New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-15
PUBLIC NOTICE.
two aroitrators fail to agree on the se heoI
tion ~ a third arbitrator within thirty t30l
days after the expiration OF said ninety 'sol

days after the expiration OF said ninety '9o'
DAYS or ~ no two OF said arbitrators so Sc
Iected agree upon the sum sums TO be
paid ty such individual or corpo,atoh 49, 80 ~,
s.Aty 600 Gays after they shall nave oevh 80
selected, then such sum or sums shdlI y"
fixed by the supreme Court upon the app'-
cation OF either party. ,.
sixth-The rights aad priviIeses heieV
granted shall not be assigned, either III
whole or in part. leased or suplet III az
manner. nor shall the title thereto OF 'sIl. :.
interest or property therein pass 10 OF fcSt
IN env other person or corporation whatso-
ever either by the act % the COMPANY, OF
b. operation OF law. whether undeF the pr
visions ~ the statutes relating 70 the co i
soldatiOn or merger OF corporations OF on.
erwise without the consent OF the Clty act
ing By the Board. evidenced by an ihsti "a
rnent under seal. anything herein eoh.al.s e
20 the contrary thereof in any wise notwltn-
standing. and the granting, giving OF way
Ing OF any one more OF sucn consents
shall not render unnecessary any subsequent
s.venth-Tpon the termination OF this
original contract or II the same be renewed
then at the termination Of the SAID renewal
term or ,,pon the termination of the rights
hereby granted for any cause, OF upon ~
dissolution OF the Company beiOre suCs
termination. the tracks and equlpIhen'S "a
the Company constructed pursuant 10 thls
contract within the streets and avenues anu
upon the bridge shall become the propetty Oh
the City without cost. ana the same may DC
used or disposed OF by tho city for any pur
pose whatsoever, or the same may be leaseu
70 any COMPANY or individual.
IT, however. at the termination OF thls con
tract as above, the Board shall so oroer D!
resolution the Company shall, upon thirty
800 days notice from the Board remove
any and all Of It's tracks ana other coup
rncnt constructed pursuant 10 TINS contiact'
and the said streets. avenues ana oriGse
shall be restored 20 their original CONDITION
AT tho sole cost and expense of the company.
Eighth--The Company shall commence
construction Of the railway herein authorized
within three CO. months from the date upon
which the consents Of the property o"ueIs
Of the order OF tho Appellate Division OF the
Supreme Court made pursuant 10 sectoh
ia OF the Railroad Law, confirming the oe
termination OF the Commissioners appointed
Hereunder that such railway ought 10 d."
constructed. and shall complete the con-
struction and place the same In iulI on, oPei /,
tior within six 80 months from tIle IA 49,, ~
fling such consents or the date or such o'u'I'
otherwise .his right shall cease ana ueNel
mine. and all sums paid. or when MAJ w
deposited with the Comptroller or tho 'itS'
az teraInafter provided shall thercupon be
forfeited 20 the City; provided tnat mo
period for commencement AND the period 10,
completion and placing me raI"8g III H.,
operation may be extended by the board DIt
the total extension Of time for either or such
periods shall not exceed IN the asstesate
six 90 months; and provided, turther, INA,
when the commencement or completion OF
said construction shall be prevented by legd
proceedings I'm any court or by "orhe OF
not within the control OF the Company me
time for tho commencement or compleu0n
OF such construction may be eStended TOT tue
period OF such prevention but no delay snaIl
he allowed for unless the court proceedings
shall be diligently prosecuted By the COM
rary, and provided further. that In no case
shall such delay be deemed TO neglh UNI
the Company shall have given written notiCe
10 the Board Of any such court proceedlng9
or other occasion ~ delay. and deliver 20 tls
Board copies Of any injunction or 0tHer %,
dars and tho papers upon which the same
shall have been granted. and unless upon inc
request 81 the Board the company shaIl' 10
writing. consent that the Board either N ~
own name as party or I'm the name OF tne
CITY as party. may intervene In any such
proceedings.
and operated in the latest approved manner
OF street railway construction and operation
and il is hereby agreed that the Board MAY
require the COMPANY to improve OF aa AGO., ~
the railway equipment including rolilns
stock ana railway appurtenances. from time
to time. as such additions and improvem enIs
are necessary. In the opinion OF the Boaru:
Upon failure ON the part % the company
70 comply with the direction o. the Board
within a reasonable time. the rights hereby
granted shall cease and determine.
