New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-15
PUBLIC NOTICE

ss., ~ oy 'nIs contract, and IL Is
sumo no liability whatsoever 10 si,bsrs nail as
or property on account OF the same persons
company hereby agrees 10 repay 10 ~ te
my usHdse which the City shall be corn,. ~
Company. 1s'a''' OF the
Thirty-third-This grant is upon tia
eonditlon that any and all sums o, nor ns'ess
any securities heretofore deposif.S ,rt,ses %
Comptroller by the COMPANY unSs. VIE tie
suaht 10 franchises heretofore granted - pS'-
the City for the faithful performsne. u "
company OF the several franchises 50 xr,ua
ey the company OF all OF the terms srS 1'a as
dltions or this contract and cornpiia1e.~. coa-
all orders OF the Board or OF the Comr,,ss,N VIVA
OF Bridges acting under the uowe-s S.ouer
rese.,sa' especially those which relat. 10 -.
payment or the annual charges for -. W Ns
lege hereby granted. the rendering ~ s,tp sNi-
public service at the rates herein I,sd ,ss--N
pairs OF the street ana bridge pavement. ~.
repair and maintenance OF RACKS a., ms
meht upon the bridge and its approachas f.,S,
The removal OF snow and Ice snb ~ -,. sad
or construction " the railway ana N. N-.sS
,enance OF the property in good cons,@,o.
and In case OF default in the perfor,na,s,.A -
the Company OF such terms ana conSi,i,ns q
compliance with such orders. or either ~ 80, %
OF them. the city shall have the riyh, a., so
.ne NorS 70 De done and the materials 10 -
furnished for the performance the-eo, 80, -
due notice, and shall collect the reasonabia''se9
thereof from the said fund without iSy.' ooS
ceedlngs; OF after default in the payn,s,, =,
me annual charges, shall collect ths ~. y.
with interest, from the said fund a,,sr SOS
days notice 10 the Company: or In sss Wv
failure TO observe the said terms ana -. "
lions or this contract and orders a, Inc pos.l
hereunder relating TO the headHay. heati,s
and watering OF street pavements M. Ss.S
pdny shall pay a penalty of fiftv dolla-. ga
per DAY Tor each day OF violation. ana ~.
turther sum OF ten dollars $50, per day tor
lighted or supplied with tenders or w.,
guards. In case Of violation o, IN. ~
visions relating 10 those matters. Nv
The procedure for the imposition ana eoll.,.
as follows: ~
The Board, on complaint made shall 80.
notice TO the Company directing lis PrS.,ssn'
or other officer. 20 appear before the Roars i,
certain day not less than ten lO days AZ
me date OF such notice. 10 show cause w7v
the Company should not be penali,ed in A..
cordance with the foregoing proyisiot,s Il,
the Company fails 10 make an appearance. OF
after a hearing appears in the iudrtnen, \,
the Board 70 be IN fault said Board shan
forthwith impose the prescribed nsnsitv =.
where the amount of the penalty h no, ~ -.
scribed herein. such amount as appears IN IN.
Board 20 be just. and without legal procsdur.
direct the Comptroller 10 withdraw th. ar,ol,,
OF such penalty from the security fund DE-
upon the security fund the Company shat
upon ten l0 days notice IN writing raw "a
the City sum sufficient TO restore ssN So.
curity fund 20 the original amount ard IN A.
fault thereof this contract shall Be canc,lI..
and annulled az the option az In. BOARD ,et.
ing in behalf OF the City. No action az nro-
ceeding or right under tho provisions Of th,
contract shall affect any other legal rights
remedies or causes Of action belonging 20 ths
city.
Thirty -fourth-The words notice o. "s,r.o-
ton" wherever used in this contract. shall b.
deemed 20 mean written notice or direction
Every such notice or direction 10 b. servei
upon the Company tial be delivered At such
Office in the City az shall have been desisnated
oy the Company. or II no such Office shall haya
been designated or II such designation shall
have for any reason become imperative shall
be mailed IN the City. posta -e PREPAID al.
