New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-21
PUBLIC NOTICES.
PUBLIC SoTICR


TIONMENT, CITY OF NEW YORK
Public Notice is hereby given that at
the meeting OF the Board OF Estimate and
Apporttonment held this day. the following
Whereas, The Third Avenus Railroad
tompany has under date OF June 2, 1905.
made application TO this Board tor the
grant OF the ght, privilege and franchise
10 construct, maintain and operate a double
track street surface railway as an extern
sion to its existing line upon and along
Fort George Avenue from Amsterdam Ave
nue. To Audubon Avenue. IN the Borough Of
Manhattan: and
Whereas. Section 90 Of the Railroad Law
ana sections q, "a and - OF the Greater
ters go and $50 Of the Laws Of 1895. pro
vide for the manner and procedure Of
making such grants; and
Whereas, in pursuance II such laws, tnle
Board adopted A resolution on June 5, 1908.
ming the date for public hearing thereon
az June Is, 1905. AZ which citizens were
entitled to appear and he heard and pub
licstion was had for at least fourteen "a,
days in the New York Times and the
New York Tribune newspapers desis-
mated by the Mayor. and in the Cits Rec
oTd, for ten 40 days Immediately prior 70
the date Of the hearing. and rhe public
hearing was duly held on such day; and
Whereas. This BOARD has made inquiry
as 10 the money value of the franchise or
right applied Tor. and proposed 10 be
granted to The Third Avenue Railroad
company. and the adequacy of the COM
Pensation proposed to he paid therefor: now,
Resolved, That the following form Of the
resolution for the grant OF the franchise or
right applied FOR ny The Third Avenue
Railroad 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. 70 wit:
Resolved That the Board OF Estimate
and Apportionmenr 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
emhodving all Of the terms and condl
tions. including the provisions as 20
rates, fares and charges upon and sub
Jet to the terms and conditions in said
proposed form Of contract contained,
and that the Mayor ot The City. Of New
York be. and he hereby Is. authorized
- execute and deliver such contract in
the name and on behalf Of the City OF
New York, follows. to wit.
THIS CONTRACT. made this
day ~ 1909. by and between Tn>
City OF New York hereinafter called the
city, party OF the first part, by the Mayor
~ said city. acting for and in the name OF
authority Of the BSard ot Estimate and kp-
portionment Of said city thereinafter called
the Board. and the Third Avenue Railroad
Company ,hereIua fter called the Company.
party Of the second part. witnesssth:
In consideration az the mutual covenants
snd agreements herein contained. the par
ties hereto % hereby covenant and agree as
follows.
Section / The CITY hereby grants 70 -he
Company, subject 70 the terms and Condi-
tions hereinafter set forth. the right and
privilege to construct. maintain and operate
double track extension to its present
street surface railway, with the neCessary
wires and equipment foT the purpose OF
conveying passengers In the Borough or
Manhattan city Of New York upon the
following route:
Rag7rnfDs and connecting with the
existing double track street surface
railway on Amsterdam avenue at or
near the intersection ~ said avenue
with Fort George avenue; thence north
erly westerly and southeTly In, upon
and along said Fort George avenue as
fl winds and turns 70 It's intersection
with Audubon avenue. with loop ter
rniual at said intersection. TO be con-
structed within the present roadway OF
said Fort George avenue The said
route. with switches. crOssovers and
terminal lo7p@ hereby authorized are
shown upon a map entitled:
Amended map showing proposed
railway 81 the Third Avenue Railroad
company In the Borough ~ Manhattan,
city OF New York. TO accompany peti-
tion 20 the Board Of Estimate and -Ap-
9r5 g% ne q JHn F,,- z 1'2 se.Ia and
Edward \ Maher. General Manager.
and T. r. Mullary. Chief EnEineer.
dated New York. November -. 1905
copy Of which IS attached hereto. Is u
b. deemed 4 part ~ this contract, IL
~ Be construed with the text thereof.
