The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1901-12-10
ORDINANCE MUST
BE REDRAF TED
City Attorney Discovers
Flaws in Utilities
Proposition.
Affect Plans to Acquire
Water Supply and Street
Railroad.

The Board Of Supervisors Yesterday
was compelled to postpone consideration
OF the oeclaratory ordinance regarding
the acquisition Of public utilities in the
form Of municipal water supply and the
Gel - street railroad. This action was
neoessitated by the receipt Of the City At
torney's opinion, advising that the ordin-
snces are insufficient and the preliminary
proceedings must be made in conformity
with the charter
Lane advises that to make the bond is
sue on the proposition of water works
legal II is necessary TO secure estimates
OF al Of the several available sources OF
water supplies The opinion says:
Charter Has Not Been obeyed.
beg to direct your attention to the Ian
gusge Of the charter. The Supervisors must
procure plans and estimates OF the cost Of OBJ
tanning from all OF the several available
sources sufhcient supply OF water. II this
has been done, then this declaration of the
bill Is not subject 70 question, but If II has
board is not sufficient TO save a bond issue
based thereon. The statement by the board
lhst II mas taken the preliminary steps Will
not be regarded as conclusive evidence that
these steps have been taken. The plans and
Engineer constitute what is called BY him a.
progress report they DO not purport to be,
nor 90 understand them TO be- complete and
final; they DO not contain, Tor instance, any
plans for a distributing system in this city,
although an estimate Of cost for such distrfbt-
ting system has been made. The charter does
not contemplate that your decision will be
taken upon an incOmpiete set OF plans and
estimates. and before any declaratory bill is
passed the plans and estimates required by
the charter should be received by the board.
The charter would seem TO suggest that sew
eral propositions respecting the acquisition OF
one kind Of utility might be submitted to the
elecIprs. II not, why require offers of sale
fro7 existing utilities in order that the ''elec-
tors shall have the benefit Of acquiring the
same al the lowest possible cost thereof? NV
construction Of this provision would be that
the Supervisors were required TO solicit and
Ea~ rFFn sal
IN order that the Supervisors themselves might
be able TO Judge whether TO submit a PROPOSE
the purchase Of the existing one, and also that
the people might compare the comparative
cost OF the two propositions This may be what
the charter means, but the expression Of the
question.
Board Of supervisoTs to call upon Existing uti
tiles for their offers TO SELF The charter saws
before submitting propositions to the electors
for the acquisition by original construction or
condemnation" But whether such solicitation
and consideration Of offers TO sell shall be made
Is BASED as has been done n mis- csee 81 81
offer 70 sell would be requested before there
was any official determination by the board
that Il intended 70 acquire such utility.
Street Railroad Proposition.
Lane also filed an opinion on the sufH-
oisnYe7y OF the ORDNANCE declaring that
g street railroad The opinion says:
Under the ordinance as passed TO print no
definite proposition is declared for. The street
railroad, the acquisition and construction OF
which IS demanded by public interest, is not
oednitely located It is not sufficient in nv
- street railroad without giving it termini-
route or character I take II that the Super-
visors wish TO express their determination that
public interest demands that a certain street
railroad shall be constructed by the city, run
ing over and upon certain streets; with GER
tain number q tracks thereon This should ap-
PEAR IN lIle Dill.