New-York tribune., 1909-06-10
PUBLIC NOTICES.
PUBLIC NOTICE.
CITY OF NEW YORK.

BOARD OF ESTIMATE AND APPOR-
TIONMENT.
Public notice is hereby given that at the
meeting OF the BoGrd OF Estimate and Ap-
portionment held this day the following
Proceedings were had.
Whereas, The United Electric Service
Company has under date OF June I, 1901,
made application TO this Board for the
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,
rvar and under the streets avenues and
highways within and belonging TO The city
OF New York for the purpose OF operating
an electrical signal system for the calling
OF messengers, and an electrical burglar
alarm system and frp alarm system: ard
Whereas. Sections 72, % and - OF the
Greater New York Charter. amended
by chapters 62e and $50 OF the Laws OF
1905. provide for the manner and pro-
cedurs OF making such grants: and
Whereas In pursuance OF such laws. this
Board adopted a resolution June "a,
1907. fixing the date for public hearing
thereon as July :. 1907. at which citizens
We're entitled 10 appear ard be heard. and
publication was had for at least fourteen
I4} DAYS In the New York Times" and the
New York Tribune newspapers deslg-
Record" for ten 90 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 as
10 the money value Of the fra achise or right
applied for, and proposed to be granted 70
the United Electric Service Company, ana
the adequacy Of the compensation proposed
TO be paid therefor; now. therefore, II 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
franchise or right. be hereby introduced.
and entered in the minutes OF this Board.
as follows. 20 wit.
and Apportionment hereby grants 10 the
United Electric Service Company the
franchise or right fully set out and de,
srrihed in the following form Of proposed
contract for the RraUt thereof embodyins
all OF the terms and conditions. including
the provisions as to rates ,o iares TAR ts1ns ans
and conditions In said proposed form OF
contract contained. and that the Mayor or
The CITY Of New York be and he hereby
IS authorized % execute and deliver such
contract IN the name and on behalf or
The City Of New York. as follows, to %it-
PROPOSED FORM OF CONTRACT.
This Contract, made this DAY
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 or
said city under and IN pursuance or the
authority Of the Board of Estimate and
Aprortionment Of said City hereinafter
called the Baard). and the United Electric
Service Company. domestic corporation OF
the state Of New York thereinaner caIled
the Company, party Of the second part
wttuesSeth
In consideration Of the mutual covenants
and agreements herein contained the parties
hereto do covenant and agree as follows;
Section /. The City hereby grants 20 the
Company. subject 10 the conditions anu
provisions hereinafter set forth. the right
and privilege 20 lay. CONSTRUCT; HalhIat"
end operate suitable wires OF other eiectTi-
cal conductors In conduits under the streets
avenues and highways within the territory
comprised IN the Borough OF Manhattan.
for the purpose % connecting by means or
such wires call boxes. or other signalling
apparatus, to be placed upon the premises
Of the subscribers. with Offices cf the Com
pany and thereby maintaining and operaj
ing an electrical signal system for IN" cail-
ing ~ messengers an eLeotrical htIElall
alarm system and tre alarm system. and
for no other purpose wratsoever- 49, 4,
section Tie grant II this privilege Is
Kihtect 10 ne following conditions;
First-Thc rights privilege and authority
herein granted shall not be construed u ~
any way give the Company the right, prlFl-
Iego or authority 70 engage IN a telephone
business or 10 render telephone service. ana
this contract is entered into on the mutua,
and express understanding and agreement
ny ma between the parties hereto. taat the
company viii rot in any way engage "a a
telephone business o. render telephone SCI
Vice. or claim the right So 90 do under this
contract ard the rights privileges and au.
thority therein and thereby granted ana
conferred.
Second The said right and privilege %
Iay construct maintain and operate wires
OF other electrical conductors In couiuits
for the purpose aforesaid shall be held and
enjoyed hy the Company. It's SUCCESSORS or
assigns. fur the term of fifteen tl'l year5
from the date when this contract - signed
hy the Mayor. with the privilege OF re
uegyal ~ said contract tur further Feti'l
- ten Ilui y-ars uucu fair TeyHlUatiuu OF
said right aid privilege.
