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

5e1sS,tn'7 tn hsrSin reserved snail commence
from the date Of the signing of this con
All ~ sucr sums as above shall be paid
into the treasury Of the City on N0NeuipeI I
! 1 OF each year. and snail q TOT she AMI 4'-
Whenever the percentage requiTe1 20 =
pafd shall exceed the minimum amount a.
above. such sum Seer and above such IiLiit- lI
mum shall be paid to the said Cofnptfoiler
on or before November in each year Iof
the year ending Ssptember 80 mex p
| ooding. The fiscal year shali enc on - -
| tembsr 30 next preceding said d9ts o, 80
| ment and provisions Of the Railroad Ia
| as 81 now exists. or as II may hsTesIter q
| amended, relating 10 the matter OF pay
| gross receipts OF street railway companies
| not Inconsistent with this contract. snal
| be strfctly compiled With
| The intention OF this paragraph is % X
| an annual charge to BE- paid b. the 'on-
pany IT'S successors or assigns. 70 me tttg
| OF New York for the rights and franchises
| hereby granted. and II shall not Be con
| strued providing for the pay ynent oS the
| Company, its successors OF assigns Of
| percentage OF gross receipts WITHIN tne
| meaning OF any general or special sta tute.
Laws Of Of ise2
| exercised By the Company. and within three
/ 81 months from the date on which this
contract Is signed BY the Mayor. the con-
| the sum OF twenty thousand three hundred
] and eiEhty-nve dollars and eight cents
!
] thereafter the further sum OF thirty-one
thousand seven hundred and hfty-signt DOL
! lars and eighty-ssven cents 'S5!. 11s- 80 I,
said amounts being due under the rrancrlise
| lature by chapter $40 OF the Laws Of 1892
| Any and ali payments 10 be made oy the
| terms Of this contract to the city ny tns
| SSoupany shall not be considered in any
| manner IN the nature OF a tax. out sucn
| payments shall be IN addition 20 any and
i all taxes Of whatsoever kind or cescTlpuOn
| now or hereafter required 10 be paid BY any
! ordinance OF the City. or b. any law OF the
/ State OF New York. 80,
| original contract. or IL the same is renewed
| then at the termination OF the said rsnesFa a.
| term. or upon the termination OF the rights
/ hereby granted for any other cauSe. OF uPoL
| the dissolution OF the Company before sucn
| termination the tracks and equipment or
/ the Company constructed pursuant TO this
| contract within the streets. avenues and
| highways and upon the bridge. shall become
| the property OF the City without cost. and
the came may be used or disposed OF BY
| the City for any purpose Whatsoever, OF
the same may be leased 20 any company
| or individual. II. however. al the -erJli-
| nation Of this grant above the C1ty tpV
! the Board or It's successors in authority
| shall so order by resolution. the com PAM
| shall. upon thirty t30 DAYS notice from
| tracks and other equipment constructed
| pursuant 10 this contract ana ths sac
streets, avenues and highways and the
q bridge shall BE- restored 70 thei- Original
/ condition at the sole cost and expense OF
F4ftnEThe annual charges or payments
/ shall continue throughout the whole term
/ Of the contract whether original or
! renewal, notwithstanding any clause IN
any statute or in the charter aI-,,,2t o. an an
vfding for payments for railroad rights or
/ franchises az a different rate and no as
/ siRumsrt lease or suitcase Of the rights
or privileges hsrebv granted. whether oTigi-
/ nal or renewal. or OF any part thereof or
/ OF the route mentioned herein or Of any
/ any purpose unless the said assignment.
| lease or sub-lsass shall contain a covenant
| on the part Of the assignee or lessee tnaI
| the same is subject TO all the conditions o.
