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

I
or property on account OF the same, and the
| Company hereby agrees TO repay TO the city
any damage which the City shall be compelled
| to pay by reason OF any acts or default Of the
/ Company.
Thirty-th third This grant is upon tn. express
! condition that any and all sums OF money or
any securities heretofore deposited with the
/ Comptroller by the Company under and pur-
susnt to franchises heretofore granted to IL by
the City for the faithful performance BY tho
| Company OF the several franchises so granted
shall likewise form fund for the performance
b. the Company OF all OF the terms and con-
dtions OF this contract and compliance with
all orders of the Board or OF the Commissioner
OF Bridges acting uncer the powers herein
reserved especially those which relate 10 the
payment Of the annual charges for the pr,i-
/ lege hereby granted, the rendering OF efficient
public service at the rates herein nxed, the re-
pairs OF the street and bridge pavement, the
repair and maintenance OF tracks AMI equip
ment upon the bridge and its approaches. and
| the removal of snow and Ice and the quality
! OF construction OF the railway and the main
tenance OF the property in good condition
throughout the whole term OF this contract,
and In case OF default in the performance by
the Company Of such terms and conditions or
compliance with such orders, or either or any
OF them, the city shall have the right ~ cause
the work TO be done and the materials TO De
furnished for the performance thereof after
due notice and shall collect the reasonable cost
thereof from the said fund without legal pro-
ceedinss; or after default in the payment OF
the annual charges shall collect the same
with interest. from the said fund after ten uol
days notice to the Company or In case OF
tions OF this contract and orders OF the BOARD
hereunder. relating 10 the headway, heauns
and lighting OF cars tenders, wheel suaius
and watering OF street payements the Com
psny shall pay penalty of fifty dollars 900
per day for each day OF violation. and the
each car that shall not be properly heated.
lighted or supplied with tenders or wheel
/ guards. in case OF violation OF The pro-
visions relating TO those matters
The procedure for the imposition and colec-
ton Of the penalties In this contract shall DO
follows:
The Board. on complaint made shall give
notice 10 the Company. directing It's President.
! or other officer, 70 appear before the Board on
certain day not less than ten 10) days after
. the date Of such notice. 10 show cause why
. the Company should not be penaljzed in ac-
cordance with the foregoing provisions IL
the Company fails to make an appearance. o.
after a hearing. appears in the judgment OF
the Board 10 be in fault. said Board snail
1 forthwith impose tbs prescribed penalty, or
where the amount Of the penalty "a not pre-
scribed herein. such amount as appears TO tho
Board 70 be just, and without legal procedure
direct the Comptroller n withdraw the amount
OF such penalty from the security fund de-
posted with him. In case OF any drafts rnads
upon the security fund the Company shall.
upon ten 1W days notice in writing. pay 20
curity FUND 70 the original amount. and In d.
fault thereof this contract shall be cancelled
and snnulled az the option Of the Board act
/ ing in behalf Of the City. No action pro-
ceeding or right under tho provisions OF this
contract shall affect anv other legal rights
y
city.
y-fourth--Th. words notice" o. "dlrcc-
ton -hersver used in this contract, shall ~
doomed 20 Ssan a written notice or direction.
Every such notice O. direction 20 he served
upOn tho Company s1all be delivered al sucn
/ office IN tho city shall have been DESIGNATED
+ BY the Company. or - 10 such Office shall have
I oeen designated. or n such designation shall
/ have for any reason become imperative, shall
he mailed IN the City. postage prepaid. adj
dressed TO the Company al the CITY. Delivery
mr. MAI i've ~ CHh in nr lon
whom above provided shall be equivalent - d.
rect personal notice or direction and shall bs-
deemed 10 have been given AT the time OK
Thirtv-nft---The WORKS streets or avenues"
and streets and avenues wherever used n
F this contract. shall be deemed 10 mean streets.
