New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-09
PUBLIC NOTICE.

i"r,sd agree upon tho sum sums TO be
Maid by such individual or corporation WIZ ~
s:Aty go, days after they sna,. ,,,ns hail b.
selected then such sum or sums sna a,ni-
dxed b.. the supreme Court upon tho app"-
cation OF either party. ,,, h.r.tv
Sixth-The rights and privileges nereVS
rarted shall not be assigned either III
whole or in part. or leased or suoiet ~ ,rh,
manner nor shall the title thereto. ", Sest
,n,orest or Dropcrty therein, pass 10 o. 80
in anv other person or corporation Wna''o
ever either by tho act or the oonPssn' no
by operation OF law, Whetner unu ~, ,be CON
visions of the statutes relating 10 the Iii III
eoIfdation or merger OF corporations OF o.i .
erwise. without the consent or the ~" in,s 1
ing by the Board, evidenced oy an i,aIncd
mani under seal. anything herein contaL.SSu
"a tho contrary thereof In any wise hotNltt,
standing. and the granting, giving or r.an.s
ing of any one or more OF such ,a.,,ant
shall not render unnecessary gu!
consent or consents. -, This
Seventh-G'pon the termination otrad
original contract. or n the same ~ rassn,.aI
fhen al the termination of the siiI Ier ih' &C
term or upon the termination or the Ils.
hereby granted for any cause OF up" sScb
dissolution Of the company 5I,o,ts Of
termination the tracks ana equiP"ic" ..t.
the company constructed pursuant 20 10 nd
contract within the streets ana aVenuos -
upon the bridge shall become the p'oPu 80 no
the CIV without cost. ana tho same ma ~
,.sed or Disposed OF bv tho city Tor any put,
nose what-oever. or the same may De iedSe'
10 anv comDan- or Individual.
II however. AZ the termination OF 'ul1 -"
tract as above the Board shall so oru,I w
resolution the Company shall. upon ill.,
t3Oi davs' notice from the Board ielIvn
arv and all OF its tracks ana other cpu'p
ncnt constructed pursuant 10 TINS coiI,i ~,
and tho said streets. avenues ana pi,H-
shall be restored 20 Their orlSlital Trrnon,
al the sole cost and expense or TIC toIuPdn.,
Efghth-The COMPANY shall comment
construction OF the railway hereln au,l"'iDa '
" thin three 80 months from the dale upp,-
r.lfcb IN. consents OF the property owners
are filed with the Board or from inc ua'o
81 the order or the Appellate DIVISION ol -
supreme Court made pursuant 10 secllp"
IA of the Railroad Law. confirming lng "a
termination Of tho Commissioners appoiutsu
hereunder that such railway ought 10 W
constructed and shall complete me. con-
et~uc,ion and Mace tho same in full opera
tior within six 90 months from the date Vi
fling such consents or the date OF su'h 22Iu,-
otherwise his right snsli ease Gnu 80. he
mine. and all sums paid, o. when nc ~.
derosited with the Comptroller or the tl,F,
as hereinafter provided, shall teFrupV" -
forfeited 20 the CITY. provided tudl tho
norlod for commencement and the period TOT
completion and placing the railway ~ iu.,
operation may he extended by the boaIu, ~
the total extension Of time for either Oh SUI
periods shall not exceed In tho sgsr
six 90 months: and provided further INA,
when the commencement or conpleuon y,
said construction shall be prevented by leBa
proceedings I'm any court or Dy, WORKS OF
public Improvement. from other cause,
not within the control OF the COMPANY, ule
time for tho commencement or cotnpieuon
Of surh construction may be extended TOT tuc
period OF such prevention, but no delay shau
be allowed for unless the court proceeoln ,
shall be diligently prosecuted oy INC colu-
tany. and provided further. that In no case
shall such DELAY be deemed 10 begin untll
the Company shall have given written hotlct
10 tho Board OF any such court proceedings
or other occasion Of delay. ana denver 10 uL'
Board copies Of any in Junction or other or
dars. ana tho papers upon Wnlcn the SdIir
shall have beer granted. and unless upon tne
reuucet OF tho Board tho Company snail IN
writing consent that the Board either IN ~
own name ~ party. or In the name OF NC
frf.a
proceedings. .,
Ninth-said railway shall he constructed
and operated IN the latest approved lnahns'
OF street railway construction ana operation,
2ud N "a hereby agreed that the Board may
require the COMPANY 20 improve or sdd 20
tho railway equipment. includinE -roiiIns
stock ana railway appurtcnances. from tune
10 time as such additions and improvements
arc necessary. i'm tho opinion OF the Board
Iron failure on the part OF ne COMPANY
to comply with the direction OF the board
within a reasonable time. tho rights hereby
granted shall cease and determine
Terth-said RAILWAY shall be constructed
maintained en0 operated subject 70 the su-
peryision and control OF all the authorities
% the CITY who have jurisdiction IN sucn
n alters, provided by tho Charter OF INC
city.
