The San Francisco call., 1898-04-01

l in a penal sum prescribed by the Su- | perviSors, and set forth in such ad- yertisement, conditioned that such bid
 der will well and truly observe, fulfill
 and perform each and all of the condiz l tions, terms and obligations of the
 franchise for which said application l was made in case the same shall be i awarded to him, and that in case of
 the breach of any of the conditions of i such bond, the whole amount of the | penal sum therein named shall be taken to be hquidated damages, and that as such shall be recoverable from the
 principal and sureties on such bond. 1 At the next regular session after the
 expiration of the time stated in such
 advertisement up to which such bids will be received the Board must open | such bids and award the franchise to
 the person, company or corporation of- fering to pay the highest stated per
 centage of the gross receipts arising from the use, operation, possession or enjoyment of the franchise for which such application was made. But no award shall be made, nor any such ap- plication granted, unless the stated percentage offered to be paid for the franchise shall be at least three per centum of such gross receipts during J which the franchise is to be granted, four per centum of the gross receipts during the next succeeding ten years, and five per centum of the gross re-
 ceipts during the next succeeding ten years.
 Except as in this section otherwise
 provided, bidding for such franchises must be in accordance with the proY-S-
 ions of this Charter in relation to bids made to the Board of Public Works, so
 lar as such provisions may be applica-
 ble. The Supervisors may reject any
 and all bids. and may refuse to grant a
 franchise for any part of the route for
 which application was made. Fiery ordinance making such grant shall re- quire the concurrenceof three -fourths of all the members of the Board of Super VisorS, as shown by the ayes and noes, and the approval of the May
 or, and at least ninety days shall in tervene between the introduction and
 final passage of any such ordinance. It shall require a vote of five-siXths of all the Supervisors to pass the ordinance 1 notwithstanding the objections of the Mayor.
 If any bid be accepted, the franchise
 must be granted upon the express con- dition, in addition to the conditions re- 1 quired by this Charter, and such other conditions as may be prescribed by the
 
 gross receipts of the railway shall be
 paid into the treasury on or before the tenth day of the next ensuing month after such gross receipts shall have been earned; and upon the further con- dition that the whole of the railway shall be continuously operated, and | that at the end of the term the road track and bed of such railway and all its stationary fixtures upon the public streets, shall become the property of l the City and County; and that the grantees will, within one hundred days
 after the date of such grant, commence the construction of such railway, and
 continuously thereafter, in each and ev- cry month until the completion thereof,
 expend in such construction at least
 the sum of three thousand dollars.
 The failure to comply with any of
 said conditions shall work an immedi- ate forfeiture of such franchise and the road or track: constructed thereunder. 1 There shall be, nc, power in the Super ViSors to relieve from such forfeiture
 or from any of said conditions. On or before the tenth day of each month af- ter said receipts shall have been; earned. :. the. President. and Secretary of said railway company shall make and file
 with the Clerk of the Board of Super
 Tfsors a sworn statement of the gross
 receipts of such* railway for the pre- ceding month. .
 In granting any such franchise the
 Board of Supervisors shall impose such other lawful conditions as it may deem advisable, and must expressly provide that the franchise shall not be renewed or regranted. and that the Board shall at all times have the power to regulate
 the rates of fare to be charged by.those using, operating, possessing or enjoy ing the franchise, and that the Finance ! Committee of the Board shall at. all
 times be permitted to examine and ex- pert their books as to such gross re- ceiptS. All moneys received for such franchises and in payment of the said per centum shall be credited to the General Fund.
 Sec. '. The Supervisors shall have no power to grant franchises or privileges to. erect poles or wires for transmitting electric power or for lighting purposes along or upon any public street or high way of the City and County except: up-
 on all the conditions and in the manner, including competitive bidding and pay ment of a percentag of. gross receipts, hereinhefore set out, and upon the fur
 ther< condition that the Board shall at all times have the right to regulate the charges of any person, company: or cor poration using. enjoying or possessing
 such franchise or" privilege E: l.':.When, on the expiration of. any. street railroad franchise, it::Shall be deemed FineXpedient by the Board to use any of |. the property revertfng to it by reason ! of such expiration in the. operation of a street railroad, then the Board shall 1 have: power to lease such property to any person, company or corporation af- ter the notice, on the terms, and in the manner above provided as to the grant | ing of street railroad franchises, as far
 as the same may be applicable. But no | ordinance authorizing such lease shall r be: passed prior to ninety days next pre- i: ceding the expiration of such franchise. l:. Any ordinance granting a franchise ! or authorizing a lease under the provis- ions of this section shall be in force | from and after the expiratio of thirty i days from the date of its signature by l the Mayor, or from and after the expi- ration: of thirty days from: the date of E its passage by the Supervisors over his l objections. unless. within said thirty l days a petition signed by a number of i: the electors of the City. and County ]~equal:t to fifteen per centum of the votes least at the last preceding election shall have been filed with the Supervisors, l: asking that said ordinance be submit + ted to the vote. of the people. In such
 case said ordinance shall be submitted l at. the next election to the vote of the | electors of the City: and County, and