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

- <T-,c-esS -rq,c }-rior Railway Company
or New York City has under dat. 0L 80
- E2GS nla5c application 10 thts boaI Z .
Tor slse grant of tho Tisht. prifiieEe anu
s-zr~l-ise 70 construct maintain and oiei-
ate a street surface raiiFS al upon -, -
elorz Fordhsm Road snd Nes1 4o71li
street L. the Borough OF lhe tsre.IA- - go
over and along THE UNIVERSITY fielelle
Bridge and the approaches thereto. ahG
upon ard along Wcs; 2"5th S'Feet alia
szthsr streets and avenues IN the Borough
xS,e-r9s Serfioe, % q the Railroad Law
Ka5 sections - - and - ~ the Greater
-oeN York Charter. as aTnenoen eS sts, nc ,
Ser 629 and ESQ Of the Laws "I 80 l,. ".
1or The manner and procedure - JIG Nl-e
T1bereas. In pursuance of such laws. THIS
Jsosra adopted a resolution on cCtooef -
soQS fixing the date for public nearing
s.,c-s,-, as October so 1905 at which ctfi-
zers were entitled &c sppesT ana he htaIo'
and publication was hsc for AZ teasl -
.een "a dsvs fH The Ne" hoik Suu
Tas the New York Tribune reN si1l'tiS :
designated by the Mayor. and lE the 'l,f
Fcecors Cor Ten DAYS immediately prior 10
rhe date ~ bearing, and The PUBIC les-l
snE was duly heio on snch Cay u t....,-,-
whereas This Board mas rzs.ide nl4~lI!
as 10 tbe money value O. nc franchise o-
sirf; applied for and proposed TO Be era aI.1ea
% the T-ufOl Railway Company OF -N'N
YORK .-ity. and the adequacy ~ the com
-eusaiion proposed 10 ne PAID tEc7e1or'
nov therefore, L IS ~
sResofssG That the following 5orm = the
resolution fer the grant Of The fTanehise OF
right anpI:-f for by the Union Railway
s7orrrar- ~ New York city containing the
sor~r n proposed contract for the grf n
~ such franchise or Tighr, be hereby N
rrsduce6. ana entered n the minutes OF
ms Board. a. follows. 10 "it-
Resolved That the Board = Estinlai e
snd ArportiCnmeut hereby grants - the
Union Railway Con- any OF -\e~ o. 81, - -
ths frsnchise or right fclly set out ana ce
sc-fbs5 in tbr following form q proposed
CONTRACT for the grant thereof, srnhoHH llE
al the terms and C0ncit- -olS. lnclGllLS tle
---pv:sions a. 20 rates. tsres and CHARGES
sr-rJr sr5 subject 20 me terms aDo ccndl-
1ioazs Ia said proposed form q contract
contained and fhac The Mayor Of The City
% New York L. and he hereby Is author -
.Ee6 10 execute and deliver such contra 0i
81 The name Bn6 N behalf ~ The City
c. N~w York. IS follows, 70 VIII
This Contract ulade this DAY OF
100 by ana between The City
~ NIew York tle1c3naftcr called the city,
par of the Grst part BY The Mayor oL
rasd City. acting for and IN the name OF
tsafi CITY, under and i1 pursuance of the
r.5tl-c-itv q he BoarE Of Estimate and
ArTsor1iourleut oz said City the-ein5ft-T
called the Bca7dn and yhe union Railway
couuanv q oew York City CheTeinafter
called me Com7aly). party u the second
1ssrt. pitnesSeth-
N consideration Of the mutual covenants
zrd agreements herein contained the par
lies he7sto do hereby covenant and ssree
section ! The CITY hereby grants 10 the
roupary. subject 10 the conditions and
provisions hereinafter sci forth, the right
and privilege 70 construct, maintain and
operate 8 double track extension 10 Us
-reSeut street 61r1acs railway. with the
slecessz-1 wires end equipment 1Cr the
,,1rTrose n conveying persons and property
& rils EorouShs u The kTo-N ana Man
sattsn. in The City q New York. upon
-hs following Toate;
Beginning al and connecting with the
existing tracks q the Company st ur near
shr intersection @ SedgWick avenue ana
E7pr5hara road. n the Borough OF The
BruIs and running thence southwesterly
IN uFcn and along said FordhaIn road and
z5smpden place 20 West one Hundred and
T.iEhry-lour.h street. and thence southwest
sr,y and westerly IN, upon and along said
West one Hundred ard Eighty fourth
Etrec- - its Intersection with the eastsrly
H-Vr1sch 70 the University Heights Bridge,
lheuce westerly upon and over said Bridge.
szrd the easterly and westerly appToache
rf1zreto- 10 West Two Hundred and SeF-
E-1h street. in the Borough of Manhattan.
EDd thence westerly IN. upon and along
ssfd West Two Hundred and Seventh street
20 ArnEterds-n OF Tenth avenue. thence
EoutheTly II. .pCn a-d along said ArnsteT-
darn or Tenth avenue 10 Emerson street
fhenoc westerly IL, upon anC along said
Emerson srreeC 10 Broadway, and connect
s1E wiki -he existing rubie track railway
- said Broz dvar- The said route with
;l.raogts switches and cTossOvers hereby
Eslf fnorfzed is shown upon map entitled .
