New-York tribune., 1909-06-23
PUBLIC NOTICES.
PUBLIC NOTICE
BOARD OF ESTIMATE AND AFbcR-
TT0NMENT

meeting Of the Board of Estimate and Ap-
portionment held this day the following
Whereas, The New York CITY Interior
ough Railway Company has under date OF
June %. 1905, made application 70 TINS
Board % be relieved from It's obligations 10
make certain payments TO the CITY required
an ordinance Of the Board OF Aldermen ap,,
proved by the Mayor March 81. 1913. ana
by a petition under date OF November J.,
1908, has made application for an extension
Of time within which TO complete twenty
four miles of double track street surface
railway: and
and sections - 70 and - of the Greater
New York Charter. as amended BY Chap
ters 629 and $50 Of the Laws OF lSO2. pro
vide fer the manner and procedure OF max
ing such grants; and
Whereas, In pursuance OF such laws, thls
, Board adopted a resolution November %,
1908 fixing the date for public hearing
thereon as December II. 1908, al which
citizens were entitled TO, appear and be
heard, and publication was had for least
two 90 days in the New York Tribune
and the New York Sun" newspapers des-
Record FOR ten 90 days Immediately
prior 10 the date Of 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 he granted
10 the New York CITY Interborough Rail
way Company. and the adequacy Of the
compensation proposed to be paid therefor:
now, therefore. II is
heSolNH1, IIat tho tO4loWiNS ttT'H OF inc
resolution for the grant OF the franchise or
right applied for by the New York City
1nt5rboroUgh Railway Company, containing
tho form OF proposed contract for the grant
| Of such franchise or right. be hereby intro
| duCed, and entered in the minutes of this
| Board, as follows. 10 wit
| Resolved That the Board or Estimate
and ApportiOnment hereby grants TO the
New York city Interborough Railway
Company the franchise or right fully set
out and described In the following form
OF proposed contract for the grant thereof.
embcdying al OF the terms and condi-
tions, including the provisions as 20
rates. fares and charges upon and subject
TO the terms and conditions in said pro
posed form of contract contained. ana
that tho MAYOR Of The CITY OF New York
be, and he hereby is. authorized TO exc
cute and deliver such contract In the
name and on behalf u The City OF New
York. as follows. 20 Wit
PROPOSED FORM OF CONTRACT
Tais Contract. made this day ot
~ by and between The city
Of New York hereinafter called tbe CttyJ.
party of the first part. by the Mayor OF
said City, acting for ana I'm the name or
said City. under and In pursuance Of the
authority of the Board Of Estimate and
ApPortiouwent N said city hereinafter
called the Beard. and the New York City
Iuterborough RAILWAY Company ,herein-
after called tho company, party OF the sec
whereas. on March 10. 1908. the BOARD of
Aldermen - the Clty passed an ordinance
entitled
An ordinance granting ~ tho New
York city IuterhoTcgKu Railway Company
the right or franchise 10 construct and
operate a street surface railroad iu. upon
ard along certain stre~tr. avenues. park
wayE. highways and bridges q The city
or New York,
Whereas said ordinance WAS on March
ri. 1po5, approved by the Mayor Of the
city. and
April 3 1903 filed with the Comptroller of
The city a written ncceptance, executed
- FHrT o.
o. and an agreement To perform and OBJ
serve the same. ana
consent OF the corporation Of Tn" city or
New York was granted % the company f0r
thA construction. maintenance and opera
tlrn or the railroad ~ the Company upon
certain enumerated streets avenues. high
WAYS. etc, within said CITY. and across
certain streets. ayenuSs. highways. etc.
