New-York tribune., 1909-06-02
PUBLIC NOTICES.
PUBLIC NOTICE.
CITY OF NEW YORK
BOARD OF ESTIMATE AND APPOR-


TTONMENT-
Public notice is hereby given that at the
meeting OF the Board or Estimate and Ap-
portionment held this day the following
whereas, The United Electric Service
Company has under date Of June Z. 1907.
grant Of the right. privilege and franchise
to cor struct. maintain and operate wires
and other conductors, with the Necessary
poles Iipes, conduits and appliances, IN,
ever and Under the streets. avenues ana
highways within and belonging TO The CITY
Of New York for the purpose OF operattng
an electrical signal system for the calling
Of msssen gers. and an electrical burglar
alarm system and fire alarm system: and
whereas. Sections 10. T3 and - Of the
Greater New York Charter. as amended
by chapters 629 and $50 OF the Laws Of
1905, provide for the manner and pro
cedure of making such grants; ana
Whereas In pursuance Of such laws, this
Board adopted a resolution on June Il,
1907, fixing the date for public hearing
thereon as July s. 1907. at which citizens
were entitled to appear and be heard. and
publication was had for at least fourteen
90 days in the New York Times and the
mated BY the Mayor and in the City
Record FOR ten G0) days Immediately prior
to the late of hearing, and the public hear
ing was duly held on such day; and
Whereas This Board has made inquiry az
TO the money value Of the franchise or right
applied for. and proposed to he granted 20
the United Electric Service Company, and
the adequacy of the compen tion proposed
to he paid therefor: now. therefore. il is
Resolved, That the following form Of the
resolution for the grant OF the franchise or
right applied for by the United Electric
Service Company. containing the form Of
proposed contract for the grant Of such
franchise or right, he hereby introduced
and entered in the minutes OF this Board.
as follows to wit:
and Apportionment hereby grants to the
United Electric Service COMPANY the
franchise or right fully set out and de-
in Hz
contract for the grant thereof, embodying
ali Of the terms and conditions, including
the provisions as to rates. fares ana
charges upon and subject to the terms
and conditions in said proposed form OF
contract contained. and that the Mayor of
The CITY OF New York be and he hereby
is authorized ia execute and deliver such
contract m the name and on behal1 OF
The City Of New York as fojIows to l.-, Mt;
PROPOSED FORM OF CONTRACT
This Contract. mad made this ,o.-,o.,, G15s Gay
city Of New York. hereinafter called the
City, party OF the first part. By the MAYOR
of said city, acting for and In the name OF
| said City. under and IN pursuance OF the
authority Of the Board q Estimate ana ana
called the Board), and the United Electric
Service Company. domestic corporation q
the state Of New York (hereinafter called
the Company. party OF the second part
witnesseth:
In consideration of the mutual covenants
| and agreements herein contained. the parties
hereto do covenant and agree as follows;
section /. The Citv hereby grants 20 the
! Company. subject 20 the conditions ana
and privilege to lay construct: MAINTAIN
and operate suitable wires or other electrl-
| cal conductors in conduits under the streets.
avenues and highways within the TERRITORY
comprised in the Borough of Manhattan.
for the purpose Of correcting by means OF
such wires. call boxes. or other signalling
| apnara,us TO be placed uron the premises
! Of the subscribers. with Offices OF the Com
! pany. and thereby maintaining and operatt-
/ inc on electrical signal system for the call
| ing OF messengers. an e!ectrlcal ulI IslaIy
! alarm system and a fire alarm system. and
| for no other purpose whatsoever. ,, -
! subject 10 the following conditions
First-The rights. privileges and authority
/ herein granted shall not lie construed to IN
| any way give the Company the right. Hrivi-
| leEe or authority 20 engage in a telephone
/ business or 10 render telephone service. and
| this contract is entered into on the nntua. nnI'.
