The San Francisco call., 1898-03-31

l in a penal sum prescribed by the Su- | pervisors. and set forth in such ad- vertisement, conditioned that such bid | der will well and truly observe, fulfill | and perform each and all Of the cond1- 1 tions. terms and obligations or the l franchise for which said application 1 was made in case the same snail De awarded to him, and that in case of the breach of any of the condltions or 1 such bond, the whole amount or the 1 penal sum therein named shall De taken | to be liquidated damages, and that as 1 such shall be recoverable rom the 1 principal and suretieS on such bona. At the next regular session after the | expiration of the time stated in such advertisement up to which such plds 1 will be received. the Board must open | such bids and award the franchise 10 | the person, company or corporatloh oI fering to pay the highest stated per centage of the gross receipts arising from the use, operation, possession or enjoyment of the franchise for Whlch l 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 the first five years of the period for 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 prov-S- ions of this Charter in relation to bids made to the Board of Public Works, so far as such provisions may be applica- | Die. 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. Every ordinance making such grant shall re- Quire the concurrence of 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 1 final passage of any such ordinance. It shall require vote of five-SiXths of all 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- Quired by this Charter, and such other 1 conditions as may be prescribed by the Supervisors, that the per centum of the | 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 l track and bed of such railway and all l it's stationary fixtures upon the public streets. shall become the property of | 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, l expend in such construction at least 1 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 hereunder. | There shall be no power in the Super visors to relieve from such forfeiture or from any of said conditions. On or l 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 visors 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 1 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 l the rates of fare to be charged by those | using, operating, possessing or enjoy ing the franchise, and that the Finance l 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 sucf franchises and in payment of the SaiC per centum shall be credited to the General Fund.
 Sec. 7 The Supervisors shall have nc 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 percentage of gross receipts hereinbefore set out, and upon the fur. ther condition that the Board shall al all times have the right to regulate the charges of any person, company or cor poration using, enjoying or possessing such franchise or privilege.
 When, on the expiration of any stree railroad franchise, it shall be deemed ineXpedient by the Board to use any o | the property reverting to it by reason
 
 a street railroad, then the Board shal have power to lease such property tt any person, company or corporation af ter the notice, on the terms, and in tht manner above provided as to the grant ing of street railroad franchises, as fal as the same may be applicable. But nc ordinance authorizing such lease shal be passed prior to ninety days next pre- ceding the expiration of such franchise
 Any ordinance granting a franchise or authorizing lease under the provis ions of this section shall be in force from and after the expiration of thirty days from the date of it's signature by the Mayor, or from and after the expi ration of thirty days from the date O. it's passage by the Supervisors over hi: objections, unless within, said thirty days a petition signed by a number O. the electors of the City and County equal to fifteen per centum of the vote. cast at the last preceding election shal have been filed with the Supervisors asking that said ordinance be submit ted to the vote of the people. In sucl case said ordinance shall be submitted at the next election to the vote of tn electors of the City and County, an, unless said ordinance shall at said cleo