10 construction upon said railway shall be
commenced until written permits nave nee"
obtained from the proper CITY oniclais;
IN anv permits SO issued such officials may
also irnpcse such conditions, as a CONDITION
OF tho granting Of the same, as are nece'-
-ar purpose or protecting any
sfructures IN IN. streets end avenues and
upon The bridge over which such officials
have Jurisdiction and the Company shaH
comply with such conditions.
Tho electrical equipment 20 he installed
b. tho Company for tho operation OF me
railway within the limits OF the CITY, wneln-
o. tho Same he upon streets and avenues or
upou the bridge and us approaches or upon
private property shall be constructed and
maintained under tho supervision and CON
troll NJ the Commissioner Of Water supply
- ~
Eleventh-Thc portion of said railway in
tho Borough ~ Manhattan shall be operaLs,u
h. UNDERGROUND electric power substantially
similar 70 the system Of underground electrio
power now used by the street surface ran
ways IN tho Borough OF Manhattan pro
viGod that any other power may ne uscd,
evcart locomotive steam power. horse power
o. overhead electric power, Nhlch may pe
lawfully used. approved by the Board anu
cor .cntod 20 by the abuttins property own
ers IN accordance with the provisions OF iaw
and bv the public Service Commission TOT
tho First District Of tho state or New lork.
The portion OF said railway IN the BorouEu
~ The Bronx and upon the Willis Avenue
Bridge and .ts approaches. may be operated
Nv overhead electric power substantially
similar 10 the overhead electric system now
H. uso b. street surface railways in me
Borough % The Bronx. provided that any
other power NAV he used except Iocotlotlt
steam power or horse power, which may no
iavfullv used approved by the Board ana
consented to by the abutting property own
ers IN accordance with the provisions o. Isw
tho First District 81 the s. ate Of New YORK
Provided. however. that the Board. upon
giving 90 tho Company ORC ~ years notice
MAJ require the Company - operate us
railway upon the whole or upon any portion
or tho routes herein authorized BY under
ground electric mower Substantially similar
20 tho system now In use on the street sur
face RAILWAYS in the Borough Of Manhattan
or h. any other practical motive power then
tn use which does not require the use o,
avenues. and upon the bridge and It's ap-
proachcs. and thereupon 70 discontinue the
use OK she overhead trolley system, and 10
remove its poles. wires and other structures
used 10y il for that purpose from the streets
avenues and bridge OF the CITY.
TNelfth--r-pon six 90 months notice by
the BOARD 10 the Company. all wires for tlS
transmission NJ power, except trolley wires
foi the operation OF the railway upon all or
any portion 81 tho routes hereby authorized,
shall be placed I'm conduit, beneath or along
side 81 the railway. The Company shall
provide in such conduits two ~ drcts not
lcss than three 90 inches I'm diameter for
tho excusiv" use OF tho city. Such conduts
shall he used Only by tho Company FOR the
operation OF IT'S railway and by the City, as
abo'o.
Thirt..n.h-'rh. rate 81 fare for any pas
scrger upon said railway shsll not exceed
five (5) cents. and the Company shall not
cents for one continuous ride from any point
on its road or on any road, line or branch
operated by II or under its control TO any
other noint thereof. or any connecting branch
thereof within the limits Of the City
The Company shall carry free upon the
railway hereby authorized during the term
OF this contract all members OF the Police
and Fire Departments Of tho city, when such
employees arc I'm full uniform
Fourteenth--No cars shall he operated
upon the railway hereby authorized. other
than passenger cars and cars necessary for
the repair or maintenance Of the railway, and
no freight cars shall BIO operated upon the
tracks OF said railway.
Fiftee nth--rhe COMPANY shall attach 20
each car run over the ~aid railway proper
tenders and wheel guards In conformity with