New-York tribune., 1909-01-13
PUBLIC NOTICES.
PUBLIC NOTICE
BOARD OF ESTIMATE AND APPOl

:
/ Whereas, The Third Avenue Railroad
/ Company has under date OF June =. 1905,
[ mace application to this Board fog the
| grant OF the right, privilege and franchise
/ TO construct. maintain and operate q double
/ track street surface railway as an exten-
/ SION TO It's existing line upon and along
! Fort George Avenue from Amsterdam Ave-
/ nue. 10 Audubon Avenue. IN the Borough OF
/ Manhattan and
Whereas Section 90 OF tho Railroad Law
and Sections II, IS and - Of the Greater
/ New York Charter. as amended by Chap
ters 629 and go OF the Laws Of 1905, pro-
/ vide for the manner and procedure or
| making such grants, and
Whereas. In pursuance Of such laws. this
/ Board adopted resolution on June O. lSvS.
| as June Is. 1905. at which citizens were
| entitled to appear and be heard. and pup
/ Lication was had for at least fourteen l4)
Gays IN the New York Times and the
New York Tribune" newspapers desig-
mated BY the Mayor. and in the City Rec
| ord. for ten QOl days Immediately prior to
/ the Date OF the hearing. and the public
| hearing was duly held on such day; and
! Whereas This Board has made inquiry
/ as TO the money value OF the franchise or
right applied for. and proposed 70 oe
/ granted to The Third Avenue Railroad
/ Company. and the adequacy Of the com
/ pensation proposed to be paid therefor; now.
| Resolved. That the following form OF the
resolution for the grant Of the franchise or
! right applied for by The Third Avenue
Railroad Company, containing the form OF
proposed contract for the grant Of sucn
/ franchise or right. be hereby introduced.
/ and entered In the minutes OF this Board,
Resolved. That the Board OF Estimate
and Appointment hereby grants TO
The Third Avenue Railroad Company
! the franchise or right fully set out and
described in the following form OF pro
posed contract for the grant thereof.
embodying all OF the terms and condi-
! tions. including the provisions as TO
rates, fares and charges upon and sub
tect TO the terms and conditions in said
and that the Mayor Of The City OF New
York be. and he hereby Is. authorized
10 execute and deliver such contract Ia
the name aud on behalf Of the City Of
New York, as follows, to wiz
day of 1902 by and between The
| City of New York Hereinafter called the
city, party OF the first part. by the Mayor
Of said City. acting for and In the naIno OF
said City, under and in pursuance Of the
authority of the Board OF Estimate and Ap-
portionment OF said City hereinafter called
the Board). and the Third Avenue Railroad
Company Hereinafter called the Company.
party Of the second part. wltnesssth:
In consideration of the mutual covenants
and agreements herein contained. the par
ties hereto do hereby covenant and agree as
follows:
Section / The City hereby grants TO the
Company. subjeot 20 the terms and cOndi-
tions hereinafter set forth. the right and
privilege to construct. maintain and operate
[ a double track extension 10 its present
street surface galway with the necessary
conveying passengers in the Borough of
Manhattan, City Of New York. upon the
following route:
/ Beginning and connecting with ths
eXistlng double track street surface
railway Amsterdam avenue al or
near the intersection of said avenue
with Fort George avenue: thence north
erly. westerly and sOutherly In, upon
and along said Fort George avenue as
Il winds and turns TO It's Intersection
with Audubon avenue, with loop ter
minal at said intersection. 10 be con-
structed within the present roadway Of
said Fort George avenue. The said
( route. with switches, crossovers and
terminal loop hereby authorized are
shown upon map entitled:
Amended map showing proposed
! railway Of the Third Avenue Railroad
Company IN the Borough Of Manhattan
ton 10 the Board Of Estirnate and Ap-
signed by F. W. whitridse. Receiver,
EaYaTa g4 + M@asT Ms6v Gf2eFa e, FBginssr NanTssr
dated New York. November 81. 1908. a
copy o. which Is attached hereto. is to
be deemed a part OF this contract, ls
70 be construed with the text thereof.
