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HomeMy WebLinkAboutMinutes 1915-07-26 Regular ~,djourned iieeting of the Board off '~rustees off the City of South S;:n ~ranci soo ,held ;lond,:,y July,~Oth. 1915. This fleeting was called to order at 8' 0 Clock ~.t[.,by TrusS~e J.G, ~[e Go~ern whn acted as Ohairman ~rotem in the absence of Tru?tee G,W. tiolston "~re:~ident of the U:oaro~,, Roll-call ~ o_~.~-call foun~ t;~e fol.~owlng Trustees,present,to ~it, v.n. Cunnin?~ ~m,~,.G. f[c ~overn and O.H. ,,allace . Trustees ]Eel!er an d~ latch appeare~ a~t.r roll-call. ~ne readin~ o~. t]~e minu~es o~ the previ ~us meeting was disl~ensed with. . . ~.ro.~ the Soutl~ S'_:n Franais{o 2he followtii~ a~ plication for a ~anchise v-as receive~l ~ ~ ' Railroad ~ Power Company. "'o the 5card o~,_ Urustees of the Cl~--~ oz~ "coach' ~ S n Prancisco: Gentlemen: The © ' ~ ,.~o~,~.~, ,~an }ranoisco Railroad and P8wer Campany a corForation organized under the laws of the State of California,hereby makes application for, a franchise to construct maintain anf operate a sinf'le or d :ul>le track standard guage railroa8 h~ th~: ~t'~ o~ t~uth o~ ' "tare of 3~iiforni~ * _ ~n ~rancisco,County oc San ~ateo, ~ ,~oa~,ther with ~-'~,he neees:~ar curves, sidetracks, switches, crossovers, ~orn~uts and connecti~ n.~ ov~:~r sad ~,lon~ f .ollowin~ streets: Conmencing on :,armnd 2venue at its intersection with ,:hes~nut Street, and connecting with the the existing ~azl road tracks on said street,~h.nce westerly alon~ the proposed extention c' Crand Avenue t~ tm- westerly !i~its of the City of South San 2ra~cisoo. The tarms and conditions of the fr,nchise here]? app!ie5 for shall he the ss. me as those contoine~ in ordinance ~o.d6 o~ t]~e Boar{~ .~ Ur';stees o ~ the C:.ty of South S.:~h E:'ancisco ....... . , _ ~,~ ~,o ¥,h~a~ r ferenee is hereLy ~ ,~,zl,,. pas?,ed c:n~ ~2-proved ou 1].e flat r~ay o~ Aris'ii,iD'~ ........ e made,~ .... ,, ~.; e~ception ~z~t :-~, [}o'uth ' =ranc;sen _,~.i!road and Pov, er Company shall 'e!;?'cen 1:}~ tracks with maondam.~he strip tv:o feet autside of the o:tter rail shall be of th~~ a~.me material v'%*'~ ~. · ~ which '~ '- Lalanae of the st:"eet ir caved y L'~' South S~.:i Ra!lros" a~d Pov-er In :-ere?once to .... ~ ;,~ above ai::.'~,:._~,~atio~'~ ~l~o, ~ollov;ins_ rc~oluti.,)a .... v:a. then t:~trod'tce6 !i%erer's Soath Z n Francisco Railroad~'.~,:~ Farter. Company, a Jot .oration or?aiiized ai15 i:l~ ~ln~er ~lme laws o~ ~'~e "~ate o~ C~!ifornia,has made :?pli(~ation for tko right,.srivela~'e, ail: : ra.~lCxlSe o _. O,~.lOllOtl:lj,~lr:.L:lt~i.lilg ail(! orerat.i_nC a ~i:if'-!e or 6otti:le tr,:ok r'a: ? ro ~.. . . a r,~e an8 r,n c .... thereon for the a:a~? ~- right,i~rivelase and nermission to pas %vith,opa ~' v- ~'s carriage qnd trana~:artion o.ffao, °sen~nrs for hire,_nropelled a,~d op~::rated by electricity, ~a,~oline,o7 ~n2f ].ant I motor ~:ower,except ?~eam,horses os' rl~!e?,~,,~u~ all overhead . . ~ec,~,an~,~a~ appliances, an d u~qerground wires and all electrical and - ~', ~-. ~ - Rosolved ]",,, t?:e 2aard o~ "r~stees .~,'~_ t!~e 3'~',_u,~ o~ S"~ut~ S~'n Pranci~ao,~, thst is *~.e Lntentiou of said Board o~ rustees to ~" ,, . ~.r~n~, ~n~~ ,ell s;'td right ,priw~ !age a~d ch~ ~ ~ ~'- ~,:~e to t}~e person,~%rm or corporatio:t v-ho shall make uz~e hi~heat cash bid therefor,el:On tl~e ~ o __ ~n~ folloving: ~erm~ an~d conditions %et forth in ~ ;.{0 ~ I~ U~_ ;LFZLI C 2? ! Trustees Xet!ey r~n d~.olston api, eareo ~,L~.~ roll-call. ~'~ . e~i!%,~ was disl~ensed with. =~e readinf of the minu~es of ~he previ us -n ~ ihe followii~F a: pll<'< at i on for a franchise vms receiver from the SoutL Snn Francisco Railroad~ Power ~'~ompany. '-o the Board o ~ Trustees of ~he C;~-- f o .~ ~ ._ oj o ,~oa~h S n Prancisco: ~entlemen: The ~ ~ ~ ~.~o~a ~an ?rancisco Railroad and P~wer C~mp~y a corForation organized under the ~aws of the State of California,hereby makes aDplication for, a franchise to construct maintain an~ operate a sin~le or dufi~.le track standard guage railroa~ ~t~ o~ ~uth S~n ~rancisco,County o~ San ~ateo, State of ~,- . ~ ~iforni~,tocether witk the nece curves, sidetracks, switches, crossovers, 'ornouts and coanections '~O ~ ~ ~lowin~ streets: Commencing on T. rand 2venue at its intersection with ~:hestnut Etreet, and connecting with the existing ~ail road tracks on said street,thence westerly alonc ti~e proposed extention c'f ~rand Avenue t~ tm- weste~rly !i~its of the ~lty of ~o~l~h San Tr~eisco. The terms and conditions of ~he fr,~nchise hotel? app!ie5 for shall he the s~'me as those coiltqi]~e,[ i~l ordina~e ~o 66 o~ t~e ~' ~ ~ ::n~.~l ~ :~assed E~nd ~>pproved o~ ~]~e fl~. ~a/ ~ kp~'i!,_aOzo to aaA.,h torero;ice is here~y made, ..... ~, ~.. exception that I;]'.o ........ ~ ...... , ob. Z~, fY1:0 feet nutside of the o:;ter rail shall be of 1, a~ a~me material ruth v'h' ~' *' ~ ~' ..... ~ luti ' then ~;~troduce~ by In reference to , ~e ab~,we ai'.,',~icatiou t~Lo ~ollov:in,.. rcso ..)~; X$~ereas South ~' ,:. n Francisco Eaitroa¢ ~:..? }'ovm:r Company, a 2or oration or¢'anized lug ~nCer ~e laws ~ ,~ Uiate of C~!ifornia,has made :~q~li<~ation for ~,:~e ri~ht,frivelage anJ -franchise of oo,~ductinE~,-':rt~ntai,~iug and operatin~ a ~i;];"'le or douLle tr~ok ara guaFe , tO/re~ie~' ~"it~l ']~'~ necea,-:.-r~, ollrve8 ,comes , ,~ es a:a(~ t]]~: right,privela~e and permission to pasa with, ' ~' = " . op,ra~e a~;(~ r],n ca~'s thereon cot the carriage ~nd transyortion of passen~nrs for hire,propelled a,td op,:~rated by electricity, ]aso!ine,or ~:%,f o~z~er ].~¢_ I motor ::ower,except ',team,korses, os mu!e:~,~,,i--''-*uzz ali overhead an d unfierground wires and all ~ e ctrical and mec, r~a~,ica~ appliances; Rosolvea l'-, tl:e_$,oard ,,~ t'r':stees .$~,_ t]~e ~"lu, o~ S'-~:tth Sr:a ?-ancisco thst it is t!.o intention of said Board of Yrustees to grant ~n(: sell ::,:'iff right,priw:,iage and frsn ' '~ , . o,,~.,! make the hi,~hest cash bid therefor,upon ahzse to tae person ~irm or core, oration rko ~' tko terms an~d conditions <~et Forth in ~;-: fo!Icy'ins: NOTI ~ T0 2iiE B0~iD 0P iRUSTEES ')v" ..... ~T'~ o 2 ' "~ ..... ,To ,, o--, ....... .... ~4~_ is hereby given that, o, the 26~' ;~ '" ~ ' .... n r,,r' ~ '~ July 1Ol~,, So-~th n '.Francisco ~,,ailro,~.d and Power Co??any, a Corporation or~ani~ed ...... ~:nd exi~'tin~ under the lav~s o~ +~. State o~.~ ~CaI- i~ornia ~ade ~-~ written app].~ca~[¢i~~ to thc Boar¢ ,~e~, _ 2:'~stees of tile Franr'isco,a municipal corporation in ,.: r ~ ~11~ the grant ce a certain rzght,privela~ve anf franchise upon the yerms and con.,~tions et forth in a chraf~ ordinance,, a copy of which is in the ?'eras' and fi~zr~s, fol!ovdnS~, to wit; STREETS: , ~ all ma~ters acts ~, :~ ,~-~no thinss pze;,edent to t'~ sranting of ~he ffranehise hereinaftez set '~ " ' ' e .. ~o~ ~s~e heretofore ~ap~ene~.been ~on, &nd ~-:e:Zo~med ~ 6ue for~ o~ Paw. ,~o~h Sxn ?r~o~oo ao o~d~n ~s ~o~to~.,s: ~e Foa?d of ~us~ees of ~he O~y of ~ '' Sea,Son ~. ~ha~ ~he'e ~8 ~a~eb~ ~a~e6 ~o SURJECT ?0 ~"'~ TEo;rS f~D ~ '~' · ,~.