operate said road, after such termination, forfeiture or end 22-4 of said grant as hereinafter provided in sections twentyseven to thirty-one in respect of railroads constructed at the public expense.

5. A certificate shall be prepared by the said commission attested by its seal and the signature of its presiding officer, setting forth in detail the action taken and grant made by the said commission with respect to such railroad, and the terms and conditions aforesaid which shall be delivered to said grantee upon the receipt by said commission of a written acceptance of the terms, conditions and requirements of the grant duly executed by said grantee so as to entitle it to be recorded. The said certificate shall be filed in the office of the secretary of state and a duly certified copy thereof shall be filed in the office of the clerk of the county in which the said railroad or some part thereof is situated and upon the fulfillment by such grantee of such terms, conditions and requirements enumerated in such certificate as the commission may require to be fulfilled as a condition precedent to commencing said work, the grantee shall in such cases possess in addition to its existing powers, all the powers conferred by this article upon corporations receiving a grant of a franchise thereunder with respect to the railroad so authorized to be constructed as aforesaid and when such certificate shall have been duly filed, such grantee may construct the said railroad with all the rights provided in said certificate but in every case subject to all the provisions and conditions of said certificate. The certificate so prepared by the commission as aforesaid when delivered to and accepted by said grantee shall be deemed to constitute a contract between the city and said grantee according to the terms of said certificate and such contract shall be enforceable by the commission acting in the name of and in behalf of said city, or by the grantee according to the terms thereof, but subject to the provisions of this act. The terms of such contract may from time to time with like approval and with the consent of the grantee be modified by the commission.

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6. Any existing railroad corporation owning or actually operating a railroad wholly or in part within the limits of the city and approved by the said commission shall be competent and is hereby authorized to bid for and receive any grant pursuant to the provisions of this section. If the successful bidder or bidders be not a corporation, then a corporation may be organized under the railroad law by him or them for the purpose of receiving such grant and of constructing, equipping, maintaining and operating a railroad pursuant to the terms of any such certificate and a corporation so organized shall not be required to procure the certificate or approval of the public service commission as provided for in section fifty-nine of the railroad law or section fifty-three of the public service commissions law.

7. After the proposed certificate shall have been prepared and approved as to the form thereof by the board of estimate and apportionment, or other such local authority of said city, the commission shall, prior to the granting of any such franchise, advertise for proposals or bids for such franchise under such certificate by a notice to be printed once a week for two successive weeks in not less than two daily newspapers published in said city, and in such newspapers published elsewhere than in said city as said commission shall determine, and may require security from bidders for the execution of their bids if accepted. Such notice shall set forth the points within said city between which such railroad is proposed to be operated, the route or routes, in general terms, to be followed, and such other details and specifications as the commission shall deem proper, and shall refer to such proposed certificate and the said routes, detailed plans and specifications on file in its office for further details. Said notice shall state the time and place at which proposals will be received and opened. All such proposals shall refer to said proposed certificate and shall offer the terms upon which any such proposer or bidder shall undertake to construct, maintain, equip and operate said railroad in so far as to set forth all or any of the following matters as may be required by the com

mission: (1) the annual interest desired upon the cost of 22-7 construction and equipment prior to payment of any part of income or increase to the city; (2) the period at the end of which the plant and property except equipment as aforesaid shall become the property of the city without compensation; (3) the amount of money for which galleries for subsurface structures to be paid for with public money in connection with the construction of such railroad will be constructed; (4) such transfer conveniences with other roads, specifications as to the cost of construction and other provisions as the commission may think proper to require. The commission shall attend at the time and place specified and shall publicly open all proposals that shall have been received, but the commission shall not be bound to accept any proposals so received, but may reject all such proposals and readvertise for proposals in the manner hereinbefore provided, or may accept any of such proposals as will, in the judgment of said commission, best promote the public interest, and grant a franchise and execute such certificate accordingly, subject to the approval of the board of estimate and apportionment, or other such analogous authority of such city. (New section added by L. 1909, ch. 498, § 5.)

§23. Power to fix connecting routes and extend lines. 1. The public service commission may also from time to time, as in this section hereinafter provided, with the approval of the board of estimate and apportionment, or other analogous local authority of such city, grant a right or rights, franchise or franchises or enter into a contract or contracts, upon application to said commission of any railroad corporation, now or hereafter incorporated, for the purpose of constructing and operating a tunnel railroad or railroads from an adjoining state under the North or Hudson or Harlem river to a terminus within such city; or under the North or Hudson river and thence transversely across and under the surface of the borough of Manhattan and thence under the East river by the shortest practicable route; such railroad or railroads to be connected with some trunk line

23-1 railroad or railroads whose terminus or termini are in this or an adjoining state, thereby forming a continuous line for the carriage of passengers and property.

2. A similar grant may be made, or a similar contract or contracts entered into, upon the application of a railroad corporation, owning or actually operating a trunk line railroad whose terminus or termini are within such city, or of a railroad corporation owning or actually operating, or by the certificate of the board of rapid transit railroad commissioners or the public service commission hereinafter in this section mentioned required to own or actually operate, a railroad wholly or partly within said city and engaged or intended, and in said certificate so recited and required, to be, in interstate commerce in connection with a trunk line railroad and which shall have, or be required by such certificate to have a terminus or termini in said city, for the purpose of constructing and operating a railroad or railroads from such terminus or termini by the shortest practicable route to and under or over the East river or the North or Hudson river, or the Harlem river, to any point in this or an adjoining state, or to connect such terminus or termini with the railroad or terminus of any other such railroad or trunk line railroad in this state or to straighten or improve the grade or alignment of any such railroad or more directly connect any points thereon.

3. If and when in the judgment of said commission the public interests so demand, the commission may, with like approval, fix and determine the route or routes by which any such railroad corporation making such application may so establish and construct or so extend its lines into or within said city, and may authorize any such railroad corporation to construct and operate any such railroad or connecting railroad under any lands, streets, avenues, waters, rivers, parkways, highways or public places in the said city, and also in the case of any such railroad or connecting railroad which is, or by the terms of the said certificate of the said board of rapid transit railroad commissioners or the public service commission is required to be,

operated or used as a part of an interstate trunk line, to 23-3 construct and operate the same over and across any such lands, waters, rivers, streets, avenues, parkways, highways or public places in the said city, but not over and lengthwise of any streets, avenues or highways, with all necessary sidings, platforms, stations, facilities for access to the surface and other appurtenances and with the right to emerge to the surface upon private lands at the termini, and to transport over the same passengers or freight or both and to run over the same either passenger trains or freight trains or mixed trains.

4. The commission shall, with like approval, fix and determine the locations and plans of construction of the railroad or railroads upon such route or routes, the times within which they shall be respectively constructed, the compensation to be made therefor to the city by the railroad corporation to which the grant shall be made, or with which the contract shall be entered into, and such other terms, conditions and requirements as to the commission may appear just and proper, provided, however, that every such grant shall be made and every such contract entered into upon the condition that the railroad corporation to which the grant shall be made or with which the contract shall be entered into shall, from the time of the commencement of the operation of any such railroad, annually pay to the said city a sum or rental, and that the amount of such sum or rental for a period of not more than twentyfive years, beginning with such operation of any such railroad, shall be prescribed by the commission in such grant or contract and that every such grant or contract shall provide for the readjustment of the amount of such sum or rental at the expiration of the period for which the same shall be so prescribed and for readjustment from time to time in the future of the amount of such annual payment at intervals each of not more than twenty-five years. The grant may also provide that the city shall have the right after the expiration of a period fixed in the grant which