/ avenues, highways, parkways. driveVsys con-
courses. houleyards. bridges. viaducts. tunnels.
public places or any other property 20 which
tho City has title or over which the public has
an easement. eucountered IN tho route herein
+ above described, and upon or in which author
/ ity Is hereby given TO the Company TO con-
rhir'y-sixth-Tf AZ any tinc the powers n,
/ the BOARD or any other OF the authorities here
I In mentioned or intended to be mentioned,
shall be transferred by lew to am other board.
authority officer officers then and in such
/ case such other board authority. officer or Of
hcers shall have all the powers. rights ard du-
ties herein reserved 20 or prescribed for tho
Board or other authorities. Office or officers
Section ,. The grant of this privilege 20 tho
/ Company Is likewise subject TO the following
! conditions:
+ This contract shall not become operative until
tho Company shall procure and cause 70 10
ord and duly delivered 20 III. Board o, E'sti-
mate and Apportionment:
J Tristan agreement with the Third Avenus
/ Railway Company, wherein said Comrary shall
! agree 10 permit the use OF its tracks on 10Th
street. between First avenue and Manhattan
street By the Company, its successors or assigns.
/ the City or any other company 10 which the
City NAV, after the termination % this
| tract, grant or lease rights. and the oompensa-
m FOr bal ~ he rrpA
/ provided by section Fifth OF this contract.
/ Upon tho failure ~ the sail Third Avcnus
| Railway Company for any reason Mt any timsi
hereafter 70 permit the use Of IFS tracks on
/ 18th street, between First avenue and Manga -
tan street, by the Company. its successors or
assigns, the City or any other company %,
/ which the City inay. after the termination p,
/ this contract grant or lease rights, the rights
hereby granted shall cease and determine
/ Street, Manhattanville and 81. Nichoa. Ave.
| nue. Railway Company. Wherein said Company
Manhattan street. from 18th stree, N f1thl
avenue. on 12th avenue. from Manhatts n
street 70 West i2ath street. ana On Wesn,
/ 10Th street, from 18th avenue 70 Man
! haitian street: by ths COMPANY ies su>-i
cessors or assigns, the City or any other CON-
/ pany 20 which the City may, after the terrii-'
and the compensation for such use shall NJ ;,
exceed the terms provided by section 2-Firh 81
/ this contract. Upon the failure OF the ssiri
; Forty-second street, Manhattsnville ana 81.
Nicholas Avenue Railway Company. for anvil
/ reason az anv time hereafter. 70 permit th,i
use OF its tracks on Manhattan street. between
West 125th street and 18th avenue, 18th avenusl
between Manhattan street and West ieafh.
1 street and West 1e9th street between 18th ave
nue. and Manhattan street. by The Company. ~,
successors or assigns he city or any othsrl
company 10 which the City may, after the ter
mnatior OF this contract. grant or Lease rights. |
/ the rights hereby granted shall cease and de-
termine
section Nothing in this contract shall h,l
construed In way limiting tho present. ,,
l frsrfC ~ Sc -
Commission under tie laws Of tho STATE -
New York.
Section 8 Tni. grant IL also UPON the rur-i
Their and express condition that the provision
OF article - and the other provisions ~ rs
Railroad Law pertinent hereto shall be strict -
complied with bv the Company.
Section 6. The Company promises. cows
1anfs and agrees on It's part and behalf -
conform 10 ard abide by and perform ell,
, the terms and conditions and requirements
In this contract fixed aud contained
I'm witness whereof. the party OF the rrs.
part. b. its MAYOR. thereunto duly authorized
By mo Board OF Estimate and hpportionmen. !
Of sad City. has caused the corporate narlsi
corporate seal ~ said city % be hersuutr
affixed. and he party 81 tho second nar',
by It's officers. tlereunto duly authorized,
h1s caused Sc corporate name % he h"re-
toreunto AFFIXED. the dsy and year As.
THE CITY OF NEW YORK.
corporate
Affect:
CITY Clerk
UNION RAILWAY COMPANY or
NEW YORK CITY.
Seal President.
Attest:
Here add rckn,riedgmcnt.b