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1909-12-21 Regular CC MinutesuLruuu; 'rYJ.LJN UJ UUUJULL OY TtLE CITY OF ALA:2DA, DECEMBER 21st 1909. The meeting convened with Mayor W.H.Noy presiding. The roll was called and Councilmen Christensen,Walker,Krumb,Hammond,Crosby,Ells, Probst and Bullock,(8) were noted present and Councilman Fisher,(1),absent. The Minutes of the meeting of December 7th were read and ordered approved. Claims against the General Fund amounting to c;;1062.67;against the Police Fund amounting to $280.90;against the Fire Fund amounting to $507.1 and against the Street Fund amounting to 92.20 having been approved and audited by the proper officials were read by the Clerk as follows: GENERAL FUND Alameda Daily Argus Advertising 4? 14.20 Bechtle,Otto Elect.Fixtures 33.49 Burgner & Martin Hardware 6.60 TT Ti Ii 9.75 Oil for Heater 26.35 Fischer Plumbing & Hdwe ,C.F. Wash Basin &c 80.00 Gorman & Thomas Moving Safes 84.00 Heywood Bros & Wakefield Co. Furniture Mayor's Office 34.50 Hoffmann,Geo Carpet Cleaner 57.00 Killarn Elect Co.,F.N. Labor connecting motor 7.80 Elect Fixtures Council Chamber 95.00 456.75 5.95 Library Bureau, Inc Typewriter's desk 31.00 TT TT VT VT chair 7.50 California Oil & Burner Co Larkin, John TT Tabor Renovating City Hall Lumber VT fir IT Mayrisch,Len TT Vt Perata, A. Plummer & Son,Geo E. Rucker Fuller Desk Co. Westall,Chas Wong,Chas S. Alameda Argus Crocker & .,11.2. Hardwick, F.A. Library Bureau, Inc Magagnos,C.P. Oakland Gas Lt.& Heat Co. Pacific Tel & Tel Co Putzman & Hoffman Schneider, henry Schoepf, Torn Unna,Herman Wagner, Olie Map Services Tax Coll.Office Removing garbage Lumber Table for Mayor's Office Painting Screen for Mayor's Office 7.50 Total c1.062.67 15.00 33.00 1.00 4.03 45.50 6.75 POLICE FUND Printing S.F.Directory Hauling Drunks Finger Print Outfit Photographs Gas Phones & Switches Bicycle Repairs Stationery &c Services Rendered Meals Hauling Total FIRE FUND Alameda Steam Laundry Assn. Laundry S 2.50 6.00 1.00 200.00 7.50 .20 4.65 .50 46.55 3.00 8.00 1.00 ,80.90 15.80 Amount Forward $ Bahr,Otto Horseshoeing 10.00 Binder,F. Medicine 7.55 Burgner & Martin Hardware 1.60 Foster & Son,r1.H. Lumber .60 Furey,F.P. Repairs 10.0e Gorham Engineering Co If 3.76 Hay & Baird Horseshoeing 11.25 Kellogg Express Co Hauling 2.00 Lane,Thomas Services Rendered 24.00 Lewis,Frank TT TT 3.00 Oakland Gas Lt.& Heat Gas 24.21 Peoples Water Co Hydrants & Water 277.05 Plummer & Son,Geo E. Lumber .75 Resso & Co.,G. Hauling Manure 7.70 Rhodes-Janieson & Co. Coal etc 17.75 Scott,Magner & Miller Oats 47.61 Servente,L. Repairs 4.50 Strom,Carl F. Supplies .50 Sutherland's Pharmacy Medicine .75 Vosburgh Co.,J.B. Supplies 28.50 Westall,Chas If 9.00 Total 507.8,R 15.80 STREET FUND. Alameda Daily Argus Printing w 30.80 Adler,D. Labor 27.50 Empire Foundry Co. Supplies 17.40 Goldstone,John 12.30 Hay & Baird Blacksmithing 3.10 Rickerson,Al. Repairs 1.10 Total 92.20 v Mr.Bullock moved that the claims as read be paid,seconded by Mr.Christensen and carried, by the following vote. Ayes :Councilmen Christensen,Walker,Krumb,Hammond,Cros- by,Ells,Probst and Bullock,(8). Noes:None. Absent:Councilman Fisher,(1). Ilr.Bullock offered the following resolution and moved its adoption: Resolved:That salaries of City Officials and employees for the month of Pecember, 1909,shall be due and payable on the 24th day of December,1909,and the City Auditor is hereby authorized, and directed to issue and deliver warrants for all such salaries on said last-mentioned day;and the City Treasurer is hereby authorized and directed to pay said warrants so issued and delivered. Mr.Hammond seconded the resolution and it was adopted by the following vote. Ayes. Councilmen Christensen,Walker,Krumb,Hammond,Crosby,Ells,Probst and Bullock,(8). Noes: None. Absent:Councilman Fisher,(1). Mr.Bullock offered the following resolution and moved its adoption: Resolved: That the sum of Two Hundred Dollars is hereby transferred from the Gener- al Fund to the Police Pension Fund and the Auditor is hereby directed to effect such transfer. Mr.Hammond seconded the resolution and it was adopted by the following vote. Ayes: Councilmen Christensen,alker,Krumb,llammond,Crosby,Ells,Trobst and Bullock (8). Noes: None. Absent:Councilman Fisher. it .1.‘;ill,a1k, lected on December 8th 1009. Ordered filed. A report Was receive fror the 7unicipal Electric Tight Ylont for tie month of Novenlier,1909. Ordered filed. A communication was received from I',.P.Shepard,Secretary of the Oakland Vater Front Company statina that their letter regarding the deeding of land to the City for Street rurposes under Resolution of Intention :To.737,meant that they would deed such land provided that they be released from any expense of any character for any future improvement of the said street. Ordered filed. An affidavit showing due mailing of notice of hearing of protest to the opening of a new street as proposed by Resolution of Intention No.737,wns presented by the Clerk. Mr.Harmond moved that it he filed,that the protest he sustained and that all actions of the Council regarding the proposed opening he rescinded,seconded 1y r. Ells and carried by the following vote. Ayes:Councilmen Christensen,Walker,Krumh, Hammond,Flls,Probst and Bullock, (€) Noes :None. Absent :Councilman Fisher, (1). ,re-r-cc, a 11C1, A commithicationAwas receiv0 from/the Alaska Packers Association requesting that the route of the street proposed to be opened under 2.esolution of Intention No.737 he changed and