The San Francisco call., 1898-04-09

1 bond executed to the City and County,
 with at least two good and sufficient
 sureties 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 1 der will well and truly observe, fulfill
 and perform each and all of the condi- | 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 or l such bond. the whole amount Of the | penal sum therein named shall be taken l to be liquidated damages, and that as | such shall be recoverable from the 1 principal and sureties on such bond. | At the next regular session after the 1 expiration of the time stated in such i advertisement up to which such bids 1 will be received. the Board must open 1 such bids and award the franchise to l the person, company or corporation or fering to pay the highest stated per
 centage of the gross receipts arising rom the use, operation, possession or
 enjoyment of the franchise for which l such application was made. But no
 award shall be made, nor any such ap-- pl1cation 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 wi h the prov-s-
 ions of this Charter in relation to bids maoe to the Board Of P--:hlic Works, so Tar as such provisions may be applica-
 Dle: The Supervisors nay reject any ana all bids. and may refuse to grant
 franchise for any part of the route for
 Wnlch application was made. cry ordinance making such grant shall re- qulre the concurrence of ofthree-fourths of
 all the members of the Board of Super Vlsors, as shown by the ayes and noes.
 ana the approval of the May or and at least ninety days shall in tervene between the introduction and hnal- passage of any such ordinance. It snail require vote of five sixths of all the Supervisors to pass the ordinance
 notwithstanding the objections of the Mayor
 II any bid be accepted, the franchise
 must De granted upon the express con-
 oltlon, In addition to the conditions re- qulred 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 pald into the treasury on or before the i tenth day of the next ensuing month a1ter such gross receipts shall have
 been earned; and upon the further con- | dltlon that the whole of the railway shall be continuously operated, and 1 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 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 1 Vlsors 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 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 percentage of gross receipts. hereinbefore 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.
 When, on the expiration of any street railroad franchise, it shall be deemed inexpedient by the Board to use any of
 the property reverting to it by reason of such expiration in the operation of a street railroad, then the Board shall
 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
 be passed prior to ninety days next pre-
 ceding the expiration of such franchise.
 Any ordinance granting a franchise
 or authorizing a 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 of its passage by the Supervisors over his objections, unless within said thirty
 days petition signed by number of the electors of the City and County equal to fifteen per centum of the votes
 cast at the last preceding election shall have been filed with the Supervisors, asking that said ordinance be submit ted to the vote of the people. In such
 case said ordinance shall be submitted