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them for an equal area of public lands within the reservoir sites. The City and County in 1907 secured an option to purchase these lands, which option was merged into an agreement to purchase them in December, 1908.

On July 20, 1909, the final payments were made to Elmer E. Smith for lands owned by him, and on July 22, 1909, like payments were made to Lizzie B. Covel for herself and as guardian of the estate of Horatio G. Kellett, a minor. The total price paid for the so-called Smith lands was $155,884.60, and for the so-called Covel lands, $17,579.20. A description of the lands will be found in the volume entitled "Real Estate owned by the City and County of San Francisco,'' at pages 195-196.

BONDS SOLD,

A portion of the $600,000 bonds authorized at the election on November 12, 1908, amounting to $240,000 were sold on June 28, 1909, for the sum of $243,050. The remainder of the bonds ($360,000) were sold December 6, 1909, at An unsuccessful attempt to restrain the sale of these bonds was made in June, 1909. The suit entitled Root vs. the City and County of San Francisco et al' is still pending.

par.

BOND ISSUE OF $45,000,000.

Proceedings for the issue of bonds to the amount of $45,000,000 for the construction of a complete water system, with the source of supply at Lake Eleanor and the Tuolumne River and its tributaries were commenced in October, 1909. The account of these proceedings will be given in the volume of Municipal Reports for the next fiscal year.

Ocean Shore Railway Co.'s Franchise

NOTE-In the Appendices to the Municipal Reports of 1904-05, pages 558 to 586 inclusive, and of 1906-07, pages 873 to 886, are published the proceedings in detail relative to the granting of the Ocean Shore Railway Company's franchise by the Board of Supervisors, from date of June 26, 1905, to February 11, 1907. This article contains the history of further proceedings in connection with grant of said franchise.

EXTRACT FROM JOURNAL OF PROCEEDINGS RELATING TO OCEAN SHORE RAILWAY FRANCHISE, SEPTEMBER 28, 1908.

The following communications were received and read, the same having been heretofore considered by the Street Committee:

PETITION TO AMEND FRANCHISE.

San Francisco, August 20, 1908.

To the Honorable,

the Board of Supervisors,

of the City and County of San Francisco.

Gentlemen:-The undersigned, Ocean Shore Railway Company, respetfully requests that your Honorable Board grant it permission, in connection with the franchise heretofore granted by your Honorable Board for the construction of a railroad upon Twelfth street, in the City and County of San Francisco, and State of California, to construct, upon said Twelfth street, a viaduct, commencing at a point 159 feet southeasterly from the southeasterly line of Folsom street, at grade: thence southeasterly on said Twelfth street, raising the grade of said structure as the same is constructed southeasterly on said Twelfth street to where the same intersects and crosses Harrison street, crossing said Harrison street with a clear headroom of 17% feet. The nature of said structure, if permitted to be constructed, will be a re-enforced concrete viaduct, six (6) feet in width, the center line of which will be located along the center line of Twelfth street, commencing at a point 159 feet southeasterly from the southeasterly line of Folsom street and the northwesterly line of Harrison street; thence continuing across Harrison street with a concrete arch. Said structure will occupy only the minimum width required for the operation of a single-track railroad; and will leave 18 feet on either side thereof for street purposes. The nature and character of the construction will not be unsightly, and will give free access thereunder from side to side for pedestrian traffic.

The object of this request is to eliminate the present grade crossing at Harrison street and thence southeasterly, for the reason that, under certain weather conditions, it is impossible to hold a train on the present steep descending grade from Division to Harrison street, and the construction of the proposed viaduct will very greatly contribute to the safety of the public where said railroad intersects said Harrison street.

The matter has heretofore been submitted by our Engineering Department to the Engineering Department of your City, who, in turn, has made a recom

mendation in connection therewith to the Honorable Board of Public Works of your City.

Respectfully yours,

OCEAN SHORE RAILWAY COMPANY,
By J. Downey Harvey,

President.

REPORT OF ENGINEER ON PROPOSED GRADE CHANGES.

San Francisco, September 24, 1908.

Honorable Street Committee,

of the Board of Supervisors,

San Francisco, California.

Gentlemen:-In view of the unanimous opposition of the property owners along Twelfth street to our application for a permit to elevate our track from a point about one hundred and fifty feet southerly from Folsom street to and across Harrison street, filed with your Committee on the 10th instant; and in compliance with your request of the 17th instant, I am handing you herewith a report from our Chief Engineer, Mr. John B. Rogers, which is self explanatory. It is most essential that we take some action to eliminate the point of danger at our Harrison street crossing, and while we would much prefer to proceed on the lines set forth in our original application, we wish to show due respect to the wishes of the protestants, and will therefore be willing to accept the alternative proposition of constructing our line on the revised grade line of Florida street, as suggested in Mr. Rogers' report, if you will re-refer the matter to the Board of Public Works for final action and recommendation, and will so order. Very respectfully,

J. DOWNEY HARVEY,

President.

REPORT OF CHIEF ENGINEER OF COMPANY,

J. Downey Harvey, Esq..

San Francisco, September 24, 1908.

President Ocean Shore Railway Company,

52 Eleventh Street, San Francisco, California.

Dear Sir:-In the matter of our application for permission to construct a temporary single track viaduct, along the center line of Twelfth street, from a point about 150 feet southerly from Folsom street, to and across Harrison street, which matter is now before the Street Committee of the Board of Supervisors, having been approved and recommended by the Board of Public Works:

It is our purpose to eliminate, if possible, an element of great danger in the operation of our road across Harrison street. This crossing lies at the foot of a grade so steep that it is impossible to control the movement of heavy trains thereon, under certain weather conditions when the rails are slippery. To remedy this it will be necessary, either:

(1) To elevate our track at the crossing of Harrison street in manner substantially as shown by the plan submitted to the Street Committee, or; (2) By securing official grade changes on Florida street, northerly from Sixteenth street, and by laying our track to conform to the revised grade line of Florida street, eliminate the steep grade which now constitutes the element of danger.