~ ..... ~;O~ITIO,~S hereinafter made expresse~the right,privelage and fra~ 3hise of conducting,maintaining and eperating for a period of fifty years from and after the date on which this ordinance shall become effective, a single or double track railroad of standard gua,~e except as herein stated,together with tke necessary curves poles ,wires a~opliances an~ a~purtenances and t]ie right prtvela~e, ...... a,~ er';iission +o pass with,o:-~erate and run ears thereon for the carriage and transport2tion off passengers for hire,propelled m o t i v e '~' .-asozx. ne,o a ~zer lawf:i] coy;er exeet}t steam and ot~er~",.'ed.. ~y?' electricL~,y,~-_ . '~' r liN_ ,:~t' _ .. ,,,orses or m':]_es ,.'-':t: a 1' overhead and uuCerground, hires, a;if ot},er r!cct~ir'al a:id mocha nicle apf!ia~es except what ~s ~e:ierally iio~i and cai!ed ~ ~ **'- ~,,e ~]i:~rd 2ail Syst~", sritch,?s$ side-tr¢,c¢,,; spurtracks_ ~a~':'~ e~t:~,ne:'it_ %r t'.e same and tke r']_Lr,"~, prtvnlace and Fer-,:iss ion to excat~;,e and zemove such ,,crt]ems of t'::e streets,alleys a"iq otherr]aces in s¢~' ~ity o ..~., ~, -' ~t~., of Fran cisco to ?.e oocupL~ Zy any of !.ts tracks aii,;, i:.olea,as may Le necesnary to properly construct r~'~;d~, r~,i!r,..au,~'',and to erect all leed~.~'?~ a paratus and otker a~:pliances_ properly and f~i=ly to eucuip,opera'F~ . and run i=s_ ~..~ai~ .ailroad over,along and upon ~=,~ followin~ street .... _ ~ ..... ~ollov, s to wit, l}l ~f~d 2 OL ,,u,~h S~YI :~'2'anol~,O~,~ ' ~' ,. _ o n i~ateo, State o , as · "ommeneiri~' on '::'anJ Avenue at the e~ste?'ly lin(~ o~ '~'-' _ ~,~atnut Avenue [~11( ,,ontiiRlei?i6? thence -' ~ cl of liss ~iiont: and Aventte · '-"- ,h.. " - ~'- ~ . v,.e~,:,,' r!y to '- ~ ~,o~ th.~etauerl, line ~ io~ Eoad. Leation~. zhe foregoing frann]lia g ~grant~ , priveianes and pernissions are ,2~c.e on ~, fol lowins eonOitions,t3 l{',eo+~-~v '.uN!led '-"" _ .. , .........~ ~o ,..i~}i by said ~ - ~ , ran~ee its sticesfiors and assigns, to wit; ..... . ~; u~.~]_lslied grade, whereever ,~'raues have ~z~c track she.L1 be laid to conform to ~ke es~ ~ ' been established,and in other oases o: ~:,. ;,atur..z grade o'f the street. In the construction o~ switches and sidetracks,or a doubl~ track, uhc trac~.~ must have space between them sufffic- lent to al. low cars to pass each other at a distance of not less than two (2) feet. ~he tr~c]~s must not ..... L, 7ore tha~ five (5) feet wide ~TEt~n ~ohe rails Said rainroad_ shall be constructed a~ nearly as poss~Lle in the middle o~ each of said street or highway 2ut 7!th :,., riFht to convert an~ single track rai!ro~d .to ~sl;:~ 'tuteo lle?elic~cr irate a double t~f;,ok r~:lr ~, of ~ike e,arao~er,whenever, in the opinion Of said gran~ee, its sucessors or assigns ~ublic convenience shall require such change; provided ,however ,~hat when such change from single track to dohb!e ~raok is made the track must conform to the lines of the stree~ or highway and be placed at ~ equal distsnoe fro., the center line thereof Section 5. ag, md Ciby of Sgmth ~P~anoisoo reserves the right to alter Or change the grade said es~reet ~o pave and repave aha otkerw~swe &m roxe the stre,,t vithout having to fay STREETS: I%~EREAS all matters ,acts,~n{~ $hinzs pre~.edent to She ~rantin~ ~0f the franchise ~.oruh have heretofore h~ppened ,been done and i-:erformed in due form o~ law, The ioard of Trustees of the City of,~°~-~x~. San Pr~cisco do ordain as follows: Section 1. That the-'e is hereby granted to the SU~JECT TO '~'~=~.: TE~rS~-.. J~D ~O~ITIO~S hereinafter made expresse~th~ right,pr~velage an8 fram ohise of conducting,maintaining and eperating for a period of fifty years from and after the date on which this ordinance shall become effective, a single or double track railro~ of standard gua~e except as herein stated,together with the necessary curves poles ,wires , ~ a,~ eruission to pass with,o~serate appliances anf a~purtenances,and the right, privela~e, '~ and run cars thereon for the carriage and transportstion of passengers for hire,propelled ':u 0 t i v e and a~ers:',.ed ~yr e!ectric~ty,.-~soline,or ant other la~vfu! ;~ower e~-,~r,t steam,horse~ or a.l overhea~ and ~,,.~erground wires, xn~' ot}~er e!cet~i~-'al, and mocha nicle apf!iances except what ~s generally ~o~ and called t~ "Third ~,a~l Syst~ , sritch,?s$ side spurtracks and e~:~ne:'~t ~. r t'~e same and tke right prays!are and per:qiss ion to excax~,,e and remove such ,,ortlons o~ t'}.e streets ,alleys and otherrlaces in ~-~f ~ity of ~ ~ · ~-~ pole may be necessary to froper!y coastruct cisco to ?.e occup}_~-d ~y any ,,f l. ts t~ac .... an,:~ s,as ?~d r~,i!roa~,an~~ to erect a!~ need .... aparatus and other appliances properly and f~ly to euquip,opera ~ and r.n i~s sai. d .ailroad over alons amc upon o.u,' followins sur~et zn sa~d Sit~,,~. of ,.o~.th S~n x~anc~cg,~outny of o n ~ateo, State o~_ a_ifornia, as ?ollows~ to wit, ommenoin~' on ran~ ~,enue a~ the e~sterly, lin~ o~ 3h~'atnut Avenue ~:'~ <.ontinueiur:_. thence ~l io~ along q-~and Aven~te wes't,~rly to ,,h~. Xo:~theasterl[. line of ~ ss cation ~. ~he foregoing = ...... hia~grant~, priveia~es and permissions are matte a~ on ~ fol lowing con~itions,ta ]:~e strictly tomN!ied v'ith by said grantee its sucessors and assigns, to wit; Thc trsck shall be laid to conform to tko estaLlishefi grade whereever ~rades have ~!- been establ, ished,and in other ease8 o.~ ~,. ~at'zr m ~rade 09 the street. In the of switches and sidetracks,or a do~bl' track, 3he tracks must have space be ~,eeh~ -' - them suffic- ient to allow cars to pass each other at a distance off not less than two {2) feet. ~he tr~cks must not ]:e ~'~cre th~ five {5) feet wide ~TEI~n the rails Said railroad shall be constructed as :~ear!y as possiLle in the middle or each of said street or highway with tho right to convert an~ single track railroad ~o ~st_~'~ute{~ l~ere:~:x~r ~mto a double t~x~ck ra~lr., o like of said - ~ c,',arao~er,whene~er, in the opinion gr,~n~ee, its sucessors or assi~s ~ublic convenience shall require such change; pro.ideal,however,that r~hen such change from single track to double track is made the track must conform to the lines of the stree~ or highway and be placed at ~ equal distance ~ro: the center line thereof , Section 5. Said City of South ~an~aneisco reserves the right to alter or change the grade of said es~reet to ~a~e and repave and otherwiswe i~prove the stre-t ~ithout ha~ing to ~ay the cost of readjusting the railway tracks t~ the requirments of t he new impro~ents Said~,t:~ also reserves the right to const~ct sewers, lay water or gas mains, and e ' s ~.lish remove or readjust any other fixture of a public nature in, under or over sad8 strec~t with- out being liable to the company for any necessary interuption in street railway troffic. Section ~.S~id ~rantee its sucessors anc~ assigns,shall at its o~vn expense pave or repave uacadamize or remacadamize, gr~de or regr~de the entire lenght of the ss~id streets used by it~ tracks between the rails thereof, an~ between the tracks where sidings or t~o tracks are laid, for a width ex tending ~or two ~E) feet on each side of each track,with the same material as may be used