to that end agreed to deed to the City certain land for the opening of a new street provided that the City would close up and abandon certain parts of Clement Avenue ,Paru Street and Nautilus Street. The :,:ayor asked Captain Y.oser representing the Alaska Packers Association if the said Association would be willing to assume the exPense of advertising etc necessary for closing of the said streets ,to which Captain Moser replied that it would. be responsible for any reasonable expense. Thereupon 1r.1-Jammond moved that the Council take a recess for five minutes,seconded by r.Probst and carried. On reconvening all members were noted present except Councilman Fisher and there- upon the communication was ordered filed and Mr.Krumb offered the following Resolution and moved its adoption: Be it Resolved : That the public interest and convenience require and that it is the intention,now declared,of the Council of the City of Alareda,County of Alameda, State of California,to order the closing up of the northern end of Nautilus Street, the northern end of Paru Street and the western end of Clement Avenue,the same being streets and avenue in the City of Alameda and to abandon said portions of said streets and highways in said City of Alameda. And it is further Resolved: That the land deemed necessary to he taken for said closing and to be abandoned and closed up for street and highway purposes is hounded and described as follows:- 1st. All that portion of Clement Avenue included within lines described as fol- lows: Beginning at the southwesterly corner of Clement Avenue and Hibbard Street and running thence along the present southerly line of Clement Avenue,N 610 21' W,72.00 feet to the line dividing the marsh land from the high and dry land as surveyed by the Pacific Improvement Company;thence along said line S 76° 4' E.,105.46 feet;thence S. 76° 53' W.40.22 feet,to the point of beginning. 2nd. All that portion of Paru Street included within lines described as follows: Beginning at a point on the westerly line of Paru Street 91.05 feet northerly we from the northeasterly corner of Paru Street and Eagle Avenue and running thence along said line of Paru Street,N.28' 39' E.155.37 feet to the line dividing the marsh land from the high and dry land as surveyed by the Pacific Improvement Company;thence along OUJU 1111U,,...) /0 n.,06.uq ieei io Ine liA3.steriy line or varn .3treet;thenee along said line,S.28° 39' W.,138.52 fect;thence N.69° W.,68.29 feet to the point of heginning. 3rd. All that portion of Nautilus Street included within lines as described as follows Beginning at the northwesterly corner of Nautilus Street and Eagle Avenue and run- ning thence along the westerly line of Nautilus Street,N 28° 39' E.,173.92 feet to the line dividing the marsh land from the high and dry land as surveyed Iv the Pacific Ern- provement Company;thence along said line,5.76° 4' E.,62.04 feet to the easterly line of Nautilus Street;thence along said line,S.28° 39' W.,189.60 feet to the northerly line of Eagle Avenue;thence N. 610 21' W.,60 feet to the point of beginning. And be it further Resolved: That this Council deems the said work and improvement to wit: the closing of said portions of said streets and avenue as aforesaid and the al)an- donment thereof as portions of said public streets and highways to be required for the public interest and convenience,and that it is the intention of this Council to order the closing up of said portions of said streets and avenue. And be it further Resolved: That no darnages,costs or expenses will result or ac- crue on account of said closing up of said portions of said streets or avenue and that therefore no assessment is necessary therefor and no district of lands is necessary to be described or established for assessment purposes. And he it further Resolved: That the proceedings for the closing up of said por- tions of said streets and avenue as aforesaid are commenced and the same shall be con- ducted under the provisions of an act of the Legislature of the State of California en- titled "A;1 ACT to provide for laying ont,opening,extending,widening,straightening,or closing up in whole or in part any street,square,lane,alley,court,or place,within muni- cipalities,and to take and acquire any and all land and property necessary or convenient for that purrose",approved March 6th 1869. The Alameda Daily Argus,a daily newspaper published and circulated in said City of Alameda is hereby designated as the newspaper published and circulated in said City of Alameda in which shall be published the notices and advertisements required by law to be published by the Street Superintendent of said City,or other officer,in relation to the work and improvements as above described. All persons objecting to said work or improvements are required to file their writ- ten objections to the same in the office of the City Clerk of said City as required by law. Hr.Christensen seconded the Resolution and it was passed and adopted by the follow- ing vote. Bullock,(8). Ayes :Councilmen Christensen,Walker,Krumb,Hammond,Crosby,Ells,Probst and Noes :None. Absent :Councilman Fisher (1). An affidavit of Publication of Notice of Proposals for Fire Hose was presented and order filed and the Clerk reported. that in reply to said notice eight bids had been pre- sented. LIr.Hammond moved that the same he received and opened,seconded by Mr.Christen- sen and carried and thereupon they were opened and read as follows: Eccles & Smith Co.,of San Francisco.accomranied