New-York tribune., 1908-12-17
PUBI4B NOTICES.

fcCteI Dy the proper ClIy OlllCcAt - ~
own expense. and the provision as 70 re-
pairs herein contained shall apply TO such
renewed or altered pavement.
Twenty-6econd-It Is agreed tha- ny
right hereby granted to operate street
surface railway shall not be in preieEsnCo
or in hindrance to public work or the Clts,
ani should the said railway in any Way IS
interfere with the construction OF puoiic
work in the streets. whether the same IS
done by the City directly or by con-
tractor for the City. the Company snalI az
It's own expense protect or move the RACES
and appuTtenances in manner as olrscIeu r
by the President OF the Borough o. 4HS
Bronx. -
Twentv-third-Anv alteration to the
sewerage or drainage system. or % any
other subsurface or TO any surface So. So -
lures in the streets. required on acSoNuo ~ ~
the construction or operation of the rail-
way. shall be made et the sole cost OF me
Company and in such manner aS 'Ai0
proper city officials may prescribe -.
Twenty-fourth-The company agrees -
comply with any and all the rules mhiCt5 81
may be made by the Con1nlsslo ~ +ba
Water supply. Gas and Electricity for me
purpose Of preventing the destrucu9n %.
the pipes or structures IN the street py
electroiysis. which may be caused ~ inc
whether such rules affect the nethoo OF we
original construction OF said railway OF ahy
reconstruction, maintenance or repat' tsrTI
such railway at any time during the term
Of this contract
Twenty v-hfth-Should the grades or lines
OF the streets in which franchises are hei
in granted be changed at any time during
the term OF this contract. the COMPANY
shall, at its own expense, change Us ItaCHS I,
20 conform with such new grades eId iII ilt,sS,
end during the construction Of any publc
Improvement upon said street the CoiupaHS
shall take care OF and protect the trach at
its own expense, all to be done suoJeSI 10
the direction Of the President OF the Bor-
ough Of The Bronx.
twenty sixth-The Company sheH fHoInlt I'M
to the Board a report not later than 20
venber l of each year for the year ehdlIls
September so next preceding. or a. i any
other time. upon request Of the BoaIu'
which shall state:
l. The amount Of stock issued. for cash.
2. The amount amount paid in az by last re-
2 TRe total amount of capital stock
:, The he funded nc debt by. last report,
g. The total amount of funoed deot.
6 The floating debt as by last report
:. The total amount Of floating debt.
s. The total amount Of funded and
q The average rate per annum of in
terest on funded debt
10 Statement Of dividends paid during
II The total amount expended for same.
12 The names Of the directors elected az
the last meeting of the corporation
held for such purpose.
13 Location value and amount PAID LOT
real estate owned by the Company
a. I6estion' value and amount paid for
real estate now owned by the Corh-
pany. , ,,
Is. Number of passengers carried during
10. Total receipts Of Company for each
class of business.
II Amounts paid by the ConLery LGI o,I
damage to persons OF property on
account Of Construction and opera
tion.
IS Total expenses for operation, inciud-
ing salaries.
and such other information in regard 10
the business Of the Company as may be re
QUired by the Board.
Twenty-seventh-Th Company shall at
all times keep accurate books OF account of
the gross earnings from all sources, ana
shall. on or before November or each
year make a verified report to the comp
troller ~ the City of the business done BY
the Company for the year ending Septeln-
Der 30 next preceding, in such form as ne
may prescribe. Such report shall contain
statement Of such gross earnings. totaI
miles in operation and the miles OF rali-
way constructed and operated under TINS
contract and such other information as the
Comptroller may require. The Comptroller
shall have access TO all books OF the Com
pany for the purpose OF ascertalnlnE ne
correctness OF its report. ana may examine
its officers under cath.
