New-York tribune., 1921-02-15

pubIic gearing upon Euch contract or
contracts and such reasons for refusal
THE commission shall make such
changes in such contract or contracts
as 1T may deem advisable and shall
then resubmit them to such local au-
thority for approval. If within thirty
days after the date of the first meet
ing of such local authority following
the receipt of such contract or con-
tracts SO resubmitted the local author
lty shall refuse or neglect to approve
the same, or If upon the original sub
mission. of such contract or contracts
to the local authority 1t shall not ap.
prove the. same and neglect to return
them TO the commission as above pre-
vided, the commission may in the name
snd in behalf of the city execute and
deliver such contract or contracts with
fuii legal force and effect as If MI ap-
prevails by tho local authority and BY
any local office bad been given. any
requirement for such approval by The
ocal authority or approval as to form
by any local office, whether by pro-
vision of law or contract or otherwise,
Including the provisions of the Greater
New York Charter, end OF Article IA
of the general. city law, as added by
Chapter 247 of the Laws of 1919. to the
contrary notwitN standing. except as
provided in Section 400 Of this article
Commission Power Defined
"The plan Of readiuxtmert may be =
single plan, embracing all the rail-
be included thereunder or mayba
several plans embracing different rail-.
roads CT systems of railroads, as the
commission may decide. The comnois.
sion may, if in its Judgment such action
Is necessary. but only after a public
herring, modify such plan or plan
after il shall have formally adopted tn
same: The commission may further
aXSerd any period OF time prescribed IN
this article or by it Hereunder.
Section 10S--Additional powers ard
dHties Of commissions: All the powers
ard duties under the rapid trai it act
and under any other law and under any
contract OF ihe board of rapid transit
Public Service Commission of the 1st
District as !ccessor to such board
rapid transit railroad commissioners
and Of the transit construction con
missioner an1 successor to the powers
md duties Of such PUBLIC Service Com
mission of tae 1st District, are here-
by transferred to and vested in the
commission, together with such other
and necessary powers as may be requi-
SITE To tne einelent performance of ta g
duties imposed upon tAe commission
by CHI Jaws ard centrcets.
The commission shall have and ex
ereise in any suca city the authority,
subject to the other provisions cf this
artic'e, to make contract for .he use Of
streets of any such city or street svr-
face railroads and for STAG ard omni-
bus routes
"The commission from time to time
may agree with railroad eompa nies
rpon changes in ard notifications Of
TIE terms and conditions of any con.
tract under or pursuant to which any
railroad or any part thereof, has been
or IS to ba constructed. eQu ipped main
taired or operated, or such contract
may be Cancelled and replaced by new
contract TO inc ude the railroads en-
hracpd IN such eX sting contract.
"The commission may include therein
provision for the acquisition by the
city OF the railroads or any Of them or
portions of any Of them, and is author
ICED and empowered on behalf of the
city to accept title thereto and to p.c
vide for the pavment thereof through
amortization or otherwise. as the com
mission may determine.
Form of Contracts
ANY contract maae ny tne commits
sion and any modification Of any CON
tract shall be in the form md shall
contain the tsrms and conditions re-
CURED as in the case of rapid TRANSIT
railroads by the rapid transit act. The
approval AS to form of any contract or
the notifications Of any contract by
the Corporation Counsel or other chief
legal adviser of such city shal. not be
required in the case Of contracts or
W. 8 ,.,%1, +n
under the provisions of this article.
'In the event that TIE local authority
upon the final submission of contracts
for approval as provided in Section lot
of this article neglecrs or refuses to
approve the same, the commission, for
the purpose of being empowered fully
and lawfully to execute and deliver
such contracts, is made the successor
of the local authority in respect Of any
power or right Of approval under any
law or contract, including any power
or right Of approval to modification oil
any contract, except as expressly pro-
vided in Sect on 1o9 Of this article.
"Section 109-Approval of L,cal Au"
thori.y Necessary to Certain Contracts
or Modifications.---A other provision
of this art.ole to the contrary notwith-
standing. the commission shall net
make nor modify any contract for the
construction, equipment, maintenance
or operation of the railroads or any OF
them without the approval or consent
of the local authority, whore such con-
tract or modification requires to carry
it out the authorization by the local
authority of additional corporate stock
or bonds of the city, or which would
result in replacing within the debt
limit of the city, under the constitu-
tion of the state, corporate stock or
bonds which have been excluded there
from under orders of the Appellate
Division of the Supreme Court, OF
adopts or so modities e route or route
and general plan of a railroad as to
require consents therefor under sec
tion eighteen Of article three of the
constitution of the state.
Section 1l0-Exemption from Or
ganization and Mortgage Taxes. 49, II
under the contract or contracts or
notifications of contracts provided for
in this article the title to the railroads
is vested in the city the organization
or reorganization of the lessee corpora
tion and the mortgaging of it's prop
erty and rights is exempted from taxa
tion under the organization tax i'm
posed by section 181 of the tax law and
the mortgage tax imposed by article
eleven of the tax law"