Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-02-16


the consent Of the City to the exercise OF
additional franchises by the Railway Com
pany. and said Terminal Company, has filed
applications with said Board for certain
ordinances specifying the terms and condi-
tons under which subway. not exceeding
oae-half mile in length. may be constructed
under Halsey street. Cedar street, Broad
street Military Park. Park place. Boudinot
street Pine street and an unnamed alley,
and granting the consent of the City TOT
elevated tracks crossing Pine street
AND WHEREAS. The Board of Street and
Water Commissioners has adopted certain
pursuant to said applications;
AND WHEREAS. At the time of the adop-
ton of such ordinances 1t was mutually
agreed by the parties hereto that certain
stipulations and conditions relating TO- SAID sale
and conditions in said ordinances contained.
should be embodied In an agreement and
should be applicable to the construction use,
operation and maintenance of the street
railway lines under the following franchises,
as fully and effectually as IL the said stipu-
lations and conditions were contained In said
to wit.
No. SUBWAY. from west side OF Hal
sey street. under Halsey street.
Cedar street Broad street Military
Park Park place, Boudinot street.
Pine street and an unnamed
No. ELEVATED. crossing OF Pine
No. 5-PARK PLACE AND CENTRE
STREET EXTENSION. from Cen
tra avenue, across Broad street,
east IN Park place and Centre
street 10 Front and Mulberry
streets.
No. 12-IIIGH STREET AND WARREN
STREET EXTENSION, from end
of tracks on High street south Of
Market street. north to WaIrra
street: thence east into Warren
street; along same east 10 wash
ington street with connections
south into Washington street
No. l3-FoURTH AVENUE EXTENslDN.
from Belleville avenue, north Of
Fourth east iOtO and along
fourth avenue to ogden street,
with connections at Ogden street;
No. 1I-HAWTHORNE AVENUE. FROM
ELIZABETH AVENUE TO VOL
COLT TERRACE.
No. lS-BERGEN STREET AND LYONS
AVENUE EXTENSION.
No. 70 JACKSON STREET EXTENSION.
No. 21-TwE' Eth AVENUE AND
SOUTH TWELFTH STREET EX-
No. ee-EXTENSIoN OF WYE" ON
SOUTH EIGHTEENTH STREET.
No. 2S-GREEN STREET. one track from
Mulberry street to Broad street.
No. 29-LAFAYETTE STREET, one track
from Mulberry street to Broad
street
No. 20-EXTEN SIONS FOR WYE ON
WOLCOTT TERRACE FROM
HAWTHORNE AVENUE.
SOW THEREFORE,, 1t is agreed be-
-,een the parties hereto as follows:
That the consent and permission given to
construct. Use, operate and maintain the
lines Of street railway herein above set forth
md described, are given and accepted upon
Inc fClloWin conditions:
EFRST-That the gross earnings Of Public
Service Railway Company, its successors and
assigns. received by said company from pas
senger traffic on the tracks laid in pursuance
OF the ordinances herein specitcllly men
toned, shall be subject to The provisions for
the payment of I've rer cent. thereof to the
CITY of Newark containec in tine seventh
or subdivision Of section eighteen
of a certain ordinance passed by the Board
Of Street and Water Commissioners OF the
~ of I'll lad
IAN ordinance to authorize and empower
the CONSOLIDATED Traction Company a cor
poration Incorporated under the laws Of the
State OF New Jersey, to locate construct,
operate and maintain street railways and ap-
purtenances over and through certain
streets avenues and highways in the city
passed over the Mayors veto July 1S. 1898;
and also subject to tine provisions declaring
that the phrase gross earnings shall be
understood to mean and does mean gross
receipts contained in the sixth section of
an ordinance entitled:
IAN ordinance to supplement and amend
an ordinance entitled An Ordinance to au-
thorize and empower the consolidated Trac-
tion Company a corporation incorporat ted
under the laws OF the State of New Jersey,
IL locate. construct. operate and maintain
street railways and appurtenances over and
through certain streets, avenues and high
ways in the city of Newark passed May
1895.
That the method of propenIng cars of said
company on the tracks to be lai1 under the
which the provisions of this agreement re-
late, shall be subject to the seventh AND
eighth paragraphs or subdivisions of section
four of the ordinance entitled;
AN Ordinance granting the consent Of
the Board of Street and Water Commission
ers Of the city of Newark to the Newark ant
South Orange Railway Company. to use
electricity as the propellng power of IT,
cars passed December IS. 1892. and ap
proved by the Mayor December 2s, 1892
Tl.uN Dali uHar
shall upon request and without further
charge, give 10 any person who has paid {
cash fare on any car a transfer which shall
elttle such person to continuous ride IL
either direction on any street railway lint
intersectins or connecting with the line
upon which such transfer was given NJ
passenger shall be entitled to a transfer Il
a the route Of which runs substantially
parallel to and within 1000 feet Of the rout'
of the car on which the transfer was is
sued. For the purpose of transfers thu
loops on the subway floor of the termina
and those the second floor of said ter
minal shall be deemed intersecting track
and the tracks in said subway shall b.
deemed to intersect with surface tracks OIL
Broad street and Park place. The loops Of
the second floor of said terminal shall ais
be deemed to intersect with surface track
on Broad street and Park place. Transfer
shall also be given. II requested, on Wash
ington street and Mulberry street from car
entering to cars leaving the terminal. Il
order that transfer privileges now enjoys
by the people Of the city Of Newark shal
not be restricted by the operation of car
IN said terminal. or by any rerouting OF line
or the introduction Of new lines, additiona
transfers shall be issued, when necessary
to preserve such privileges. The operation
Of the street railways over the tracks, per
mission to construct which Is granted In tn
ordinances herein recited, shall be subject Z
any power of future regulation which tn
city now has over existing lines.
THIRD-That all operation Of cars an
the collection of any moneys for fares In con
nection Herewith conducted by the Ter
$500 rlTa anF g1aaNt he AaRA o.
the Railway Company, and that all ordi
nances applicable to the Railway Compan
shall apply TO such acts Of the Termina
Company
FoURTH-That in the ordinances hereI
referred to and made the subject of thi
agreement. the clause In regard to pawn
between the tracks and between the rails q
each track and for a distance Of eghtee
n0 inches outside Of said tracks and fur
ther that the Railway Company will subm
ment proposed and the grades thereof [
the Board for its approval, and shall mair
tain such pavements in good repair to tn
satisfaction of the Board.
FIFTH-That no rerouting of any line
cars shall be made, nor shall any new line
be introduced and cars of such lines operate
on tracks within the limits of the city b
the Railway Company. until 1t has give
the Board of Street and Water Commii
sioners notice, at least ten days in advanc
of the proposed rerouting or new installt
tion.
sIxTH-That upon receipt of permissio
TO install connecting curves at Market an
Mulberry streets and after the installato
of the same. the Railway Company sha
permanently discontinue the use OF the cor
Meeting curves at Market and Broad street
excepting only for unavoidable Temporal
necessity.
sEvENTH-That the grant for two col
Meeting curves at Market street and MI
berry street Is made upon the condition tina
n new avenue, the opening OF which
now contemplated running approximate
| from Park place and Saybrook place to Il
| Pennsylvania depot at Market street, sha
! be opened and grant to lay tracks In ga
| avenue shall have been given tender,
to the Railway Company, or its successor
| upon the same franchise conditions as mai
| tain on Park place and Centre street wi
proper connections to the then existir
| tracks in Market street at Pennsylyan
| Railroad station the curve then connectiI
| the southbound track on Mulberry sire
with the eastbound track on Market sire
eI.a he suft IN MIN M