New-York tribune., 1909-07-01
PUBLIC NOTICES.
PUBLIC NOTICE.
BOARD OF ESTIMATE AND APPOR-
TIONMENT,

PUBLIC NOTICES.
| PUBLIC NOTICE.
/ BOARD OF ESTIMATE AND APPOR-
| TIONMENT.
| CITY OF NEW YORK.
| Public notice Is hereby given that at
meeting OF the Board of Estimate and Ap-
portiOnment held this day the following
| proceedings We're had-
oush Railway Company has, under date 0
| June %. 1908, made application 10 thl'
Board to be relieved from its obligations e
/ make certain payments TO the City required
| BY the terms OF its franchise granted By
| an ordinance OF the Board OF Aldermen. ap-
| proved by the Mayor March 81 1903, anC
| BY a petition under date OF November u
| lOOS. has made application for an extension
| OF time within which to complete twenty
four miles OF double track street surface
| railway: and
Whereas Section 92 Of the Railroad Law
and sections ~. 70 and "a of the Greater
New York Charter, as amended by Chap
| vide for the manner and procedure OF max
ing such grants. and
Whereas, In pursuance OF such laws. this
Board adopted resolution November -
1908. fixing the date for public hearing
citizens we're entitled to appear and b'
heard. and publication was bad for at least
two % days in the New York Tribune
and tho New York Sum-" newspapers des-
Ignated by the mayor, and In the .'City
Record for ten Q0) days Immediately
prior 10 the date OF hearing. and the public
Whereas. This Board has made inquiry
to the money value OF the franchise OF
right applied for, and proposed to be granted
TO the New York City InterbOrough Rail
way Company, and the adequacy OF the
compensation proposed to be Usid 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 New York City
Inte-borough Railway Company. containing
tne toIn or proposed contract for the grant
OF such franchise or right. be hereby intro
duced, and entered in the minutes OF this
Board. as follows. to wit:
Resolved. That the Board OF Estimate
and ApportiOnment hereby grants 10 the
New York city InteTbOrough Railway
company the franchise or right fully set
out and described IN the following form
or proposed contract for the grant thereof.
embodying ali Of the terms and Condi-
tionE. including the provisions as 20
rates fares and charges upon and subject
10 tho terms and conditions in said pro
posed form OF contract contained. and
be. and he hereby Is. authorized 20 exc
cute and deliver such contract in the
name and on behalf Of The City OF New
York. as follows. 70 wit.
PROPOSED FORM OF CONTRACT.
10 by and between The city
or New York Hereinafter called the city,.
party Of the hrst part By the Mayor OF
said city. Ecting for and In the name Of
said city, under and ir. pursuance OF the
authority Of the Board OF Estimate and
AppoEtionment OF said City hereinafter
called the Board. and the New York city
lnterboTough Railway Company therein
aftsr called the company. party of the sec
Whereas on March L. 1908. the Board of
Aldermen OF the city passed an ordinance
An ordinance granting 20 the New
York city InteTboroush Railway Company
the right OF franchise TO construct and
operate a street surface railroad in. upon
and along certain streets, avenues. park
ways. highways and bridges OF The City
of New York
Whereas. Said ordinance was on March
81. 1903; approved by the Mayor OF the
Whereas. Thereafter th4 Company. on
April 3. 1893. hle-i with the Comptroller of
the city written acceptance. executed
March a.. 1908 ~ said ordinance. and %
;hs terms. conditions and provisions there
of and an agreement 70 perform and Oh
serve the same. and
Whereas. In and by said ordinance the
consent of the corporation Of The City ~
Se~ York Was granted 10 the Company for
tie construction. maintenance and opera
t;n1 Or the railroad % The Company upon
certain enumerated streets. avenues. high
ways. etc. within said CITY. and across
certain streets avenues. highways. etc. as
may b. encountered In its route. and
Whereas On MAY 3. 1873. t-s Company
pet!ti0ued the Board of Railroad Comuis-
siousrS u the state Cc SeV York for a
necessity under section SO of the Railroad
1aT. covering all the routes of sait right
or franchise vita tre eAcepion ot a ror-
certificate of SAID Board that the conditions
prescribed In said section 80 had been com
piled with, which petition was denied on
December 81 Ie-S. and
Whereas The Company subsequently aP-
piled 70 the Appeiiat" Division q the Su-
p-eme court Tor Al order directing tho said
Board of Railroad Commissioners 70 issue
sid certificate and on December =. ltsa4
tne said Appellate Division rendered a ce-
cision .dir~eJiuE said Board % Railroad
Hsfu ugtH "a
respect 20 certain q the routes described N
said ordinance. and
Whereas. ON January Y. 1908 said Board
cf Railroad Commissioners issued 70 The
Company a certificate of public convenience
ana a necessity with respect 70 said Ger
tain Of the routes described n said ordi-
whereas. on June IL. 1905. ths Ap7eilat.
Division issued an order extending tH- ticne
double track railway from July I. 1905 as
required pv section o. said crdinance %
June !. 1906. and on May * 1906. a
similar ord@r vas given extending such
dine 70 Jurs I. 1907. and
Whereas Petitions dated June -. 1908.
June 81 1905 and Marca T. 1877. were
PRAYING ror the consent os said Board. az
th- local authority 70 the rellnGuishrlen q
part os the routes described In said oTdi
nance. and u ths substitution therefor OF
other routes. and also a petition dated May
T. 1906. praying tor an extension ot time
within which 20 completes the double tracS
WFe-eas. ! eon,ra-, bearing date ot
June p. 1907. vas entered into Se'wesn We,
the Company ard the 'lty. giving the con
sent OF the city 70 said alteration ot Us
routes and extending the time within which
10 COMPLETE twenty four miles of double
track -aiIwav eighteen months from the
iat. ~ the execution Of said contract D
the Mayor. and
Company retitloaed the Board t0r a further
extension OF time w!thia which % eoIa2-eIs
its raiiWRy. ana
Iutiou was adopted ~ the Board which
further extended the time within which 10
complete twenty four miles of railway 10
and Including June -. ls0e: and -
Whereas. Under date ot June =. 1908.
the Company Petitioned the Board 20 - -
lieved from the obligation OF making the
annual payr1entsScor tho use Of the bridges
ac-oss the Harlem River specified N section
fourth OF said ordinance. and also rom
all other payments specified N secuon :
fourth Cf said ordinance, excepting such
sums az sha!, - equal 20 per cent OF is
gross annual receipts during tho nrst nVe
year, and 5 Ter cent thereatte-:
Now therefore II consideration OF the
premises and u tho mutual covenants
herein contained. the parties DO hereby
covenant and agree as follows; -,
Section /. The city hereby consents. SUB
Jet 10 the conditions and provisions here
matter set forth. 20 tho change or amend
ments 70 the said right or franchise. as e1-
pressed in said ordinance adopted ~ the
Board OF Aldermen on March l6. 1908. and
approved by the Mayor on March 81. 1893.
as amended by said contract bearing dhte
Of June -. 1907. said changes or aTnsnd-
meuts 10 be as follows.
l. Section I contained IN said ordi-
rance. and amended hy said contract shall
be amended 10 read follows.
Section 7. The city hereby grants TO
the New York city Interoorough Railway
Con,pany subject TO the conditions and
provisions hereinafter set forth. the fran-
chiss, right and privilege 20 construct and
operate a double-track surface railway
CrossoverS and suitable stands necessary
for the accommodation and operation OF
said railway. by the overhead system Or
electricity. Or any other motive power which
may BE- lawfully employed upon the same.
In. upou and along the following named
streets. avenues. parkways. highways. public
places. bridges and viaducts and crossing