New-York tribune., 1908-12-17
PUBLIC NOTICES.

ute or IN the charter OF such assignee or
lessee to the contrary Notwithstanding, ana
that the said assignee or lessee valves any
more favorable conditions created by such
statute or is charter. and that il will not
claim by reason thereof or otherwise ex-
eInptlon from liability to perform each ana
all Of the conditions OF this contract.
SlXth-The rights and privileges hereby
granted shall not be assigned, either in
whole or in part. or leased or sublet IN any
manner. nor shall title thereto. or right, In
terest or property therein, pass TO or vest
In any other person or corporation whatso-
ever, either by the act OF the Company, or
by operation OF law. whether under the pro
visions OF the statute relating TO the con-
schCatiOn or merger OF corporations, o.
otherwise. without the consent Of the City,
acting by the Board, evidenced by an IN
strument under seal. anything herein con
tanned to the contrary thereof in any wise
Notwithstanding and the granting, giving
or waivins Of any one or more OF such con
sen5s shall not render unnecessary any sub
seQuert consent or consents
Seventh-Nothing in this contract shaH
be deemed TO affect in any way the right
of the City to grant to any individual or
other corporation similar right or privi-
lege upon the same or other terms and cor
dlUons. over tbs same streets, avenues or
highways. hereinabove described in sec
tiCn /
The use OF said railway which shall be
constructed by the Company under this con-
tract. including the tracks. wires and other
equipment or any structure IN public streets
used IN connection Herewith, shall be per-
mitted by the Company. TO any individual
or corporation to which the City may have
granted, or may hereafter grant, the rlght
or privilege TO use such streets. avenues or
highways hereinabovs described IN section
!. for street railway purposes, upon pay
ment Of an annual sum by such Individual
or corporation 20 the Company, which shaI
not exceed the legal interest on such pro
portion OF the whole cost of the constiuc.
tfO0 Of such railway and structures. and OF
the cost OF keeping the tracks and track
equipment In repair, as the NUMBER OF cars
operated by such company or individual
N ia 1hHr Of
by The companies then using the same. to
gether with the actual cost OF the power
thereon of such Individual or corporation
and the cost Of laying and repairing OF
pavement and removal Of snow and ice, and
all the other duties imposed upon the COM
pany by the terms Of this contract. in con
neCtion with the maintenance or the opera
ton Of the said railway so used. Provided.
however. that If in the opinion Of the Com
pany the legal rate Of interest Of the cost
OF such railway shall be an insufficient sum
TO pay Tor the use Of such tracks, II may
appeal to the Board. and the Board m9y
fix percentage Of the cost 10 be paid to
the Company al a sum in excess OF the
legal rate Of interest. II in its opinion such
The Company shall not at any time op-
pose. but shall. upon the request OF the
operation Of any street surface railway
which may neCessitate the use Of any por-
tior OF the railway which shall De con-
structed by the Company pursuant to this
contract.
Eighth-Sald railway may be operated by
overhead electric power substantially SINH
lar TO the overhead electric system now in
use by street surface railways in the Bor-
ough Of The Bronx, or by any other motive
power except locomotive steam power or
horse power, which may be approved by
the Board, and consented TO by the abutting
property owners in accordance with the pro-
visions Of law. and by the Public Service
Commission Of the First District of the
State OF New York.
Ninth-The Company shall commence con-
strucrion OF the railway herein authorized.