for such purposes by the City of South S~.n ~rancisco,except however that within each track an~ for a ~istance of at least six ~6) inches on each side of each track basalt blocks or molded bricks may be used and under the same supervision and and specifications an~ in the same manner as upon the avenue or street over which said railroad runs,or the tracks thereof are laid, an~~ shall keep the same constantly in good re pair and flush with the surface of said street;provided however, that during the five years ne×t following the date ~f the passage of this ordinance, and no longer, said grantee its sucessors and, assigns,may use what is commonly known as w~ater bound macada~having a thickness of at least seven inches,in constructing its pavement between the rails only, At the expir- ation of said period of Five years said ~rantee,its ~sueessors and assigns shall pave the area between the rails w~th the same material with which the other portions of said street are paved an8 under the same specifications. , In the event that said grantee its sucessors or assigns shall exercise the right and priv elage herein gr~.n,ted to construct a double track railroad after any paving or repaying, macadamizing or remacadamizing, has been done along and upon s~-~_d street,by or under the ~irection and supervision of the Board of Trus~.tees of the City of South San Francisco, said 7rantee,its sucessors or assigns shall make reinbursment in the manner following to wit; If the cost of said improvmentds has been assessed l~l~on the lands abbutting on each side of any of said streets,reimbursment shall be made to the owners of said lands, one- half of the whole amount of such reimbursment shall be distributed among the owners of said lands abutting on either side of said Avenue or street,according to the front foot method In the .event that ~aid work of improvm~nt shall have been p~id. o~t of the treasury of the ~ity of South San ?rancisco,such rei~nb~rsment shall be made ~to Sa~d Gity~,..].~S~h reimburs- ment shall be made for the entire lenght of said paving or repaying, macadamizing or re- macadamizing~ between the rails of said additional or second track and for a width extending for two ~21 feet extending on each side of s~d track and for any additional distance b~tween the tracks then on said Avenue or street. ~ ~ection §. The rate of fare for any dist~nce along said railroad within the corporate limits of said City of South San Francisco,or between any point on said railroad as now operated and H~ly Cross Cemetery, shall be five (~) cents for one.passenger. Section 6. The overi~ead wires used as electric conductors shall be h~mg from cross-wires properly insulated, and shall not be less than eighteen ~18) feet measured vertically from the surface of the street, and shall be supported by double lines of poles, one on each side of the street. Section ?. Whenever the grantee of this ordinance, its sucessors or assi~s, shall cut into or displace any of the streets or other places in the City of South San Francisco herein before named,for the purpose of making any re~aiL,"s ~hereto o~to the equipment thereof, it shall ~estore all such streets or places t~o their former condition . Section 8. Improved construction shall 6e used for the ~squiDmen~'~ ~o~ said road,and all cars to be used shall be of improved pattern and construction for the comfort and con- ventence of passengers, and shall be kept in good repair, and provided with sufficient brakes for s~topping the same, as well as with prot~per lights and signal devices. Every Rowever t~hat Within each track and for a distance of at least six ~6) inches on each side of each track basalt blocks or molded bricks may be used and under the same supervision and and specifications and in the same manner as upon the avenue or street over which said railroad runs,or the tracks thereof are laid, an(:! shall keep the same constantly in good re pair and flush with the surface of said street;provided however, that during the five years ne×t following the date ,~.f the passage of this ordinance, and no longer, said grantee its sucessors and assigns,may use what is commonly known as ~Tater bo~md nacada~having a thickness of at least seven inches,in constructing its pavement between the rails only, At the expir- ation of said period of ?ive years said Frantee,its ~sucessors and assigns shall pave the area between the rails w'th the ss, me material with which the other portions of 'said street are paved and under the same specifications. , In the event that said grantee its sucessors or assigns shall exercise the right and priv elage herein granted to construct a double track railroad after any paving or repaying, macadamizing or remacadamizing, has been done along and upon s~id street,by or under the direction and supervision of the Board of Trus~.tees of the City of South San 2rancisco, said 2rantee,its s~cessors or assigns shall make reinbursment in the manner following to wit; If the cost of said improvmentds has been assessed ~pon the lands abbutting on each side of any of said streets,reimbursment shall be ~ade to the owners of said lands, one- half of the whole amount of such reimbursment shall be distributed among the owners of said lands abutting on either side of said Avenue or street,according to the front foot method In the .event that 6aid work of improvment shall have been p~i~. o~t of the treasury of the City of South San Prancisco,suoh reimb~rsment shall be made "to sa.id~ ~ity~,.~.~S~Oh reimburs- ement shall be made for the entire lenght of said paving or repaying, macadamizing or re- macadamizing~$ between the rails of said additional or second track and for a width extending for two ~2) feet extending on each side of sa~8 track and for a.~y~ additional distance b~tween the tracks then on said Avenue or street. - Bection §. The rate of fare for any dist~nce along said railroad within the corporate limits of said City of South San Francisco,or between any point on said railroad as now operated and H~ly Cross Cemetery, shall be five (5) cents for one passenger. Section 6. The over!.~ead wires used as electric conductors shall be h~mg from cross-wires properly insulated, and shall not be less than eighteen Il8) feet measured vertically from the surface of the street, and shall be supported by double lines of poles, one on each side of the street. Section ?. Whenever the grantee of this ordinance, its sucessors or assigns, shall cut into or displace any of the streets or other places in the City of South San Prancisco herein before named,for the purpose of making any re~ai~,'s thereto o~ to the equipment thereof, it shall ~estore all such streets or places t~o their former condition . Section 8. Improved construction shall ~e used for the ~-~equipmen~-~, ~o~ said road,and all cars to be used shall be of improved pattern and construction for the comfort and con- venience of passengers, and shall be kept in good repair, and provided with sufficient brakes for s~topping the same, as well as with pro~.per lights and signal devices, Every single car, or, in case of a train, every motor used on said railro ad, shall be fitted with su. itable fenders or appliances placed in front of smch car or motor , for the purpose of reproving aud clearing obstructi~s from the track and preventing ~y obstacles obstructions '.