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

cedfng- ia sgch form as hs may prescribss
such report shall contain sIateIlsIs -
the gross earnings from al railWsy - -
owned or operated BY the Company. -
total miles owned b. the company ana =
operation. and the miles OF railway 80 80
structed and operated under this Co-4-l ~ - :
and such other information as the ComySS-.
trCIler NAV require The Comptroiler sn1-S
have access 20 all books OF the company
FOR the purpose Of ascertainiHS tne cSI1S :
ness OF It's report. and may exa1aIa9 IL
Ivventy-ninth-In case OF any violatioa
or breach OF failure TO comply VIA ~. ~
os the provisions herein contained. t1i4
contract may be forfeited bY a suis
brought BY the Corporation Counsel. on TO-
tfCs OF ten days 70 the Company. or az 20
option OF the Board by resolution OF selG
Board. which said resolution may contain
a provision 10 the effect that the TatlUay
constructed and IN use 5y virtue q tn-s
contract shall thersupcn become tha prop
erty of the City without pE0ceectnSs al
law or IN equity Provided, however. tnAs
such action by the Board shall not -
taken until the Board shall give notes %
the Company to appear before Il on a Ger
tain day not less than ten flo) days afte-
the date of s1cE notice. 20 show cause = ~
such resolution declaring the contrast FOR
feited should not Be adopted In case tns
Company fails 10 appear. action may -
taken By the Beard forthwith
Thirtieth-If the Company snail lail 20
give efdcfent public service az the rates
herein fixed. or fail to maintain rs str1ct-
ures and equipment as herein proNloed n
OF this contract. tbs Board may give no
ttce TO tha Company sEeciIylIlS any oe'-
fault on The part OF the Company. ana -
Quiring the Company to remedy the sans
within a reasonable time and upon 1aliu1s
OF the Company TO remedy such cefaulI
within a reas0nabls time. the Company
shall. for ar dsv thereafter during which
the default CT defect remains. pay 70 -
City the sum % ono hundred c9ilarS teLeoP
fixed or HQuIdated damages. or ne
Board. IN case such structures CT equip
n1ent which may affect the surface q Lns
streets shall not be put IN good eono-Ioa
wtthin a reasonable time after notlcs -
the Beard az Aforesaid shall have tnS
right to make al needed repairs az ms
expense OF ths Company IN Wnlcn ceAa
amount os the cost OF such repairs. win
legal interest thereon al OF wnlc1 sl-5e1
may be deducted from ths n1nd hsrsi9-s
Thirty-Arst-Ths Company shall asssIrns
all liability 70 persons or propsrty oJ re rea-
son Of the construction OF operation O -
railway authorized By this contract. and -
fs a CONDITION OF this contract that Is
CITY shall assume no liability WnarsoeFe-
10 either persons or property On a. aS,s -
OF the same. and the Company nersoy
aZrees TO repay TO the City any damaS1
which the City snail Be eompsled . pey
By reason OF any acts OF deraulr OF IN
Thirfy-secoad-This grant IS upon TIE s1e1
press condition that the COMPANY. SiIl.a
thirty go days sg;s- &C. ne 1s ssIns S.f5re p az.
thing Is done In exercise o. rhs riSnt9 con-
fsrred hereby. shall deposit with ne Ccitl2-<
troller OF The City OF New YORK ne s1l-
81 six thousand dollars (s6.00O). either y
money or securities. 70 be approved oY 2lL1.
which fund shall Be security tor ne psE-f
terms and Conditions OF this contract eSpo-s
cially those which relate to the paJrnenL %
the annual charges for the DTiViIess - E7
b. granted. the efficiency or tne o-o.
service rendered. the repairs Of TIE srreez
pavement the removal of snow ana I9s -
the quality Of construction OF tne EAlH@ys
- tba Cornpany OF such tsrTns and cendi%
lions the City shall have me rasH- =. >
cause the work 70 IS donS ano aaaSa-,s,~- -
teriaIs TO be furnished for tne pen -
thereof after due notice. and shall co-Leess
the reasonabIs cost thereof ron Us -
flnd without legal proceedlngst OF --sf
eharZes. shall collect the sane VIA -
+ersst from the said fund after Yen aa9s
notice IN writing . tns Co5ag Pr -.-I,s 40.
-C-,5f+fo1. o. this contract relating % 20
Roadway. heating and lighting q -
TENDERS Wheel guards and wa1eflns =
.+-ssr 1svenents. ths Company shall PAY
a penalty OF dfty dollars $50 per az osL-t.i -
each dav Of violation, and tne ~ - -
Zach car that shall not be properly Ae--s---s
u9Eted or supplied with tenders Or wnee--i
g1sr4s IN case oS the vtoLArio1 c1 -
provisions relating TO these nia1Ls1S- ~ ..s !