Mar showing proposed railway Of the
Union RAILWAY Company in the Bor0ughs
o. The Bronx and Manhattan, city Of New
Ecrl- 20 accompany petition 20 the boafn OF
Estimate and App0rllonrnen;. dated July
2s 1905 -
and signed by Z. ". Whiu+dEe. ReceiN-
81. 7. +. Gulianey. Chief Engineer and
Edward A Mshe- President. copy of
which is attached hereto. II 20 be deemed
e. Fart OF this contract, l. 20 be construed
with the text Thereof, snd iS 10 he sle-
EErtia Ilv followed. provided that deviaIiOns
Theretrorn ana additional turnoUys. switches
s1d crossoveTs which are consistent with
-he foregoing description ard the other pro
--isions Of this contract may be permitted
r. resolution of the Board.
Sc > The grant 0f this privilege is
subject TO the following conditions which
shall be complied with 10y the Company
FTrst-Ths consent IN writing Of the own
81 % halls IN value q the property bounded
~ said streets and avenues - the corstrUc
-io- and operation of sale railway shall h'
sj-t aimed hv the Company within six months
81 the s.Enf1E OF his contract - the Mayor
En6 a copy OF such consents shall be flet
-Vith The Board within such time. or IN Th'
event that such consents cannot te Oh
Ealne5. the <oupauy shall. within t7Sf
snpUthS rhsTea11sr- make Application IN -h'
Appellate Division q the supreme ColT
FOR the appointment Of Commissioners if
tne manner provided by the Railroad Law
- determine II said railroad ought t. -
->c- ztEuc-ed. Otherwise this grant shz
cease and determine
Seccnd-The said right 10 construct
srsiu-sfn and operate SAID railway shall n
he'd and enjoyed by -he Company for th'
-er-- q ufleer F5l years from the dat
upon which this contract Is slsned hy t1'
MAJOR. WITH Ire privilege Of renewal a.
ssi5 contract Tor the further period y
twenty l2g years. upon a fair reEslustloT
q such right and privilege
II The Company shall deterrufne tn eNer
cLs@ its privilege Of renewal Il shall Ws-'
spp plicati11 10 the Board. q any authlrlr'
which shall. bs authorized by the law =
Ecf fer the City IN place q the Board
Such application shall be made al an
TiU7e not earlier than two years an1 100
cater than one year before the expiration
% Ire original term Of this contract tn
Determination Of ths T=vaiUstlau shall h
sufficient IL aEreel n iu writing bv rh
Company snd the Eusr5. hut I1 uo cas-
shall ths annual rate OF ceiaC aCeDssti"n y
rhs CITY be aNed at less amount thai
fha- SUM required 70 bs t-ai1 curing -
last year Of this CriEir-1 contract.
u she Company and the Board shall no
rEach such an EEreH H1l+n- OF OF before IN
S5v one year before the expiration Il IN
original term % rl.e contract then q
sl-uai rate Ct Cr--reuSari1U COR such sue
cseliuE twenty t--f4 year, sia|. H- reason
Rh'e. aid either The G,Es tss Trr Board
aueSt q the other lo enter ir.r q .rl;'e'
aEreeu7eut wiki eac- o,H-- TSiuE -re raF
q such compensation "a srs-f amount =,
shall he rea aS1-t=ilie- bur N un case sfa!
rha annual rate 80 fixed IT jess shan ra
EEm REQUIRED io he flasH Tor tae last E-a
J5r51r 20 -hs termination ~ The oTiEina
shall not forthwith aCre" upon what b. rea
s5rah's then she parties s1aii ~user irr
written agreement ILi-E such au-ua
rste. and At such amount as shall be CO
Te-Diue6 EZ three 1fsl1re-gSle- f~t--lpl-e-
selected q. The following manner
one d1suceueSted fre~h0iEer shall d.
chosen ~ the Board one G.siUteres-r.
sre-hclder shall De chosen b= The CouVa1E
Ihess two shall choose a third disintereSte.
frncnol1er- and The three SO chosen snaI
Sc as appraisers snd shall make the re-
>sluztion Aforesaid such aprra Lsers shaI
- chosen least six months prior 20 rH.
expiration q th5S original contract and rueI
Tsuo-- SHAH Re fled with The Beard wirhir
three months after r'7ey are chosen. The
ShaI act as appraisers AID uHr as arhi-ra
TORS They may base thei- Judgment upa,
.hef- own eZp@rieurr a-- -HgH Sl.n lu
Formation IS cles- NAV ohTai- b- s-4urris
AZ invest cations. without The presence a
either party. The shall Ia -e rhr rizH- q
examine any ~ The books o. she CrulT.sr
E-5 ifs Of Gers U1Ce- oath. Era valuation
szoerTaine1. fixed and determined -t-'
r conclusive upcr both parties hTft -.
su-vaI sum shall. 81 sEy event De le-
rhzn the sum required 70 he paid tO- rh
last year o. thts original contract T. 81
~ csss. the ann-si rate SHAH not b
size5 PRIOR 10 the term iustton of the ORIG
.