,- a,.~.~a-.~.~.l.., earne.~, Ail L~M~ M~D FIXTU.~=o shall be valued at the cost of fr~'~ ~ [ati,~u f:~r ~'wear ~,.~ ob~'~'a-~.~,~ace at the City shall take ~.v,-~ the duction less any dep.~c said property, The method o~ procedeure in determining such valueation shat b~ that set forth in [~aragr~ph b,c,d, and e, of section IZ hereof If the ~t~ shall elect to the p, urchase herein provided for, ~.t shall do so by ordinance adopted by the Board of T ustc within thirty[3OSdays after the !:flee has been determined by the Board pf appraisers prey-- ideal for in section IZ, and given as aforesaid. Said ~ity shall have t~ee 'month~ afZer ta the passage of the oral'[hence in which said election '-o pt~chase shall be made, to PAY T~ PRICE so ascertained, if the Oity shall elect to pur.,nase said grantee its sue ~szon of such property and equipment and maintain cessors or assigns, shall retain pos~ ' same in good condition, and operate tho same ~.s herein specified, and be entitled to ceive the profits arisetng therefore, until t~.~:~ purchase price ascertained as aforesaid ~hal'l have been paid. On the pa~,~t of the purchase price said grante e, its successors or assigns, shall, transfer to said ~.~ta any and every franchise, right and ~ przv~.~ao: perta~..ning to said street railway, to be operated under ,n~s franchise, which said grante~, its success ors or assigns may have or claim. Section 15. {a) If at at the ~¢pi. rat~o~ oF ~"~,~,. :franc~-:ise ~.ai~,.~ '~.~Tty o'~ cuth '~.~a~ ' ~'' ~' "' '" ...... 1 . f','V' " ' .... .... 2' .... '"' ' a .... . ~:_-~i :~".] : of such value no regard s',,''~ to ~ ... ~ ,.=z~ ~he companys capl~'alization as represented by the company's stocks and bonds. [b) Said Board of Trustees of the City of South San Fr~ciaco shall, by resolution,direct ~' Section I£. AT any time after twenty-five years next suceeding the date of the passage of th this ordinance said ,~it..~. stiall ha'v~ the r~g'~t~ and [.rivel~ge ~ its option , to purchase the plant and e,,' ,, ~ ....... o e~.~pment of said grantee, it~ ~n.~~ or as" .... .. s~gno by payin~ therefor its value which value shall be the capital investment :~.f said grantee, its sucesso rs of azsigns. "Capital investment ~s that term is usee in th~s ordinance, shall be and mean the fair ~2~e ~nd reasonable value ~' ~ _ ,~ the plant,including good will, as a going concern having re?ard to its conditions of repair and lts adaptability and capacity for the business of tr~sp~,rta atica of passengers, in the dete~nination cf such value no regard shall be had to the ital izatiou of the.c~-~,~'~,~..,~. ~ company as representedby the co_,panys,~' outstanding stocks and but such value shall ine~d~ intrest during construetic, n and any diOeerenee in net earnings during the first five[5) years of its operation between 8% on the capital actually invested re and the amo~nrt "~ ...... ' ..... ae~,~:~.~l;, earned. All L~E~ fdhd FIXTU~.~o shall he valued at the co~ ~ of fro duction less any~.~e-~ation~.~. f~r :'wear ~-.~ ti:s0~ . ....... .... .~._~ce at the City shall take over the said property, The method of procedeure in determining such valueat.[on shalTM 'b~ that set forth in paragraph b,c,d, and e, of section IZ hereof . If the ~xt~ shall elect to the R~cha~e herein provided for, it shall do so by ordinance adopted by the Board of T ust~ within thirty[Z0~days after the price has been determined by * ~ ~hc Board pf appraisers prov- ided for in sectio~ Ii, and given as aforesaid. Said ~ity shall have t~ee months~ ~°*,~.~.~_ t~ the passage of the ~, ~' ~ ~' ' ~r~.na.