dressed 10 the Company AZ the CITY Delivery
or mailing OF such notice or direction a. and
when above provided shall he equivalent 70 Z,
rect personal notice or direction. and shall hs
deemed 70 have been given az the time o,
delivery or mailing
Thirty hfth-rhe words streets or avenues"
and streets and avenues" wherever used ia
this contract, shall be deemed 20 mean streets
avenues. highways parkways driveWays. con-
courses. houlevards bridges. viaducts. tunnels
public places or any other property 10 which
the city has title or over which the public ss
an easement. encountered IN the rotte herein
above DESERT ed. and upon or IN which author-
by 10 iANANNf sven " Ntit R!AllaAs to A@N-
struct q railway.
rhirty-sixth--H a. am time tho powers o.
the Board or any other OF tho Authorities here
IN mentioned. or intended 10 be mentioned.
shall be transferred by lew 70 any other board.
authority. officer or officers. then ard m such
case such other board. authority. officer or Of
fcers shall have all the powers, rights and d.
ties herein reserved 10 or prescribed FOR tie
Board or other authorities, Office or officers.
Section 3. The grant ~ this privilege 20 the
COMPANY IS likeVise subject to the following
conditions:
This contract shall not become operative un;l
the COMPANY shall procure and cause 10 "a
executed and approved N proper form Tor re-
ord and duly delivered 70 the Board Of Est'-
mate and Apportionment:
Firsi-An agreement with the Third Avenue
Railway Company. wherein said Company shall
agree 10 permit the use Of its tracks on Eth
street. between First avenue and Manhattan
street BY the Company, its successors or assigns,
the Clty or any other company 10 which me
City NAV. after the termination OF tns con-
tract grant or lease rights. and tho Conrersa
ton FOR such use shall not exceed the terms
provided b. section 2-Fifth ~ this c0n'raei.
pom the failure Of the sail Third Avenue
Railway Company for any reason NJ any ine
hereafter TO permit the use Of its tracks on
I25th street, between First avenue and Menlai-
tan street, by the Company, IFS successors ~
assigns the City or any other company -
which the City may after the termination -
$his contract. grant or lease rights. the righis
hereby granted shall cease and determine.
sccond-An agreement with The For,y-se,ond
Street Manhattanville and So Nicholas Ave
nue Railway Company, wherein said Coinranf
shall agree TO permit the use OF It's track on
Manhattan street, from 18th street % l-th
avenue: on 18th avenue, from Manhattan
street 10 West l29th street, and on Mest
l29th street from 10th avenue 70 Man
haitian street; b. the Company, rs sue
cessors or assigns. the City or any other con
psny 10 which the City may. after the teTIni-
nation OF this contract. grant or ease fisnn,
exceed the terms provided By section 2-Fffth .,
This contract Upon the failure Of the ssid
Forty-second street. ManhattanFhis sno =.
Nicholas Avenue Railway Company, ioI ~.
reason at any time hereafter, % permit 'ur
use OF its tracks on Manhattan street, betTeeh
West Ic5th street and l.th avenue, l1th aNe.vs
between Manhattan street and N.s I-s'
street, and West 18TH street netWetn ~" ~
nue. and Manhattan street by no COMPANY. ~
successors or assigns. the CITY o. any o',
conlranv 70 which the City may, after me
rrina'ion Of this contract. grant Or lease rlslr
the rights hereby granted shal cease Sh' "
section Nothing in this contract shall %
construed as in any way limiting we lles,,.
or future jurisdiction OF the Puolc 80,
Commission under the laws OF tho s'a" y
Section s. This gran, is also upon n, ny.
Their and express condition that ne pro IS. %.
OF articI. 5. and the other provisions of w.
Railroad Law pertinent hereto shal oe su'V''
compiled with BY the Company.
Section 6. Tho Company promises co.
1an,s and agrees on It's part ana otnsI ~
conform 10 and abide by ara perform
a.. tarms and conditions and Requirements
IN this CONTRACT Gxed and contained -.
In witness whereof. tic party or tnc 80
pari. by its Msyor. thereunto duly al,ho...,,
by no Board OF Estimate and Appol'ii.o'r..., -.
Of sad CITY has caused the corporate 49,
or said CITY 10 be hereunto signed ano -.
corporate seal ~ said CITY 20 Be h,'e.,,
nniXed. and tho party N the sscono -
nv its officers. thercunto duly autho,t..'
his caused its corporate name - ~ ~
uni, s'rncd ard its corporate sea- 70
hercunto affixed, tho oay ana HeS'
THE CITY or NEW YORK
Pv
/ Nsyor
Attest.
City Clerk ,.r or
Union RAILWAY COMPANl W
NEW YORK CITY,
r.