by certified check for $120.00 2t' inside diameter,Double Jacketed---80r/ per ft. Phoenix Rubber Co.,of San Francisco,accomanied by a certified check for $120.00 Chariot Brand 80V per foot. Bowers Rubber Co.,accompanied by a certified check or $120.00 Victor Brand-- Reliance Brand Guardian Brand -- 60c/ per foot 75r/ per foot '7(4 per foot Eureka Fire Hose Mf . .,accompanied by a certified check for el50.00 Varagoniire riose Trumpet Jacket 91.vy per loot, SO per foot The Gutta Percha & Rubber Mfg.Co.,accompanied by a certified check for $135.00 Underwriters Brand 810 per foot Goodyear Rubber Co.,accompanied by a certified check in the sun of $120.oe Trident Brand 800' per foot Gorham Rubber Co.,accompanied by a certified check in the sum of .00 Amazon Brand Fearless Brand 900' per foot 800' per foot Revere Rubber Co.,accompanied by a certified check in the sum of 120.00 Mastiff Brand 130 per foot Mr.Krumb moved that the bids he referred to the Fire,Y,ater and Police Committee of the Council and the Police and Fire Commission,seconded by Mr.Christensen and carried. A bond in the sum of $500.00 for the Excavating of Streets was received from the Pacific Tel & Tel Co. Ordered filed. A certified copy of a Resolution of the Board of Supervisors of Alameda County was received from the County Clerk declaring it their intention to take charge and main- tain the Park Street Bridge ,the Fruitvale Avenue Bridge and the High Street Bridge across the Tidal Canal on the north side of Alameda provided the Government of the United States would first place them in repair and in working condition and that the City of Alameda would furnish the necessary electric power to work them. Ordered filed. Mr.Ells moved that McGeorge and Cooper be granted a gratuitous license to solicit for orders for gas burners,logs and grates manufactured by themselves as per their ap- plication presented at the meeting of D ecember 7th 1909,seconded by Mr.Hammond and carried. Moses S.Benrimo presented an application for a gratuitous license to peddle cigars, basing his application on his being an honorably discharged sailor from the U.S.Govern- ment service. Mr.Probst moved that the same be referred to the License Committee,seconded by Mr.Krumb and carried. A communication was received from R.B.Tappan,Police Judge regarding the howling of dogs etc. Mr.Hammond moved that it be referred to the City Attorney, seconded by Mr. Bullock and carried. The City Attorney reported that he was fully posted on the com- munication and referred it back to the Council with no recommendations thereupon on mo- tion of Mr.Probst it was ordered filed. A communication was received from the Street Committee recommending that the Street superintendent be directed to take down,remove to and store the tank located at the south end of Park Avenue,at the Corporation Yard at the north end of Grand Street. Mr. Hammond moved that the recommendations be adopted,seconded by Mr.Bullock and carried. A communication was received from the Street Committee stating that the sum of irdi 250.00 had been set aside in the budget for the construction of a bulkhead at the south end of Oak Street,that they had found that concrete tops with chain guards could be con- structed across the ends of both Oak and Laurel Streets and recommended that the Mayor and City Clerk be authorized to enter into a contract on behalf of the city with Powell Bros Construction Co.,to make such improvement. Mr.Hammond moved that the recommenda- tion be adopted,seconded by ::.r.Zrumb and carried by the following vote. Aye :Council- men Christensen,Walker,Krumb,Hammond,Crosby,Ells,Probst and Bullock,(S). Noes:None. Absent:Councilman Fisher,(1). A communication was received from the Street Committee reporting that the Street 1v Alc“ 14v4r4.L..Lcu ji i/VIICrZi own1f16 properzy on oan tiose Avenue between Versailles Avenue and High Street and on High Street between San Jose Avenue and. Enoinal Avenuewhere no sidewalks are laid to have same laid immediately. Ordered. filed. A communication was received from the Street Committee recommending that the Clerk directed to request the Railroad Company to remove the alarm bell maintained by it at he Everett Street and the Railroad crossing,removed. Mr.Hammond moved that the recommen- dation be adopted,seconded by :r.Krumb and carried. A communication was received from the Police and Fire Commission requesting author- ity to dispose of two horses (Ned and Ben) now used by the Fire Department by advertising for bids for the sale of same. On motion of Mr.Hammond the communication was ordered filed. A communication was received from A.Latham,President of the Police & Fire Commis- sion stating that the said Commission had decided not to ask to put anything in the call for a bond election at the present time relative to either of the departments under their control;also that the Electrical Department of the City could purchase the two horses that the Fire Department was desirous of disposing of,for the sum of 400.00. L:r.Ells moved that the Department of Electricity be notified of the said offer and the Police and Fire Commission be authorized to sell the said horses to the said department for the figure quoted,seconded by Y.r.Hanmond and carried. A report was received from J.:B.Kahn,Superintendent of the Municipal Electric Plant stating that he estimated the cost of installing a Police Telephone and Red Light System such as the Police & Fire Commission desired to install,at 1 ,460.00. Ordered filed. A communication was received from the Police & Fire Commission referring the matter of an additional fireman for the Court Street Fire Honse,back to the Council advocating that an additional fireman be employed and stationed at said Fire House. 