~ce in wn~cn said election :~o p~chase shall be made, to PAY T~ PRICE so ascertained. If the City shall elect to purchase, said grmntee, its cessors or assigns, shall retain posession of such property and equipment and maintain the same in good condition, and operate the same as herein specified, and be entitled to ceive the profits ariseing therefrom, until the purchase price ascertained as aforesaid ~hall have been paid. 0n the pa~,~t of the purchase price sa'id grantee its success~ ~ assigns shall transfer to '~' . , , s,~.d City any and every franchise right and prlvilage pertai, ning to said street railway, to be operated under this franchise, which said grante,~, its success ors or assigns may have or claim. Section 13 fa) If at at the o~piratlon o'~ * .... ~ a:~ ~" '-'~ ~,_~ranc~i~ '~'~ .~ty o_ o~th 'd ~ anc~ o ~" ~+"~ ~t~ ~iio~sor~ ~'~" as._~.~,lB, .,. ~ ~iTM~-~ _ ~ ~ O~l~t ~" ~ ~ ~ ~ ......... ~ ~'~ ~'" '" ' , ' ..... '"' ' '-'~ ~ ~ ~ D~ _ ' :.~ ~..' .,.~ ,_... :,~. ~ .... : o~ such no re~ard shall to ~..o companys c ali~.ation as represented by the company's stocks and bonds. ih) Said Board. of Trustees of the City ofo~'+~.. San Fr~oiaco shall, by resolution,direct written notice to be given to sa-~:d grantee, its sucessors or assigns,o~ the ~-~'~ of sa ~ty to purchase at ~a~,~ six month~ ~.r ..... ~ ...... o~ ~' ~ t" t}l~ date ,0" the expiration o= this franchise Within twenty(~O) days a~ter the service ,~_~ such ~:otice, said ~oard o"~. Trustees shaal!~. select two(~) appraisers, a~d sa~d gra~'~t~e , its saeessors or assigns ,shall select ~,~ ~+,~.'~ shall, ~ithin twenty(20) days after their appraisers. The four ay. prai. s.?rs o~ s appo~..t~ ~t, :~elect a -fifth appraiser , The appraisessso chosen shall forthwith proceed ~ +~s franchise determine an~ appraise such value ,as of the date of the expirat:ion o~_ Thc decision of a majority of said appraisers shall be final and concl~ive and shall, ~s soon as made , be given in writing to said City and to said grantee,its sucessors or assigns who shall ~ear equally the e~ense of the apprais~g proceedings. The appraisers shall be permi permitted personally, or by person or persons de?ignat?d by them,to inspect the plant and all records ~coks of account, vouchers, bills ,contracts and doc~:~ents of said grantee, ~ts sucessors o~ assigns ,for the p~:rpose of fully informin~ themselves of such value. (c) ' ~' ~ t? death the party or bo~y su.~.n ~riginal appointment. id;' ie_ said ~t~ o..~.~'"~ elect tc make the purchase herein provided for, ~t' .a~,.~ ........ ~c~, sc by ordinance adopted b~ the ~oard of Trustees within thirty[SO)days after the price has . an~., gi~e~, as aforesaid said .2ity ~'a~ ~ been determined by said Board of aopraisers ~ ~ - ~ ~aree months ~'~ ~ ~ e ~on t p~r,,ha~ ~ shall bo iu which to pay the pric~ th~ ascertained. ~ession o'~ ..... ~,~:~ proparty an~ e~'~uil~ment~ ~..'~,~ ........ ma~.::~tain ~'v~e :~ame in good oo~:~dition ,and operate ~,~ ~t!~,d to receive the profi"s ,:~,l~e~,a there the same as herein a~eif].ed and be e..t~ ~-o ..-,~ from ~til the purchase.price aso,~_,a=,.~.=d ,_~.~re.~ . ~:>~=~d shall have been p~id. p~r,~,~.~ pr~,.,e said ~rantee__ ,~- aucesors and assigz~s shall ~r~n~.n~se,rz~.:.~ ,=,,a privei~ge pertaining to said tra~;sfer to the said City a.,y and every * ~ ~'' ' ~'~ ~ ~.~d grantee its suceosors or ~treet rail?~,ay to be operated render this franchis~ which s'~' assigns may have or claim. ~ect.o~='~ ~ -~ I-i. ~'~',~ said grantee, its sucessors and assigns shall, during~ the term for w~',,,~en~ t~s fr franchise is granted,pay to said City of So,dh lan ?'a~clsco two [2) per cent of the gross ~::nnua! rece'~' ~-.+' or possession ~ the ~ght,priv~leEe er ~p~s arrising from the use, ,.~.~ ...... ~on franchise grunt,~:' in ,:,~etion i of this ordina~ce; prcvidod ho~vever, that no ~,o~--~+' .... shall be paid for t~=~..~ first five {5) y,~ars snco~ding~ the dar=,,., of said franchiae,~ut ~.,~,~.+~'~ .... ~+~. s~h per ....nrao shall bo pai~fl annually on the firsyt d.