The sun., 1912-06-12
PUBLIC NOTICES.

w ,,oua, or corporation shall have the right
tracks of the Company upon Tho Route or
any rd;,p portion ~ ~,h,teot over which such corpo.
ms ~ ,h"reof SUCH SUCH efpoHH eefpora,ion "up or
the right to use It's tracks eauipm.",, now !.
rr r,s% sSd al, sl Other properly Of TIC Company
OF the railway upon the Coinpany's tracks,
, such i sum or sums AS may be agreed upon
Company Within said ninety 1907 days, or
IN IN, IT,. event that such agreement cannot be
sue such -.!r ,am or sums as shall be determined
'y ,arS,,rsiors, ,Sn s, as hercinaf,er provided.
| individual cannot. prior to the cxpiration Of
ssy ssid ninety go, days. agree upon tho com :
such compensation Shall ss eH hxed BY srbi, np,
! 'f.,ors selected In the following manner;
chosen BY the compsnY ono sff10H Il, ana ann mp.p
VA ,,,ai person shall be chosen by such corpora =
after the expiration OF said ninety $50,
selected by one parry sha anu ao,n, nsIe psrG
associat. with himself one ~ and in, pariia,
persons SO chosen shall diner in i judgment mt
Son 20 na' IA. appoint ~ and impartial per .
nurposo, they can agree upon such per
S, sSSm, or " they cannot agree. then each Of
persons and from the names of the four pcr .r.
10 ""s no nominated that of one OF them cha II
for the purpose aforesaid With the said two
persons previously so respectively chosen or
Ipeog'.h pp IN h % ThS decision under oath Of any
i.rt.u shall be nnai and conclusive Tho
s,"d sha IHd be sorns sv Of shS psrsons
%, . r.rnoiation to which such RICH, may be
Within thirty go, days after an srr.c.
In'nt has been reached between said parties
p1 ~ case said agreement cannot h. cachcd
| ihirtN 400 days after the dator,ninat, lion OF
,nc aroltrators ss herein provided. tn. said
which viii specify the sum or suns whi,h n
,S.n Sorporntion or individual shall pay to
company shall nic the same with ,b. Ro,Id
: " me company tails to sign such an agree
,n ,ment within said thirty 80, days ana ric
| IN IN sam Win IN. Board, then the -ish,
| heT,in srIntcd shall ccasc and determine
T., Ihirdmrpcn tn" termination OF tins orig
maj contract or u the same be- renewed.
| th"n At tn" termination OF tn. said renewal
n ,n"rm or upon IN" termination Of tn. rights
dissolution OF tho company be.r. such ter.
! m,naiion tn" tracks and equipments Of the
,,,r, u"mp"nN constructed pursuant to this con.
become the property of the CIV Without
coz oYs,, "na me same may be used or dispos.d
or the same may be leased to any Company
ra't as above. the Board shall 80 order. by
issS"olution,. res, the company shall. upoh thirty
any and all Of Its tracks and other eouip.
nant constructed pursuant TO this contract
| su Ihe sara streets and avenues shall be
restortd TO their original condition at the
| sole cost and expense OF the Company.
rour'hLThs Company shat eon,mc nee
! within three ,3 months from IN. date u."r
men - N me consents Of the property owner.
,hs order OF .he Appellate Division OF the
iaapr,tthH ap .9uti made pursuant to section
termination Of the Commissioners appoin..d
| thtr.under. that such railway ought to be
constructed; and shall complete the construc.
' no a,nr to S.tt IL,
Within six 90 months from the dat OF ming
, ~, .ons.nts or the date q such orde'
otherwise this right shall cease and deter
! mine, and all sums paid. or which may be
d-posit.d with the Comptroller Of tn. ,ity.
riod for commencement and thc period FOR
completion and placing the railway in full
operation may be extended " tn, Boa -.
but the total extension OF time for either OF
! such periods shall not exceed In the agsrc- :
! gar h!N 20 months and provided. further,
/ that when the CONNIE ncvinert or completion
! OF said construction shall b, prevented by
| legal proceedings IN any court ur by works
/ of public Improvement or from Other causes
! not within control OF the Company. the tim.
