The San Francisco call., 1898-04-10

bond executed to the City and County. with at least two good and sufficient suretfes to be approved by the Mayor in 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 ana perform each and all of the condl- tions, terms and obligations of the franchise for which said application was made in case the same shall be awarded to him. and that in case of the breach of any of the conditions of such bond, the whole amount of the penal sum therein named shall be taken to be liquidated damages, and that as such shall be recoverable from the principal and sureties on such bond.
 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
 
 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 wi h the prov-S- ions of this Charter in relation to bids made to the Board of P.blic Works, so Tar as such provisions may be applica- ble. The Supervisors nay reject any and all bids, and may refuse to grant a franchise for any part of the route for Which application was made. T-;ery ordinance making such grant shall re- qulre the concurrence of fthree-fourthSo of all the members of the Board of Super VlSOrS, 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 notwithstanding the objections of the Mayor.
 If any bid be accepted, the franchise must be granted upon the express con- dltlon, in addition to the conditions re- quired by this Charter, and such other conditions as may be prescribed by the Supervisors, that the per centum of 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 l been earned; and upon the further con- dition that the whole of the railway shall be continuously operated, and 1 that at the end of the term the road 1 track and bed of such railway and all its 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, 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 hereunder. There shall be no 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 | ViSorS a sworn statement of the gross
  ceding month.
 In granting any such franchise the Board of Supervisors shall impose such other lawful conditions as 1t may deem advisable, and must expressly provide that the franchise shall not be renewed or regranted, and that the Board shal 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 al times be permitted to examine and ex pert their books as to such gross re
 ceipts. All moneys received for sucl franchises and in payment of the SaiC per centum shall be credited to tn. General Fund.
 Sec. z. The Supervisors shall have nc power to grant franchises or privilege. 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 percentage of gross receipts hereinbefore set out, and upon the fur ther condition that the Board shall a all times have the right to regulate tn charges of any person, company or cor poration using, enjoying or possessin, such franchise or privilege.
 When, on the expiration of any stree IdllTOdu lTdHCulSG, IL Slldll U6 Q661net ) inexpedient by the Board to use any O l the property reverting to it by reaso1 of such expiration in the operation o | a street railroad, then the Board shal [ have power to lease such property t l any person, company or corporation af , ter the notice, on the terms, and in tn t manner above provided as to the grant ing of street railroad franchises, as ia l as the same may be applicable. But n ? ordinance authorizing such lease sha 2 be passed prior to ninety days next pre- ceding the expiration of such franchise , Any ordinance granting a franchis
 or authorizing lease under the provis g ions of this section shall be in fore 2 from and after the expiration of thirt :. days from the date of its signature b f the Mayor, or from and after the expi e ration of thirty days from the date C l its passage by the Supervisors over hi ,, objections, unless within said thirt e days petition signed by number ( : the electors of the City and Count !. equal to fifteen per centum of the vote e cast at the last preceding election sha 0 have been filed with the Supervisor : asking that said ordinance be submit S ted to the vote of the people. In sue d case said ordinance shall be submitte g at the next election to the vote of tn