The San Francisco call., 1898-04-12

sureties to be approved by the Mayor 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 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 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 suretfes 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 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 De in accordance win the prov-S- ions or this Charter in relation to bids made to the Board of P-blic Works, so Tar as such provisions may be applica- pie; The Supervisors nay reject any and all bids, and may refuse to grant a iranchlse Tor any part of the route for which application was made. VI. cry ordlnance making such grant shall re- Qulre the concurrence of three -fourths of all the members of the Board of Super Vlsors, as shown by the ayes and noes, ana ar on the e+ app approval of the May tervene between the introduction and final passage of any such ordinance. It snail require vote of flve-sixths of all the Supervisors to pass the ordinance notwithstanding the objections of the Mayor.
 II any bid be accepted, the franchise must be 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 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 the City and County; and that the m taa will wit 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 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. 2. The Supervisors shall have no power to grant franchises or privileges to erect poles or wires for transmitting electric power or for lighting purposes 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 reVerUlnS 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 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 its 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 a petition signed by a 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 at the next election to the vote of the electors of the City and County. and unless said ordinance shall at said elec- tion receive in it's favor a majority of the votes cast thereon it shall have no force or effect for any purpose. If a majority of the votes be in favor of