2009.006

Lukacs, Claire

Gift

Museum Collections. Gift of a friend of the Museum.

1905 - 1916

Date(s) Created: 1905,1916 Date(s): 1905-1916

Good

Notes: 2009.006.0086, Document: [cover sheet, document title] Public Service Commission for the First District to Hudson and Manhattan Railroad Company CERTIFICATE Modifying Certificate to New York and Jersey Railroad Company DATED FEBRUARY 2, 1905 IN RE STATEMENT OF COST April 1916 [page 1] [Draft of January 24, 1916] [this line is crossed out] PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT TO HUDSON AND MANHATTAN RAILROAD COMPANY CERTIFICATE MODIFYING CERTIFICATE TO NEW YORK AND JERSEY RAILROAD COMPANY, DATED FEBRUARY 2, 1905 THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT does hereby certify as follows: WHEREAS, the Board of Rapid Transit Railroad Commissioners for the City of New York (which is hereinafter referred to as "THE BOARD") by a Certificate dated February 2, 1905, did grant to the New York and Jersey Railroad Company the right and franchise to extend its road from the intersection of Greenwich and West Tenth and Christopher Streets, in the Borough of Manhattan, under Christopher Street to Sixth Avenue; thence with one branch under Sixth Avenue to a terminal station at or near the intersection of Sixth Avenue and Thirty-third Street, in said Borough, and with another branch crossing diagonally under Sixth Avenue to Ninth Street and thence easterly under. Ninth Street to a terminal station at or near the intersection of Fourth Avenue and Ninth Street, in said Borough, which certificate was thereafter duly accepted by the said Company; and WHEREAS, Hudson and Manhattan Railroad Company (which is hereinafter referred to as "THE TUNNEL COMPANY") is a corporation formed by agreement of consolidation between the said 1 [page 2] New York and Jersey Railroad Company, Hoboken and Manhattan Railroad Company, a corporation of the State of New Jersey, and Hudson and Manhattan Railroad Company, a corporation of the State of New York; which agreement of consolidation is dated December 1, 1906, and was filed in the office of the Secretary of State of the State of New York, December 5, 1906, and in the office of the Clerk of the County of New York on December 6, 1906; and WHEREAS, by the said agreement of consolidation all and singular the rights, powers, privileges, exemptions, immunities, franchises, roads, rights of way and property, real and personal, of every kind and nature of the said New York and Jersey Railroad Company were conveyed and transferred to the Tunnel Company which thereupon expressly assumed and agreed to discharge all liabilities, duties and obligations of the said New York and Jersey Railroad Company and especially the obligations and duties assumed by the said Company by acceptance of the franchises granted by the Board by said Certificate dated February 2, 1905, modified as hereinafter stated; and WHEREAS, pursuant to the provisions of the Public Service Commissions Law, being Chapter 48 of the Consolidated Laws, as amended, the Public Service Commission for the First District (which is hereinafter referred to as "THE COMMISSION") has succeeded to all the rights, powers and duties of the Board; and WHEREAS, the said certificate of February 2, 1905, has since been modified by supplemental or modifying certificates dated April 12, 1906, February 28, 1907, and June 14, 1912,which were accepted in writing April 26, 1906, March 5, 1907, and June 14, 1912, respectively (and the said certificate as so modified or supplemented is hereinafter referred to as "the Certificate") and WHEREAS, the Tunnel Company has completed the construction and begun the operation of the portion of the tunnel and railroad authorized by the Certificate from the intersection of Greenwich, West Tenth and Christopher Streets under Christopher Street to Sixth Avenue and thence under Sixth Avenue to a point at or near Thirty-third Street but has not commenced 2 [page 3] the construction of the portion of such tunnel and railroad under Ninth Street east of Sixth Avenue; and WHEREAS, Article X of the Certificate provides in part: "As soon as said tunnel and railroad is completed under Sixth Avenue from Ninth Street to Thirty-third Street, and under Ninth Street east of Sixth Avenue, the Tunnel Company shall present to the Board a statement in writing, showing the cost of construction of the said tunnel and railroad. In case the said statement is approved by the Board, both parties shall be estopped from raising any question that the same is the actual cost of construction of the said tunnel and railroad, so far as the same is completed at the date of the said statement. In case the Tunnel Company, after the date of any such statement, shall acquire or construct any other tunnel, railroad, tracks or stations on Sixth Avenue, between Ninth Street and Thirty-third Street, or under Ninth Street east of Sixth Avenue, or shall acquire or construct any additions or improvements therein, the same shall in every case, be constructed with the approval and under the inspection of the Board and with the same right as hereinbefore provided to examine the books, contracts and papers of the Tunnel Company relating thereto, and a statement of the cost thereof shall be furnished to the Board by the Tunnel Company for the same purpose and with the same effect as the statement to be furnished upon the completion of the original construction of the road. In case the Board shall not approve any statement of cost of construction furnished by the Tunnel Company, the actual cost of construction of the work described or referred to in any such statement, shall be determined as soon as possible by arbitration in the manner provided by clause XI of this certificate"; and WHEREAS, the Commission