The San Francisco call., 1910-11-26
MAYOR APPROVES
S. P. ORDINANCE
Mott Writes Special Message TO
Oakland Council Explaining
Terms of Franchise
Memorandum of Agreement
Settling Water Front Litiga=
ton, Written Into Measure

OAKLAND. Nov 25.-Mayor Frank
x. Mott signed the ordinance granting
to the southern Pacific company a
franchise for the Oakland mole and
additional wharang space on the west
ern shore today. To the city council
he addressed special message deal
ing with the ordinance. embodying an
exhaustive analysis Of the terms and
significance Of the measure.
The mayors approval of this ordi-
nance makes the much discussed mem
orandum Of agreement. formerly
simple basis Of legislation, become a
solemn pact between, the Southern Pa
cifc and the city of Oakland The
rnenora ndum is written into the ordl-
nance BY il the municipalities con-
troll Of its harbor is expressly acknowl-
edged bF the corporation, which fur-
Their seals its recognition of the
suzersinty Of the city by the payment
or rental for hsrbor space occupied by
-1e Southern Pacific for even consent
0l the municipal authorities
MESSAGE TO CoUNCIL
In his message TO the council the
avor said:
3 beg leave To inform you that have approved
r.le ordinance passed by you on November d,
granting 10 ihe southern Pnci6c company a ter
ninal franchise on the western water frost OF
lli~ city
Iu approving thu, measure I am firmly of the
-ho'taf rhat the result Of your deiiberation ana
ecriau ia this matter viii be of inestimabie bene-
81 1hi> city. as ia practically completes the
recover possession Of her water front.
gfcrc socms 70 have been an impression IN
sumo 0rarfe-S that vour action In granting
franchise ra the Southern Pacific company meant
The giving away NJ vast amount of oakland
narrr front Such Impression however. is en-
tirely erroneous IS the territory restored 10 the
ieile hF rhiS action IS Far greater IN ekteht
Than the ~inaH additional strip over which you
have granted temporarily the Southern Pacific
The right t9 construct and operate railroad
terminal.
The present Southern Pacific mole was con
.Ftruerod lF thst company some 20 odd years ago
Hnea land vlieh they believed they owned under
purchase fr1m Tie Water Front company. This
mole was hnit without protest ~ amy pubic
.rra-rlrr. esther state OF municipal. and no
eour af aT or equity would dispoSsesS them
,r--I.o-f +.,fr bernr reimbursed fv the city Of
DsklarI for the value Of the Improvements made.
and possession of the property by the city could
probably De- recovered only after long and ex-
f,on-ive tlCari01-
RESTORATION OF PROPERTY
THE ogly othcr method 10y which recovery of
rlie property could he accomplished i the one
which Won have alcpted-that Of compelling the
southern Pacific company To acknowledge the
cify'~ control and accept franchise 90 use the
property f0r railroad terminal purposes Tor
united lernl ms aDstluiei! tesloreS ,Is tiIs
property fo public ownership ana the lranchlse
wisely provides that al the end of the franchise
term the entire property reverts 10 the city. ana
Tie ownership Of the same VIII he absolutely
vested therein.
In addition to the mole property. as it now
stands won have granted small strip imme-
diarcly south II and adjacent 10 the southern
boundary n The present mole. the strip being
251 feet il width the western or outward |
end r7suuing in a direct line back 10 the shore. 4
thereby granting the Southern Pacific company /
r1taI frontage en- the western water front OF
400 feet. for which they agree 70 pay an /
annual rpufal 90 the city Of Oakland
In order conduct their business the South /
em Pacific company must have terminus upon 4
rhe water front of the city OF Oaklsnd- ana II 1
certainly Is not the desire Of the people to pre-
sent them from having such facilities as IS 4
aresSaTF Tor me convenience ana shletS OF the /
.-avpl ing public. and for the proper and ecOnom-
zeal handling ~ ffeleht ana eercnsh1lse, use Do l
rded that tie corporation obtains from the /
proper authority the right to construct and main
tatn its plant and acknowledges the public con |
troll and ownership not only 70 the area granted
hut n the entire water front Of tn ecity. In |
addition the animal rental. which the Southern /
Pacific company viii pay. vou have exscted many |
o+ho- valuable concessions fro mthis corporation
which VII be of immediate apd great benefit to |
tho city.
TERMS OF FRANCHISE
BY the terms Of the franchise the |
Southern Pacific company agrees:
]. To PAY an annual rental for
the use Of the present mole and
additional strip.
That they viii dismiss the
suit in the United States circuit
court Of appeals relative to the
ulediately convey ali their right
and title TO the said Broadway
Svharf to the city Of oakland.
O. That at or before the eXpira-
tfou of eight years from the grant
ing ~ this franchise the Southern
Pacific company at its own expense
VIII dcmolish and take away what
IS known as Long wharf
This is very important matter in
ErDW of the early CONSTRUCTION by the
city or system Of wharves and docks
iu the so called Key Route basin. Its
rect passage TO the deep waters of the
bay.
That the decision OF the
United states circuit court of ap-
meals in the suit OF the Southern
Pacific company versus the West
crn Pacific railway shall become
final
This is the case in which the above
court decided that the Wharfing out
rights were vested absolutely in the
city of Oakland and to have this con-
troVersE finally determined in accord
nee with the judgment of this court
II very great and immediate benefit
I'D The city.
CHANGE or HARB0R LINES
8. That the Southern Pacific
company shall join with the city
of Oakland In an application to
the secretary Of war to change the
harbor lines in what is known as
the north arm Of the estuary of
san Antonio by having these lines
run across the mouth of this arm
instead Of up and around ii.
By an act passed by the last legfsla-
ture ano approved by the governor the
state Of California granted to the city
Of Oakland all OF the state lands
within the north arm. BY this change