17 .711s moved that the matter be referred to the Fire,Water and Police Committee,seconded by Mr.KrunTh and carried. A communication was received from the Police & Fire Commission requesting that they be authorized to advertise for bids for an Auto Patrol and Ambulance Wagon,as their were no specifications presented,on motion of ,T.r.Probst the matter was laid over until the next meeting of the Council. A communication was received from the Police & Fire Commission recommending that wired glass fire shutters be installed on the windows on the west side of the City Hall on account of the building under course of construction on the said west side. r. Hammond moved that the matter be referred to the Public Buildings and Grounds Comrnitt.e seconded by Mr.R1ls and carried. A deed was received from 7.S.Goding and. Josie I.Goding,hie wife deeding to the City for street purposes a certain piece or parcel of land on the south side of 7.ncinal Avenue between Pease Avenue and Broadway provided that no assessment or expense would he charged to them for the taking of any other land for the purpose of any widening of 2ncinal Avenue at the said point. 17.r.Probst moved that the deed be accepted and that the City Attorney be directed to record the same,seconded by :Tr.Hammond and carried. A deed was received from Chas S.11eal and. Annie L.Neal,(his wife) to a piece or par- cel of land to he used for street purposes located on the east side of Park 3treet,he- tweed d)anta Clara and Central Avenues. -Er.Prob 0 moved that the same be received and held by the Clerk until ::.r.71eal completes his real estate deal for the sale of property owned by him at the -i.V.corner of Park and. Central Avenues ,to the U.S.Government,second- ed by Br.Ells and carried. A report was received from the Pu'elie Utilities Committee to the effect that the ielegrapn )mpuillt-10 Ju ocilo charges in the delivery of messages and packages in distant parts of the City from their offices,and recommending that the Clerk deliver a copy of the same to the Alameda Im- provement Club who had made the complaint. On motion of :r.Hanmond the report was or- dered filed and the recommendation adopted. A petition was received from J.Bernard and others requesting that steps be taken to widen Lincoln Avenue between Oak and Park Streets on account of the danger caused by the widening of the Railroad tracks in the electrifying their system. 1:11-.Krumb moved that the matter be referred to the Street Committee,seconded by :r.Hammond and carried. Lr.7rumb offered the following Resolution and moved its adoption: Resolved by the Council of the City of Alameda: That the street designated as Gould Court as shoan upon that certain map entitled "Map of Gould-Nason Tract City of Alameda,California" which map was presented to the Council on the 21st day of December,1909,is hereby accepted on behalf of the public and the City Clerk of the City of Alameda is hereby authorized and directed to endorse upon said map the fact of such acceptance. Accompanying the resolution was a map of the said Gould-Nason Tract. T:Ir.Walker seconded the resolution and it was adopted by the following vote. Ayes: Councilmen Christensen,Thlker,Yrumb,Hammond,Crosby,Ells,Probst and Bullock,(8). Noes None. Absent :Councilman Fisher, (1). A report was received from the Street Superintendent certifying that the work of grading,curhing,macadamizing and otherwise improving Fountain Street from the Southern line of Van Buren Street to the northern line of Encinal Avenue had heen done by Hutch- inson Company under his direction and to his satisfaction. Ordered filed. A petition was received from Hutchinson requesting to grade,curb,gutter and macad- amize Santa Clara Avenue and Taylor Avenue between the eastern line of Third Street and the western line of Fourth Street,under private contract. Accompanying the same was a copy of the contract with the property owners owning property fronting on the said streets. :r.la-.umb moved that the petition be granted,seconded by ::r.Probst and carried. A report was received from the Commissioners appointed for the opening of a new s. street near the North end of the Tebster Street Roadway,under Resolution of Intention No.731. Llr.Drobst moved that the report be filed and referred to the Committee of the Thole,seconded by ::r.Hammond and carried. 7:1r.lirumb introduced A Bill entitled "A Bill for Ordinance No. Fixing the Offi- cial Curb Grade of the Northerly End of High Street",which was laid over under the crovi- sions of the Charter. An application was received from the Southern Pacific Company for a franchise for a railroad to be operated by electricity or other improved mode of operation except steam locomotives over the following route,to wit: Commencing at a point where the north- sterly boundary line of the City of Alameda is intersected by High Street,running thence southwesterly along and upon said High Street to a point 450 feet,rnore or less, northeasterly from the intersection of said High Street with the proposed tracks of the Southern Pacific Company,for which franchise has been granted by Ordinance 405;thence curving to the right crossing High Street,private property,ancl property to be deeded to the City of Alameda by 'Emilie G.Cohen,for street and