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

The use OF said railway, which shan be
constructed by the Company under this 81
tract. including the racSs, wires ana oCnsr
equipment, or any structures IN pubic
streets and avenues owned BY the con-
Pany and used in connection thereWl'h.
shall be permitted by the Company % any
Individual or corporation to which the NY
NAV have granted. or may hereafter grant,
the right or privilege 70 use such streets,
avenues or highways. for street rel'Way
purposes. UPON payment OF an annual sum
by such individual o. corporation 10 the
Company. which shall not exceed the legal
IN crest On such proportion Of the whole
cost or the construction Of such TailW ay
and structures and OF the cost OF keeping
the tracks and track equipment IN repalI'
as the number Of cars operated BY such
company or Individual shall bear % me
number Of cars operated BY the companies
then using the same. together with the az
tual cost OF the power necessary Tor the
operation Of the cars thereon OF such in
dividUal or corporation and the cost Of iay-
ing and repairing OF pavement and remoy al
Of snow and ice. and all the other duties
imposed upon the Company by the terms
Of this contract. in connection with the
maintenance or the operation OF the SAID
railway used.
The Company shall not at any time op-
pose. bur shall, upon the request Of the
Board, consent 70 the construction or
operation Of any street surface railway
which may necsssitate the use OF any poT-
ton Of the railway which shall Re con
strueted by the Company pursuant 70 TINS
contract
by underground electric power substantially
similar to the system Of underground cleo
trio power now used by the street surface
railways in the Borough OF Manhattan
provided that anv other power may be
used except locomotive steam power OF
horse power, which may be lawfully USED
approved by the Board. and consented 70
BY the abuttiug property owners. in ac-
cordance with the provisions OF law and
by the Public Service Commission for The
First District q the state OF New York
Ninth-No wires for the transmission Il
power shall he permitted unless they Re
placed in conduits underneath OF along The
qe OF tine FaiT b m5n 'p 6s e 9Taye
two couduits nor less than inches in dt
ameter each, for the exclusive use OF the
CITY. The Company hereby agrees that
Company and the City. above
Tenth-The Company shall commsnce
lied Within thirty t3OD DAYS from the tats
upon which the consents Of the property
owners are obtained. or from the date
upon which the decision OF the Appellate
Division 81 the Supreme Court that such
r-aiIwav ought 70 be constructed is ren-
dered in lieu OF such consents. and snail
same in fun operation within three 30
months from the date Of obtaining such
consents or such decision, otherwise this
right shall cease and determine, and a.!
sums paid, or which may be deposited
with the Comptroller Of the City. as here
matter provided. shall thereupon be for
Ieite1 10 the NlLIs pTDNlucu Nitdl ohlti
periods may ~ extended by the Board for
a period or periods not exceeding In the
aggregate SIX months each and provided.
further that when the commencement OF
-or1uletiou Of said construction shall be
prevented by legal proceedings in any court
or by works OF public improvement, or IRON
other causes not within the control OF the
Company. the time for the commencement
OF completion Of such construction may be
extended for the period OF such preVsntioh
but 10 delay shall be allowed FOR unless
re nou-1 ri-oreedIrgs shall Be diligently
prosecuted by the Company. and pFoElIei
further, that IN no case shall such osia Ty
Re dser1ad 70 begin until The Company shaIl
have pTven rritten notice 70 the board OF
apv such court proceedings or other occa
sion Of delay. and deliver TO the f.eIu
cOpies Of any injunction Or otheF oIueLS :,
ard the rapers upon which the same snail
nave been granted. and unless upon tns re-
quest Of the Board the Company sna!L. -
Writing. consent that the Board, either ~
its own name as party. or n + .-e M
~ the CITY as a party, may interFeh7 ~
any such proceedings - -,,
EIaverth-Said railway shall oe yon
s.-Tcte6 maintained and operated subject
10 ia. sJlyeyy sion and control OF az ttS
authorities OF the City VINO have 1urlsdttL
sion IN such matters. as proNlo7o ~ 1-7
TweIf-h-s.ld railway shall be construct
manner OF street railway construction anu
cneratiou and the railway and property -.