~er' pmrsons~,:~an th~ track from getting under the car or motor, and for re- moving the same out of the way of such car or 4motor. Section 9. This franchise shall be deemed to contain all the conditioms now required by law ,in addition to those enumerated herein. Section lC. The grantee of this franchise, ~ts sucesso rs, or assigns, shall begin ~o construct the portion o~ its railroad provided for in this franchise upon the street herein named, whrnever the Board of Trustees of the City of So~th San Francisco shall deteruine to order the laying and construction of any payment on said street. ~uch work of construction shall be thereafter faithfully prosecuted and actively pursued an~ carried forward to completion within such period of time a~ may be reasonabl~ li:uited for the completion of th~, work of pavin~ hereinconte~plated , I~ the sai~ grantee, its sucessors or assigns, ~h~ll fail to compl~ with the provisions of this section ,unless an extention of ti~e is granted by said Board of Trustees , this franchise shall immediately cease and deternine. Section ll. The grantee of this franchise shall, upon the ~etermination of the fact that it ia is the successful bidder, file a bond running to the City of South San Franc ~co ,with at least two(2) good ~nd sufficient sureities to be approved by s~id Board of ~r~mtees, in the penal sum of One Thousand ILO00) ~ollars, conditioned that said grantee, its successors or ~ssigns, shall well and trul~y ob~erve, fulfill and perform each and every condition o'~ s~i~ franchise, mud in case of any breach of condition of such bond, tLen the whole of the penal sum therein named shall be taken and deemed to be liquidated damages, and shal~ be recoverable fro~ the principa~ and sureties on s~ bond~; said %ond shall be filed v~ith the the Board of T~ustees within ~ive days after the franchise is av~arded, and before the finsl ~assage of this ordinance. Sect[on 1£. At any time after the ~,en,,~-five years next succeeding the date of ~he passase of of this ordinance said City City shall have the right and privelage, at its option, to purchase the plant and equipment of said g~antee ,its cuccessors or assigns by Paying therefor it~ value, which value shall be the Capital investment of said g:antee it8 successorsor assigns "Capital investment ", asa;the term is used in this ordinance, shall be and mean the reason- able value of tlc plant, including good will, as a going concern, having re~ard to its condition of repair and its adaptability and capacity f~r the business of t:'ans~o~tation of passengers. I:~ the deter~uination of such value no regard sh~ll be had to the capital- ization of the grantee company as represented by the corupanys outstanding stocks and bonds, but such value shall include intrest during const?~ction m~d any difference in net earnings during the first five years of operation between 8y~ on t;~e capital actually in invested and the amount actually earned. All land anfd fixtures shall be valued at the cost of reproductio~ less any depreciation for wear and obsolescence at the time the City shall take over the said property. ~he method of procedure in deterz~ining such valuation shall be t~at set ~orth iu paragraphs ",b" C" D" and"E" of se,~tion !3 hereof I~ the City shall elect to make the purchase herein provided for, it shall do so by ordinance a~opted by the Board of Trustees within thirty (ZO) days after the price has been determiu~ed by the Board of appraisers provided for in section 1Z and given as aforesaid. Said City shall have three (Z) months after the passage of the ordina~ce in which sai~ election to purchase shall be made, in which to pay ~he price so ascertained. If the City shall so elect to purchas$ , said grantee, its successors or assigns shall retain posession of said prop erty and equipment and maintain the same in gmod condition, and operate the same and operate the same as herein specified an~ be entitled to receive the profits arising therefrom, the layin~ an¢~ construction of any payment on said street. ~$uch work of construction shall be thereafter faithfully prosecuted and actively pursued an~ carried forward to completion within such period of time as may be reasonabl~ li~ited for the completion of th~~ work of paving hereinconte~]plated . If the sai~', grantee, its sucessors or assigns, ahall fail to compl~ with the provisions of this section ,unless an extention of time is granted by said ?~oard o-f Tr~stees , this franchise shall immediately cease and deters'aisle. Section 11. Uhe grantee of this franchise shall, upon the ~letermination of the fact that it ia is the successful bidder, file a bond runninc to the City of South San Francisco,with at ]east tv;o~2) good and sufficient sureities to be approved by said Board of Trustees, in the penal sum of Oue Thousand ~1000) or ~ssigns, shall well and trul~y ob~erve, fulfill and perform each and every condition of said franchise, sand in case of any breach of condition of such bond, then the whole of the penal s~mm therein named shall be taken and deemed to be liquidated damages, and shal~ be recoverable from the principa~ and sureties on ssA~ bond ; said ~o.ud shall be filed ~ith the the Board of Tnustees within ~ive days after the franchise is awarded, and before the final passage of this ordinance. ~ . '~e ~,en~,y-five years next succeeding the date of ~he passag~e of ~ect~on 1£ At any t~. after the of this ordinance said City City shall have the right and privelage, at its option, to p~rcha~e the olant and equipment of said g~antee ,its cuccessors or assigns by paying therefor it~ value, which v~lue shall be the Capital investment of sai~ g~antee it8 successorsor assigns "Capitsl invest~ant ", as~the term is used in this ordinance, shall be and mean the reason- able value of t)~e plant, inelu~ing good will, as a going concern, having regard to its condition of repair and its adaptability and capacity f~r the business of t~ansD~o~tation of passengers. In the deter~uination of such value no re~ard sh~ll be had to the capital- ization of the grantee company as represented by the companys outstanding stocks and bonds, but such value shall include intrest during const?~ction s~d any difference in net earnings during the first five years of operation between 8~ on t~e capital actually in invested and the amount actually earned. All land anfd fixtures shall be valued at the cost of reproductiou less any depreciation for wear and obsolescence at the time the City shall take over the sai~ property. ~he method of procedure in determining such valuation shall be t~at set °orth iu paragraphs ",b" C" D" and"E" of se~?tion 13 hereof I.