and is n he substantially followed,
provided, that feviations therefrom and
additional turnouts. switches aud cross
overs which ara consistent with the
f2rssoLnE description, and the Provisions M,
II this contract. NAV 10 permitted ~
rsso'ItiOn u the BOARD
Sec ? The grant OF this privilege Is sub.
isCt to the following conditions. which shall
lie complied with by the Company
First-The consent in writing Of the own
la
on said streets and avenue. 10 the constrIc-
ton and operation or said railway shall
he obtained by the Company within thirty
S0 DAYS from the ,gnirg OF this contract
hv the Mayor. ana a copy Of such consents
shall He fled with the Board within such
time. or In the event That such consents
cannot he obtained within such time. the
Company shall within one month there
after mako application 10 the Appellate
Division q the supreme Court for the ap-
poinrmeut of Commissioners In the manner
provided by tlfA Railroad Law to deterrnins
= said railway ought - +" constructed:
otherwise this grant shall cease and deter
mine
SAcord-ThA sail right 10 construct.
rard and onj1vsd by the Company for
term not exceeding three 81 years. provided
r1a- u N" CrUranv shall make arPica-
lion TO the Board. then tbs Board NAV ex-
tend the term II said right and privilege
upon the same terms and conditions herein
dxod for further period not exceeding
r,o - years
Ttlri-Tne Company shall pay TO th-
city for This privilege The following sums
~ "a, Tne sum = th-.a hundred dollars
5000 IN cash witHin thirty t9H
davs after tho date on which this
contract is signed bv the Mayor
~, During the term Of this grant.
whether for = term Of three years
or an extension u such term for
further rorio1 Of two vars on ap-
p-Ir4-ion Or tho company. as herein
ur-vIdeI an annual sum which
shall I'm 10 case 10 less than one
thousand one hundred dollars
81 1907, and which shall b equal
% three ~ Ter cent II - gross
annual r~rot.'a II such percentage
shall exceed the sum n? one thou
sand enc hundred dollars tSl 100
The cross receipts mentioned above shall
10 that norton Of f~- gross earnings OF the
Company from, all sources as shall bear the
same ratio 10 its whole gross earrlnES -
v-4v u the Company IN operation.
The payment ~ such minimum sums
shall begin from The dat" ON when tnis
..'Trrs~t is signed Joy the Mar"r.
such minimum annual sums snail te paid
furo tho TrsdsuT. 4 The tIty on N"N'tnV'T
1 ~ each year and shall 2" Tor The amount
5u. 90 September 30 next preceding
Whenever the percentage required to be
Maid shall exceed the minimum amount as
above. such sum over aut above such MN
f1-rr1 shall lg TutG - me 'iNpiFoii-T OF
The ,,i,. on rr before November / IN each
,ear FOR the YEAR .nffDR september 50 next
preceding The h-ra. Esar sinai END on
September 81 naxt preceding said GATE -
rarrsnt. and provisions - The Railroad
law as IL nov exists, OF as " may mere
after be amended relating 10 the ruST
~ ,.4.-r-aurs and statements Of percentages
~ gross receipts ~ street railway com
n,.r7ia- not Inconsistent with this contract,
shall no strictly implied WITH
ANY and all payments 70 be made BY ne
terms ~ This contract tu the city b. the
,-,r,p9rv shall not 20 considered L any
manner In the ma ura Of tax. buy such
uarrnents shall b~ I'm addition 10 any and
ain taxes 81 whatsoever kind or description
now or hereafter required 70 be paid ~
any. ordinance Of the city OF b any law
NJ trs state os New York
r-I,irfH-Tpor the termination ~ this
,,ptyarf or extension thereof as herein pro
,-i5od or rIpou ths termination II the rights
bsr.bv granted foT any other cause. or
-,rnv, the dissolution ~ tire '"Tpany bel 1Te
snrb termination. the tracks and equipment
II .I.,. company r.fa-;Iu '"a pursuant 70
this contract within tine streets and high
u.eys shall become the property OK the cry
without cost, and the same uav o@ used
NJ disposed Of nv the City for any purpose
whatsoever. or the same mag " lsGS.1 20
an romuauv or individual
If however. at the termination y TINS