tha Company shall be maintained IN GOO
condition throughout the term q lh'S ''''-
Tbirteenth-The rate ot fare for any pss-
senEer upon such railway snail not eAcee1
cents and the Company sHdLL not Ia - :
any passeny@- more than > cents TOT on
continuous r.da from any point On sa.d
railway. or ? line OF branch QperateI -
connection herewith. 20 am point t io,'
or Of anv -oraecting line W branch thereof
within the limits 81 the city
Tho COMPANY shall carry free upon the
railway hereby authorized during the term
~ this contract all members 81 the Poilc4
ma TiPrS r1e0rS or the lITNs Wit1A+
such employees are IN full uniform
Fourteenth.--No cars shal! all. be 9per o4{sl
than passenger cars, and cars necessary f9r
the rspa!r or maintenance Of the railway.
and no freight or express cars saau %
operated upon the tracks OF SAID rallWay
and the tracks hereby authorized shall not
be used for TIRE storage OF cars
F'lfteelth-Cars on the said railway shaI
minutes both dav and night. and as nuch
oftsuer as reasonable Conysuielcs OF re
public may rsGuiTs OF as may - dIrec'>1 ~
the Board
eaots ear run over the said raj. way proper
tenders AMI wheel guards. in contorInlly
v-ftr sucH avs and ordinances as are nov
in force. Or NAV hereafter during me FERN
~ mis- CONTRACT be enacted or adopted BY
the state or CITY authorities
ScvontsAnrh-Au cars which are oFeratsI
IN aid railway shall Dc heated during the
odd vfatre- IN conformity with such avs
end o-EiUan IS az are now in force or NAY
Hereafter. during tire term Of his oontracl.
10 enacted OF adopted ~ the state or cry
authorities
Ffzhteenth-Tn4 Cornpary. 50 long az It
shall continue to use any OF the tracks upon
the streets AM avenues in which s4I4 az
vsv shall be constructed SHAH tause % Dc
,ratsred At least three times every twenty
four hours Wien the temperature IS apoFe
* degrees Fahrenheit, the entire width ot
the streets and venues. eNrsrr when me
width ~ such streets and avenues SHAH
exceed ~ feet between curb lines. in when
caso the Cong auy shall cause % ce Vatere9
only so faar IN width Il such roadway. ana
tbA- g.nnpanv snail provide FOR such QuT-
nose AZ least one tank car. the capacity OF
which shall be sufficient 70 water sIeh
streets and avenues IN a Satisfactory man
\fnet.snth-AU cars operated on said
r.ifrav shall b. well lighted by electricity.
or by some Lighting system me- sq5S as2 sei'
TyrArtfstfr-TFe Company shall n al
.tulfs Keep the streets, avenues or nl&hWays
---.,- q IICr the soif railway Is constructed
rr-U ae-7 IFS tracks. the rails or ~ tracks
nd for ? distance OF Two feet oey0nd the
-ars m either si[a thereof free ara clear
fr.07 ice ami snow provided. However that
a.. - r,ranv she'll. az the option Of the
t,1r-rlIssiorer OF Street Cleaning. Nnter into
an aE~soru M for each winter season. or
r9rt thereof. 20 clean an equivalent amount
II street surface from house line u house
Inc
TUen---frs--As long as the said rail
va OF any r6rti ion thereof, remain. IN any
avenue OF tlSEWdfs til0 'J-Lik1A.S
eEau N-ye and Keep in permanent repair
-+l- portion OF the surface OF the street
avenue or IignRav IN which said railway u
cor struSred letyvsen it tracks. The rails OF
is tracks aua FOR a distance Of two 1@et
bond the rails on either side thereof
rsfsr N, s,Inarvision 4 the local autlo-t-
ties whenever required hv them 70 % -.
ma IN Elrr manner a. thew NAV prescribe
md tn, CITY shall have fire right 70 change
he material OF character ~ the pavement
%, suv street avenue or highway and N
mat event the Com pany shall be bound 20
replace such pavement IN the manner d
-.--ted 'bv the proper Cftv officer. at its own
evoanse anil the provision a. % repairs
lsTein CCutaIIs1 shall aUriy % such re
newal o. altered pavement
TWENTY aHond-A1y alteration 20 the
sewerage or drainage system or 20 any
ether sub surface ct 70 any surface sfTurI-
t,-ss in the streets required o. account O
the corstruction or operation OF the ra!i-
way shall be made a the sole cost or the
company. and il such manner as rhe proper
CITY oTlCiRiS may prescribe
twenty thirf Before an "0nSsruc1ion
shall be commenced upon any portion Of the
route written permits shall be obtained
from the Pr s!dFnt o. the Borough of Man
rattan and the ConUissionsr Of WAFER