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“ said southerly side of East One Hundred and Thirty-fourth street to the westerly side of " Fourth avenue ;, thence northerly and along said westerly side of Fourth avenue to the northerly side of East One Hundred and Thirty-fifth street.
“ All of which is shown on the map submitted herewith in duplicate by the Engineer" in-Chief.
“Resolved, That the Commissioners of the Sinking Fund be and hereby are requestei to consent to and approve of the new plan for improving the water front between the easterly “ side of Third avenue and the northerly side of East One Hundred and Thirty-fifth street on “ the Harlem river, in the Borough of Manhattan, as above set forth.”
The new plan presented and above described, appears to me judicious, and I think the approval of the Commissioners of the Sinking Fund may properly be given thereto, as reques:ed by the Board of Docks.
EUG. E. MCLEAN, Engineer. Resolved, That the Commissioners of the Sinking Fund hereby approve of the new plan for improving the water-front between the easterly side of Third avenue and the northerly side of East One Hundred and Thirty-fifth street, on the Harlem river, in the Borough of Marhattan, as adopted by the Board of Docks on December 6, 1901.
The report was accepted and the resolution unanimously adopted.
The following communication was received from the Department of Docks and Ferties transmitting for approval terms and conditions of proposed sale of the ferry from the foot of Forty-second street, Manhattan, to the foot of Broadway, Brooklyn :
New YORK, December 10, 1901. Hon. ROBERT A. Van Wyck, Maior and Chairman of the Commissioners of the Sinking Fund :
SIR - I transmit herewith for your approval the terms and conditions of the proposed sale of the ferry from the foot of Forty-second street, Manhattan, to the foot of Broadway, Brooklyn. Kindly return same to this office when approved, and oblige,
WILLIAM H. BURKE, Secretary.
DEPARTMENT OF DOCKS AND FERRIES.
SALE OF FERRY FRANCHISE.
PHILIP A. SMYTH, AUCTIONEER. The franchise of the ferry, as more particularly hereinafter described, will be offered for at by the Board of Dochs, at public auction, to the highest bid ler, at Pier "A," Battery place, is
For a Term of Tun Fears from December 1, 190r. To and from the foot of Foriy-second street, East river, in the Borough of Manhattan, ír m and to the foot of Brundway, Eastwier, in the Borough of Brooklyn, “ together with all that certaia
wharf property, land and land under water belonging to the City ; beginning at a point where :-? northerly line of East Forty-second street mtersects the established bulkhead-line at the foot of an stieet; thence running outherly along aid bulkhead-line a distance of atout 290 feet to the nuth
“ erly side of East Forty-first street ; thence easterly along said northerly line of East Forty-first
street a distance of about 150 feet to the established pierhead-line ; thence northerly along said * pierhead-line a distance of about 296 feet to the northerly line of East Forty-second street “ extended ; thence westerly along the northerly line of East Forty-second street a distance of “ about 150 feet to the point or place of beginning in the Borough of Manhattan."
TERMS AND CONDITIONS OF SALE.
The lease will be sold subject to the approval of the terms thereof by the Commissioners of the Sinking Fund.
No bids will be received which shall be less than the upset price, viz.: Ten Thousand Dollars per annum.
The purchaser will be required at the time of sale to pay, in addition to the auctioneer's fee, to the Department of Docks and Ferries twenty-five per cent. of the amount of the annual rent bid, as security for the execution of the lease, which twenty-five per cent. will be applied to the payment of the rent first accruing under the lease when executed, or will be forfeited to the Department if the purchaser refuses or neglects to execute the lease, with good and sufficient security, to be approved by the Board of Docks, within ten days after being notified that the lease is prepared and ready for execution at the office of the Department of Docks and Ferries, Pier “A," North river, foot of Battery place.
Two sufficient sureties, to be approved by the Board of Docks, will be required under the lease to enter into a bond or obligation, jointly and severally with the lessees, in the sum of double the annual rent, for the faithful performance of all the covenants and conditions of the lease.
The lease will contain the usual covenants and conditions, in conformity with the provisions of law and the ordinances of the Municipal Assembly relative to ferries, and shall provide that the lessees will maintain and operate the ferry during the whole term, and will provide ample accommodations in the way of safe and capacious boats and sufficiency of trips, as to the sufficiency of which accommodations the decision of the Board of Docks shall be final; also conditions that the lessees shall dredge the ferry slip, etc., as required by the Board of Docks; that during the term of the lease they will erect and build, at their own expense, and will at all times well and sufficiently repair, maintain and keep in good order, all and singular the floats, racks, fenders, bridges and other fixtures of the landing places, and in the event of any damage to the bulkheads or piers from collision by the ferryboats, or otherwise, from any accident or negligence on their part, they will immediately repair and restore said whart property to its previous conditions free of cost to The City of New York; that if at any time during the term of the lease the Board of Ducks shall require any of the wharf properly used for ferry purposes in order to proceed with the water-front improvements in the vicinity of the ferry landings, the said lessees shall surrender and vacate the premises without any claim upon the City for any damages whatever, upon written notice being given to the lessees three months in advance of the intention of said Board; that such notice shall specify, by the general terms of description or by reference to the plans and specifications of the proposed work of improvement, the character of the alterations and improvements to be made in regard to said water-front, affecting the property and rights hereby authorized to be demised, and upon receiving such notice the lessee may elect to terminate the lease of said ferry privileges or franchise by serving notice of such election upon the Board of Docks within one month after receiving the notice from the Board of Docks of its intention to improve the water-front in the vicinity of the ferry landing; also, that in case only a portion of said wharf property shall be required for the purposes aforesaid, then a reasonable reduction will be made from the rent reserved by said lease; that sworn returns of the amounts of ferry receipts shall be made to the Board of Docks, when required by said Board, and that the books of accounts of the ferry shall be subject to the inspection of said Board.
