New-York tribune., 1908-12-17
PUBLIc NOTICES.
BOARD OF ESTIMATE AND AFPOR-
TIONMENT. CITY or NEW YORK

l.. '.
Pubic notice fs hereby given that al
meeting OF the Board OF Estimate ana AP
portionment held this day the foiIoTihs
proceedings were had: ,,.,
Whereas The Union Railway Conpdnl
Of New York City has under date OF Jun
2s. 1908. made application to TINS SoaIC
for the grant of the right. privilege anc
franchise to construct MAINTAIN InsY Snon ana ant
along Fordhsm Road and West lo4tI
Street in the Borough OF The Bronx, sl.e
over and along the university heisn's
Bridge and the approaches thereto. sno
upon and along West 2OIth street ahd
other streets and avenues In the Borough
Of Manhattan. and
Whereas. Section O. Of the Rsllroaa La. LSaH
and Sections -. 73 and "a OF the GIeaIe'
New York Charter amended by tnaP
ter 629 and $50 OF the Laws of 1909. provloe
for the manner and procedure or making
such grants; and -,
Whereas In pursuance OF such laws. this
Board adopted a resolution on OCTOBER
1905, fixing the date for pubic near ink
thereon as October 30. 1908. at which citi-
Zens we're entitled TO appear and be heard
and publication was had for at least TOUR
teen 90 days in the New York sun
and the New York Tribune newspaper
designated by the Mayor. and in the Clty
Record for ten days Immediately prior 70
the date OF hearing. and the puoHC near
ing was duly held on such day. ana
Whereas. This Board has made inquiry
as 10 the money value OF the franchise or
right applied for and proposed to be granted
to the Union Railway Company OF New
York City. and the adequacy Of the com
pensatlon proposed 20 Dc paIo IneIeiOi
Resolved. THAT the following form Of the
resolution for the grant OF the franchiSe tI oL
right applied for by the Union Es-d, Rs,l| -. ~
form Of proposed contract for the grant
OF such franchise or right, be hereby IN.
troduced. and entered in the minutes OF
this Board. as follows. 70 wit;
Resolved That the Board Of Estimate
and Apportionment hereby grants 70 the
Union Railway Company OF New YORK City
the franchise or right fully set out and de-
scribed in the following form Of proposed
contract for the grant thereof. embodyinE
all the terms and conditions, inciudins tne
provisions as 10 rates. fares and cnarses
upon and subject TO the terms and condi-
tions IN said proposed form OF contract
contained. and that the Mayor Of The CITY
OF New York be and he hereby is author
lied 10 execute and deliver such contracI
In the name and on behalf OF The City
OF New York as follows, TO wit:
This Contract. made this day pf
100 BY and between The CITY
Of New York hereinafter called the City,.
party Of the first part, by the Mayor o,
said city. acting for and In the name OF
said city, under and in pursuance OF t me
Apportionu7ent Of said City Hereinafter
called the Beard and the Union Railway
Company Of New York City (hereinafter
called the Company. party Of the second
In consideration Of the mutual covenants
and agreements herein contained the par
ties hereto do hereby covenant and agree
section 1. The city hereby grants to the
Company. subject to the conditions and
provisions hereinafter set forth. the risn5
and privilege 10 construct, maintain and
operate a double track extension 10 us
present street surface railway. with the
necessary wires and equipment for the
purpose Of conveying persons and property
In he n RTODX
haitian, in The city CT New York, upon
the following route.
beginning at and connecting with the
existing tracks Of the Company at or near
the Intersection of sedgwick avenue and
Fordham road, in the Borough OF Inc
Bronx and running thence southVeSterly y
IN. upon and along said Fordham road an:
Hsmpden place TO West One Hundred ana
Eighty-fourth street. and thence southWes
erly and westerly in, upon and along sald
west One Hundred and Eighty-foIrtn
street to its intersection with the easteriy
approach 10 the University Heights Bridge.
thence westerly upon end over said Bridge,
and the easterly and westerly approaches
therato 70 West Two Hundred and Sew
enth street m the Borough Of Manhattan.
and thence westerly in. upon and along
said west Two Hundred and Seventh street
to Amsterdam or Tenth avenue. tnence
southerly in. upon and along said Anlster-
dam or Tenth avenue to Emerson street.
thence westerly in, upon and along said
Emerson street to Broadway. and connect
In said Broadway The said route with
turnouts. switches and crossovers hereby
authorized is shown upon map entltied
Map showing proposed railway or the
Union RsTvav Corpany in the Borough
OF The Bronx and Manhattan. city OF NeV.