within six months from the date upon
which the consents Of the property owners
are obtained. or from the date upon which
the Decision Of the Appellate Division Of
the supreme Court that such railway ought
to be constructed IS rendered IN lieu Of such
consents, and shall complete the Construc-
ton and place the same in full operation
within six months from the date OF obtain
ing such consents or such decision. other
wise this grant shall cease and determine,
and all sums paid. or which may be de
posted with the Comptroller Of the City as
hereinafter provided, shall thereupon be for
feited 70 the City. provided. that such
periods may be extended by the Board for
period or periods not exceeding in
the aggregate six months each: and
provided, further, thst when the CON-
mencement or completion OF said con-
ceedinss in any court or by works Of public
Improvement, or from other causes not
within the control of the Company. the time
for the commencement OF completion or
such construction may he extended for the
period Of such prevention. but no delay
shall be allowed for unless the court pro
ceedings shall be diligently prosecuted by
the Company: and provided. further. that
in no case shall such delay be deemed to
begin until the Company shall have given
written notice 70 the Board Of any such
court proceedings or other occasion Of de-
lay, and deliver 10 the Board copies Of any
Injunction or other orders and the papers
upon which the same shall have been
granted, and unless upon tho request of
the Board tho Company shall Fl writing
-F~T
name as a party. or IN the name Of the
city party, may intervene IN any
such proceedings.
Tenth-Such railway shall Be constructed,
maintained and operated subject to the su-
Peryision and control Of all the authorities
of the City who have jurisdiction IN such
matters as provided by the Charter Of the
City. Before any construction shall be
commenced upon any portion OF the route
written permits shall be obtained from the
President Of the Borough Of The Bronx and
the Commissioner Of Water Supply, Gas and
Electricity. and the Company shall comply !
with any conditions which those officials
permit IS granted, provided such conditions
are imposed for the purpose OF protecting I
the structures over which those officials
have Jurisdiction
Eleyenth-Said railway shall be con-
EtruCted and operated n the latest ap-
proved manner Of street railway construc-
tiou and operation, and Il IS hereby agreed |
that tie Board may require the Company TO
improve or add 10 the railway equipment,
lNcIuulng EOlllEg STOCK ana railway appLT- /
tenances. from tna TO time. as such auoi-
tions and improvements are necessary. in /
the opinion Of the Board Upon failure on
the part of the Company 10 &mply with |
the direction OF the Board within a reason !
able time, the rights hereby granted shall !
cease and determine.
Twelfth-The rate Of fare for any pas
seugSr upon suCn railway shall not exceed !
five 10 cents. and the Company shall not !
charge any passenger more than i've 90 |
cents for one continuous ride from any |
frr ~r7s = -Hvr-uE Ina = ~,
operated IN connection herewith, 10 any !
point thereof OF any connecting line or /
branch thereof. within the limits Of the !
City.
The Company shall carry free upon the |
railway hereby authorized. during the term |
and Fire Department Of the City. when /
such employees are IN full uniform.
The rate for the carrying OF property over |
the railway hereby authorized shall IN al |
cases be reasonable IN amount. subject to !
the control Of the Board or its successor in !
authority, and may be fixed by such |
Board after notice TO the Company and q |
hearing had thereon and when so fixed /
such rates shall be binding upon tbs Com |
pany, its Successors or assigns, and no !
greater sums shall be charged for such ser |
vice than provided for by Il.
Thirteenth-No car shall be operated upon |
the railway hereby authorized, other than |
cars. cars for the trans sportation |
of express matter and cars necessary FOR |
the repair or maintenance os the railway.
and NJ freight cars shall be operated upon !
hereby authorized shall not be used for the |
storage of cars
Fourteenth-Cars on the said railway |
shall run at intervals Of not more than |
thirty minutes both day and night. and as |
much oftener as reasonable convenience Of !
the public may require or as may be d. |
recte6 by the Board
Provided. however. that the Company |
during the first five years Of this contract, |
shall not be. required TO operate its cars |
between the hours OF ! o'clock a. m. and !
five o'clock e. m. each day, unless the |
Board shall determine after a hearing had /
thereon that public convenience requires the /
operation Of cars during said hours.
Fifteenth-The Company shall attach to /
each car run over the said railway hereby |
authorized proper Tenders and wheel guards |
in conformity with such laws ana Ordi- !
- noes as are now IN force, or may here |
a fter during the term OF this contract be /
enacted OF adopted by the State or City /
authorities.
Sixteenth-AH cars which are operated |
On said railway shall be heated during the |
cold weather IN conformity with such laws !
mn o., F--- a.yi