highway purposes,to a connection with the above described tracks of the Southern Pacific Company. Mr.Probst moved that it be filed,seconded by Mr.Krumb and carried. Councilman Walker was excused from further attendance and retired. Yir.Hammond offered the following resolution and moved its adoption: ulm ui vjui corporazion,created by andiexisting under laws of the State of :Kentucky and doing business in the State of California,has made ap- plication to the City Council of the City of Alaneda,for a grant to it and its successors and assigns of the right,privilege and franchise,for a term of years ending on the 26th day of July,1949,to construct,maintain and operate a single or double-track railroad of standard guage, together with all necessary switches, crossings, sidings, sidetracks, con- nections, poles, wires and other appliances, appendages and adjuncts, said railroad to be operated by electricity or such other improved method of operation as may be authorized by law, except steam locomotives, over, across, along and upon the following named and de- scribed streets, avenues and private ways in the City of Alameda, State of California, to-wit: Commencing at a point where the northeasterly boundary line of the City of Alameda is intersected by High Street, running thence southwesterly along and upon said High Street to a point 450 feet, more or less, northeasterly from the intersection of said High Street with the proposed tracks of the Southern Pacific Company, for which franchise has been granted by Ordinance 450; thence curving to the right, crossing High Street, private prop- erty, and property to be deeded to the City of Alameda by Emilie G. Cohen, for street and highway purposes, to a connection with the above described tracks of the Southern Pacific Company. AND WHEREAS the City Council of the City of Alameda deems it best for the best in- terest of said city that the franchise so applied for be sold in the manner provided by law: NOW, THEREFORE, be it resolved that the fact of such application, together with a statement that it is proposed to grant the same, be and the same is hereby ordered adver- tised in the Alameda Daily Argus, a daily newspaper printed and published in said City of Alameda, and that said advertisement be published in said newspaper daily for ten suc- cessive days. RESOLVED, FURTHER, that said advertisement contain all of the matters and things required by an Act of the Legislature of the State of California, entitled "An Act pro- viding for the sale of railroad and other franchises in counties d municipalities and providing conditions for the granting of such franchises by Legislative or other govern- ing body, and repealing conflicting acts", approved March 22, 1905, and acts amendatory thereof. RESOLVED, FURTHER, that said advertisement be in the following form: NOTICE OF APPLICATION FOR AND SALE OF RAILROAD FRANCHISE, AND ADVERTISELIENT FOR BIDS THEREFOR. NOTICE IS HEPMY GIVEN that on the 21st day of December,1909,an application in writ- ing was made by the SOUTHERN PACIFIC COMTANY,a corporation,organized and existing under laws of the State of Kentucky,to the Council of the City of Alameda,County of Alameda, State of California, for the right, privilege and franchise, for the period ending on the 26th day of July, 1949, to construct, maintain and operate a single or double-track rail- road of standard guage, together with all necessary switches, crossings, sidings, side- tracks, connections, poles, wires and other appliances, appendages and adjuncts, said railroad to be operated by electricity or such other improved method of operation as may be authorized by law, except steam locomotives, over, across, along and upon the following named and described streets, avenues and private ways in the City of Alameda, County of Alameda, State of California, to-wit: Commencing at a point where the northeasterly boundary line of the City of Alameda is intersected by High Street, running thence southwesterly along and upon said High Street, to a point 450 feet, more or less, northeasterly from the intersection of said High Street with the proposed tracks of the Southern Pacific Company, for which franchise has been granted by Ordinance 405; thence curving to the right crossing High Street, private property, and property to be deeded to the City of Alameda by Emilie G. Cohen, for street and highway purposes, to a connection with the above described tracks of the Southern Pacific Company. NOTICE IS FURTHER GIVEN that said Council of the City of Alameda proposes to grant the same upon the terms and conditions and under the restrictions imposed or required by law, and upon the additional terms, conditions and restriction hereinafter set forth, and thrit bids will be received for said franchise, and that it will be awarded to the highest bidder. THE FRANCHISE or privilege proposed to be granted is for the construction, main- tenance and operation of a single or double-track railroad of standard guage, together with all necessary switches, crossings, sidings, sidetracks, connections, poles, wires and other appliances, appendages and adjuncts; said railroad to be operated by electri- city or such other improved method of operation as may be authorized by law, except steam locomotives, over, across, along and upon the streets, avenues, and private ways in the said City of Alameda, hereinbefore set forth . THE TERM for which said franchise or privilege is to be granted is a period end- ing on the 26th day of July, 