The procedure for ths imposition ara 80
lection OF the penalties in this con'I7'-S
shall be as follows: ~-, .o---.
nrsirT male shall in writing. notify 80
E0n1parv. through its President. % 49,
before him on 8 certain cay no. - -
ten 1O DAYS after ths caIe o s1o-- :.
- - zToyv causs why Il should not 20
penaIizsd In accOrdancs with Lne ,t-s.
provisions II the Company falls . - -
s1 aDDsaraucs. OF. after bearing. az a.
Tears in the Judgment Of tns CoI4qP I..s
70 be- II fault. said CornptToil ler saa-1 IL -,
with impose the prsScrioed 80 = - -
vhsre the amount OF the penaIlJ 80 = -
rres~rfbad herein such amount as e94poe--
70 him 70 be Just, and Witnou. 80 80 -
-s5-Irs vrithdrayv the amount o. slch 80
Ti-, In case OF any drafts r1ade uPO- - -
security fund the Company slAil, Ot -
CfO) days notice IN WTl-lns. LaSAs.isr,. 4-,
C-on7ntroIIer OF the City sum s-lA4-LS--s s-lA4Is-,E
.I zsf5 SECURITY fund 10 tho orlgiaa-l
sroOT1r of six thousand dollars tsOso,oiiss
go 4, default thereof this col,Lract, sLi1-s -
- S-l-.,-,-siTa7 and suuulIed at the oplion y
~ Roard acting IN bshaf oc ns ~,
No action or proceeding or TlsnI o-le1 s-+ 80
-,C-'Fsirv,s ~ this contract shall aA7lL ~.
49, 1ss-sr -fy1ts remedies er CAUSES o
action. belonging 20 the Cily- -. -t--;-.
T,Frir1y-ttird-The grant o. ta4S ~. =
-, ts1 sTb{ect 70 whatever rfSnt- Jll.e =. :
iiSssS-ss- tLa owners Of abutting properly o
r-ba-z may have IN and 90 ~ 49,.
avenues and highways In Nnl--- '-7
pany = ss---.lL-@iT-s words notice %
...i-.---jC,, - yvheravsr used IN TINS con
+rsrt shall be desEsd 70 mean -. =
ro+iTs or direction Every sucn Eo-I-S -
IsaCSf--, +o he served upon the company
sLaII b delivered az sucn o11ce u -
Cfr,- az shall have besn desIei1@1Isl y - -
S,o-TI7aTv or II no such Cftce snsll n nsNo
S-- ISs5-Ds-ai OF II such ces1gnaLioD
.baU have for any reason ceeolne L --loL9-
atfya shall be mailed IN the tlly. Pos
--enaId addressed 10 the company a -
49, DaIfverv Or mailing of sucn noIC1
ar direction as and when aocS9 llosi.11 -
shall be equivalent % clrecI p4l s-..4 =,
- or dfrectfon, AMI shall be desrned %
have been given at the tina OF dslivsrS'
0i rhirty-ffth-It az any tins the poEs-s
- ne Board or any other O. ne a lo :
J,faz herein mentioned or inieA1eo . -
L--I.,t.l-J shall ba transferred By law %
ary other board. authority ollCoL u -.
F-s-a then and in such ca5s slcn oSh[S
tCs-F authority officer or O1hcers sna-e
80 All the powers. rights and dd.LeS
herein reserved 20 or presCLs - - - -
Roard or other authorities. oIlcsF oE O--l-
Sec. 3. This contract = also upon ta~
further ard express condilioa lla. L---i-srI. ~
,bs-sro and all laws o. ordina1c IS loE
IN force or which may De adopted aloSt-
ing the surface railways opeTe-ins n = "a =
Cifv not inconsistent with the 1eIns -
c-,-.+ftfova rareInbef0re fxsd. shan -
strictly complied with BY the CoLnpany.
SEQ. :. The Company proIn.Se5' sS5 r1SsIe
.1 Conform 10 ard abide BY and Qer1oHIn
All tie terms. conditions ana reSluLl s-llSll- -
IN this contract fixed and coIltal-le1, oman. =, -.
In witness whereof the party or JEe lESS
49, b,- fts Mayor. thsreuntO duly author-~
led by the Board % EsttIrars ara aPso-1
,f9-r-s,t ~ said City. has caused the cor
1o-,ta rarns OF said City % bs hereCoto
slyresf and the corporate seal or sal1 -
e. re rsreunto afixed. and ths party or
- second part By It's officers. thsreuIlto
5-1Iv authorized. has caused its corpoIats
rarT1s to be hersunto signed ard Us cAPoS
rate seal 70 BE- hsreunto af1ixeo. Jhs cAS
s-5 wear f-St above written
THE CITY OF NEW YORK
BY ..-..---..-- = - .-ss
Icorporats ssal-l Mayor
Attest
city C1e-&
Tcsa1 py--.-.--...- -
President.