New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-22
pIIRIIC NOTICE..
PUBLIC NOTICE.
BOARD OF ESTIMATE AND APPORTION-
or rIrxI-

PUBLIC NOTICE.
BOARD OF ESTIMATE AND AppoRTroN-
PUBLIC NOTICE is HEREBY GIVEN
THAT at a meeting OF the Board OF Estimate
and Apportionment held this day the following
resolutions were adopted:
Traction Company has, under date OF July i,
1913 made application TO this Board for a
modification Of the terms and conditions OF
two certain contracts. dated. respectively. Feb
Company a franchise for the construction.
maintenance and operation OF street surface
railway upon and along certain streets and
avenues in the. Third Ward OF the Borough OF
Whereas, Sections 70, 70 and "a OF the
Greater New York Charter. az amended by
Chapters go and 63O OF the Laws OF 1905.
provide for the manner and procedure OF max
ing such grants; and
Whereas In pursuance OF such laws this
Board adopted resolution on July 10, 1913,
fixing the date for public hearing thereon as
September IS. 1919. at which citizens were en-
titled to appear and be heard. and on that day
was continued 10 September 70. 1913 and pub
lication was had for at least two (2) days In
THE sun" ana New York Press" news
payers designated by the Mayor. and In the
CITY Record for ten G0) days Immediately
prior to the date OF hearing ana me M, pubic
Whereas This Board has made inquiry as to
the proposed notifications and amendments of
said contracts OF February j, 1909, and April
IA 1909: now therefore, II is
Resolved That tho following form 81 resou-
ton for the consent or right applied for by The
New York and North shore Traction Company.
containing the form OF proposed contract FOR
the grant of such right be hereby introduced
and entered in the minutes OF this Board az
follows. to wit:
Advertisement hereby consents TO certain
notifications in the terms and conditions OF
the said contracts of February I, 1909. and
April a. 1905 such modified terms and con-
fnrth and AnGA NHnd
in the following form OF proposed contract
for the grant thereof. embodyins such terms
and conditions as modify or alter said con
tracts OF February l. 1909 and April IA, 1903.
which said contracts otherwise remain un
changed as TO all the other terms and con-
dtions expressed therein. and that the Mayor
OF The City Of New York be and he HEREBY
IL authorized to execute and deliver such
contract In tho name and on behalf OF The
City Of New York as follows. to wit:
PROPOSED FORM OF CONTRACT.
THIS CONTRACT, made and executed In
duplicate this day Of 1913, by
and between The city of New York therein
after called the City. party OF the first part
bv the Mayor Of said City. acting for and In
the rame II said City. under and IN pursuance
OF the authority Of the Board Of Estimate ana
the Board), and The New York and North
shore Traction Company hereinafter called
the Company. party OF the second part. wit
nesseth:
Whereas Ry contract dated feDTudTN u
1909 the Company was authorized to con
s;ruct maintain and operate a street surface
railway from the former Village OF Flushihs'
Borough OF Queens. TO the boundary line pc
tween The City Of New YORK and the CouhS
OF Nassau: and
Whereas Bv a second contract dated April
IL. 1909 the Company was authorized 10 con
siruct maintain and operate sueet suilae.
railway from the former Village Of FLUSHING
TO the former Village OF Whitestone' Borough
OF Queens: and ,, .....
the COMPANY is OBLIGATED TO pay TO the city
ms annual compensation a fixed percentage or
its gross annual receipts with specified MINI
mum annual payments ,nrh payments or 40 pe
were executed by the Mayor and
Whereas The Company has by petition
dated July !. 1913. applied TO the Board Tor
certain notifications and amendments IN ana
10 each Of said contracts dated February !, 1903.
and April H. 1909. respectively. to wit:
First-By amending Section 2-Third OF sara
2-Fourth OF said contract NJ April IL. 1902 by
extending the periods during which the Com
pany is obligated 10 pay 20 the CITY three per
cent OF It's gross annual receipts or me speci-
fed minimum annual amounts from February
l. 1914 and April Ii, 1914, respectively. 10 a
date which shall be Ave wears after the com
mencement OF operation OF its railway TO VIII
August II. 1915.
second,-By Amending said Section 2Thrd
Of the contract OF February I, 1909. and said
section 2-Fourth OF the contract or Aprll ~
1909, by changing the oates vi lh' INV ~
wear periods fixing the amount OF annual
conformation 10 be paid to the civ. ny com
putting the same from the date on when opera
lion was commenced instead OF from the dates
OF said contracts. ~
Third.-By amending said Section Third OF
the contract Of February |. 1909. and seld
Section 2-Fourth OF the contract OF April ~
1909 by reducing the amounts OF the annual
minimum payments during the second 'efhs VI
five wears as therein specified.
Now, therefore, In consideration OF inc
mutual covenants and agreements herein con
tanned, the parties hereto do hereby covenant
and agree as follows:
Section l. The city hereby consents subject
N the conditions and provisions hereinafter Get
forth. 10 certain notifications and amendments
in and 10 said contracts Of February ]. 1909;
and April IA 1909. such modihcauons ana
10 be as follows:
/ So much OF Section 2-Thrd ~ said con
tract OF February l. 1909, providing Tor an
nual minimum sums of Two thohshhn W.
IS3 Dom. -Four thousand I'VE hundred dollars
(s4' 5oO): Five thousand FIVE hundred collars
lsb 5Oo) and SIX thousand two hundred doHafs
(ss ooo) during the term Of the grant 10 hereby
stricken out, and the following substituted
therefor. ,-, ,,.,s,
"(h) Durlng the FIRST term expiring August
10 IoI5 an annual sum which shall In no
ro,e he less than Two thousand two hun
dred dollars 49, 200. and which shaII pc
equal TO three (3l rer cent. OF its gross
annual receipts II such percentage shail
exceed the sum OF Two thousand two nun 70
dred dollars $4,000. ,,o-
During the second term expiring SepteinDeT
80 1920 an annual sum which snaI IN no
case he less than Two thousand seven nun
dred dollars so TO0I. and which shall be
equal 10 Ave 80 per cent. of us gross M
nraI receipts n such percentage shall eN-