New-York tribune., 1908-11-12
PUBLIC NOTICES.
rI-RIIr, NnrIlE
FIBLIC NDIIDE-
BOARD OF ESTIMATE AND APPOR-
T-Inr-aIE-A--, ivI1,N nE NEW YORK

W EeTSdS. Inc N1ty OF New Orks hF an
ordinance adopted by the Board Of Alder.
men July 20 1904, and approved by the
Mayor August .. 1904, granted to the New
York. Westchester ana Boston Railway
Company. the right TO construct, maintain
and operate four-track railroad upon Ger
tain routes. particularly set forth in Section
! Of said ordinance, and which ordinance.
including all the terms and conditions
thereof, was accepted by said company by
an instrument in writing duly fled with
the Comptroller OF the City OF New York
on August ID, 1904. and
Whereas. The Board Of Estimate and Ap-
poTtlOnment by resolution adopted July IA,
1905. and approved BY the Mayor july In
1870. consented TO certain notifications o.
alterations in the aforesaid routes. and
Whereas, The said company has peti-
toned the Board Of Estimate and Appor-
uonment under date OF June Is 1895. Ter
the consent Of the City Of New YORK 10
certain notifications and alterations in
said routes. and 10 certain notifications
and alterations in the terms and condition
OF the aforesaid ordinance. as is fully set
forth in said petitions; and
Whereas Section 81 Of the Railroad Law.
and Sections q. % and a Of the Greater
New York Charter. as amended by Chapter
629 and $50 OF the Laws OF 1908, provide
for the manner and procedure OF making
Whereas. IN pursuance Of such laws. this
Board ADOPTED a resolution on June -.
1905, fixing the date for public hearing
thereon as September 1s, 1908. at which
citizens entitled 10 appear and be
heard. and publication was had for at
least two - days in the New york Trlh-
Une'' and the North Side News" news
papers designated by the Mayor, and in the
city Record for ten l1O) dayS imme-
diately prior 10 the date Of hearing and
such public hearing was on that date con
tined TO september ., 1908, ard was con
cluded on said day: and
whereas The said Board has made in
quiry as to the proposed modifcat tions and
amendments Of said ordinance and has
adopted resolution that the said modiica-
tiOns and amendments are desirable and in
the public interest and that the causes
stated hy said Westchester Company why
the conditions contained in said ordinance
in regard 10 the completion OF said road
cannot De performed prior 70 the time
causes over which the grantee had no con
troll and Is in no wise responsible; now
Resolved, That the following form Of
resolution FOR the consent or right applied
Boston Railway Company containing the
form Of proposed contract for the grant Of
such right. be hereby introduced and en-
lows. TO wit;
Resolved. That the Board Of Fsti-
mate and Apportionmeut hereby con-
Eeuts 10 certain changes, alterations
and amendments in the route = the
New York. Westchester and Boston
ordinance OF the Board OF Aldermen,
approved by the Mayor August ,. 1901
and the right to cross certain streets
avenues, highways and public places
and to construct. maintain and operate
a railroad In. upon ana across tne
streets, avenues, highways and publc
places on such amended route Of said
railroad. and that the said Board also
consents to certain rnO1ifca tfoUs IN the
terms and conditions of the said oTdl-
nance. such changed, altered or amend
ed route. and such modified terms and
conditions being fully set forth ana 0e-
scrlbed in the following form 0f pro
posed contract for the granting there
or. embodying such terms and conaI-
tious as modify or alter said ordinance
Of the Board Of Aldermen. which sald
ordinance otherwise remains unchanged
as to all the other terms and conditions
exOTeSSed therein and that the Mayor
Of the CITY Of New York be and ne
hereby IS authorized to execute and de
liver such contract in the name and on
behalf Of the City Of New YORK. as
follows. 20 Wit
GT.TFR ATTGN OF R0UTE. AND
MODIFIC ALTON OF ORDINANCE
This oontIraaCct. IaC made TIE ---s DAY -fS,. Of
OF New York Hereinafter called the Citg).