! this contract; and that the assignee or les
| see assumes and will be bound by al or
I said conditions. and especially said con
| dftfons 20 payments, anything in any
| statute or In the charter OF such assignee
/ or lessee to the contrary notvfthst tandiHg.
| and that said assignee or lessee VaiLes
/ any more favorable conditions created o.
such statute or it's charter. and that IL E1li
not claim BY reason thereof or otherwise
/ exemption from liability 70 perform each
! Sixth-The rights and privileges hereby
| granted shall not be assigned, either IN
I any manner, nor shall title thereto. OF right,
/ interest or property therein. pass 10 o.
vest in any other person or corporation
/ whatsoever. either by the act of the COM
/ pany its successors or assigns or By oper-
alton OF Law. whether under the provisions
! OF the statutes relating 70 the co1solids-
I
I wise. without the consent oc the CITY act
irg by the Board. or its successors IN au-
/ thoTity. evidenced by an instrument under
I seal. anything herein contained 20 the con-
/ trary thereof in anyvtse Notwithstanding
/ and the granting. giving or waving OF an
/ one or more of such consents snan not
I render unnecessary any subsequent consent
+ OF consents
( seventh-NothinE IN this contract shall b
! deemed 10 affect in any way the rights of
! the City to KTaut 70 sny individual or other
Z 70 a zf- zH 1r TrfL-f1sz-1
/ on the same o. other terms and conditions
/ over the same streets. avenues. highways
/ or bridge. hereinahovs described in sec
ton 1.
| The use Of said railway. which shan -
constructed by the Company under this con
/ tract including rhe tracks wires and other
equipment. or any structures IN public
/ streets and avenues owned b. the company
/ and used IN connection therevirh shall b
permitted by the Company 70 any individual
I o. corporation 20 which the CITY may have
/ granted. OF may hereafter grant. the right
Or privilege 70 use such streets avenues o.
highways hsrsi1zbcve described in SA--
zion 6cr street railway PURPOSES r1pcn
/ payment OF an annual sum b. such i7di-
vtdusl OF corporation 20 the Ccn1pany-
which shall not exceed the lsgal interest on
such proportion - the whole cost Of the
construction - such railway and strucr-
ures and q he cost II keeping -hs tracks
and track equipment n repair IS The mum
De- Of cars operated y such company Or
individual shall bear - -he number q ears
o-s-a-a5 BY the -orluanias then using rha
same together with the actual cost o. The
power necessarT for the Cpsra-i ot the
cars thereon 81 such individual Or -orpors-
Of pavement and removal Il snow and ics.
and all the other duties imposed upon The
Company BY the terms OF this contract. II
connection with the maintenance Or the
operation os the said railway 50 used Pro
vided. however. that y IN the opinion q
the COMPANY the l.EsI rate q interest q
suTicienI sum 70 pav for rhs use - such
tracks " may APPEAL % The Bcayd. arS
the Board nay TX percentage OF the cos-
- he paid 10 the Company Al q sim in
excess OF the legal rate Of interest. i- in
its opinion such action IS justified.
ne 1onPany shaIl nct a. an the CO
Board. consent TO the construction OF op-
GRAFTON Of any street surface railway which
the railway which shall be ccnstr1,ctsd =
the Company pursuant 70 This contract
Eighth-Said railway NAV be operated b
overhead electric poR-ar substantially stint
lar 70 the overhead electric system now in
use by street surface railways II -hs
Borough OF the Bronx. or by any other no
tive power. except locomotive steam, pc7rs-
or horse power, which NAV be appro-ed bv
the Bosrd and consented 10 by owners -
Of law. and BY the Public Service Comrlis-
sion for the First District OF the stare Of
New York
Ninrh-The Company shau commence
CoustruC Ction 90 the extension herein au-
thorized within six So months from tra
date upon which the consents q the prop
erty owners are obtained for such sNJsu-
sion. or from the date OF The decision OF
the Appellate Division OF the supreme Court
that such extension ought 70 he construct
ed and shall compete the construction o.
the same within SIX 90 months from tr=
same date. otherwise this grant shall cease
and determine and all sums which may
oe CepoS!'eu Win Jle tolnptFcIter or ths
city. as hereinafter provided. shall bs for
feiJed 70 the City Provided that such ps-
RODS may be extended by the BOARD fo-
period or periods not exceeding IN the ak
GreEats six months each and provided
fuTtle~ that when the commencement or
completion OF said construction shall h4
prevented by legal proceedings in any court
or by works o. public Improvement or IRON,
other causes not within the control OF rh=
Company. the time fer The cOrulucncerueu-
Or completion OF such construction may he
extended Tor the period os such prevention
but no delay shall he allowed for unless
the court proceedings shall be diligently
urpsaturaG hy t,Cr,~ay,,- ---.-,,-fss..7