1949, and the route to be traversed by said railroad is that hereinbefore set forth and particularly described. NOTICE IS FURTHER GIVEN that sealed bids for said franchise will be received up to the hour of 12 o'clock M. on Tuesday, the 4th day of January, 1910, and must be filed with the City Clerk of said City of Alameda, at his office in the City Hall of said City of Alameda, and that upon Tuesday, the 4th day of January, 1910, at the hour of 7.30 o'clock P. M., the said Council of the City of Alameda will meet at the Council Chamber in the said City Hall, in regular and open session, and will then and there open and read said bids, and that thereupon said franchise will be struck off, sold and awarded to the person, firm or corporation who shall make the highest cash bid therefor;, pro- vided, only, that at the time of the opening of said bids, any responsible person, firm or corporation present or represented may bid for said franchise or privilege a sum not less than 10 per cent above the highest sealed bid therefor, and said bid so made may be raised not less than 10 per cent by any other responsible bidder, and said bid- ding may so continue until finally said franchise shall be struck off, sold, and award- ed by said Council to the highest bidder therefor in gold coin of the United States. Each sealed bid shall be accompanied by cash, or a certified check payable to the Treasurer of said. City of Alameda, for the full amount of said bid, and no sealed bid shall be considered unless said cash or check is inclosed therewith, and the successful bidder shall deposit at least 10 per cent of the amount of his bid with the Clerk of said City of Alameda before the franchise shall be struck off to him. And if he shall fail to make such deposit immediately, then and in that case his bid shall not be re- ceived, and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit as above mentioned. Said procedure shall be had until said franchise is struck off, sold and awarded to a bidder who shall make the necessary deposit of at least 10 per cent of the amount of his bid therefor, as herein provided. Said successful bidder shall deposit with the Clerk of said City of Alameda, rithin 24 hours after the acceptance of hid hid, the remaining 90 per cent of the amount thereof, and in case he or it shall fail to do so, then the said deposit and the said franchise shall then and there, by said Council, be again offered for sale to the highest bidder therefor in the same manner and under the same restrictions as hereinbefore provided, and in case said bidder shall fail to'deposit With the Clerk of said City of Alameda the remaining 90 per cent of his bid within 24 hours after its acceptance, the award to him of said franchise shall be set aside, and the deposit there- tofore made by him shall be forfeited, and no further proceedings for a sale of said franchise shall be had unless the same shall be readvertised and again offered for sale, in the manner hereinbefore provided. THE SUCCESSFUL BIDDER and his assigns must, during the life of said franchise, ray to the City of Alameda, 2 per cent of the gross annual receipts of the person, partner- ship or corporation to whom the franchise is awarded, arising from its use, operation or possession. No percentage shall be paid for the first 5 years succeeding the date of the franchise, but thereafter such fercentage shall be payable annually. THE SUCCESSFUL BIDDER for said franchise shell file a bond running to the City of Alameda with at least two good and sufficient sureties to be approved by said Council, in the penal sum of 1.000.00 conditioned that such bidder shall well and truly observe, fulfill and perform each and every tern and condition of such franchise,. and that in case of any breach of condition of such bond, the whole amount of the said penal sum therein named. shall be taken and deemed to be liquidated damages, and shall be recover- able from the principal and suretiee upon said bond. Said bond shall be filed with said Council within 5 days after such franchise is awarded, and upon the filing and approval of such bond the said franchise shall, by said Council, be granted by ordinance to the person, firm or corporation to Whom it has been struck off, sold or awarded, and in case that said bond shall not be so filed the award of such franchise shall be set aside, ld any money paid therefor shall be forfeited, and said franchise shall, in the dis- cretion of said Council, be readvertised and again offered for sale, in the sane manner and under the same restrictions as hereinbefore provided. NOTICE IS HERIMY GIVEN that said franchise will be granted upon the following terms, conditions and restrictions, in addition to the terms, conditions and restric- tions required or imposed by law, to-wit: 1 - In the event that said franchise shall be sold. to any person, firm or cor- poration operating, or intending to operate, a local railroad and ferry system between the City of Alameda and the City and. County of San Francisco, said. railroad to be con- structed shall be maintained and operated by such person, firm or corporation, and his, their or its successors and assigns, in connection with such local railroad and ferry system. In such event, a single fare, good only for a continuous transportation of a passenger over said railroad and the said railroad and ferry system between the City of Alameda and the City and County of San Francisco, in either direction shall not ex- ceed ten cents. Lonthly commutation tickets entitling each purchaser thereof to one round trip daily during the calendar month for which such tickets are issued, over said railroad and said railroad and ferry sytem, between said City of Alameda and said City and County of San Francisco, shall not exceed in cost 43.00 each. 2 - Stations or stopping places for trains shall be established at such convenient points on the route of said railroad as the grantee of such franchise, or the successors or assigns of said grantee shal2 determine. Such station'of stopping places, when once established, shall not be changed as to location, or discontinued, without the consent of the Council of the City of Alameda. 