and express understanding and agreement
By rud between the parties hereto. that the
Company viii rot ~ any way engage IN Il
telephone business or render telephone scr
1 VICE or claim the right So 20 d. under mis-
| contract ard the rights. privileges and ar-
| thoritv therein and thereby granted and
| conferred
| Second The said right and privilege 20
| lay construct. maintain and operate wires
/ or other electrical conductors in conduits
| for the purpose aforesaid shall be held ana
suf1yed by the COMPANY, rs SUCCESSORS or
| assigns for the term OF fifteen 40 years
( from the date . hen this contract Is signed
| rsval or saii contract fer further Peri71
! 4 ten 10 years uU0u fair revalu luatihn cf
( sad r4sht ard privilege
II the Company shall determine @ exer-
! else its privilege Of renewal Il shall make
/ application 20 the Board or anr authority
/ which shall Re authorized by law % act for
/ the City n place of ths Board such AZ
piiratton shall - made at any tins not
1srlIer than two years and not later than
{ oHa year before the expiration OF me orig
{ irsI rerYn II this contract The detAr1'iua-
- rHaTr . ar n
agreed 70 IN writing by the COMPANY ana
the Board but n no case shall the annuAl
/ rate OF compensation n the city n nXed ~
I lsss amount than that sum required 70 be
raId during IRE year prfor % The terrrina-
/ itoh - the orIginaI term of iris contract.
II tho Company and the board s1sl not
! one avsa~ before the expiration cf me orig
frai tenn ~ this contract then the annual
| rate of compensation for such succeeding (
| ten GGl wears shall ha reasonable. and
sithAr the CITY 6hv the Board or the Com
other 70 enter into written asreernent
with Zach other, fxing the rate Il such
/ compensation at such amount as shall be
reasonable but IN no case shall the hhnua.
| rate s. rxed hs less than the Eum required
I - Re raid fcT the last wear prior To tne
/ Termination Of the original term IF this
| contract- and n the parties shall not forth
[ with agree upon what - reasonable. f7en
] the parties shall enter into written agree
meut fixing such annual rate AZ sucn
/ amount as shall t4 determined by three DIS
( Interested freeholders. s@lected In the fol
lowing manner:
one DISTINGUISHED freeholder shall Re
chosen by the Hoard; one disinte-ested free
/ holder shall be chosen hv the Company.
| These two shall choose a third disinterested
/ fre4holder. ana the three chosen shall
| act as appraisers and shall make the re
vaiuaticrs aforesaid. such appraisers shdll
| be chosen a. least six months prior 70 the
expira ton Of the original contract and their
/ report shall b. fled With the Board within
/ three months after they are chosen. They
shall act appraisers and not as arhitra-
Z q. .AH- A~.saH~ rFaaNN
their own experience and upon such in
forrna ton they NAV obtain by Inquiries
either Uartv. They shall have ire riEht 70
examine the books ~ the Company and It's
officers under cath. TIE valuation so ascer-
tafrFd nTnA and determined shall he
uuaI sum shall IN any event be less than
the sum required 20 he paid for the last
term OF this contract. II IN ANY Ease. We
annual rate shall not bc fixed prior 20 the
termination ot The original tenn OF 'hls
contract. then the Company SHAH pay the
annual rate heretofore prevailing until the
new rate shall be determined, and shall
then make ND 10 tho city the amount or
any excess Of the annual rate then deter
mined over the urrvious annual rate. The
compensation and expenses Of the said ap-
pre iscrs shall be borne Jointly BY the city
and the Company. each paying one-halr
thereof.
inal contract or IL the same be renewed
then at the termination Of the said renewal
term or upon the termination nf the rights
herebysCranted for any other cause. or upon
the dissolution OF the Company before such
termination. the plant and property or the
Company used for maintaining and operat-
ing an electrical signal system for tNe call
ing Of messengers. an electrical burglary
alarm system. and n fire. alarm system
within the streets and HIGHWAYS Of the
CITY shall become the property OF the City
without cost. ana the same may be used by
the CITY for any purpose whatsoever II.
however. a the termination OF this grant.
as above, the city. by the Board, shall 80
order by resolution the Company shall on
thirty (3O) days notice from the Board re-
move any and all OF It's wires. or other
electrical conductors. or any portion there
OF from any or all OF the streets and public
places within the limits Of the City.
Fourth-The Company shall pay to the
sums OF money:
TIC sum Of five thousand dollars $4,000
in cash within thirty 800 days after the
date on which this contract Is signed by