New-York tribune., 1908-12-09
PUBLIC NOTICES.


Thirtv-irss-The Company shall assume
ali liability to persons or property " .
son or the construction or cI<Ehiioh u -
railway authorized by this contract, ana IL
a., % CCondsfton Of this contract that the
Cttv shall assume liability WhatsoeNe Nef -
either persons or property on accoulIt y - -
repay TO the city any damage Wh4Sh @ .uo
CITY shall he compelled to pay py 4e1S'AA
of am acts Or default OF the COMPANY
Thirty-secund-Th grant upon tne Sn-
,ress condition that the Company within
thirty t30) days after the sisnlhe .. Li-It t-ns
contraQs by the Mayor, and before al ,S .LIIl1S
hereby, shall deposit with the Coiilp ore !olIea
Of the CITY Of New York the sum OF !@hIse @
thousand Eve hundred dollars (sn''VOl'
either in money or securities 10 pe Sp
proyed by him which fund Ehall be security
Tor the performance by the Company OF All
of The terms and conditions OF thls con
tract especially those which relate 10 me
navrnent OF the annual charges for the
privilege hereby granted, the eIlIenCy %
the puDic service rendered, Ite iCla.ts Cl, "
the street and bridge pavement, t1e Is4iON ~ O.
IF snow and ice and the quallty OF con
struction of the railway, ana III CAS- % ~ ~
fault in the performance by the 1oihpeLS,
Of such terms and conditions the Ni'y sEa'l
have the right 10 cause the "oIA - -
done and the materials to be rec loI
the performance thereof afteT que LluaCo;
and shall collect the reasonable cost thStSSA
from the said fund without legal pTocse1-
ings: or after default In the payment d ne IN,
annual charges. shall collect the SAINT VIZ VIII
notice IN writing to the Company OF IN
case of failure to keep the said terms ana
conditions Of us contract relating 10 tne
headway heating and lighting OF cAtSs
fenders. wheel guards and watering OF
street pavements, the Company snaII pay
penalty OF fifty dollars $50 per day @ hor
each dav of violation and the further sum
of ten dollars $40 per day lot edCh CaI
that shall not he properly heated Egntso
or supplied with tenders or wheel giaIds,
in case Of the violation Of inc pfONlSIoi'S
q those
-rhe procedure for the imposition ana col.
lection of the penalties in this contract small
The Comptroller of the City. on complaint
made, shall. in writing, notlfy tie I'm I'm
pany through its president, 10 sPFeL re
fore him on q certain Gay not less man
;e1l GOO days after the date Of such nooce'
to show cause Why IL should not De penal
ized in accordance with the foregoing pro
yieions II the Company fails TO max an
aDDesrsuce or. after d hearing, appears IN
the Judgment Of the Comptroller TO De IN
fault, said Comptroller shall torthTIlu IN m
pose the prescribed penalty, or WhcIe thS
amount of the penalty is not prescrloeu
herein. such amount as appears 10 hlRi 10
be Just and without legal procedure VIII
draw the amount of such penalty from the
security fund deposited with him In case
of any drafts made upon the .Secoilty
fund the Company shall upon Yen tlVl Cd, Ga
notice in writing. pay 10 the Coulplrol49L % o5
the CITY q sum sufficient n restore sald
security fund to the original aInouhI oI
three thousand i've hundred dollars tS5rJo9l.
and in default thereof this contract shaIi
he cancelled and annulled at the option OK
the Board. acting in behalf Of the C[y.
provisions Of this contract shall aftect any
other legal rights. remedies OF causes OF
action belonging to the city.
Tbirty-thirdLrh The grant Of this privilege
is sIIbfac, TO whatever right. title or in
terest the owners OF aputting properly or
others. may have in and to the slree1s'
avenues and highways in which the COIL
panv is authorized to operate
IhiUty-fourth--Ths WOros EoICt OF
direction wherever used in this contract
shall be deemed 10 mean a written notlce
or direction Every such notice or direc-
tion to he served upon the Company shal
be delivered at such Office in the Clty az
shall have been ueSignated by the Com
pany or If no such office shall have oeen
designated. OF If such designation shal- nave
tor any reason become imperative shaH os
MALE in the City postage prepaid al
dressed 10 the Company at the City. ise-
livery or mailing OF such notice or dlrec-
ton as and when above provided SHAH De
equivalent to direct personal notice or oil
rection, and shall be deemed TO have been
given at the time Of delivery or mailing
Thirty-fifth-If at any time the powers
Of the Board or any other OF the authorities
herein mentioned or intended 10 be men
toned shall be transferred by law - any
other Board. authority, officer or ofncers,
then ana in such case such other Board
authority. officer or officers shall have all
the powers, rights and ouuss herein re
served TO or prescribed for the Board or
other authorities, officer or officers
sec. 3. This contract IS also upon the
further and express condition that the pro
visions Of the Railroad Law. applicable
thereto, aud all laws or ordinances now IN
force or which may be ADOPTED, affecting
the surface railways operating IN the CITY,
not inconsistent with the terms and condi-
tiors herein before fixed. shall be strictly
complied with by the Company.
sec. 1. The Company promises, cove
nants and agrees on its part and behalf 10
conform to and abide Dy and perform all
the terms. conditions and requirements in
this contract fixed and contained.
In witness whereof, the party Of the first
part. by its Mayor, thereunto duly author
lied by the Board of Estimate and Appor-
tlonment OF SAID City. has caused the cor
porate name Of said City to be hereunto lllt .
signed and the corporate seal Of said City
~ he hereunto affixed. and the party of
the second part, bv its officers, thereunto
, duly authorized has caused its corporate
name l. bc hereUujo signed and it's cor
I-,rate seal to he hereunto affixed. the day
and year first above written.
THE CITY or NEW YORK,
Mayor