and - 70 be substantially toliOwedi
provided. that deviations therefrom and
additional turnouts. switches and crcss-
which are consistent with the
foregoing description. and the provisions
- tits contract. may be permitted by
. resoutioU = the Board
Sec 2 Tho grant OF this privilege is sub
| tect to the following conditions. which snail
/ bc compiled with by tho Company:
First-Tno consent In writing Of the own
/ srs Of ha,f IL value Of the property bounded
on sad streets and avenues To the cDnsTuc-
I r..r and operation of said railway shall
/ be obtained By tbs Company within thirty
laO days rom ths signing os this contract
. by the Mayor. and a copy Of such consents
: shah 10 fled with the Board within such
/ tire. a- ia ta, event rnat such consents
/ cannot be obtained within such time tho
/ Company shall. within one month there
. after. upke application 70 the Appellate
T Division u the supreme Court for the ap-
1 Iointnert OF Commtss ioners the manner
/ provided by the Railroad Law 20 determine
/ - sad railway ought % b" cOnst trncLed.
I otherwise this grant shall cease and deter
F mine.
sec7nd-The said right 10 construct.
+ maintain and operate said railway shall be
held and enjoyed BY the Company FOR
/ term not exceeding thro" g years. provided
T that ~ thH &C. EuHH0v VNntI make app4iHt-
/ ton 20 tho Boa-d. then the Board may az
/ tend the term Of said riE7t and privilege
upon the same terms and conditions herein
( HveI for "a further period not exceeding
Th.TdST5s Company ,hsu pay % the
/ city Tor THIS privilege the following sums
Of money.
5000 in cash within thirty la2)
davs after the date on which this
contract is signed BY the Mayor.
90 During TIE term or this grant.
whether FOR a term ot three years
or an extension Of such term for a
further period % two years on ap-
provided an annual sum Ehich
shall in no case b. less 'hsn one
thousand one hundred dollars
t$I1'O. and which shall n" equal
10 rec 90 PER cent. OF It's Gross
annual receipts II such percentage
shall exceed tho sum OF one thSu-
sand one hundred dollars Nl.lpD-
TIE Eros. receipts mentioned above shah
| be that portion OF the gross earnings OF the
! Company from all sources as shaH bear tHe
/ same ratio o. It's whole gross earnings a.
D ~ TF He
/ shall bear 20 the entire length ot the AL
way OF the Company in operation.
| The payment OF such minimum SUNS nis
shall begin from the date on which thls
I contract 4. signed By the Mayor.
such minimum annual sums shA. Re pall
! into the Treasury 81 the city on November
! ~ each vear. ana shall DO for the amount
/ due 10 September 80 next preceding
! Whenever the percentage required 10 be
/ paid shall exceed the minimum amount as
above such sum over and above such min
! imum shall be paid 20 the Comptroller OF
! the city on or before Move nbsr IN esch
year for the year ending September SO next
/ preceding The fiscal year shall end on
! September 30 next preceding said date CT
payment. and provisions OF, the Hallroad
/ after be amended, relating 70 the manner
/ OF payments and statements or perc"h'aseS
/ OF gross receipts OF street railway com
/ papies not inconsistent with this contract
/ shall be strictly complied with,
Any and all payments 70 he made oV tns
/ terms of this contract TO the cry hF me
] Company
manner in tho nature OF tax. but such
/ payments shall be- in addition 10 any ana
! all taxes OF whatsoever Kind or descIip''.h
/ now or hereafter required 10 be paid by
/ anv ordinance Of the City or by any IaW
/ Of the State OF New York
| Fourth-J-pon the termination OF mis-
/ contract or extension thereof as herein pro
J vided or upon the termination or the rlshts
| hereby granted for any other cause, OF
| upon the dissolution OF the company oetore
/ such termination. the tracks ana equipment
/ ~ the Company constructed pursuant 10
/ this contract within the streets and hlGh-
| WAYS shall become the property OF the tlty
| without cost and the same may be used
! or disposed OF by the city for any purpose
] whatsoever. or the same may pe leSSV" -
/ any company or individual -.
II. however. at the termlnati9n m % 9o.rdS ms
| shall SO order Nv resolution, the COMPANY
! shall upon thirty (3o) DAYS notice from ne
! Board, remove any and ell ot its tracks ana
/ other equipment constructed pursuant 70
/ tbis contract and the said streets. avenues
/ and highways shall be restored 10 thsir
/ oricInaI condition at the sole cost ana eN-
pense Of the Company.