The lease will contain a covenant providing for the purchase, at a fair valuation, of the boats, buildings and other property of the lessees, used in and actually necessary for the operation of said ferry, upon the termination and surrender and delivery of the premises by the lessees, if the lessees shall not become the purchasers for another term, provided that The City of New York shall not be deemed thereby to purchase said property in any event.
The rates of ferriage and charges for vehicles and freight shall not exceed the rates now charged.
The form of lease which the purchaser will be required to execute can be seen at the office of the Board of Docks.
The right to reject any bid is reserved, if deemed by the Board of Docks to be for the best interests of the city.
By order of the Board of Docks, under a resolution adopted November 29, 1901.
J. SERGEANT CRAM, Commissioners,
In connection therewith the Comptroller presented the following report of the Engineer of the Department of Finance :
DECEMBER 23, 1901. Hon. Bird S. COLER, Comptroller :
Sir—The Department of Docks and Ferries, in communication of December 18, 1901, signed by the Secretary, Mr. William H. Burke, says :
“ In reply to your communication of the 17th inst., marked • Engineers,' relative to the * proposed sale of the ferry from the foot of East Forty-second street, I beg to submit the “ following:
“On February 10, 1899, the Brooklyn and New York Ferry Company called attention to " the fact that, pursuant to chapter 792 of the Laws of 1897, the said company was about to
operate a ferry between the points in the act above referred to, and petitioned the Board to fix "" sech compensation as might be in their judgment proper.
“ The Department and the company were in negotiations for some time relative to the « amount of rental to be fixed, and also as to the right of the company to operate a ferry with“out a franchise having been granted by the Municipal Assembly. Finally plans and specifica “tions were submitted for the erection of ferry houses and slips at the foot of East Forty-second
street, and the opinion of the Corporation Counsel was requested as to whether the Board could
approve such plans and specifications and grant a permit for the erection of said ferry houses “ and slips, and whether it should accept the rent which had been agreed upon, and in an opinion under date of November 14, 1900, the Corporation Counsel advised as follows:
“ There is, in my opinion, no objection to the approval by the Board of Docks of the plans “ . and specifications submitted by the said company, nor to the granting of a permit to said com
pany to erect a ferry house, slips and ferry racks at the foot of Forty-second street, East river.
There is also, in my opinion, no objection to the acceptance by the Board of the rent " • agreed upon, pending such proceedings as the company may determine to begin, to maintain
and operate a ferry from the foot of said street under the provisions of said act.' »
" In accordance with said opinion a permit was grante said company to erect ferry-hou.es " and slips, the work to be done under the direction and supervision of the Engineer in-Chif of “ this Department, and the plans and specifications therefor to be first approved by him.
“ The Board, however, has granted no permit to said company to operate a ferry and no “ rental has been tixed by the Board. Upon learning that the Ferry Company had commenced to
operate a ferry from the foot of East Forty-second street, the Corporation Counsel was requested " to take steps to compel the boats to stop running until the legal requirements had been complied " with, and the terms and conditions of the proposed lease were transmitted to the Sinking Fund “ for their approval. In the terms transmitted to the Sinking Fund, however, an error occurred, " which I have been directed to request you to correct ; the upset price therein mention is ** $6,000 whereas it should be $10,000.”
The letter of the 17th instant referred to, simply asked when this ferry was “ authorized and “established by the Municipal Assembly, as required by the Charter."
Chapter 792 of the Laws of 1897, became a law May 24, 1897. The present Charter, chapter 378, Laws of 1897, became a law May 4, 1897.
Chapter 792 is entitled “an act relating to the Brooklyn and New York Ferry Company and, in section 1, authorizes and empowers “the said company to establish, maintain and operate + and use ferries
across the East river, to run from the ferry slip now at the foot of Broadway, or adjacent thereto, to the foot of East Forty-second street or adjacent thereto.”
Section 2 provides for safe and suitable ferry houses, etc., and regulates charges. Section 3 prescribes the times for running of boats.