~t of S~ ~' ~v~ag tracks whie~: hav~:~ been ~c,~on I5. The rai ..... ~.zd down and are now being laid , and are now being operated, by said South San ~rancisco ila.ilway and Sower Company upon any of the streets heretic, set forth shall be taken, considerRd and accepted as having been laid under and by virtue of the rights herei~ granted and as having been so laid down and con.- strutted in strict compliance ~:~!th the provisions l'~f thla~ ordinanc~ an),. the lav~s of the stat~ ?.,ith the provisions of ..... ~.~on ten [IO) hereof. fection I6. in the event that any other street railway line shall be built throu~ the City o f Sou~h San Francisco during the continuance of the franchise herein granted said grahte~ its sucessors and assigns, .,na~.l enter into such agreement or agreements v.-ith the ~rantee o~ any .franchis~ for such other line for t~e,- exchange of transfers as shall be fair and ov st at ' . equitable ,having regard to conditions v;hich .... all exi such t~.me Section I7. A book of tickets for the transportation of pupils ~der the age of s~teen years in goin~ to and from public schools shall be sold for fi .,_~50) cents,~ach book all records books of accmmt, vouchers, bills ,cemtracts and doc,~nents of said grantee, sucessors o~ ~',~ ..... g.~ ,for the p~:rpose o~ ,~a;ly -[nfo~ir~ themselves of such value. {e) 'r,,, vacan~ ,'~,- vacancies occuring ~+' ' ~-" . .... ~.~ any time in ~a~d Boa:'d of ap~raiscrs ,by death, the~a~. rS;,', or body such original appolntment.. If said City shall elect to make the purchase herein provided for, it shall do so by ordinance adopted b~ the ~oard of Trustees within thirty[ZO)days after the price has been determined by said Board of appraisers and given .~ ~" . a., aforesaid said .~ity ch~l~ three ~-~n~hs altar the passage of the ordinance wherein ,~ '~ e,~.~on t,~..~ purahase o.~_~-~ bo ~u which" to pay the. pri,-a.,, tbs ascertaine4. Said grantee,its sueessors or ass',~'~~' h "' ' lo,.o s.~ai~ retain session of said proparty and equipment and maintain ~':he same ~r: good cox~dition ,and operate the same as herein specif,_ed, and be entitled to receive the profits ariscing therefrom ~til the purchase price aseertalned as aforesaid sha!] have been paid. [e) O~ the pa~ent of such purchase price said grantee,its sucesors and assigns shali~ transfer to the said City any and every franchise,right and prive!Rge pertaining to said ~treet railway to be operated ~der this franchise which said grantee its suceesors or assigns may have or claim. Section I4. The said grantee, its sucessors and assigns shall, during the term for which t~s fr franchise is granted,pay to said .~ ~ of ~ou,h an F a'.~cisco two ('~,~) per cent cf the gros~ ~:~nnua! receipts ~rr~sing from the use, operation sr posession o~ ~he right,priv~lere cr franchise grsnt<'o in section I of this or5inance; prcvided ho;vever, that no ?ersantage sha].l 'se paid fcr the first five ~5) years suceeding the date of said franchi~e,Sut tkereafter s~h percentage-' o) ..... 1 bo paid '~'~ ~ ~ a~,.,ua..y on the firsyt day o~ Section I5. The railway tracks whick have been laid down and are now being laid , and are now being operated, by said South San Francisco Railway and Tower Company upon any of the streets here~n set forth shall be taken, considered and accepted as having been laid under and by virtue of the rights herein granted and as having been so laid down and con '' ~ ~a,..s of the stats of strutted in strict comp~anc~ u'ith the provisions ~ this ordinancs an~:2~ the ~ -' C~.lifornia;provided, hou'ever, that ncthi~g herein ~$$~$;7 SH~L BE DEE~.DXD T0 u'ith the provis:i, ons of section ten [I0) hereof. lettish I6. In. the event that any other street railway line shall be built throu~ the City o-f gou~h San Francisco during the continuance