party OF the first Uart, by the Mayor Of
said CITY. under and in pursuance OF the
authority Of the Board Of Estimate ana
Apportionment OF said City Ihereinlarter
Westcaester and Boston Railway CompanNs
a domestic railroad corporation lherelnaIisss
called the Westchester Colnpany). party Of
the second part, witnesseth-
whereas. The city Of New York. by
ordinance approved By the Mayor on ~
gust 2 1894. granted 70 the New hoIh,
WestChester and Boston Railway company
the right 70 cross certain streets and hlgf-
wavs and the privilege 20 construct and
operate a four-track railroad upon certain
routes particularly set forth IN Seclo-- OF
said ordinance. and as shown on certain
filed IN the Office OF the County Clerk Of the
City and County or New York. on rne 80
day of June, 1904. or any lawful amend
merit thereof consented to by the Beard OF
Estimate and Apportionuent; and
Whereas. the Board did on July IA 1893,
adopt a resolution which was approved py
the Mayor on July Il. 1905. consenting 20
change in the route OF the Westminster
Whereas, In and by said ordnance and
resolution as amended the consent of the
City was granted TO the W NestcheSteT toHl--
pauy for the construction maintenance ana
operation OF the said railroad. across certain
enum eTatsd streets. avenues or nigHWal :
either above or below the grade thereot
within said City. upon certain c9h-+ticLS
therein fully set forth; and
Whereas On The seventeenth day q
June 1905 the Board OF Directors q SAID
Westcbesrer Company, at a meeting OF
said Board duly held On said date, and Dy
a vote OF twO-rhlrds 81 al the directors OF
said Company. passed resolution 9ltell-.7 .7
and amending the route Of the said Con-
pauy as amended by said consent OF 15'i2
and changing the southern terminal theI-oL
from q point on ne Harlem lNlsrt ne
tween Third Avenue and Lincoln Avenue 10
q point ~ the Harlem River near the polhI
where Lincoln Avenue inteTsects ll'e uuttli
hank of the Harlem River, And Whlcn
alterations and amendments and cHahge o.
terminal are shown upon a certain map
dated June II, 1908. entitled:
Survey. Map and Profile OF The New
York Westchester and Boston Railway
Company for New York County. New
York. Section one. Section TWO and
and signed by the Chief Engineer. Presi-
dent Secretary Und ten directors; Whloh
map was fled IN the Office OF the county
CLERK Of New York County on June ~
Whereas. The oaId westchester Company
has applied to the Board. as the local au-
verified petition, dated June Io, LSto' toI
the consent OF such local authority or
such changes. alterations ana aAieAliLLeii1s rs
to the route OF said railroad. am Tor lae
right 70 construct. maintain ana operate d
railroad in, upon and across the stress,
avenues, highways and puDhc p-aIes On
sst5 sr1eo4sd roIIte and for the modidca-
tlon Of the said ordinance and reso4uIoh
In accordance herewith; ana
Whereas the said WestchesteT company
has aDDIted TO the Board. the local au-
tho-tty OF The City Of New 4OrS, py
second verified petition dated June Is ISJo'
for the consent Of ruch local autnoTlly 70
certain other notifications in the ordinance
snpr0ved by the Mayor August >, l9e+ as
amended by ths ordinance approved o@ NLl9
MavOr July 2i 1898, TO Wiz: q,
!. By striking out IN section me Iol-
lowing words. except the overhead trolley
system .,.- o ,ar,
graph 10. the following words; except the
overhead trolley systern. -
2 Nv striking out the whole OF sectloh
. narsrrsph IS aud substituting therefor
the following; In sa-T condulIs lald bV
IN. c0ulpauy, or on any poles erected by
Gov Its own use. provision shall he made
10 rarry three cables for the use OF the
police IRE and ambulance service OF the
civ without charges therefor
4 BY striking out in section para
c-ant third the words. one trousanc
= 90, feet. . and substituting therefor the
words two thousand five hundred t@1oo1
BY the addition Of a clause permit
ting the construction and maintenance OF
ts1 The present subway-elevated system
at or near the present station thereof al
f6I The projected southern Boulevard
and Westchester Avenue subway route AZ
Vvestchsster Avenue at or near Home
Street. ., -
O. BY striking out in section 3 pafa
srsnb the words 1.-THE intersection 81
The Southern Boulevard and W-stchesier
Avenue' and substituting therefor the
words one Hundred and Seventy-fourth
Street" =, ia e..-.t.-
K paragTaph l, for the completion OF a
fouf-track railroad npon the main me
fror, ans northerly line Of the CITY as Tar
.a,,+t as one Hundred and Seventy-foui tn