The proposition of elevating our track along Twelfth street has met with such unanimous opposition from the adjacent property owners that I would recommend withdrawing the application, under an understanding, however, that we will accept an alternative or compromise proposition, substantially as follows: "The Ocean Shore Railway Company will lay and operate its track or tracks. along that portion of Florida street occupied under the provisions of its present franchise, so that the tops of rails shall conform to the official grade elevations, to be adopted and established as the official grades for said portion of Florida street as follows:

"On Florida street at the crossing of Mariposa street, to remain at the present official grade.

"On Florida street at the crossing of Seventeenth street, to remain at the present official grade.

"On Florida street at the crossing of Sixteenth, to remain at the present official grade.

"On Florida street at the southerly line of Fifteenth street, to be raised 7.50 feet, and established at 27.50 feet.

"On Florida street at the northerly line of Fifteenth street, to be raised 5.52 feet and established at 25.52 feet.

"On Florida street at the southerly line of Alameda street, to be raised 1.52 feet and established at 13.52 feet.

"On Florida street at the northerly line of Alameda street, to be lowered 0.46 feet and established at 11.54 feet.

"On Florida street, 51.33 feet northerly from the northerly line of Alameda street, to be established at 10 feet.

On Florida street, 360 feet northerly from the northerly line of Alameda street, to be raised 4 feet, and established at 10 feet."'

The alternative proposition, as above outlined, is in no way as desirable as the plan first suggested, as it will necessarily introduce a grade crossing with the Peninsula Line tracks of the Southern Pacific Company, which under the first proposition could be avoided. This crossing, at the time the franchise was granted, would have been entirely out of the question, but considering the fact that since the opening of the Bay Shore cut-off by the Southern Pacific Company, approximately 90% of the volume of freight and passenger traffic, formerly routed over the Peninsula Line tracks, has been withdrawn and is now being routed via the Bay Shore Cut-off, this crossing can be operated advantageously, and with due regard to the public safety by installing proper interlocking safety appliances, and bringing the trains, cars, motors, etc., of both companies to a full stop before proceeding over and across the same.

This alternate plan will avoid the objections raised by the property owners along Twelfth street to our first proposition of elevating our tracks along that thoroughfare, and will put our approach to Harrison street on approximately a level grade, where our trains can be kept under perfect control. It would also put our crossing of the Peninsula Line track on a level grade, and make the ascent from a point about 125 feet southerly therefrom to Sixteenth street on a 3% grade.

I am handing you herewith map and profile showing the proposed grade changes necessary to carry out the change recommended in this report.

I have conferred with the President of the Board of Public Works and the City Engineer in this matter, and the recommendation submitted herewith meet with the approval of these officials.

Very respectfully,

JNO. B. ROGERS,

Chief Engineer.

CITY ENGINEER

To the Honorable.

RECOMMENDS

the Board of Public Horks,

CHANGE OF GRADE.
Office of Board of Public Works,
Bureau of Engineering,

San Francisco, September 24, 1908.

of the City and County of San Francisco.

Gentlemen-Herewith I submit a schedule for a change of grade on Florida street from Sixteenth street to a line parallel with and 360 feet northerly from Alameda street.

This change is requested by the Ocean Shore Railway Company to eliminate the present element of danger in operating their road on the heavy grade southerly from Harrison street.

I see no reason why the request should not be granted, but with the condition that the Ocean Shore Railway Company stipulates and agrees to bear all direct and consequential damages incident to the change.

As the affected streets are ungraded, there is no need, under the above conditions, of a district being formed for the assessment of damages and benefits. Therefore, I recommend that the grade of Florida street, between Sixteenth street and a line parallel with and 360 feet northerly from the northerly line of Alameda street, and on Fifteenth and Alameda streets, between Bryant and Alabama streets, be changed and established at points and at heights above City Base as described in the accompanying schedule.

Respectfully submitted,

MARSDEN MANSON,

City Engineer,

REPORT OF COMMITTEE ON AMENDING FRANCHISE.

To the Honorable,

the Board of Supervisors,

of the City and County of San Francisco.

Gentlemen:--Your Street Committee to whom was referred the petition of the Ocean Shore Railway Company for permission to construct a viaduct in the line of Twelfth street over Harrison street, crossing the same with a clear headway of 17 feet 6 inches and reaching the present grade of Twelfth street at a point 125 feet southerly from the southerly line of Folsom street, begs leave to report thereon as follows:

That said petition was duly considered by your Committee and inasmuch as objections were made by the owners of property along Twelfth street against any extension to the viaduct now constructed over the crossing of the Southern Pacific tracks at Florida and Division streets, your Committee and the Board of Public Works suggested to the Ocean Shore Railway Company that said application be withdrawn and another filed in lieu thereof, providing for crossing at grade, which would not be so objectionable to owners of property along the

route.

Subsequently, to wit: On September 24, 1908, the Ocean Shore Railway Company filed an amended petition for permission to cross the tracts of the Southern Pacific Company at Florida and Division streets at grade, and also for a modification of the existing grades on Florida from Sixteenth street northerly so as to permit of uniform grade being established between Sixteenth street and a point fifty feet northerly from Alameda street.

No objections have been filed or made to the granting of amended petition by property owners, and in view of the fact that the element of danger now

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