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

I
( ] of each year. snd snail be Tor the aiilo1ii'
due 10 september 30 next preced3hs-
I Whenever the percentage required 10 =
paId shall exceed the minimum amount a.
above. such sum over ana above such MIN
mum shaH be paid 70 the said Cohlpuoi4eL
| CA OF be-ore November l in each SeaI lO'
! me wear ending September &c next pre-
| Ceding. The nsCsl year shall emo en- -
ternbe- 30 next preceding SAID date OF Pas
] rpent and provisions OF the Railroad Law
as il now exists, OF as II may he1edt.St &c
! srr,erdea re.a1ing To the matter OF pay
ments and statements OF percentages oi
( gross receipts Of street railway companies
not Inconsistent with this contract siHil
| ce strictly compiled with So
The intention OF this paragraph is 70 HN
4 annual charge TO be PAID by luS In
psuy its SUCCESSORS or assigns, 10 me o4tS
/ ~ New York fcr the rights and franchises
J hereby granted. and IL shaA not pc 'ot
/ <trued as providing for the pay YI12ehL p1 t'ie
1 Company. its successors OF hssIs.is; o. Q
percentage Of gross receipts wlthIh tls
! meaning OF any general or sleciat statuSe
/ referring particularly 10 chapter %" % inc
peSore any rights hereby conferred are
exercised by the Company. and within three
t7l months from the Gate on Nhlch TINS
contract IS signed by the Msyo5' tue S2L, T9a-,,
pany shall pay 70 The city OF New lul
, IN sum Of twenty thousand three hundred
and eighty-fve dollars and eight ceI's
Z tSaq 3S5 0Sl and within three 90 months
rfa~esfter The further sum Of thirty-one
+ thousand seven hundred and hftN-eignt COZ
J lars and eighty seven cents tSSl- 'eS so
!
/ OF the Company granted to II by the bSgl6
( latyJre by chapter $40 Of the Laws OF ieSZ.
A-v and all payments TO be made oy the
I terms of his contract to the city by 1he
Co-r-s-y shall not he considered in any
manner in tas nature Of q tax. nut sucs
{ payments shall be in addition TO any ana ana
! ru taxes Of whatsoever kind or description
! now or hereafter required 20 be paid Dy any
I ordinance OF the CITY or by any law OF ths
/ STATE Of New York
FoyIrth-Upon the termination o. this
! original contract OF Il the same is renewed,
I ,he1 at the termination Of the said renewal
( term or upon the termination OF the rights
hereby granted for any other cause. or upon
I -ne dissolution Of the Company before socn
termination the tracks and equipment OF
The Company constructed pursuant 20 TINS
J contract. within The streets. avenues anu
I highways ana upon the bridge, shall become
I the property OF the City without cost. eno
/ the same may be used OF disposed OF by
I lie same MAJ he leased 20 any company
OF individual II, however. at the terlni-
nation Of this grant as above the tlty toy
{ he Board its SUCCESSORS IN sG'hoTlIS)
shall 81 order by resolution the company
shall upon thirty t30 days notice from
/ the Board remove any and all OF us
/ tracks and other equipment coHstructeo
. pursuant 20 this contract; ara me seLL i
streets. avenues and highways ana ths
hr.GSe shall b. restored 10 thei- orlglna!
condition at the sole cost and expense OF
FYfthLThe annual charges or payments
shall continue throughout the Whole term
renewal. notwithstanding any clause IN
any statute or IN the charter OF any
other railway or railroad company pro
viding for payments for r5ilTOad rlghlS OF
+ franchises at a different rate, and no as
siEnme1t. lease or suitcase Of the rights
p or privileges hereby granted whether orlgl-
mai OF renewal or OF any part thereof. or
of the route mentioned herein or OF any
8 mart thereof shall be valid or enectCai Tor
. lease or suitcase shall contain a covenant
z on the part OF the assignee or lessee that
] the same is subject TO all the conditions OF
4 this contract: and that the assignee or Ies-
. see assumes and viii be bound by all Of
said conditions, and especially s6ld con
dirions as 10 payments, anything IN any
statute or IL the charter Of such assignee
E or lessee 10 the contrary notwithstanding,
and that said assignee or iessee waves
any rnors favorable conditions created by
such statute OF its charter. and that II VIII
not claim bv reason thereof or otherwise
exemption from liability 70 perform each
and all Of the conditions Of this contract
Sixth-Ths rights and privileges hereby
I granted shall not be assigned, either in
whole or in part or leased or sub-Iet N
/ any manner. nor shall title thereto. or right,
interest or property therein, pass 10 or
vest n aav other person corporation
whatsoever. either by the act Of the com
pauy, its Successors or assigns. or by oper-
alton OF law. whether under the provisions
or the statutes relating 70 the consclda-
. tion or merger OF corporations or other
wise without the consent Of the City act
ing by the Board, or its successors IN au-
. rrorEty.- evidenced nv instrument under
seal anything herein contained 20 the con-
. trar- thereof in Rnyvise notwithstanding.