~ the City shall elect to make the purchase herein provided for, it shall do so by ordinance adopted by the Board of Trustees within thirty (Z0) days after the price has been deter~uiu~ed by ~ ~e Board of appraisers provided for in section 1Z and given as aforesaid. Said City shall have three ~Z) months after the passage of the ordinance in which sai~ election to purchase shall be made, in which to pay ~he price so ascertained. If the City shall so elect to purchas$ , sai~ grantee, its successors or assIMns shall retain posession of said prop erty and equipment and maintain the same in gmod condition, and~operate the same and operate the same as h~reln specified an~ be entitled to receive the profits arising therefrom, until the p~mlra~hase price ascertaine~ as aforesai8 shall have been paid. On the paYment of~he purchase price sai_d grantee its successors or assigns, shall shall transfer to said City any and every franchise, right and privelage loertaining, to sai~ street railway to ~e operated ~nder this franchise, v,,hich s~i~ grantee its successors or assigns may have or claim. Section 15. a If at the expiration of th~s franchise said City of South San Prancisco sh~ll be unwilling to gr~nt a rehewal of this franchise'or another franchise, to said grantee, ite successors or assigns,upon terms mutually agreeable to the t',ity and grantee sa'id City hereby agrees to purchase the Sracks ,cars, ~uotors,~ooles,wires,and all nech~,n-- ical appliances,equipment and appurtenances, by paying therefor the actual market value. Actual market value shall be taken to mean tLe cost of reproduction less any deprecai- tion for wear an~ obsolesence . All ]_and and fixtures on such land shall be valued at the cost of reproduction less and depreciation for wear and obsOlesence, In determining any value a~ "~,~'her~in -~-ovided ,no value shall be placed on good will; and in the deternination of such value no regard shall be had to the companys capitali zation as represented by t~ companys stocks and bonds. b$ Said Board of Trustees of the City of South San 2rancisco shall ,by resolution ,direct written ~otice to be given to said grantee, its suoeessors or assigns, of the intention of s~id City to purchase, at least six months prior to the date of the expiratAon of this franchise. The ~t~t~Sr~ herein provided for shall be deter~ined in the manner following %¥ithin ~0) days after the service of such n~ice, said Board of Trustees shall select two (£) appraisers, and said grantee its successors or assigns shall select tv,~o a (£)a?prisers The four appraisers so selected shall, within twenty (£0) days after their appointment select a fifth appraiser. The appraisers so choseh shall forthwith proceed to deterr~ine an~ appraise such value as of the date of the exi~iration of this franchise. The decision of a majority of s~_~id appraisers shall be final and conclusive, and shall, as soon as made, be given in writi~_g to said City and to. s~id grantee, its successors and assigns, who shall bear equally the expense of the appraisal proceedings. The appraisers shall be permitted ?ersonally, or by any Ferson or i~ersons designated by them, to inspect of the plant ~n~ all r~cords, books acco~nats, vouchers, bills, contracts and documents of said grantee,its successors or assigns,for thepurpose of fuly informing themselve~ of such v~lue. ~c) An~~ vacancy or v~cancies e¢curing at any tine in said Board of appraisers, by death, r~s~nation, disqualifieat3_on of inability to act, ~ay be filled within fifteen(15) days by the p~rty or body making such original a~'pointment. (d) If saidC.ty shall elect to make the purehase herein provided for, it shall do so by ord- inance adopted by the Board of Trustees v.'~thin t]~irty (Z0) days after the price has been $~ determined by said Board of appraisers and given as aforesaid; said City ~ah'all, ~ave three mo months ~t~9 the passage of the ordihance wherein said ~lection to purchase shall be made ,in which to pay the p-~rohase so ascertained. Said grantee its successors and assigns shall retain posession of sai~ property and equipment,and maintain the same in good condition and ppermte the same as herei~ ~spe~tfted, and be entitled to receive the profits ariseing therefrom, until the purchase price ascertained as afores~'~id shall have been paid. (e) 'On the payment of such purchase price said g~ntee, it~:~ successors ~or assigns shall transfer to the said City any and every franchise, ~ig;ht and privel-age l~ertaining to salad street railway to be ol-~er~-~ted under this franchise'v~hich said grantee,its successors or ~ssigns may have or claim. Section l~. The said grante.e,i~s successors and assigns,shall, during the term for ~,?nich this franchise is gr~nted pa~,~ to said City of ~outh San 2rancisco tv~o (£) per cent of the gross annual recei~t~ ~r~seing from the use,oDarati,~u or posess~on of t~e right,privelage, or franchise gr~nted in section 1,o f htis ordinance; provided however ,that no percentage Actual market value shall be taken to mean ~,~e co~ of reproduction less any deprecs tion for wear ~nd obsoleeence · Jill land and fixtures on such land shall be valued at t cost of reproduction less and depreciation for wear and obsOlesence, In determining any value a,':: ",~,:'her~in' _'rovided ,no value shall be place8 on good will; and in the determina of such value no regard shall be had to the companys capitalization as represented by companys stocks and bonds. 'b~ Said Board of Frustees of the City of South San Francisco shall ,by resolution ,dire( written hotice to be given to said grantee, its successors or assigns, of the intention ssid .City to purchase, at least six months prior to the date of the expiration of this franchise. The ~t~t~8~ herein provided for shall be determined in the manner followiz Within ~20) days after the service of such n~tice, said Board of 'Trustees shall select two [£) appraisers, and said grantee its cuccessors or assigns shall select tv;o a [£)a!~prisers The four appraisers so selected shall, within twenty (£0) Says after their appointment select a fifth a?praiser. The appraisers so choseh shall forthwith proceed t determine anc~ appraise such value as of the date of the expiration of this framhise. The decision of a majority o'f said appraisers shall be final and conclusive, and shall, as soon as made, be given in writing to said City and to-said grantee, its successors and assigns, who shall bear equally the expense of the appraisal l~roceedings. The appraisers shall be permitted personally, or by any person or l:ersons designated by them, to inspect of the plant an~ ~,!l r~cords, books acemzuts, vouchers, bills, contracts and documents of said grantee,its successors or assigns,for thepurpose of fuly informing themselve~ of such value ~-~ ~.c Board appraisers Jo) Any vacancy or v~cancies scouring at any time in o~'~ o'f , by death, r'si:~nation, disquatificat_i~on of inability to act, may be filled within fifteen(15)days by the p~rty or body making a~' ~ ~.,,cn original a,'~pointment. Id) If saidC.ty shall elect to make the purehase herein provided for, it shall do so by ord- inance adopted by the Board of Trustees v:ithin t~rty [ZO) days after the price has been determined by said Board of appraisers and. given as aforesaid; sai~ City :ah'all have three months ~t~ the passage of the ordihance wherein said election to purchase shall be made ,in which to pay the p'~rchase so ascertained. Said grantee its successors and assigns shall retain posession of sai~ property and equipment,and maintain the same in good conditi and pperate the same as herein ~speeified, and be entitled to receive the profits ariseing therefrom, until the purchase price ascertained as afores~'~id shall have been paid. [e) On the payment of such purchase price said g:~ntee, it,~:~ successors :or assigns shall transfer to the said City any and every franchise, zig'hr and privelage i~ertaining to saisd stre*t railway to be oi~,erated under this franchise which said grantee,its successors or ~ssigns may have or claim. Section 14. The said grantee,i~s successors and assigns~shall, during the term for ~ich this franchise is gr~nted pa~ to sai~ City of .