MAY bel encountered In its route. and
Whereas. on MAJ .. 1903. tho Company
T"utioned tho Board OF Railroad Sommis-
siauers % the state of New York FOR
certificate of public convenience and
necessity under section 80 of the FailTor
law. covering all tho routes of said right
or franchise win tho exception q q por-
ton OF Route First" and also for tho
certificate or said Rosrd that tho conditions
prescribed IN said section 80 had been com
nlied with which psttfiou WAS denied on
December u. 1903 and
Whereas. ,The Company subsequently aP-
piled 10 tho Appellate Division ~ the Su-
prems court for an order directing the sald
Board cf Railroad Commissioners 70 issue
said gerfiGU ate. ana on b"'eNlteT - i~-4
the said Appellate Division rendered a de
cisiou directing said Board Of Railroad
Commissioners 10 grant such certificate with
respect 10 certain Of the routes described in
said ordinance. and
Whereas, on January 12. 1908. said Board
OF Railroad Commissioners issued 10 the
Company a certificate of public convenience
, and "A necessity with respect 70 said Ger
tain OF the routes described in said ordi-
Whereas. on June 10. 1908. the Appellate
Division issued an order extending the time
required TO complete twenty-tour miles OF
double track railway from July !, 1893. as
required by section OF said ordinance 70
June ]. 1906. and on May IS. 1905. a
similar order was given extending such
time to Jure l. 1907. and
Whereas. Petitions dated June % 1900:
June 81 1906 and March u. 1907. were
praying for the consent OF said Board. as
the local authority. to the relinQuishIuent OF
part Of the routes described in said erdi-
nance. and 10 the substitution therefor OF
other routes. and also a petition dated May
Is. 1906. praying for an extension or time
within which 10 complete the double track
railway as prescribed in section OF said
ordinance. and
whereas \ contract bearing date OF
June % 1907 entered into between
the Company and the city. giving the con
sent OF the City TO said alteration OF its
routes and extending the time within % %wnicn
to complete twenty-four miles OF double
track railway eighteen months from the
date Of the execution OF said contract by
whereas on November ~ 1898 the
Company petitioned the Board for q further
extension Of time within which TO complete
its railway. and
Whereas. on December IL. 1905. reso-
luton was adopted by the Board which
further extended the time within which 10
complete twcnty-four miles of railway 20
and including June ~, 1909; and
Whereas, Under date OF June 2S, 19OS'
the Company petitioned the Board TO be re
lieved from the obligation OF making the
annual payments for the use Of tho bridges
across the Harlem River specified in section
2 fourth OF said ordinance. and also from
fourth OF said ordinance, excepting such
sums as shall be equal TO 3 per cent. Of It's
gross annual receipts during the first Ave
years and per cent thereafter:
premises and OF tho mutual covenants
herein contained. the parties do hereby
covenant and agree as follows;
Section /. Tho city hereby consents. sub
inafter set forth. TO the change or amend
ments TO the said right or franchise. as ex
pressed In said ordinance adopted by the
Board OF Aldermen on March 10. 1903 and
approved by the Mayor on March 81, 1908,
as amended by said contract bearing date
Of June %. 1907, said changes or amend
/. Section l as contained In said ordi-
nance. and amended by said contract shall
be amended TO read as follows:
Section /. The City hereby grants 10
the New York city Interborough Railway
Company. subject to the ,th SGhdtl6nS t6n ram ana
cbise. right and privilege 10 construct and
operate double e-treck surface railway,
with all connections turnouts. switches,
crossovers. and suitable stands necessary
for the accommodation and operation or
said railway, by the overhead system Of
electricity. or any other motive power which
may b. lawfully employed upon the same:
in upon and along the following named
streets, avenues. perkways, highways. public
places bridges and ytaducts and crossing
intersecting streets and highways all stu
ated in the Boroughs Of Manhattan and
The Bronx, City. County and state of New
York. namely:
''First-Comnencing at a point on the
One Hundred and Fifty-flfth street vtaduct,
between Rradhurst and Eighth avenues and
on a line parallel with the westerly line Of
the Manhattan Elevated Railway Com
pany's station at Eighth avenue and One
Hundred md F1fty-ifth street; running
thence easterly and along said viaduct TO
the Central or EIacomb's Dam Bridge.
thence running northerly upon anc along
said bridge 70 the westerly approach thereof
known as the Sedgwick avenue approach,
fn,-,,srIv called Orden avenue apnroaCh