Twenty-eighth-In case OF any violation
or breach or failure to comply with any
Of the provisions herein contained thls
contract may be forfeited by suit brought
by the Corporation Counsel, on notice OF
ten days 10 the Company, or at the option
Of the Board by resolution Of said Board,
which said resolution may contain pro
vision to the effect that the railroad con-
structed and IN use by virtue Of this con-
tract shall thereupon become the properly
Of the City without proceedings at law or
in equity
Provided. however. that such action by
the Board shall not be taken until the
Board shall give notice to the Company to
appear before II on s. certain day not less
than ten 90 days after the date OF such
decIarir the contract forfeited shoud d not
be adopted In case the Company falls to
appear, action may be- taken by the Board
forthwith
Twenty-ninth-If the Company shall fall
10 give efficient public service at the rates
herein fixed, or fell TO maintain its struct-
ure in good condition throughout the whole
term Of this contract tho Board NAV give
notice to the Company specifying any de
fault on the part of the Company. and re-
curing the Company to remedy +h5 same
WITHIN q reasonable time; ana upon failure
of the Company to remedy such default
within a reasonable time. the COMPANY shall
for each day thereafter during which the ce-
fault or defect remains pay 10 the city the
sum Of one hundred dollars C$lOOl as fixed
or liQuidated damages or the Board, In case
such structures whfth may affect the sur
face Of the streets, shall not be put IN good
condition within a reasonable time after
notice b. the Board as aforesaid, shall have
the right to make all needed repairs At the
expense Of the Company. in which case the
Company shall pay to the City the amount
Of the costs Of such repairs with legal in
terest thereon, ell Of which sums may be
vided for.
ThirtIeth-The Company shall assume
all liability to persons or property by rea-
son Of the construction or operation of the
railway authorized ty this contract and
Il is a condition OF this contract that the
CITY shall assume no liability whatSDeV er
to either persons or property on account n
the same, and the company hereby agrees
70 repay to the City any damage which
the city shall be compelled to paw by rea-
son Of any acts or default Of the Company.
Thirty -frst-This grant is upon the e1-
rress condition that the Company WITHIN
thirty (30) days after the signing Or thls
contract by the Mayor, and before any
thing IS done in exercise Of the rights con-
ferred hereby. shall deposit with the comp
sand Eve hundred dollars (S3,5oO. either
IN money or securities. to he approved by
him. which fund shall be security for the
performance by the Company OF all ~ the
tArT,s and conditions Of this Contrac-. es-
pecialIy those which relate to the payment
Of the annual charges for the prlEhs8e
hereby granted. the efficiency ot the puolic
sarvice rendered the repairs Of the street
pavement, the removal Of snow ard zee
and the quality Of construction pt tie
railway; and IN case or deiaulL IN tNa PeI
tCrroanca bv the Company of such terms
and conditions the city shall have the rlsh0
to cause the work 10 be done ana JIs nla-
terisIs to be furnished for the performance
thereof after due notice, and shall coilect
the reasonable cost thereof from the sac
fund without legal proceedlnss, OF I 49,
default in the payment or the. annual
charges shall collect the same, with in
teresf. from the said fund after ten GAYS,
notice fr- writing to the COMPANY: or N
case Of failure 10 keep the said terms and
conditions Of this contract relating e, 10 earn. 19e
FcndArs Nyheef guards and watering OF
street pavements the comEsny 9{G shan dap pay for
sacb Gay Of violation, and the further sum
Of ten dollars $40 per day f9r eaGa ab3s5 car
- .,rnnIiad with renders or wheel guards, in
case Of the violation of the provisions re
latfng TO those matters. -,
T-bs 9roce6urs for tho imposition ani col
lection of the penalties in this contract
shall bo as follows:
The Comptroller Of the City, on complaint
,,a5e shall in writing. notify the Com
pany through It's president. to appear be.
fore him on a certain day not less than
ten TO dsvs after the date Of such notice
to show cause why It should not be penal
iza5 in accordance with the foregoing pro
1isions. II the Company falls TO make an
appearance. or, after hearing apPsGrs IN IN
tbo Judgment Of tho Comptroller 10 be IN
fan1t said Comptroller shall forthwith I'm
nose the prescribed penalty. or where ne
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