desires that such statement in writing showing the cost of the portion of such tunnel and railroads under Sixth Avenue between Ninth Street and Thirty-third Street shall be presented by the Tunnel Company separately 3 [page 4] from and without waiting for the completion of the portion of such tunnel or railroads under Ninth Street east of Sixth Avenue; and WHEREAS, to the ends and for the purposes hereinbefore recited the Commission has determined upon certain modifications of the Certificate as hereinafter set forth and has prescribed such terms, conditions and requirements in relation thereto as to it appear just and proper, including all the terms, conditions and requirements provided for by the Rapid Transit Act in case of such modifications; and WHEREAS, the Board of Estimate and Apportionment of The City of New York has approved this modifying certificate; Now, THEREFORE, the Commission with the consent of the Tunnel Company does hereby further modify the Certificate as follows: First. The Tunnel Company shall within ninety (90) days after the Commission shall notify it in writing so to do present to the Commission a statement in writing showing the cost of construction of the portion of the tunnel and railroad authorized by the Certificate under Sixth Avenue from Ninth Street to Thirty-third Street as such portion of said tunnel and railroad shall have been completed to the date of such statement. When so presented such statement in writing shall be deemed to have been presented under the terms of Article X of the Certificate with the like force and effect as if the Certificate had originally provided for separate statements showing the cost of construction of the portion of the tunnel and railroad under Sixth Avenue from Ninth Street to Thirty-third Street and the portion of the tunnel and railroad under Ninth Street east of Sixth Avenue. As soon as the portion of such tunnel and railroad under Ninth Street east of Sixth Avenue is completed the Tunnel Company shall present to the Commission a statement in writing showing the cost of construction thereof. Second. Except as expressly modified herein the Certificate shall remain in full force and effect. 4 [page 5] Third. This certificate will be executed by the Commission in four identical originals, so proved as to be entitled to be recorded in the office of the Register of the County of New York and to be filed in the office of the Secretary of State of the State of New York, all of which will be delivered by the Commission to the president, vice-president, secretary or treasurer of the Tunnel Company. This certificate shall be void unless within thirty days after such delivery or such further period as shall be prescribed in writing by the Commission, the Tunnel Company shall have procured three of the said identical originals to be returned to the Commission, each of them having an acceptance of all the terms, conditions and requirements hereof subscribed at the foot thereof by the Tunnel Company, such acceptance being so proved as to entitle it to be recorded and filed as aforesaid. 5 [page 6] CERTIFICATE IN WITNESS WHEREOF this certificate has been prepared by the Public Service Commission for the First District and is now attested by its seal and by the signature of its Chairman, who is its presiding officer, and by the signature of its Secretary this day of _______ , 1916. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT By Chairman Attest: Secretary 6 [page 7] STATE OF NEW YORK, County of New York, ss.: On this _____ day of ______, 1916, before me personally appeared OSCAR S. STRAUS, the Chairman, and JAMES B. WALKER, the Secretary of the Public Service Commission for the First District, to me known, who being by me first duly sworn did depose and say, each for himself and not the one for the other, the said Oscar S. Straus that he resides in the Borough of Manhattan, in the City, County and State of New York; that he is the Chairman of the Public Service Commission for the First District and that he subscribed his name to the foregoing instrument by virtue of the authority thereof; and the said James B. Walker that he resides in the Village of Pelham Manor, County of Westchester, State of New York; that he is the Secretary of the said Commission and that he subscribed his name thereto by like authority; and both the said Oscar S. Straus and the said James B. Walker that they know the seal of the said Commission, that the seal affixed to the foregoing instrument is such seal and that it was so affixed by the authority of said Commission and of a resolution duly adopted by the same and that they signed their names thereto by like authority. 7 [page 8] Acceptance and Consent of Hudson and Manhattan Railroad Company HUDSON AND MANHATTAN RAILROAD COMPANY hereby accepts the foregoing certificate and all the terms, conditions and requirements thereof and expressly consents to the modification of the contract constituted by the certificate of February 2, 1905, as heretofore modified as above set forth. Dated, New York, ______ , 1916 HUDSON AND MANHATTAN RAILROAD COMPANY By _____________________President Attest: Secretary 8 [page 9] STATE OF NEW YORK, County of New York, ss.: On this day _______ of ______________ before me personally appeared ___________________ to me known, who, being by me first duly sworn, did depose and say, that he resides in __________ in the State of _____________ that he is the President of HUDSON AND MANHATTAN RAILROAD COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that one f the seals affixed to said instrument is such corporate seal, and that it was affixed thereto by order of the Board of Directors of said corporation, and that he signed his name thereto by like authority. 9 [end] Status: OK Status By: dw Status Date: 2009-06-16