York. TO accompany petition TO the Board OF
Estimate and Apportionment. dated July
2s 1905. 90
and signed by F ". whitridge Receiv-
er. T F, NuIlsnsy, Chief Engineer. and
Edward A. Maher. President. A copy ot
which is attached hereto. is to b. deemed
a part OF this contract. is to be construed
with the text thereof, and Is TO be sub
stantially followed, provided that devtauon'
therefrom and additional turrouts, switches
and crossovers which ara consistent WIN
the foregoing description and the other pro
visions Of this contract may be permitted
By resolution Of the Board.
Sec 2 The grant OF this prtvtleEe IS
subject to the following conditions, which
shall be complied with BY the Company
g1rst-The consent IN writing OF the on n
ers Of half in valus Of the property bounded
on said streets and avenues 70 the corstruc-
ton and operation Of said railway shall be
obtained BY the Company within six months
Of the signing Of this contract by the MAY OF
with the Board within such time. OF IN tbs
event that such consents cannot b Oh
tained. the company shall. within NO
months thereafter. make application to the
Appellate Division II the Supreme Court
for the appointment Of Commissioners In
the manner provided by the Railroad Law
% determine II said railroad ought 70 b
constructed otherwise this grant shall
cease and determine
second-The said right - construct
maintain and operate said railway snail oe
held and enioved Hy the Company for the
term Of fifteen C15i years from the date
upon which this contract Is signed By the
Mevor with the privilege Of renewal OF
said contract for the further period Of
twenty t2Oi years. upon q fair reveluattoo
of such right and privilege.
L the Companv shall deternnine to e1er-
rise its privilege Of renewal II shall uslSe
application 70 the Board. or any authority
which shall he suthorizso by me lsT 70
act for the city in place Of the Board
such application shall be made a. snv
time not earlier than two years and not
later than one year before the expiration
Of the original term Of ,his contract The
determine ton of the revaluation shall o.
sufficient II agreed to in writing by the
Company and the Board. but IN no case
shall the annual rate n compensate 70
the CITY be fixed al q less amount than
that sum required 70 be paid during the
last year Of this oriEtruI contract
II the COMPANY and the Board shall not
-.ach such an agrse errenr OF Or before the
dav one. year before the expiration % the
original term of this contract. then the
annual rate Cr Cou1pensa ton for such sue
cee1inz twenty ,2N years shall be reason
able and either the CITY Thy the Board
or the Company shall he bound. upon re
quest 81 the other. 70 enter into written
agreement With each other fixing the rats
OF such compensation at such amount as
SHAH - .rea sonable. but IN no case shall
the annual rate 50 fixed b less than the
sum required 70 be paid for the last year
prior 70 the Termination of the original
term OF this contract. and II the parties
Shall not forthwith agree upou what IS res IT,
scuable then the parties shall enter into
written agreement fixing such annual
rate. and AZ such amount az shall be de
tArrnIned by three dtsinterested fTeeholders
selected IN the following manner.
One disinterested freeholdeT shall he
chosen by the Board: one disiRterested
freaholdsr shall be chosen by the Company
these two shall choose a third disiuterestei
freehOlder. and the three so chosen shall
act as appraisers and snail make the Re
yaluation aforesaid. Such appraisers shall
be chosen az least six months prior 10 the
eyptration of this or iEinal contract and their
report shall be fled with the Beard within
three months after they are chosen. They
shall act as appraisers and not as arbitra-
tors. They may base their Judgment upon
their own experience and upon such in
formation as they may obtain by inquiries
and investiga ations. without the presence OF
either party. They shall have the right to
examine any Of the books o. the Cuu-auy
and its officers under oath. The valuations
gw4, a. So