Section 4 provides that “if it shall become necessary for said company to procure the consent “ of any person or corporation for any franchise or interest belonging to such person or corpora. “ tion, said company shall have power to procure the same, but nothing herein shall be so con“ strued as to take away or impair any rights or franchises owned by the cities of New York “ or Brooklyn, but the proper authorities of the City of New York and the City of Brooklyn may “ lease to said company any slip or slips under their charge between the lines designated in sec“ tion one of this act, in said cities within which ihe ferries of said company are hereby established “ in the manner now provided by law for the purpose of taking up and landing passengers and 66 vehicles in accordance with the intention of this act."
By section 45 of the present charter the power to establish a ferry rests with the Municipal Assembly expressed as follows:
“ And further, to the end that cheap, easy and convenient intercourse may be had between “ all parts of the city, the City of New York as hereby constituted shall have full and exclusive
power to establish, and full power to enjoy by leasing the same or otherwise, and to maintain " and regulate ferries over all streams and waterways within or adjoining the limits of said city. “ The Municipal Assembly may pass appropriate ordinances not inconsistent with law or with " this act, or with the vested rights of existing companies or corporations, lo enforce the provi. - sions of this section and to carry out its purposes”
Notwithstanding this provision of the charter, chapter 792 establishes this ferry, to be run by the Brooklyn and New York Ferry Company. The ferry is now established and is now running, the buildings and necessary appurtenances having been erected under a permit given by the Department of Docks and Ferries, under the advice of the Corporation Counsel, quoted in the letter of Secretary Burke.
The Secretary states, however, that the Board “has granted no permit to said company to operate a ferry, and no rental has been fixed by the Board.''
Under this unusual and anomalous condition of affairs, the Department of Docks and Ferries now proposes to sell the ferry franchise for a term of ten years, from December 1, 1901, “to and s from the foot of Forty-second street, East river, in the Borough of Manhattan, from and to the “ foot of Broadway, in the Borough of Brooklyn, together with all that certain wharf property, “ land and land under water belonging to the City, beginning at a point where the northerly line “ of East Forty-second street intersects the established bulkhead-line at the foot of said street ; "thence running southerly along said bulkhead-line a distance of about 296 feet to the northerly
“ side of East Forty-first street; thence easterly along said northerly line of East Forty-first street “ a distance of about 150 feet to the established pierhead-line ; thence northerly along said pier“ head-line a distance of about 296 feet to the northerly line of East Forty-second street extended ; “thence westerly along the northerly line of East Forty-second street a distance of about 150 feet " to the point or place of beginning, in the Borough of Manhattan.”
Believing as I do that even this law, chapter 792, Laws of 1897, is limited in section 4 to the extent of not taking away or impairing any rights or franchise owned by The City of New York, the ferry could not be established under chapter 792, Laws of 1897, but only by the action of the Municipal Assembly, I would recommend that the matter be reterred to the Corporation Counsel for his opinion as to whether such sale as is proposed would be legal under the circumstances as shown.
It the measures taken heretofore in establishing this ferry be decided to be correct in law, I see nothing to object to in the terms and conditions proposed, they being in the usual form. The upset price of $10,000 per annum I think is a fair valuation.
EUG. E. MCLEAN, Engineer. Which was referred to the Corporation Counsel for an opinion as to whether such sale as proposed would be legal under the circumstances.
The following communication was received from the Board of Armory Commissioners relative to bill of Messrs. Horgan & Slattery, architects, for preparing plans for proposed armory building for Second Naval Battalion, N. G., N.Y., on the site now abandoned on First avenue, Forty-third and Forty-fourth streets, Borough of Brooklyn :
NEW YORK, December 19, 1901. To the Honorable the Commissioners of the Sinking Fund :
GENTLEMEN—At a meeting of the Armory Board held December 18, 1901, the following was adopted :
Whereas, The Armory Board, at a meeting held July 9, 1900, adopted a resolution pr viding for the erection of an Armory Building for the Second Naval Battalion, on a site selected " in the Borough of Brooklyn, on the westerly side of First avenue, extending from Forty-third "* to Forty fourth strett, and authorized the architects, Horgan & Slattery, to prepare the plans " and specifications for the same, at an expense of $60,000; and
Whereas, The Sinking Fund Commissioners, at a meeting held August 8, 1990, concurred os in the above rewolusion and authorized the issue of Corporate Stock to the amount of $60,000 "for such purpose ; and
"Whereas, such plazıs and speutications were prepared and the work was advertised for, ani ** bid were opened for the same, on the 23d day of January, 1901, the lowest bid for such work * exceeded the appropriation and the erection of the building was abandoned, and the site has "since been sold by the City;
" Resolved, Tliat the Comptrelier be authorized to pay to Messrs. Horgan & Slattery, "arcuteces, the aim of titteen hunred dollars ($1,500) in full as per accompanying voucher, 45 til pretensional services in preparins plans and specifications for a proposed new armory buill
a ivr the Second Vana Batalion, V. G., N.Y., on the site now abandoned on First avenue,