! for the commencement, or conipletion OF such
! construction may be extended for the period
: OF such prevention. but no delay shall p- a e
loved Tor unless the court proceedings shall
! and provided further. that in no case shall
| such delay be- deemed to begin until the
! company shall hay" gissn written notice to
| the Board OF any such court proceedings or
! other occasion OF delay. ami ueii'cr to inc
7 i''"I'I 'tIl'H n1 any lfllN0t'lon or piNrr o.
/ n"rs. and tho psp"rs upon which the .sroe
J shall hdh" been granted ana unless upon tho
, r'St.si ~ IN" Board, me Iompany shall. III
! N-l'ing. consent mat tn Eou-l either IN IT,
/ own ncr.- - parry, or In IN" nam" u IA"
| ~ - party. may intervene in any such
Iit,h-Satd rsnway shall he constructed
} maintained and op"tat'g s.3."ct to 'he SUI
~ IN" city who hay" JuTisoio ion IN such
! matters AS provided oy the charter of the
Citv.
No construction upon said railway sha" Le
| commenced until written per1II:s ha>e been
| obtained from The prop'r C.iy ofnciaiss In
any permits so ISSUED such orlcisiS may also
| impose such conditions, a. "A condition %. the
Granting OF the same. ~ are necessary for
tn streets and avenues. over which such
on cials hay, Jurisdiction "ad the Company
shall comply with sucn conditions,
The electrical sqLisnirtt TO be in-is He'd by
the COMPANY for he opsration o! the rail-
way way within the lin limit, Of the Si',; whs,hsr
| upon private property. shall be constructed
aud maintained under the supervision and
ply Gas and Electricity.
six,h--The portion OF said railway In the
! Borough ot MaIhattan and upon :he Man
haitian Bridge and its terminals snail be op-
! rated b. underground electric power sub
! surface railways In the Borough of Mapha,-
tan. by gas engine power or by electric stor
40 battery power. provided that any other
! power may be used. except looono,iv. steatl
power horse power or overhead electric
b II
| by thu Board and consented to by the abui
! tins property owners In accordance with the
! provisions Of law and by the Public Servtc.
/ Commission for the First District Of the
Sta.r OF New York. The portion OF said rail-
! way In the Borough of Brooklyn, exc-p,
upon the Manhattan Bridge and It's ,ermi'
, nais. may he operated by overhead electric
/ poWer substantially similar TO III. overhead
! electric system now In use by street surface
railways in the Borough Of Brooklyn, hy gas
/ power. provided that any other power may
be used, except locomotive steam power or
| horsr power. which may be lawfully used
/ approved by tn" Board and consented to by
, the abutting property owners In accordance
With the provisions Of law and by the Pub
| lie Service Commission for the First Dis
| tric, Of the state of New York.
S,,cnth--No wires for the transmission oi
powcr except trolley wires, shall be per
| mi,tcd unless they be placed In conduits un
derncath along the side Of the raii~ay
| when such conduits are constructed the
Company shall provide two t.) conduts not
less than three ,3) inches In diameter each
for the exclusive use OF the City. The Com,
| pany hereby agrees that such conduits shall
be used only by the Company and the city
| as above .
] Eighth--The Company shall At all times
keep the streets and avenues upon which the
| said railway is constructed. between its
| tracks, the rails Of Its tracks and for a dis
either side thereof free and clear from Ice
and snow: provided. however that the Com
pany shall, at the option Of the CommIs
sioncr OF Street Cleaning. enter into an
agreement for each winter season. OF par,
thereof to clean an equivalent amour. o!
stree, surface from house line to house line.
Ninth--.As long as said railway. or any
portion thereof. remains In any street OF
avenue. the Company shall pave and Keep IN
permanent repair that portion OF the surface
S,l.. IN N