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

other fixing the rate OF such con ip 80, en- no
case shall the annual rate so hxee pe iss,
than the sum required 10 be pal1 .ol tH.rJIrinai
go y, ,bis contract and II the parties saSil
rot forthwith agree upon what Is sOoirJ.t en-
then the bsrtes shall enter INTO 80 az
agreement fixing such annual rev. ,hree
80 snoi,ut as shall be determined oy w M
dIsinterested freehoiders selected III '''e
VTr.s SiSimte,csted freebooter shall be cn9sen
49, Inc Roard. one disInterested iree', 80
shall be chosen by the CoInps s,nd' freeholder.
$40 La'' 800 so chosen shall act as AZ
nrsisers and shall make the reNa,ustIoa ioa a.
aid such appraisers shall be cnos t -. this
six 90 months prior TO We, we Ieport shall be
SieI With the Board within three .op an
after they are chosen. ihey snA' me may
10 Indictment upon their own rxpe.l
ence and upon such Information 90 nth
obtain by inquiries and lnvsstis They shall
80 ,bs right 10 examine any % the yooNss D., ~
de company and its officers undef oSt" d.ter-
valuations ascertained' nAe~ III narties.
mined shall be conclusive upon 49, 10 loss
I'm, M annual sum shall, In any sNsnt' iasr
han the sum required 10 be pau 10. 1,
year OF the original term OF tnlSS ,'", no dxed
!, snv case the annual rate shsH Iot ,errn
rr;nr "a Tie termination OF the orlsihslu 49,,
~ ,his contract then the COMPANY NJ. un,il
the annual rate Heretofore wi ~ and shall
,he new rate shall be determines, 90 any
,be, make up 10 the City the amour, W r = sd
e~cess ~ the annual rate then de,eI r,na n
over the previous annual rae said appraisers
s%sU he horne Jointly by the city ana u'
Company. each paying one-hai thedeV Do City
ThirC-The Company snsIl pSE friIoorlng
20. the privilege hereby granted the io"o"'''
SIMS OF money: -. .o,is-s 81. 900,
la1 The sum OF on. thousand dollars 80 .si lat.
in cash within three 90 month"; month ~ The MAJ or
and before anything is done In exercise oi '''
privilege hereby granted. -, c,,. q, YEAR. an
orn,oi suu, which shall IN no case oe
ran three thousand eight hundred ara selrn,
ty-dve dollars s3Si5,. and "hicn s.'di. uo re-
20 three 60 per cent: oil Us o3ceed ,he sum
seln,s II such percentage shall eNcesu 'no 49,.
Of tfree thousand eight hundred ara seventy
five dollars (S3,slJl. . a. ~, ,..ars an
During he second term OF nNe 'yl 80 los o.,
ani-a' o,.n tborsand one hundred dollars
~ 100 and which shall be equai 10 - 4, s,c3
,or crrt ~ Us gross annual receipts u sug'
percentage shall exceed TN. sum u sew 6"
p,,,ing Ike third term OF five 'ol years an
annual Gum hich shall IN no gase ,, % q 900,
eoven thousand eight hundred collars 49,
ord which shall he equal 20 five 'ol per cen, -
it, c,oss annual receipts. II such perJcn,iaSS 9
shall exceed the sum OF seven 'hOu
ht Dr,ng tbo fourth term Of hve G years an
annual sum which shall In no case ns ~, -
eight thousand six hundred doia, as 80 a, n.
which shall he equal TO hVe 90 per cen1. " o. -
srnsa annual receipts. II such perccnI go
sxceed the sum OF eight thousand six hon1'e-
dollars IS 500. ,. Aur,,st
. ,asf IA annual sum which shall IN no a.
he less than nine thousand tour nu MI ~ nal
fftv dollars 80 800, ard Which sna.., w $500
N i,e Ia pcr cent. OF It's gross shhu"l
40 r,,cb nerceutace shall exceed the sum OF ne
thousand four hundred and hfty donais F'.,f,,,e
Tho gross annual receipts ment'o-ea - :
ensu no that norton % the Gross rese',is ,.
,tS Corpanv from all sources WITHIN w IT..
Of the city a. shall bear the SANE p.1t,{h ~
10 rs whole gross receipts - Wv, .toii besr 20
~. extensions hereby authorized sra! pe -
,bo epti-e length Of The railway OF 'hs ~,
pany in operation within the UNITS " - - "a =.