II che Company shall determine 70 eKer-
else It's privilege of ren-Ha y shall make
application 70 the Board or any authority
which shall bs authorized los law u act f"r
the 'ity iu place OF tte 'oarL Sycu a
Mica Hon shall De mad" ~ anf time NOT
earlier than TWO years and not later Than
me year before the expiration Of the orig
iugl term 4 This contract The determine
tiou uI the @Ialugituu shall be SUFFICIENT II
nsrrcd q" IN writing 1y tht 'ptl pail ij a,.j
,he Hoard. but lu uu case shall the annual
rate ~ compensation te ;he 'Ity BE- rNei a
less amount than that sum required 70 h~
raiI IrIng she wear prior o. the termina
tluu 90 tho original term OF this CONTRACT.
n The Company and The Board shan rot
reach su-h agreement uu or before the day
one wear before the expiration ~ the orig
iHal term = this -ontTnct then th" annual
ten tIm Years shalt br reasonable. and
either the tlty tby the Boarii nv the com
lHuy shall - bound. upon request of the
other. q" enter into Wtlfien AK eiItilt
with each other. fixing the rate cf such
compensation al such amount as shaii he
reasonable. tUt I'm M case SHAH the Hnnuhl
rate s., liked be less than the sum required
20 %. paid faT the last wear prior 20 the
CONTRACT. and n the parties shall nof forth
with agree upon what is reasonable, fuen
The parties shall enter into written sFfc"-
mert n>lnE such annual rate a. sue
amount as shall r- determined by three lis
interested freeholdeTs. selected Tn The FOL
lowing manner
one dtsiuterested fr~eholder shall lie
chosen h, the Hoard one dislntereEt ID free
holder shall De chosen hy the company
These two shall choose third disaUterestcd
frc~rolG@r. ana the three 80 chosen shall
act appraisers and shall make the re
s-aluat ION Bforrssit- such appraisers Sfat.
be chosen least six months prior g. ~"
expiration ~ the original contract HnI ther
report shall he filed with the Board within
three months after they are chosen. They
shall act as appraisers and not as artitr"
4rH#Har
rEei~ own experience and upon such IN
formation they NAV obtain by Inquiries
and investigatigns without the presence -
either Iarty. fhey shall hav" the right %
examine the books of the Company ana Us
officers under cath. The valuation SO ascer-
fafueI fixed and determined shall De
conclusive uron both parties. but no an
uu6l sum shall IN any event be less than
the sum required 20 be paid fcr the last
term of this contract. n. In any case, the
annual rate shall not be fixed prior 20 th"
termination of the original term ot this
contract. then The company shall pay N"
annual rate Heretofore prevailing until the
new rate shall l., determined, and SHAH
then make up 10 tho tity the amount ~
any excess of the annual rate then deter
mined oyer the previous annual rate The
compensation and expenses of the said ap-
pra isers snail be borne Jointly bv the CITY
and the Company, each paying one halt
thereof.
innl contract or n the same be renewed
ther az the termination OF the said renewal
term. 1r upon the termination Of the rights
hereby granted for any other cause. or upon
the dissolution OF the company before such
termlnp tiou. the plant aud property ~ the
Company used FOR maintaining and oUerat
ing nm cIer tTlcaI sigma system for tFh call
ing of messengers, an electrical burglary
alarm system. and a FIRE alarm system
within the streets and highways ~ the
Citv shall become the property OF thc city
without cost and the same may be used bv
the city for any purpose whatsoever II.
however at the termination of this grant.
as above the City, by the Board, shall 80
order by resolution. the Company shalt on
thirty t3n) days notice from the Board re
move any and all Of its wires. or other
electrical conductors or any portion there
Of from apv al. ~ the streets and public
places within the limits ~ the City.
Fuurth-The Company shall pay 10 the
civ for the said privilege. the following
sums of money:
T'ir sum OF fve thousand dollars $1,000
in cash within thirty t3D days after the
a Iyhlch This contract Is sLgneM hN