NY Rapid Trans L § 31 (2021)
2021 New York Laws RAT - Rapid Transit Article 4 - Construction and Operation by the Board of Transportation 31 - Municipal Construction of Railroads.

§  31.  Municipal  construction of railroads.  It shall be the duty of   the  board  of  transportation  to  consider  the  routes,   plans   and   specifications, if any, previously laid out and adopted by them or their   predecessors,  and for which the consents have been obtained referred to   in section twenty-one of this chapter; and either to  proceed  with  the   construction of such railroad, and provide for the operation thereof, or   to  change  and  modify  such  routes,  plans  or specifications in such   particulars as to such board may seem to be desirable, or from  time  to   time  and  with  or without reference to former routes or plans to adopt   other or different or additional routes, plans  and  specifications  for   such  railroad.  In  all  cases in which any such change or modification   shall be of such character as to require the consents  thereto  referred   to in section twenty-one of this chapter and in all cases where other or   different routes or general plans may have been so adopted, the board of   transportation  shall  proceed  to  secure  the  consents required to be   obtained by section twenty-one of this chapter. Prior to the time of the   final grant of any franchise under the provisions of this chapter or the   making of  a  contract  for  construction  of  any  railroad  under  the   provisions of this chapter, the board of transportation shall have power   to  rescind  and revoke any resolution of such board or its predecessors   adopting any routes or general plan for a railroad adopted by such board   or its predecessors and, in  the  discretion  of  such  board,  in  lieu   thereof  to  adopt new routes and a general plan. Every such rescindment   or revocation which shall have been made by such board of transportation   or its predecessors shall be deemed to have been lawful  and  authorized   by  the rapid transit act, as the same was in effect on the twenty-third   day of April, nineteen hundred.b. As soon as such consents, where necessary, shall have been obtained   for any railroad and the detailed plans  and  specifications  have  been   prepared  as  provided in section twenty-two of this chapter, such board   of transportation, for and in behalf of such  city,  may  enter  into  a   contract  with  any  person, which in the opinion of such board shall be   best  qualified  to  fulfill  and  carry  out  such  contract  for   the   construction of such road, including such sub-surface structures as such   board  may  include  in  the  plans for such road under the authority of   section twenty-two of this chapter, upon the routes  and  in  accordance   with  the plans and specifications so adopted, for such sum of money, to   be raised and paid out of the treasury of such city, as provided by this   chapter, or to be contributed in part or in whole for  the  construction   of such road by the contractor having the contract for the equipment and   operation  of  such  road  as  a  consideration  for  the making of such   contract for equipment and operation as provided by this  chapter.  Such   contract  for  construction shall contain such terms and conditions, not   inconsistent with the aforesaid plans and specifications, as such  board   shall  determine  to be best for the public interests.  The sum of money   to be paid for the construction of such road shall be separately  stated   in  the contract from the sum to be paid for any sub-surface structures,   the construction of which is provided for in such contract. Such  board,   in any case, may contract for the construction of the whole road, or all   the  roads  provided  for  by  such  plans  in a single contract, or, by   separate contracts, executed from time to time, or  at  the  same  time,   with  one  or  more  such persons, may provide for the construction of a   part of such road or for the construction at first of two or more tracks   over a part of such road and afterwards of one or more additional tracks   over a part of such road  as  the  necessities  of  such  city  and  the   increase   of   its   population  or  the  advantageous  and  economical   performance of the work in the judgment of such board  may  require.  In   the  alternative  such  board,  in  its discretion by separate contracts    executed from time to time or at the same time, may contract with one or   more persons for the performance of any kind of work or any  portion  of   the work or for the furnishing of any material or for the performance of   any  labor necessary for or incidental to the construction of such road.   In any case where any such contract which shall have been  entered  into   provides  that  upon  the happening of any event or default specified in   such contract such board shall have the right and be  entitled  to  take   over  and  perform  or  complete  or  contract  for  the  performance or   completion of the work embraced in such contract or  any  part  of  such   work,  such  board,  upon  the happening of any such event or default so   specified in such contract, with the approval of the board  of  estimate   and  the  mayor,  also may employ such persons and purchase or hire such   plant, tools, machinery, supplies and materials as may be necessary, and   itself perform or complete the work embraced in  such  contract  or  any   part of such work as in its judgment the public interests require.c. The board of transportation, in the contract for a part of any such   railroad,  also  may  insert a provision that at a future time, upon the   requirement of the board, the contractor shall construct  the  remainder   or  any  part of the remainder of such road, as the growth of population   or the interests of the city, in the judgment of the board, may require.   Such board may insert in such contract provision for a method for fixing   and ascertaining at such future time  the  amount  to  be  paid  to  the   contractor  for  such  additional  construction,  and to the end of such   ascertainment may provide for arbitration or for determination by  court   of  the  amount  of  such  compensation,  or  of  any  other  details of   construction which shall not be prescribed in the  contract,  but  which   shall  be  deemed  necessary  or convenient by such board. If the public   interest, in the opinion of the board, shall justify the provision,  any   such  contract  may  provide  that  the  construction  of any section or   portion of the railroad included in such contract, with the  consent  of   such  board,  may  be  suspended  during  the  term  of operation of the   railroad as provided in this section, or any part of such  term.  During   such  term  or part of term there shall be available for use, in lieu of   such portion of the road, a railroad or a portion  or  section  thereof,   which,  with  the railroad or portion of railroad constructed under such   contract, shall form a continuous and convenient route.d. Any such contract may be made for the construction of such road  in   sections,  or  for  the  construction  of any section thereof. Except as   otherwise provided in this chapter, every such  contract  shall  specify   when  the  construction  of the railroad or the section thereof included   therein shall be commenced in each case, and, in each case, the date  of   completion.  The  board  of  transportation  may  by  any  such contract   determine when and how the work of construction of the railroad included   therein shall proceed. The board may also provide for the  equipment  at   public  expense  of  such  railroad  in connection with the construction   thereof, and may include in any contract for construction authorized  by   this  chapter  provision for the equipment, or any part thereof, of such   railroad, but may make a separate contract for the whole or any part  of   such equipment with the constructing contractor or any other responsible   persons.  Any  such  contract,  in  lieu  of requiring the contractor to   provide equipment or any part thereof for generation  or  furnishing  of   motive  power,  may authorize the contractor to enter into a subcontract   for purchase and delivery as required of motive power for  operation  of   such railroad, provided such subcontract, as to the parties thereto, the   sureties  thereon  and the terms thereof, shall be first approved by the   board.  In  the  alternative  such  contract  may   provide   that   the   construction  or  completion  of  equipment, or any portion thereof, for   generation or furnishing of motive power included in such contract, with    the consent of the board, may be suspended during a  period  designated,   provided  that  during such period there shall be available for use when   required, in lieu of such  equipment,  motive  power  furnished  to  the   contractor  under  and  pursuant  to  the  terms  of  a contract for the   purchase of power, which contract shall, as to the parties thereto,  the   sureties  thereon and the terms thereof, be first approved by the board.   In case of the expiration or termination, of the contract for equipment,   maintenance and operation of such road, as provided in this chapter, any   subcontract for the furnishing of power may be terminated or taken  over   by  the  city  without  making any allowance or paying any amount to the   contractor for or on account of any unexpired term of such subcontract.e. Any railroad constructed by and at the expense of the city shall be   and remain the absolute property of the city, and shall be and be deemed   to be a part of the public streets of the city, to be used  and  enjoyed   by the public subject to such reasonable rules and regulations as may be   imposed and provided for by the board of transportation.