TEe annual charges shall commence ue 81, -
date uDon which this contract is slshed uy "''
Mayor. ... ,,-,sr.
and ita approaches during the term seNpi,,,G
August 1915. an annual sum sun, a. 5r,n1 tho sue
I,e go ~ nv. 80 years expiring August
2 1921, an annual sum OF two thoussnu .,,iny
hundred and lfty dollars ecu ann .Srr,re
,he Remaining term OF fifteen b9) years 80
~ t"sus, 1895 an annual sum OF I'VE
,boussnd dollars 50 900. The coIHpelad =
bersin reserved shall commence rom 'ne 40
a. ,,hich this contract is signed b., tne Md.o'
OF N. n,,,,,sI charges as above shall be paid
TITO the treasury OF the city on NoveiIioed 10
o, each year and shall Be ior 'hg prny,Sed n az
,I. arst annual payment shall b only ior tnat
rroportiol OF the frs; annual charge as VIZ
ans between the date upon which tns COW sa ,I
a., TOD nv the MAYOR aud September 81 'ol-
lowing shall bear 70 the whole OF ono yeeI.
whenever the percentage required 20 % 70
shall exceed the minimum alno-.l ,oiri,nunt
,hnn such sum over and above sicn ihinNI ~
.bor be- raid on or before Novemner i m 80
GEAR FOR the year ending September ~ heN'
preceding. . .,,,d.d ar. IN
t.rd.5 70 include the percentages OF gross re
cein,s now required 10 he paid by raIpay con-
,anies 20 the CITY pursuant 70 the falfoao
am.-sed and such charges as are re
n~,red Under chapter $40 OF the Laws OF lssZ 20
D. raid by the Company Tor tnese eAIe,.sIor.
~ said act applies 70 or con,'c.s ~. nr-aty
in relation 10 the rights ana prlN'eseS "''0''
granted
Trio CITY does not and shall not demand Or
rAouire the payment by the Company OF Pc
centsge OF gross receipts under tHe p 20.
~ cbsrter si0 Of the Laws % 1882, on ti'e gross
Tec.ipts earned on the extensions constructed
pursuant 10 this contract. - .bs
A. and ali payments 20 b made by the
,ern,s ~ this contract 10 the City by the Com
nanv shall rot be considered in any manner
in he nature OF n tax but such payments
shall be made IN addition to any ana anu al ~ 80
OF vhatsoever kind or description now OF mere
after required 70 be paid by any ordinance on
,he Cit,. or resolution OF the Board or any
iau, OF IN. state OF New York
'a To, ~ tvs annual charges or payments
shall continue throughout tho whole term OF
this contract whether original or renewal,
Notwithstanding any clause In any statue %
IN tho charter OF any other railway or railroad
cor1panv providing FOR payment Tor raIlway or
railroad rights or franchises a. dlnereh,,
tho lights or privileges hereby granted
whether original or renewal. or or any par
thereof or Of any OF mo routes nen'l OH
herein or OF any part thereof shall be Valid
or eHectual for any purpose unless the SAID
ASSIGNMENT lease suitcase shall contain 2
covenant on the part OF the assignee or eSseo
a, ,,is contract: and that the assignee or lessee
assumes and will be bound by all OF saio con
,i.ions and especially said conditions as
70 pavments anything in any statute or In
tho charter OF such assignee or lessee 70 me
/ contrary Notwithstanding. and that the ssid as
slrree or lessee valves any more taYoraole
conditions created by such statute or It's char
ter and that IL will not claim BY reason mere
OF or Otherwise exemption from liability 10 per
form each and all OF the conditions OF this con-
tract.
Fir,h-Nothlng in this contract shall be
deemed 20 affect In any way the right OF the
civ 20 grant TO any other corporation or 10
arr individual a similar right privilege upon
the same or other terms and conditions over
Inc routes hereinb-forc described. and the Com
panv shall not al any time oppose. but shaH.
upon relues. Of the Board. consent 20 the use
Tor street surface railway purposes OF the
tracks and appurtenanccs covered by this
grant or any portion thereof, by any such
other corporation or Individual which MAJ re
cofve franchise therefor from tho CITY.
Should tho city a; any time during tho term
OF this contract grant 70 any other corporal
or to any individual the right or privilege 10
oaorafe railway upon the tracks OF the CON-
pany on the routes herein described. or any
portion thereof. then the City shall, within
t1irty (c0D days thereafter. give notice - the
Company that such right nas been granted. and
OF the name of the corporation or individual 10
which such hight has hoen -rantef.
At the expiration Of ninety t90 DAYS after
tho giving OF such notice such individual or
corporation shall have tho right TO begin tho
operation OF cars upon the tracks ~ The Com
panv uron the route. or any portion thereof
over witch such CORPORATION or individual may
receive a right or privilege. and 70 use therefor
TIE tracks equipment, poV ,eE and all Other
sarv I'm the operation Of the cara Of such IN