~outh San Francisco two [£) per cent of the gross annual recei~:t~ 'riseing from the use,operation or posess.[on of the right,privelage, or franchise gr,~nted ;~n section 1,o f htis ordinance; provided however ,that no persentage shall be paid for the first i5) years succeeding the date o~ said franchise,but thereaf~e such percentage shall be paid annually on the first ~ay of ~ay. Sectio~ 15. In the event that any other street railway line shall be built through the C City of South San Francisco during the cQntinuan~e of the fr, nchise herein gr,~-~nied said gr?ntee,its successors an~ assigns, shall enter iuto such a~reement or agre .... ents with the grantee of s.n~ franchise for such otlier line for the exchange of transfers as shall be fair an¢~ equitable, .havi~lg re~ard to conditions which shall exist at such time. Section 16. A book o? tickets for the trans?ortation of pupils under the age of sixteen years in going to and from public schools shall be sold for Pity ~50) cents ,each book to contain twenty (?0) tickets and shall be received by the sai~ grantee on its street rail- road between the hours of 8' A.!~. and 5 P.~.i. durin t]~e ~ays in which said public schools are in session. Section 17. Said grantee is required to file in the offic eof the City Clerk of saidCity of South San ~rancosco an acceptance in writing of the provisions of this ordinance,under it~ corporate se~l within thirty$'Z0) days aft~r th~ fiaal passage and approval of th~.s ordinance, and the provisions of this ordine~nce shall be taken and deeme~ to be a contrac~ between sai~ City of South ~;an Francisc~ and said grantee from and after the date on which it shall take effect. Section 18. This or~inauce shall be published once in"~he Enterprise", a wee~:~_y newspaper published and circulated in said City of South S~n Francisco ,and shall take effect and be in force t~irty ~g0) ~ays after the date of its passage ,proviZ, ed the acceptance mentioned in section 17 hereof shall have been f~le~ shall be null,voi~ ang o~ no effect. That is proposed by said Board of Trustees with sa' Cty Clerk, otherwise said or~inance to grant said right ,privelage and franchis e upon the terms and cond'*~ :~.~_:, ordinance, and z~.cns ~et forth ;n said ~' · That the character of said right, privelage and franchise is f~lly ~escribed in the ~'aft aforesai~ ordinance to w~hich reference i~ ~heraby sade, an8 th~ ~e~m~ for u~hich it is -crc-. posed to ~ ~ '~ ~:ran~. sa[~ rig~t,privelage ia vifty (50) years Vrom a~d after the ~.te on which ~he ordinance granting the s~':~me shall take effect; and That sealed bids for the grant of said right,privelage or franchise will be received by s~id Board of Trustees ~d may be filed with the City Clerk of said City of South San ~ciseo up to the hour of eight ~8) o clock p.m. on H~nday the 30th. day ogf ~ugust,191[ ~d that the successfull bidder and his assigns mus~, ~uring the life of said franchise,pay to said City of South San Francisco,two (f~) per cent of the gross annual receipts ariseing f ~om t e use, operation or posesslon of said right,privelage or franchise, as more fuly e~ressed in section 14 of theaforesaid ordinance,to which reference is hereby made, and ~at the said BOard of Trustees will meet in open session on monday the 30th day of Au~st 1915, at the hour of eight ~8) o clock p.m. at its chamber ~[~Z10 ~indem Aven~ in said City of South Ban Francisco and will then and ther open ~d ro~ad the said bids, ~d t~t said right, privelage or fr~chise will be struck off, sold and awarded to tke person, firm or corporation who shall make the highest cash bi~ therefor; provided only that at the time of ~pening of said bids,any responsible person,firm or corporation present or represented may bid for said right,privelage or franchise a s~m not less than ten [10) percent above the highest bid therefor, and said bi8 may ~.e raised not less than ten (10) percent by any '~ other responsible bid~, and said bidding may so continue ~,til said right ,privelage or fr~:nch;se shall be struck off ~d awarded by sai~' Board of Trustees to the highest bifder therefor in ~old Co~n of the United f~tates; and That each sea~ed bid shall be acc°replied with cash or a certified chec~ payable to t~ie Treasurer of the City of Sot~ San Francisco for the full amount of said bid, ~d no sealed bids will be conside~d ~less said cash or ~eck is enclosed there~th and the successful bi,dar ~B~11 ~~+ ~ ~* *--~ ~ ~- road between the hours of 8' A.M. and 5 P.I.i. durin tLe (lays in which said public schools are in session. Section 17. Said grantee is required to file in the of£ic eof the City Clerk of saidCity of South San ~rancoSco an acceptance in writing of the provisions of this ordinance,under it:~ corporate se~l within thirty$30) days after thn fiaal passage and approval of th:.s ordinance, and the provisions of this ordinance shall be taken and deeme(~ to be a contrac~ between said City of South ~;an Pranciscq and said grantee from and after the date on which it shall take effect. Section 18. This or,induce shall be published once in"~he Enterprise", a weekly newspaper published and circulated in said City of South San 2rancisco,and shall take effect and be in force t~irty [Z0) days after the date of its passage ,provided the acceptance mentioned in seation 17 hereof shall have been f~led shall be null,void an~ of no effect. That is proposed by said Board of Trustees with sa'~~' C'ty Clerk, otherwise said ordinance to grant sai~i right ,privelage and franchis e ~- upon the terms and conditions set forth ;n saidora.