New-York tribune., 1908-12-17

haitian, city Of New York. on Friday,
December IS, 1908. at 1870 O'Clock q.
n, hold a public hearing thereon at
which citizens shall be entitled TO ap-
D'-' anu JOSEPH .HAAG.
Dated New York. November 13. 1905.
BOARD OF ESTIMATE AND APPOR-
TIONMENT. CITY OF NEW YORK
Public Notice is Hereby Given that at
meeting OF the Board Of Estimate and
Apportl0nment held this day, the follow
ing proceedings We're had:
Whereas. the Bronx Traction Company
has under date Of July p. lyDS. made ap-
p!icatiOn to this Board for the grant Of the
right, privilege and franchise 10 construct,
maintain and operate q street surface ran
way upon and along ClasOu Point Road
from WestchesteT Avenue 70 Long lsland
Sound in the Borough Of The Bronx; and
Whereas. Section % of the Railroad Law
and Sections ~ % and - of the Greater
New York Charter as amended by Chap
ters 629 and $50 Of the Laws Of 1903. pro-
vide for the manner and procedure CT
making such grants: and
Whereas In pursuance 10 such laws this
Board adopted resolution on October =
thereon as October so 1908, at which Citl-
zeus were entitled to appear and be heard,
and publication was had for at least Iour-
teen 90 days IN the New York sun
and the New York Tribune newspapers
designated by the Mayor. and in the CITY
was duly had on such day; and
Whereas This Board has made inquiry
as to the money value OF tne s Lra4el..s9 -.
right applied for, and proposed 70 ne
granted to the Bronx Traction company
and the adequacy Of the compensation pro
posed to be paid therefor; now. therefore,
Resolved. That the following form Of the
resolution for the grant OF the franchise or
right applied for By the Bronx Traction
Company, containing the form OF proposed
contract for the grant Of such franchise or
right, be hereby INTRODUCED, ara e!ite4eu ~
the minutes Of this Board. as foAo"s' 10
Resolved that the Board Of Estimate
and ApportionI7LneLn.{i heFSog o-,5nv the
franchise or right fully set out and
described IN the following form OF pro
e17bGdving all of the terms and con
ditions including the provisions as TO
rates fares and charges upon ana SUP
ie~f to the terms and conditions n
ea{I nrono~ed form OF contract con
tained and that the Mayor Of The city
Of New York be and he hereby Is aL-
tborf-e7 10 execute and deliver sucG
contract in the name and on behalf or
the City OF New York, as foilo"S- 10
THIS CONTRACT. made this day o,
100 by and between The City OF
New York hereinafter called ne CllSl
party Of the fir7t mart BY me f HaS 13sr,s M If
saiI CItv under and IN pursuance OF the
authority Of the Board Of Estimate end
L
raIIS5 The E0ar7, and the Bronx Traction
S,o-1ranv Hereinafter called tho Company
nartv Of the second part witnesseJh: .
In consideration Of the mutual covenants
ar5 agreements herein contained. the par-
ties hereto do hereby covenant anu 0e-o7
as e.t5T totio%S The C.i,v hereby grants to the
c,1r,nery subject 70 the terms and co1Hl-
+lons hereinafter set forth the risht anu
privilege to construct. MAINTAIN , aI'L ~.
eta a double track extension To It's present
etraat surface railway. with the necessaIy
wires and equipment, Tor the purpose V.
"1-T-e-i,lg Messengers IN the Borough of
The Bronx. city or New i"'N' "P'N
following route
Beginning at snd connecting with the
existing double track street suIlace
~silyyav on Westchester avenue at Jne
Intersection Of said avenue with
CTason's Point road, and running theu,s
easterly in upo9 a4s ~ a,,hIiEc a,fIE -Iscs
nj the easterly terminus thereof. ana
.f,pniD~ thence with a loop IN. upon
and along said public place: me sag sag
route with turnouts. sWitches an
crossovers hereby authorized Is shown
lIpon a map entitled:
Map showing proposed railway
of Bronx Traction CO. IN the Boz
curh OF The Bronx. City Of New
yoTit. 10 accompany petition to the
Board oT Estimate and ApnoruoH-
ment dated July 2S, 1905
srJ signed bv Edward a. Maher,
President and T. Z. Muuanev. tql7I
Engineer. a copy Of which IS attac1td
bareto is to he deemed a part of this
I.troc+ is 70 he construed with the
teXt thereof. and IS to be substantially
followed; provided. that deVlaliohs
tbsTsfron and additional turnouts.
switches and crossovers which are .3 g.
s.Ftent with the foregoing deScrllt tI3H
and the other provisions Of this con
tract may he permitted by resolution
Of the Board.
Sec, 2 The grant of this privilege is
subject to the following cohdilioas, ll41H
shai! be complied with by the CcmpaH!-
First-The consent In writing OF me
owners Of half in value Of the property
bounded on said streets and avenues TO the
cCr1stTIction and operation OF said railway
shall be obtained by the Company ~ltHIh
six months from the signing or TINS COL
consents shall be fled with the Board
within such time. or IN the event thar 5UcA
consents cannot be obtained Wlthlh such
time the Company shall Withh one ihouIh
tbarsafter make application 90 the Appel
late Division OF the supreme Court IoT me
appointment Of Commissioners IN the man
ner provided by the Railroad Law 10 ue-
+aTnine IL .aid railway ought 70 DO con-
structed: otherwise this grant shaA cease
and determine. ~ . ,.+,,,o,
maintain and operate said railway shau pe
held and enjoyed by the company IoF ne
term of fifteen loj years from the uase
mon which this contract is signed by the
Nfavor with the privilege OF renewal or
said contract for the further perloo OF
twenty t2O years. upon .'iIo, Lal' rev --'-'
OF such right and privilege.
TS M COMPANY shall determine to ex-
.-riea IL nrivfl5Re Of renewal 10 shall make
oD-lfcation TO the Board. or any authority
which shall be authorized bv law 70 act Tor
the city IN place OF the Board Slcn ap
nIfcation shall be made at any time not
earlier than two years and not later than
oDa wear before the expiration OK the
original term OF this contract The de-
ts-r7iua alton OF the rsvaluAtiln shall he
sTIf,~ient II agreed TO IN writing by the
C0rnrqnv and the Board hut IN TO case
shall the annual rate OF compensation 10
the CITY be Fixed at a less amount than the
sum required to he paid during the last
1-ear rrior 10 the termination Of the orlgi-
nal term OF this contract
II the Company and the Board shall rot
reach such agreement on or before the DAY
one wear before the expiration Of the oTtEi-
nal term Of this contract then the annual
rate Of compensation for such succeeding
,vvautv C2rN years shall be reasonable and
other the City tby the Board OF the Com
rsnv shall be bound upon request OF the
with each other fixing the rate Of such
cou4pensation a such amount as shall he
rec s0uahIe but IN no cake shall the an
n,,eI rate 80 hxed be less than the sum re-
ouired To he paid for the last year prior
10 the termination ~ the original term ~
mis- contract and II the parties shall not
forthwith agree upon what iH reasonable.
then the parties shall enter into a written
aVrpeuent fixing such annual rate and at
rlch amount as shall be determined by
tbrea fisinterested frseholders selected In
the following manner:
one dis!uterasted freeholder- shall be
chosen by the Board; one disintereFted
freeholder shall be chosen hv the Company.
these two shall choose third dlsinteFested
freebooter. and the three 50 CHOSEN SHAH
act a. appraisers and shall make the re-