of the franchise herein granted, said grahtes its sucessors and assigns, shall enter into such agreem~nt °r agreements with the ~rantea of any .franchise for such other l~.ne for the exchange of transfers as shall be fair and equitable ,having regard to conditions which shall exist at such time. Section I7. A book of tickets for the transportat:ion of pupils '~.der the age of s~teen years in goin~ to and from public schools shall be sold for fift~(50) cents,each book zo contain twenty(S0) tickets and shall be receive8 by said grantee, on its street railroad ~,,~o.~,~,..,..~, the hours of 8 ~.~. and 5 P.![. during the days in which said public schools arc /_n session. C Seetio~i~ I8. Enid ~rantee ~[~ r~,u~r,~,'~ T~i~ file ~n the off~e of the C~ty clerk of said City o~ Pouth San ~anoisco an acceptance inwriting of the pro~isions of this ord~nance ~der i~s ~o~,ora~e seal, within thirty ~0) ~ays after ~he final passage of this ordinance and the pro~isions of th~s ordinanc~ shall be taken and deemed to be a contrac~ between said City of South San Fr~cisoo and said grantee from and a~ter ~he date on which it shall take Se~icn I9. ~his ordinance shall be published once i~'~heEenterpr~sc", a week~newspaper ~ublish~d and circulated inth~ City of South San F~ancis~o , and shall take effect and be in force th~.rty($O) DAYS AFT~t ITS i~ASSAGE, provided the acceptance mentioned in sect[on in section I8 hereof shall have been filed with the Ci'y Clerk,otherwise said ordinance shall be null void. and of no effect. The City Clerk i~s hereby directed to publish in th~:. ma~er an~ form required by an act of the Legislature of the State of Californim ,approved ~arch SE, I9~,and entitled "f~ act providing for the sale of street railroad and other franchises in Counties an d I.~icipalities , and providing conditions for the granting of such franchises by the legislative or other governing bodies ,and repea]..~ng convicting act'~s, for, four(4) ~weeks in ,"The Ente~rise", a weekly newspaper printed ,published and circulated in the City of South ~an ?rancisco, and hereby designated for that purpose, and a notice that ~t ~.~ the intention o~ said Board of Trustees to sel%,grant,said right, privilege or fr~chise to the peri, on,firm or corporation, who shall make thee highest cash bid therefor upon the terms and conditions hereinbef ore set forth end that the sucess full bidder for sa~ right , privilege or franchise shall ~'~thin five days after s~.id r right ,privilege or franchise shall have bee~. str~c~ off, sold and awarded, file a bond running tc the C~ty of South San F~cisco,v~ith at least two(&~ good and sufficient suritie~ to be approved by sa].,~ ~oard of Tr'astees, in the s~i of 0~e Thousand {i00~) d~,!iars , con- ditioned ~f$~$~-$~ Tllkf 2UCit BiDDE~ Z?~L L'ELL Ai~D TP. UELLY observe, fuldi!l ~nd perfo;m ..,a~h and e ~rm an~t conditLo~-~ cf ~,aid ~,-i~.ht privilege cfr ~o~,:o~ and theft in case of any breach of condition of such bond the whoIeamount of the penal s~mm therein named sha!l be tak~n~ and deemed to be ]~u$~dated damages and shall be recoverable from the principal and sureties upon said bond. i hereby ~ert~~. ~ ~ that the foregoing ~esolution was regularly introduced and adpted by the Board of Trustees of the City of South San Francisco on the 6th. day of February IBI ~, by the followin~ vote; Ayes, Trustees ,~. W. Hoiston, J.C. Mc Govern, and F.A. Cunningham. /Noes, Trustees None · Absent Trustees T.L. Hickcy, and J.H. Kelley. W~lliam J. S~it h Clerk ofmthe City of South Z~ Francisco. C ~.ioved by Trustees ~,~c Govern seconded by Trustee Holston that 'the Board. adjourn until, ~,ionday, February, I?, I913, to meet at ~510 ~inden Avenue at 8' 0 Clock P.~,[~. Carried Time of adjour~nent 10 Respect fu!i~/ ~ubmitte V,~illiam j. Smith ~ y Clerk