~-' ~'~ ordinance,' and That the character of said right, privelage and franchise is f'~!ly described in the d~'aft aforesaid ordinance to which reference i,~ 'hereby made, an5 the tern for v.'hich it is pro- posed to ~rant. sa[~ rig].t,privelage is ?ifty [50) years from and after the date on which -~he ordinance granting the same shall take effect; and That sealed bids for the grant of said right,privelage or franchise will be received by s~id Board of Trustees and may be filed with the City Clerk of said City of South San Francisco up to the hour of eight ~8) o clock p.m. on l:,i~nday the ZOth. day ogf ~ugust,191[ and that the successfull bidder and his assigns mus~, ~uring the life of said franchise,pay to said City of South San Francisco,two IF) per cent of the gross annual receipts ariseing f i~rom t e use, operation or posession of ssi(~ right,privelage or franchise, as more fuly expressed in section 14 of theaforesaid ordinance,to which reference is hereby made, and ~'hat the said Board of Trustees will meet in open session on monday the ~0th day of August 1915, at the hour of eight [8) o clock p.m. at its chamber ~i~Z10 l~indem Aven~ in said City of South Ban Francisco and will then and ther open and r~ad the said bids, and that said right, prlvelage or franchise will be struck off, sold and awarded to tlc person, firm or corporation who shall make the highest cash bi¢] therefor; provided only that at the time of ~pentng of said bids,any responsible person,firm or corporation present or represented may bid for said right,privelage or franchise a s~un not less than ten Il0) percent above the highest bid therefor, and said bid may ~r-e raised not less than ten (!0) percent by any other responsible bidder, and said biddiug may so continue ~til said right ,privelage or fr~nch[se shall be struck off and awarded by sai~ Board. of Trustees to the highest bi~der therefor in ~old Co~n of the United ~tates; and That each sea~ed bid shall be accompanied with cash or a c~rtified chee~ payable to the Treasurer of the C~ty of Sotuh San Francisco for the full amount of said bid, and no sealed bids will be considered unless said cash or chec.k is enclosed therewith , and the successful bidder shall deposit at least ten (10) PER cent of the amount o.~ his bid with th~ ~'~ _ ~J Clerk of said City of South ~'~ o,.,n F~ ant isco the franchise shall be struck off to him; and if he shall fail to make such deposit irene- iiately,then,.and in that case his bid shall not be receive~ and shall be considered as void, and the said frsnchise shall theh anf there be again offered for sale to the bidder who shall make the highest cash bi~ therefor, subject to th~ same oondi~ons as to deposit as above mentioned, and such proceedure shall be had until said franchise is struck off sold and awarded to the bidder who shall make the neccessary deposit of at least ten {10) per cent of the amount of his bid therefor as herein provided ; and That the successful bidder shall de,~osi~ with the City Clerk of the Cio~ of SoUth San Tranciscgwithin t~'enty-__o~r[24)~ - ~ . hours of the acceptance of his bid, the remaining ninety [90) per~ent of the amount thereof; anf in case he or it shall fa~.l to do so, then the sai~ deposit theretofore made shall be forfeited and the award of said franchise shall be void; au~ tho fr,-nchise and tho ss, id fra'mhise shall then anf there by sai~ Board of Trustees be again offered for sale to the highest bidder therefor, in the same manner and , _~,~1 to under the same restrictions as hereinbefore provided, and in ease sai~~ biSder shall ~ deposit with the C~ty Clerk of said City of SoUth San 2rancisco the remaining ninety [90) per cent of his bid within twenty-four h::urs after its ac~'eptance, the award to him of said franchise shall be set aside and the deposit theretofoz'e made by him shall be forfei- ted; and That the successful bidder for siad right,.:prive[age or ffranchise, shall ~ithin five [5) days after said right,pr[velage or franchise shall have been struck offf,sold,and awarded file a bond r~nin~ to the ~'~ ~ ~y o_ ~outh S~-u~rancisc~ with at least two ~:2) good and sufffic s~,~,~ Board of Trustees, in the penal s~_~ of One Thousand ient sureties,to be approved by ~' ~ ~00) Eollars conditioned that said bidder shall well and truly observe, fulfill ~d per- form each and every term ang condition of said right, privelage or franchise, and that in ~ase.of any breach of condition of such bond, the whole ~mount of the penal sum therein aamed shall be taken and deemed to ~e liquidated .damage~, and shall be recoverable from ts~e principal an~~ sureties u~uon said bond . Reference is hereby made for ~urther partim~l~s to the application of South San Francisco Railroad and PSwer Company a Corporation organizes and exist lng under the lav~s of the State of California, for the grs~.nt of a certain right , privelage and franchise filed with the City .fflerk of said City of [:outh S~:n Francisco on tha 26th. d~y ~ Jul:.y l?15,~eclart~g its intention to grant ~aid right,privelage or franchise,and directing tM ~ ~a ~ ~zce of the ~zty publication o~ this notice,which ~, ~i~. resolution is now on file in the o 'kerk of ssid City o~ South San ?r~cisco-, and to an act of the Legislature of the State Califo~ia~approved Hatch fl, l~o5,entitled "~ Act Providing For The Sale of Street Railroads an~ other Franchises in Counties and thmicipalities, and Providing Conditions for the granting of such franchises by the Legislative or oth~r ~overning Bodie~, and re- pealing eon.flictin~ Acts", and the amendment~ to said act, and said apP~ication ,order ~d resolution ~d acts of the Legislature of the State of California are expressly made a pa part of thi~ Dated July,28,1915. William J ~ '+ ,om~h City Clerk The ~ty Clerk is hereby directed to publish in the m~ner ~d form required by an act 0f the ~egisIature of the State of Caltforn~ approved ~Iarch ~2,19~5 , and entitled "An Act providing for the salre of street railroad and other franchises in co,reties and municip alities, and providing conditions for the granting of such franchises by legislative or other governing bodies, and repealing_, conflicting acts ", and the amendments thereto,for flour [4) successive weeks in "The Enterprise '~ a weekly newspaper printed and published in said City o~f South S'.~n ~ra~ai~ao ~5 bov~~*~ ~ ....... · ._ ...... ~ u~a.~-"S~i~li'-d-e]}O~'{-~ 'With the Cit~,r Clerk of the City of South San ~ranciscgwithin ~,~en~y- o,tr(~4) hours of ~e acceptance of his bid ~he remaining .zne~y (90) ~erc:en~ of the ~ - ~ . a..o~tn,, thereof;a~c in case he or it shall fa~l to do so, then the sai~ deposit theretoffore made shall be forfeited and the award of said franchise shall be void~ ~u~ th~ fr:~nehise and tho ss~id fra,~ehise shall then anf there by sai~ B~ard of Trustees be again offered For sale to the highest bidder therefor, in the same manner and , =,~ll under the same restrictions as hereinbefore provided, and in case sai~~ bidder shall ~' deposit with the C.