and the granting, giving or waving of any
one or more Of SUCH consents shaI not
render unnecessary any subsequent consent
or consents
Seventh-Nothing in this contract shall be
deemed 70 affect in any way the rights OF
. the City 10 grant 70 any individual OF other
2 corporation 4 similar right OF privilege up
q on the same or other terms and conditions
! over the same streets. avenues. highways
/ o. bridge. heTeiuabCEe described in Sec
. ton /
The use of said railway. which shall be
/ constructed by tile Company under this con
rTa1t, including the ira scEs. wires and oJheT
equipment or any structures in public
3 streets and avenues owned by tls Company
. and used in connection Herewith shall pe
. permitted by the Company to anv individual
. or corporation 20 which the city may have
. granted. o. may hereafter grant, the right
or privilege 10 use such streets. avenues or
highways, he-einabpve described N Sec
f ton ! for street railway purposes. upon
Tsrr7e-- OF an annual sum bv such indi-
( yldual or corporation TO the Company,
I which shall not exceed the legal interest on
I such proportion OF the whole cost of the
construction of such railway ana strUct-
ures and OF the cost q keeping Ire tracks
and track equipment IN re0airs IS The num-
her Of cars operated by such company OF
{ Individual shall bear 70 the number u cars
operated by the companies then using the
same. together with the actual cost of the
power uecessary for the operation Of the
cars thereon q such individual or corpora
ti5u and the cost o. laying ana repairing
Of pavement and removal of snow and ice.
and al ths other duties imposed upon the
COu1Va0T by the terms nf this contract. in
connection with rNc maintenance or the
operation 90 the said raiiwsE 50 used Pro
yi6eI however, that If IN the cDtnion Cf
the Company rhe legal rate Of interest Of
the cost NJ such railway shall be an in
Z sufficient sum TO pay for the use a. such
. tracks l' may appeal 10 the Board and
I Tho Board may tlE percentage Of the cost
. 10 p" PAID 10 tho Company at sum in
excess OF rhe legal rate If interest. IL IN
H~ns g-rsHnn 80 aFaH * sea-
4 The Company shall not at any tine cp-
T pose. bur shall upD- the request CT the
. GRAFTON of any street surface railway which
may Ue-essfI1Te fra use of any portion Of
. the railway which shall be constructed by
The company pursuant 20 this contract
. Eighth SAID nail Fsy may he operated bv
overhead electric power substantially siini-
. lar -g the overhead electric system, nov in
use hy street surfac" railways T.. the
. Borough OF the HT1rN- or ~ any other no
-IvC power except locomotive st.aIu power
. cor horse Vgwer- which may be approved by
. rne Board and consented 20 by owners ~
. property. IN accordance with tho provisions
. NJ law and Icy tho Public Service commits
sion for he First District of tn. state of
. New York
Sinth-Thc Company shall commence
. construction Of the extension herein al
-h0-izec within SIX 90 months from The
date uI0I which the consents OF tie prop
.Tty owners are ucrai1ad for such eEteD
sion. "~ from the cate II the decision Of
the Appellate Division OF The Supreme Court
that such extension ought 70 b= construct
cd ana snail complete the construction Of
the sau.e Ri-hlu six 90 months from tls
same date. otherwise this giant shall cease
and determine. and all sums which may
ts deposited with the Comptroller % The
city as hereinafter provided. shah be for
fsited o. tE= Eity. Provided that such pe-
ri"6s u,sy ne extended by the Board for q
period o. periods not exceeding in the az
GEeCare six m nrhs each. and prov de1i
further that when the commencement or
completion Of said construction shall hc
prevented By legal proceedings IN any court
Cr -y works OT public Improvement. or from
other rauses not within The control Of the
'HUIaur. The time Tor tho commencement
Hr ruUpiVr-Du of such construction may be
sNr"U ed for he period Of SUCH prevention.
but no delay staI he allowed for unless
the court proceedings shall he diligently
prosecuted 10y ths COMPANY. and provided
further that IN no case shall such delay
i70 1ee-0et 10 begin until the Company shall
have given written notice 20 Thc Board u
any such court proceedings OF other oC-
. csslon of delay. and deliver 10 the Board
copies II any injunction OF other orders.