Tcnth-Sald railway shall be constructed
maintained and operated subject 20 the So
pervislon and control Of all the authorizes
OF the City who have jur.sdictloil IN suS.I
matters as provided by the Charter or the
10 construction upon said railway shall be
commenced until written permits have peen
obtained from tho proper CITY officials
In anv permits 50 issued such officials may
also impose such conditions. a. condlVon
o, the granting OF the same. as are neces-
ssrv Tor the purpose OF protecting any
structures. IN the streets and avenues ma
uron the bridge over which such onlcldis
have jurisdiction and the Company shai'
comply with such conditions.
Tho electrical equipment 70 be installed
by the Company for tho operation OF tns
railway within the limits Of the city, Wheth-
ar ,hr sauna be upon streets and avenues or
upon the bridge and its approaches or upon
private property. shsll be cohstructe9 anu
maintained under The supervision arg S,,1 vT,v
,rol o, the Commissioner OF water supply
Gas and Electricity.
Elev.uth-Thc portion Of said railway IN
The Borough % Manhattan shall be operated
b. underground electric power ostantlal.y
similar 10 ,he system Of undergoing electric
power now used by the street surface rail-
WAYS In the Borough OF Manhattani pro
vio.d that any other power may be used
exce-t locomotive steam power, morse power
o. overhead electric power, Whlcn may DC
Law fully used. approved by tho Board ara
cor scented 20 by the sbuttins properly oTn-
err in accordance with the PROVISIONS OF lsW
and b. the Public Service Commission Tor
the First District OF the State OF New York.
The portion OF said railway in the Borough
=, 7,be Rronx and upon the willis Avenue
Bridge and !ts approaches may DC operat,,u
b. overhead electric power substantially
similar 10 the overhead electric system now
ir use by street surface railways IN the
Borough ~ The Bronx; provided that any
other power NAV be used, except locomotive
steam power or horse power, which may pe
consented to by the abuttinS property own
ers IN accordance with the provisions or law
and by the Public Service commission for
the First District OF the State OF New YORK
Provided however. that the Board. upon
giving 20 The Company ono % years notice,
mav require the Company TO operate its
railway upon the whole or upon any portion
Of tho routes herein authorized by under-
ground electric power Substantially sllnlisr
70 tho system nov In use or inc street SUI
face railways in the Borough Of Manhattan,
or by any other practical motive power then
in use which does not require the use ot
pole. and overhead wires In the street9 ana
a-eaues and upon the bridge and itS APP
proachcs and thercupon TO discontinue the
use % tho overhead trolley system. ana 10
remove IFS poles. wires and other structures
avenues and bridge Of the CITY
Twelfth-Upon six (e) months notice ny
the Board 10 tho Company all wires Tor ~
transmission OF power. except trolley wires,
for the operation OF tho railway, upon AL or
any portion Of the routes hereby authorized
shall he placed In conduits beneath or along,
side Of the railway. The Company shal1
provide IN such conduits two 90 ducts not
less than three 80 Inches IN diameter TOT
the exclusive use ~ the city. such conduitf
shall be used only by the Company Tor the
operation OF i's railway and by the Cry as
above.
Thirte.n.h-'rhe ratio % faro FOR any pas
senger upon said railwsy shall not exceed
I've 90 cents. and tho Company shall nor
charge any passenger moro than five 90
cents for one continuous ride. from any point
on its road or on any road. line or brancn
operated by It or under It's control 70 any
other point thereof or any connecting branch
thereof within tho limits Of the city.
The Company shall carry free upon in"
railway hereby authorized during tho term
OF this contract all members ~ the Police
and Fire Departments Of the city. when ouch
employees are IN full uniform.
Tourteenth--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
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