~ty Clerk of said City of SoUth San Francisco the remaining ninety [90) ~er cent of his bid within twenty-four h~urs after its ae~,eptanee, the award to him of ~az~ f~'anchise shall be set aside and the dei~osit theretofore made by him shall be forfei- ted; and That the successful bidder for siad right,jprive[age or franchise, shall ~ithin five [5) ~ays after said right,pr[velage or franchise shall have been struck offf,sold,and awarded file a bond r~ning to the ~'~'~ off ~z~ South SanPranciscQ with at least two $2) good and sunflo ient sureties,to be approved by said Board of Trustees, in the penal s~ of One Thousand ~00) L~ollars conditioned that said bidder shall well and truly observe, f~lFill ~d per- .form each and every term an& condition of said right, privelage or franchise, and that in case-of any breach of condition of such bond, the whole ~-mount of the penal sum therein named shall be taken and deeme~ to ]e liquidated .damage~, and shall be recoverable from t~e principal an~ sureties u~on said bond . Reference is herety made for further parti~l~s to the application of South San Francisco Railroad and P6wer Company a Corporation organizes and exist lng under the lav~s of the 5tare of California, for the grant of a certain right , privelage and franchise filed with the City (]lerk of said City of South San Francisco on thc 26th. d.~y ~ Jul:y 1)lS,~eclari:~Ig its intention to grant ~ai~] right,privelage or fran~.hise,an~ directing publication o~ this notice,which sai~ resolution is now on .~1~ in the office of the City herk of ssid City o~ South San Fr~cisoo; and to an act off the Legislature of the State of Califo~ia~approved l.~arch fl-, l~o5,entit!ed "~ Act Providing ~.or~ The Sale of Street Railroads an8 other ~ranchises in Counties and ~.I~tcipalities, and Providing Conditions for the granting of such franchises by the Legislative or other ~overning Bodie~, and re- pealing conflicting Acts", and the amendment~ to said act, and said application ,order ~d resolution ~d acts of the ~egislature off the State off Califfornia are expressly made a pa part of this Dated July,E6,1915. William J.Smith City Clerk The City Clerk is hereby ~ireeted to publish in the m~ner ~d form required by an act 0f the ~e islature of ~ g . the State of Californ~ approved Iarch ~2,19~5 , and entitled "An Act providing for the salr.e of street railroad and other franchises in co,reties and municip altties, and providing conditions for the granting of such franchises by legislative or other governing bodies, and repealing conflicting acts , and the amendments thereto for Sour [4) successive weeks in "The Enterprise '~ a weekly newspaper printed and published in said City ogf South S~n Francisco and herehydesignated for that p~rpose,said notice herein before set forth. ! hereby certify that the foregoing resolutfLon was regularly intro~]uced 420 e~,d adopted b~7 the Board of Trustees o~ the City of South Szn ~rancisc~, this 26th. d~y of July,1915,by t~Le following vote; Ayes Trustee~, P.A. C~nningh~,~ J.H. Kelley. J.G. ~I0 Govern, and Ceo. H. Wllaoe. Noes Trustee~ None Absent Trustee G.W. Halston. V~illia~ J. Snith City Clerk The following~resolution owas then introduced by Tr~tee ~Io Cavern. Resoltion Ado~.t~ng Plans and Specifications ~ ~ ',~lahs and Re~olved ~0y ~e ;card of Trustees of the C~ty of South San Pr~cisco t~a~., the ~ , specificatio:~s for the impro~ent of Cypress Avenue between the north line pf I.~ller Avenue and the South line of Lin, Avenue ,and Lux Avenue between the East line of ~iaple Avenue and the west line of S~:,n Bruno Road, o,s prepared by the Citj Engineer of the Citi.~ of South Z~r, Prane~e South ~'~ o~n Pr~u~cisco, and suLmitteSthis 26th. d~ of July 10lB,be, and the sane here!~y are ado~ted aa and for the plans and si~ecifications for doing said work. ~ herelsy ~ertLf~ th?t tk~ foregoing resolutLon was regularly introduced and adopte~ ¥~y the Board of Trustee~ of the C~ty of South San Franc~sco,this 4.6th d~y of July,191~, Ayes, Trustees T.A ~unn~nr, ham,J. ~elley ~,eo H i~allace and ,,.,~.~.. Halston_ ~oes Trusteee None Absent ~r,~:~tee'? i~one ;:'illian J. Smith ~it y Clerk. The fo!lowing resolution w~ then introduced by Trustee Wallace 7esolve8 ~y the Board of .~z'~st~,e~ of the City of South Sr~n ?ranciscoth~t the plans anfd specifications for the impro~ent of ~[agnolia Avenue between the north line of Baden Avenue and the South line of ~rand Avenue an8 Magnolia Avenue between the l[orth line of ~rand ~venue and th~ S~uth line of [[fller Avenue, Orange Avenue between the bet~veen the north line o~ Baden Aveneu and the Dsuth linage of Or~nd Avenue and Orange Avenue between the ~or~h line o~ Grand Avenue and the South line of '[iller Avenue as prepared b[~ the ~mt,.~. Engineer of t~m City of of South S~n ~rancisco,and submitted this ~6~ day of J~lY 1916, be, ~d the same hereby are adopted ~s and for the plans and specifications for doing ~aid work. I hereby, ee~'t~fy tkat the foregoing rsolution was _~'egu!arly introd~ced and adopted by the Board of Trustees of the City of South San Prancisco,this. E6th.day of July,1916, by the follow~ng vote; Ayes Trustees ~.A CV'~'*'~' · H. Wallace and.O.W..Holsten ~~ ~ J.H. Xelley, J.C. ~[c Govern ~eo Noes Trustees None Absent Trustees N~ne William J. Smith Ci~ Clerk ~.[0~ BY Trustee Kelley seconded by Trustee Wallacethat the Board adjourn ~til ~ nday August £, 1915,to meet~ at #~.10 Linden ,venue Carried Time of adjo~rnment 9'15 p.m. Respect full~; submitted William J. Smith City Clerk at 8 0 Clock p.m. specificatio~'~s for the improvment of Cypress Avenue between the north line pf H~ller Avenue and the South line of Lu~ Avenue ,and T~ux Avenue between the East line of ~aple Avenue and the west line of San Bruno Road, as prepared by the Cit~ Engineer of the City of South South San 2rsncisco and suLn~t~erthis 26th. d~y of July 1915,be, and the same her.:~y are ado,~ted, aa and for the plans and specifieat~.~o.~,,~ for doing_ said v~ork. I here~:y ~,ert.[fy th?t the foregoing re~olution was regularly introduced and adopte,~ ~,y the Board of Trustee~ of the City of South San Francisco,this [.6th day of July,1915, ....... Halston. Ayes, Trustees M.A. ~unn~n~ham,J.H. Kelley .,eo.H. Wallace and C.~,.. ~ ~oes Tr:istees l~one Absent ~ru,,~tee None William J. Smith ~it y Clerk. The following resolution wa~ then introduced by ~ ~r~tee Wallace ?esolve~ ~y the Board of Trust~es of. the City of South San Franciscothat the plans anfd speclf.[cattons for the impro~ent of l,~agnolia Avenue between the north line of Baden Avenue and the South line o~,_ Grand Avenue an5 [iagnolia Avenue between the i~orth line o~:. grand avenue and the S~uth line of ~tller Avenue, Orange Avenue between the between the north line o~ Baden Aveneu and the Ssuth lin:~e of Grand Avenue and Orange Avenue between the ~.,or~h line o~ Grand Avenue and the South line of [~iller Avenue , as prepared by the City Engineer of tlm City of of South San Francisco,and submitted this 26~ day of J~!Y 1915, be, ~d the same hereby are adopted ~s and for the plans and specifications for doing said work. I hereby.~e~'t~fy t~at the foregoing rsolution was .~'egu!arly introd~ced and adopted by the Board of Trustees of the City of South San Prancisco,this.26th.day of July,l~15, by the following vote; Ayes Trustees ~.A ~"~~' · H. Wallace and.O.W..Halston . ~.~,~,~,~ ~ J.H. Xelley, J.G. ~lc Govern f~eo Noes Trustees None Absent Trustees None William J. Smith Ci~ Clerk t~0~ BY Trustee Kelley seconded by Trustee Wallacethat the Board adjourn ~til M nday Au~st 2, 1915,to meet: at ~310 Linden ,venue at 8 0 Clock p.m, Carried Time of ad,~ournment 9'15 p.m. Respect full~ submitted William J. Smith City Clerk