3 - Said railroad shall be constructed and maintained so as to conform as nearly as possible to the official grandee of the street and avenues over, along, upon or across which. it shall be laid; and in case such grades shall be at any time changed, the grade of said railroad shall be changed to conform as nearly as possible to such changed grades. 4 - Said grantee, and tie successors and assigns of said grantee, shall plank or replank, pave or repave, macadamize or remacadamize, the entire length of the portions of said. streets or avenues used by said railroad track or tracks, between the rails and for two feet on each side thereof, and between the tracks if there be more than one, and shall keep the same constantly in repair and with good crossings, and shall con- struct and maintain under said tracks at each street crossing on the route of said rail- road all necessary culverts for the passage of surface waters. Street work required to be done by said grantee, its successors and assigns, shall be done with the sane kind of material as is used on the remaining width of the street or avenue, and shall be performed to the satisfaction of the Superintendent of Streets of the City of Alameda. 5 - A single fare for a continuous passage from any stopping place on said rail- road,in said City of Alaneda,to any other stopping place on said railroad in said city shall not exceed five cents. 6 - Said grantee and the successors and assigns of said grantee shall provide sufficient cars on each passenger train operated on said railroad to accomodate usual and ordinary passenger traffic. Passenger cars shall be of the most approved construc- tion for the comfort,convenience and safety of passengers,and shall be provided with air brakes adequate to stop the sane when required,and with proper couplings. 7 - The tracks of said railroad shall be of standard gauge,shall be laid down and constructed. in a good and substantial manner,and shall have sufficient space between them to allow cars to pass each other freely. Where laid upon streets and avenues, said tracks shall be so laid as to occupy the center of such streets and avenues,as nearly as possible,and shall be so laid as tocause the least possible obstruction to travel. 8 - Trolley poles to be used in the operation of said railroad shall be located as nearly as possible in the center of the streets or avenues upon and along which said railroad is constructed,and between the tracks of said railroad. All wires used in connection with the exercise of said franchise shall be placed at a sufficient height above the ground to avoid obstruction to the ordinary use of streets and avenues. All poles and wires shall be erected to the satisfaction of the Street Superintendent of the City of Alameda. 9 - Work of constructing said railroad must be commenced in good faith within four months from the taking effect of this ordinance,and must be completed within three years thereafter,unless the time for such completion be extended by the Council of the City of Alameda in the manner provided by law. If said work be not commenced and. completed as herein provided,said franchise shall be forfeited. 10 - Firemen while in uniform,firemen while in uniform or not when going to and from fires,policemen in uniform,electricians while on duty in the employ of the City of Alameda,with badges or documents showing their official character,and. all mail car- riers in the employ of the United States of America,at all times while engaged inthe actual discharge of their duty, shall be allowed to ride free of charge on said railroad within the City of Alameda. By order of the Council of the City of Alameda. F. I. Browning Dated,Alameda,Cal., City Clerk and Clerk of the Council December 21st 1909. of the City of Alameda. unu adoptea oy tne roliowing vote. Ayes:Councilmen Christensen,Krumb,Hammond,Crosby,Ells,Probst and Bullock (7). Noe :None. Absent:Councilmen Walker and Fisher, Mr.Yrumb moved that O'Brien and Werner be granted permission to install terra Cot- ta flue e in the house they are building for Dr.W.T.Lum at the southeast corner of Bay St. and San Antonio Avenue,seconded by Er.Probst and carried. Mr.Hammond addressed the meeting regarding the operation of street cars on and from San Jose Avenue to Oakland and recommended that the Oakland Traction Company be requested to place two additional switches on San Jose Avenue and to lay double tracks on Park Street from Santa Clara Avenue to San Jose Avenue. Mr.:Krumb moved that the Public Util- ities Committee make such request,seconded by 4.Hammond and carried. at Mr.Bullock offered the following Resolution and moved its adoption: RESOLUTION: Determining that the Public Interest and Public Necessity of the City of Alameda,demand the Acquisition,Construction and Completion of Certain Permanent Munici- pal