Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-02

mayor.
PUBLIC NOTICE is hereby given that the
following ordinance has been passed By the
aSS OF street ana water Commissioners
to law
upon which Public Service Newark Terminal
Railway Company may construct and main.
tain subway, not exceeding one-half mile in
length under the surface Of Halsey street
Cedar street, Broad street Military Park and
Park place, from the westerly side Of Halsey
street 10 the easterly side Of Park place, and
beneath the surface of Boudnot street, Pine
street and a certain alley running eastwardly
from Pine street, north Of Boudinot street in
the city Of Newark, County Of Essex and
Whereas, Public Service Newark Terminal
Hallway Company 10 traction company duly
organized under the laws Of the State Of
New Jersey and is by law authorized and
empowered to constructs maintain and operate
a terminal station in the city Of Newark in
said state and for the purpose Of connecting
the tracks of the existing street railway syB-
TEN in said city of Newark with its said
terminal Is authorized and empowered by
law 70 construct 1n,a q subway, not exceeding
avenue. park or other public place upon such
terms and conditions as may be prescribed
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
construction Of and is about TO construct and
erect its said terminal. and pursuant TO its
said powers for the purpose of connecting the
existing street railway system with said ter
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
I street, Broad street, Military Park and Park
| place as shown on map numbered 10904-K X.
| fled 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 BoudinOt
| street, as shown on map numbered 10000 c.
| filed On the day and aforesaid and by
| petition dated the ninth day of April. 1918
| and filed with the clerk Of said board on
| the seventeenth day of April aforesaid, has
requested said board to fix the terms and
conditions upon which said Public Service
Newark Terminal Railway Company might
| construct and maintain its said subway; now,
| therefore
Be II Ordained. by the Board Of Street and
Water Commissioners Of the city Of Newark
as follows;
Section /. That the terms and conditions
upon which said Public Service Newark Ter
minal Railway Company may construct and
maintain subway as aforesaid are hereby
prescribed and fixed follows. TO wit:
| o. Said subway Is to be constructed of sub
stantially the dimensions shown on the maps
attached to said Public Service Newark Ter
mtnal Railway Company's petition.
(2l The construction and maintenance OF
| said subway to be such as TO support the
surface of the streets.
49, Public Service Newark Terminal Railway
| Company to take care Of gas and water pipes
sewers and electric wires disturbed in the
construction of said subway to the satisfac
! tion of the general superintendent of works
of the Board of Street and Watem Commits
sioners o. the city of Newark.
| "a The streets, avenues and other public
places, including sidewalks. disturbed In the
construction of said subway shall be restored
1 to condition satisfactory TO the general super
intendent of works of the Board Of Street
| md Naf faciO rrrith +ba
| teral as that with which the streets, ave
nues and other public places are now con
| structed.
| 90 All damages caused by accident OF
otherwise to persons property by reason
OF the construction and maintenance of said
subway shall be borne and paid by said
| Public Service Newark Terminal Railway
Company.
Section 3 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 fol
railway transportation il shall be found &c
| be impractcable from an engineering stand
point to utilize Broad street for a subway
| or a part of such subway or subway system
without relocating or reeonstrueting, 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
/
the subway loops in said terminal.
Section 8. When the operation Of the sub
way for the safe and proper transportation o.
| passengers becomes inadequate, the Boare
| of Street and Water Commissioners. or theii
| successors having the control of the street:
| Of said city, shall have power to order tbs
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 as provided by Chap
| ter 50 of Pamphlet Laws of New Jersey fol
| the year 1913.
Section T. The plans for the construction
building shall be submitted to and receive
| the approval of the chief engineer of tbs
Board of Street and Water Commissioners
Section ;. 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 on the tracks laid in pur
suance of this ordinance shall be subject Z
| the provision for the payment of five per cent
/ thereof. TO the city of Newark, contained il
/ the fifth paragraph or subdivision of Section
Four of a certain ordinance Of the Board O
| Street and Water Commissioners of the city
of Newark, entitled; IAN ordinance granting
| Commissioners TO the Newark and South
Orange Railway Company to Use electricity
| as the propelling power OF its cars, passet
December 10, 1892, aud approved by the
Mayor of the said city Of Newark on De
cember o. 1892.
Section 6. The method of propelling tbs
| cars of said company on the tracks to ht
| laid in pursuance OF this ordinance shall N
subject TO the seventh paragraph or sub
division of Section -Four of said ordinance
passed December Is, 1892, and approved De
cember %. 1892.
Section T. Public Service Newark Termina
Railway Company, Its successors or assigns
shall upon request and without further charge
give to any person who has paid cash fare
on any car, transfer which shall entitle
| said person TO a continuous ride in eithel
direction on any street railway line interseet
| ing or connecting with the line upon which
said transfer was given. For the purpose o.
transfers the loops on the subway Of tn.
said terminal shall be deemed tntersectinl
tracks. No passenger shall be entitled to :
substantially parallel TO the route. of the
ear on which the transfer was issued.
Section g., No underground platforms o.
way under Halsey street, Cedar street, Broat
| street, Military Park, Park place. or under
meath the sidewalks thereof without the ex
press consent of the Board of Street and
| Water Commissioners of the city Of Newark
Section o. The terms and conditions OF thi,
ordinance shall continue for period OF
seventy-6ve 90 years from the date OF th'
passage hereof. Upon the expiration of sucl
| term of seventy-five GO years, Public Service
Newark Terminal Railway Company, or it,
ark, or its successors, shall enter into O
| further agreement specifying the terms ant
conditions upon which the operation or sac
| subway shall continue for such term as maj
| then be agreed upon, and in case the cit,
and company are not able to agree upon sucf
| terms and conditions a term for which tbs
| same shall continue, the same shall be Inn
posed and fixed by three arbitrators, one e
| be chosen by the city. one by the company
| and the third by the two chosen, and tbs
| decision of such arbitrators shall be final anc
binding upon both the city and the com
pany.
Section TO-. The cost of advertising in con
| nection with this ordinance shall be paid by
| the Public Service Newark Terminal Rail
| way Company.
Section IL. This ordinance shall take enect
| Immediately, but shall not become operative
unless accepted by said Public Service Newark
| Terminal Railway Company, by the fling witt
| the clerk of the Board Of Street and Water
| Commissioners of the city of Newark of 9
| formal acceptance thereof. In writing, exc
euted by the duly authorized officers of sale
Public Service Newark Terminal Railway
Company, within twenty COO days after no