Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-17
CITY ACKNOWLEDGEMENTS.


tenn in said city Of Newark with its said
terminal is authorized and empowered by
law to construct a subway, not exceeding
one-half mile in length, under any street
avenue, park or other public place upon such
terms and conditions as may be prescribed
by the Board Of Street and Water Commas
sioners of said city and approved by the
Board of Public Utilities Commissioners; and,
Whereas said Public Service Newark Ter
minal Railway Company has acquired the
real estate and property necessary for the
erect its said terminal, aud pursuant to Its
said powers for the purpose Of connecting the
existing street railway system Win sara IeI,
minal has laid out the route of Its proposed
subway from the westerly side OF Halsey
street to the easterly side Of Park place
under the surface of Halsey street, Cedar
place as shown map numbered 1O9O4-k.
filed with the clerk of the Board of street and
Water Commissioners of the city of Newark
on the seventeenth day of April. 1913, and
also beneath the surface Of Boudinot street,
pine street and certain alley running east
wardly from Pine street, north of Boadlnot
street. as shown on map numbered 100000,
filed On the day and as aforesaid and BY
petition dated the ninth day Of April. 1913,
the seventeenth day OF April aforesaid. has
requested said board to fix the terms ana
conditions upon which said Public Service
Newark Terminal Railway Company might
construct and maintain its said subway; now,
Be it Ordained. by the Board Of Street and
Water Commissioners Of the city oil newark
section i. That the terms and conditions
upon which said Public Service Newark Ter,
minal Railway Company may construct and
maintain a subway as aforesaid are hereby
prescribed and hxed as follows, to wit:
a. Said subway is to be constructed Of SUB
stautially the dimensions shown on the maps
attached to said Public Service Newark Ter
mnal Railway Companys petition.
f2) The construction and maintenance OF
said subway to be such as to support the
ufaHfn nj n
I'D Public Service Newark Terminal Railway
Company TO take care of gas and water pipes.
sewers and eectre s %ses d ta tRe sasac
ton of the general superintendent of works
of the Board of Street and Water Conmls-
soners Of the city Of Newark.
IA The streets, avenues aud other public
places Including sidewalks, disturbed In the
construction Of said subway shall be restored
intendent of works of the Board of Street
and Water Commissioners, with the same ma
terinl as that with which the streets, ave-
nues aud other public places are now con-
% All damages caused by accident or
otherwise to persons or property by reason
subway shall be borne and paid by said
Public Service Newark Terminal railway
section 2. This ordinance is passed and
accented upon the express condition that II
hereafter In the construction of subway
or subway system by the city OF Newark Tor
railway transportation II snail De iounu TO
be impracticabe from an engineering stand
point to utilize Broad street for subway
or part OF such subway or subway system
without relocating or reconstructing, in whole
or In part the subway to be constructed
by said Terminal Railway Company, the
same with its appurtenances may be re
located or reconstructed IN Whole or In part,
as may be required, at the direction and
expense of the said city so as to furnish a
practical operating connection OF the street
railway system of the Public Service Railway
- with
the subway loops in said terminal.
Section 8. When the operation of the sub.
way for the safe and proper transportation OF
passengers becomes inadequate, the Hoard
of street and Water Commissioners, or their
SUCCESSORS having the control of the streets
OF said city, shall have power to order the
company to make any reasonable alteration
enlargement or extension Of the subway, the
expense of which is then justified by the IN
creased transportation facilities; Provided
that any such extension shall be beneath the
surface of city streets and that the entire
subway. when so extended shall not exceed
one-half mile in length ms provided by Chap
ter go of Pamphlet Laws of New Jersey for
the year 1918.
work of the subway approach to the terminal
building shall he submitted TO and receive
the approval of the chief engineer OF the
Board Of Street and Water Commissioners.
Section. 8 That the gross earnings of Pub
lie Service Newark Terminal Railway Com
pany, its successors or assigns, received by
said company its successors or assigns. from
passenger traffic the tracks laid in pur-
suance of this ordinance shall be subject to
the provision for the payment of five per cent
thereof. to the city of Newark, contained In
the fifth paragraph or subdivision of Section
Four of a certain ordinance of the Board OF
Street and Water Commissioners Of the city
of Newark. entitled: IAN ordinance granting
consent Of the Board Of Street and Water
Commissioners to the Newark and South
Orange Railway Company to use electricity
as the Dropelllng power of its cars" passed
December 10 1902, and approved by the
Mayer Of the said city of Newark on De-
cember %, 1892.
section G. The method of propellng the
cars Of said company on the tracks to be
laid In pursuance of this ordinance shall he
subject TO the seventh paragraph sub
division of Section -Four of said ordinance
passed December 10, 1892, and approved De
section I Public Service Newark Terminal
Railway Company, its successors assigns,
shall upon request and without further charge.
give TO any person who has paid a cash fare
en- any car a transfer which shall entltle
said person 10 q continuous ride in either
direction any street railway line intersect
ing or connecting with the cline upon which
said transfer was given. For the purpose OF
transfers the loops on the subway of the
terminal and those on the second floor OF
said terminal shall be deemed ntersectng
tracks No passenger shall be entitled to a
transfer 10 a car the route of which runs
parallel to the route Of the
car on which the transfer was issued.
Section 5. No underground platforms or
stations shall be constructed along the sub
way under Hasey street, Cedar street, Broad
street, Military Park, Park place, or under
press consent of the Board of Street and
Water Commissioners of the city of Newark
Section .. The terms and conditions of this
ordinance shah continue for a period OF
SPfenty-hve 80 years from the date of the
passage hereof Upon the expiration of such
term of seyenty-fye (TO years. Public Service
Newark Terminal Railway Company, or its
successors or assigns, and the city Of New
ark, or its successors, shall enter into
further agreement specifying the terms and
conditions upon which the operation of said
subway shall continue for such term may
then be agreed upon, and In case the city
and company are not able to agree upon such
terms and conditions or a term for which the
same shall continue, the same shall be I'M
posed and Fixed by three arbitrators, one to
be chosen by the city, one by the company
and the third by the two so chosen, and the
decision of such arbitrator shall be final and
binding upon both the city and the com
pany
Section 10. The cost of advertising in con-
nectiOn with this ordinance shall he paid by
the Public Service Newark Terminal Rail
way Company.
Section IL This ordinance shall take effect
but shall not become operative
unless accepted by said Public Service Newark
Terminal Railway Company, by the liliIg with
the clerk Of the Board of Street and Water
Commissioners of the city of Newark of n
formal acceptance thereof, in writing. exc
cuted by the duly authorized officers Of said
pnblic Service Newark Termlnal Railway
Company, within twenty (20J days after no
tice of the approval of this ordinance, other
wise this ordinance and the terms and con
ditions contained herein shall be void and
of no effect
President Of the Board of Street and Water
Commissioners
A. J.. SWAIN,
sep19-5t Acting Clerk of the Board
-