Improvements,Buildings for Municipal Uses,and Other Works,Property and Structures Necessary and Convenient to carry out the Objects,Purposes and Powers of said Municipal- ity,the Cost of which is too Great to be paid out of the Ordinary Annual Income and Rev- enue of the said Municipality. WHEREA ,the City of Alameda is a municipal corporation,duly incorporated and ex- isting under and by virtue of the laws of the State of California,and WHEREAS,the Council of said City is the legislative branch of said city,and the Mayor of said city is the Executive of said city and municipality, it is now by said Coun- cil after full examination and consideration hereby RESOLVED Section 1. That the Council of the City of Alameda hereby determines that the pub- lic interest and the public necessity of said City of Alameda demand the acquisition,con- struction and completion of certain permanent improvements,buildings for municipal uses, and other works,property and structures which are necessary and convenient to carry out the objects,purposes and powers of said municipality and which are namely: The erection and equipment of a new elementary public school building in place of the Haight School Building,the estimated cost of which is hereby determined to be One Hundred Thousand ($100,000) Dollars;the completion and equipment of a new elementary school building about to be erected at the south-east corner of Santa Clara Avenue and Eighth Street and the completion and equipment of an addition to the Wilson School build- ing,the estimated cost of which completion and equipment and of said addition is hereby determined to be Fifty thousand (50,000.00) Dollars;the construction and installation of an intercepting sewer along the south shore,the estimated cost of which is hereby determin- ed to be Thirty thousand ($50,000.00) Dollars. Section 2. That it is hereby further determined by said Council of the City of Al- ameda that the cost of the aforesaid permanent municipal improvements,buildings for muni- cipal uses,and other works,utilities,property and structures and each of then will be and is too great to be paid out of the ordinary annual income and revenue of said City of Ala- meda,and that the cost thereof and of each of them will require an expenditure greater than the amount allowed or which may be obtained by the ordinary annual tax levy of said city,and that the cost thereof and of each of them in addition. to the other expenditures of the city will exceed the income and revenue provided for in any one year or in the current fiscal year. Section 3. That it is also hereby determined that said Council of the City of Ala- meda will,for the public interest and necessity,and in accordance with the provisions of an Act of the Legislature of the State of California,entitled,"An Act autnorlzing tne incurring of indebtedness by cities,town and municipal corporations for municipal im- provements,and regulating the acquisition,construction or completion thereof," (became a law under constitutional provision without Governor s approval,February 25th.1901.), together with the Acts amendatory thereof,in accordance with which Act of Legislature and said Amendatory Acts,this resolution is adopted,at a subsequent meeting of said Council of the City of Alameda,by ordinance,call a special election and submit to the qualified voters of said city,the proposition of incurring a debt for the purposes there- in set forth as above stated. Mr.Crosby seconded the resolution and it was passed and adopted by the following vote. Ayes :Councilmen Christensen,Krumb,Hammond, rosby,Ells,Probst and Bullock, (7). Noes:None. Absent :Councilmen Walker and Fisher,(2). Mr.Bullock offered the following resolution and moved its adoption: Resolved that the City Attorney be and he is hereby directed to prepare and pres- ent to this Council such resolutions and ordinances as may be necessary to continue and carry out the bond issue proceedings this day commenced by resolution of this Coun- cil;and that he prepare and present to this Council from time to time such notices,res- olutions and ordinances as may be necessary for the calling and holding of the elec- tion therefor,and issuance and sale of such bonds as may be authorized. Mr.Crosby seconded the resolution and it was passed and adopted by the follow- ing vote. Ayes:Councilmen Christensen,Krumn,Hammond,Crosby,Ells, Probst and Bullock, (7). Noes :None. Absent :Councilmen Walker and Fisher, (2). Mr.Crosby called the attention of the Council to the matter of the next regular Committee meeting as falling on New Year's Eve and moved that the said meeting be held on Thursday the 30th day of December,1909,seconded by :.:Ir.liammond and carried. Mr.Krumb moved that the Clerk be directed to communicate with the Dow Pumping Engine Works and invite them to have a representative present at the next committee meeting tO discuss the matter of the wharf at the north end of Oak Street,seconded by Mr.Bullock and carried. Mr.Murphy addressed the Council regarding a garbage incinerator located in San Jose nd invited the Mayor and Council to visit and inspect the same. Mr.Krumb volunteered to go down and see it. and thereupon Mr.Probst moved that the Council ac- cept the invitation and that Mr.Krumb be appointed as a special committee of one to attend,seconded by Mr.711s and carried. There being no further business to come before the Council the Mayor declared the same adjourned until its next regular meeting,on Muesday,January 4th 1910,at 7.30 City Clerk.