Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-12

Market streets, the curve at Broad
and Market streets will be discon-
tinued, except in cases of emergency.
Condition is also made that should
the new avenue, the continuation OF
Central avenue to the Market street
station be built, the company shall
abandon the Market street curve and
use this thoroughfare.
In connection with the subway
grant the company binds itself not
to construct any underground plat
forms under any of the city streets
or the park without the express con-
sent of the city.
The Agreement in Full.
The agreement which covers other
features is as follows:
he It ordained by the Board of Street
and Water Commissioners, as follows:
| Section /. That the Mayor and city
| clerk, together with the president of the
Board of Street and Water Commission
ers and the clerk of this board, shall exc
cute on behalf of the Mayor and Com
mon Council of the city of Newark and
,, sioners of said city and attach the seal
of the city and the seal of this board to
an agreement in the following words and
figures;
This agreement, between the Mayor
and Common Council of the city of New
| ark, by Its Board of Street and Water
Commissioners. hereinafter called the
city, party of the first part, and Public
Service Railway Company, hereinafter
called the railway company party OF
the second part. and Public Service New
ark Terminal Railway Company, herein
after called the terminal company party
of the third part witnesseth:
| Whereas, the railway company has
filed applications with the Board of Street
and Water Commissioners, asking for the
consent Of the city to the exercise of adj
ditional franchises by. the railway COM
pany and said terminal company. has filed
| applications with said board for certain
| ordinances, specifying the terms and con-
d'tinns under which a subway. not ex-
ceeding one-half mile in length, may be
constructed under halsey street. Cedar
street, Broad street Military Park Park
| place and Boudinot street, and granting
the consent of the city for elevated tracks
crossing Pine street: and,
Whereas, The Board of Street and
| Water Commissioners has passed certain
ordinances pursuant to said applications;
and.
Whereas, 1t is mutually agreed by the
| parties hereto that certain stipulations
and conditions relating to said ordinance
| not inconsistent with the specific terms
thereof shall be embodied in this agree
ment and shall be applicable to the con-
struction. use, operation and maintenance
of the street railway lines under the fol-
lowing franchises, grants and consents, to
wit:
No. 1, SubwaY-From west side of Hal
sey street, under Halsey street, Cedar
street, Broad street, Military Park. Park
place, Boudinot street and Pine street and
unnamed alley.
No. 2, Elevated-Crossing of Pine street
No 5, Park Place and Centre Street Ex-
tension-From Central avenue, across
Broad street, east on Park place and
Centre street to Front and Mulberry
streets.
No (a), Lafayette Street-One track
nj OF roo IN
No. u, High Street and Warren Street
Extension-From end of tracks on High
street, south of Market street, north to
Warren street: thence east into Warren
street. along same east to Washington
street, with connections south into Wash
ington street.
No. 10, Fourth Avenue Extension-From
Belleville avenue, north of Fourth ave-
nue., east into and along Fourth avenue
to Ogden street, with connections at 0g-
den street.
No. 17-Hawthorne avenue to wolcott
terrace.
No. 1S-Bergen street and Lyons avenue
No. 20-Jackson street extension.
No, 21-Twelfth avenue and South
Twelfth street extension.
Now. therefore, In consideration of the
mutually hereof. 1t is agreed between the
parties hereto as follows:
First-That the consent and permission
given to construct, use, operate and main
tai1 the lines of street railway herein
above set forth and described are given
ppon the following condit'o Q) That
the gross earnings of Public Service
Railway Company, its successors and as
sisns rseetxed by said y,f from IN
pursuance of the ordinances herein spe-
officially mentioned shall be subject to
the provisions for the payment of per
tanned In the fifth paragraph or sub
division of Section 4 of a certain ordi-
nance passed by the Board of Street and
Water Commissioners of the City of New
ark, entitled: IAN ordinance granting
the consent of the Board of Street and
Water Commissioners of the City of New
ark to the Newark and South Orange
the propelling power of its cars" passed
December 10 1892. and approved by the
Mayor of the City of Newark December
2S. 1892. (2) That the method of propel-
ling cars of said company on the tracks
to be laid in pursuance of said ordi-
nances shall be subject to the seventh
paragraph or subdivision of Section 4 of
said ordinance passed December 10, 1897,
and approved December 2S, 1892.
Second-That the company SHALL upon
request and without further charge. give
to any person who has paid a cash fare
such person to continuous ride In either
direction on any street railway line in
tersecting or connecting with the lines
upon which such transfer was given. For
the purpose of transfers the loops on the
subway floor of the terminal and those
on the second floor of said terminal shah
be deemed intersecting tracks. and the
tracks in said subway shall be deemed to
intersect with surface tracks on Broao
street and Park place. The loops on the
second floor of said terminal shall also
be deemed to intersect with surface
tracks on Broad street and Park place.
Transfers shall also be given, If request
ed on Washington street and Mulberry
street from cars entering to cars ieav-
t.,.rI Al. to- NJ -hnn
entitled to a transfer to car the route
of which runs substantially parallel tG
the route of the car on which the trans
fer was issued. In order that transfer
privileges now enjoyed by the people of
the City of Newark shall not be restrict
ed by the operation of cars In said ter.
minal additional transfers shall be issued
when necessary to preserve such privi-
leges.
Third--That all operation of cars and
the collection of any moneys for fares III
connection Herewith conducted by the
terminal company shall be done as agent
for the railway company, and that all
ordinances applicable to the railway COM
pany shall apply to such acts of the ter
minal company.
Fourth-That upon receipt of permission
to install connecting curves at Market
and Mulberry streets, and after the in
stallation of the same, the railway com
pany shall permanently discontinue the
use of the connecting curves at Market
and Broad streets, excepting only for
unavoidable temporary necessity.
Fifth-That the grant for two connect
ing curves at Market street and Mulberry
street is made upon the condition that
If a new avenue, the opening of which
is now contemplated, to be known as
Central avenue. running approximately
from Park place and Saybrook place to
the Pennsylvania depot at Market street,
shall be opened and grant to lay tracks
in said avenue shall have been given or
rendered to the railway company, or its
SUCCESSORS upon the same franchise con-
ditions as maintain ON Park place and
the then existing tracks in Market street
at Pennsylvania Railroad station, the
curve then connecting the southbound
track on Mulberry street with the east
bound track on Market street shall be
removed within nine months after such