§ 31 — Municipal construction of railroads

§ 31. Municipal construction of railroads. It shall be the duty of\nthe board of transportation to consider the routes, plans and\nspecifications, if any, previously laid out and adopted by them or their\npredecessors, and for which the consents have been obtained referred to\nin section twenty-one of this chapter; and either to proceed with the\nconstruction of such railroad, and provide for the operation thereof, or\nto change and modify such routes, plans or specifications in such\nparticulars as to such board may seem to be desirable, or from time to\ntime and with or without reference to former routes or plans to adopt\nother or different or additional routes, plans and specifications for\nsuch railroad. In all cases in which any such change or modification\nshall be of such character as to require the consents thereto referred\nto in section twenty-one of this chapter and in all cases where other or\ndifferent routes or general plans may have been so adopted, the board of\ntransportation shall proceed to secure the consents required to be\nobtained by section twenty-one of this chapter. Prior to the time of the\nfinal grant of any franchise under the provisions of this chapter or the\nmaking of a contract for construction of any railroad under the\nprovisions of this chapter, the board of transportation shall have power\nto rescind and revoke any resolution of such board or its predecessors\nadopting any routes or general plan for a railroad adopted by such board\nor its predecessors and, in the discretion of such board, in lieu\nthereof to adopt new routes and a general plan. Every such rescindment\nor revocation which shall have been made by such board of transportation\nor its predecessors shall be deemed to have been lawful and authorized\nby the rapid transit act, as the same was in effect on the twenty-third\nday of April, nineteen hundred.\n b. As soon as such consents, where necessary, shall have been obtained\nfor any railroad and the detailed plans and specifications have been\nprepared as provided in section twenty-two of this chapter, such board\nof transportation, for and in behalf of such city, may enter into a\ncontract with any person, which in the opinion of such board shall be\nbest qualified to fulfill and carry out such contract for the\nconstruction of such road, including such sub-surface structures as such\nboard may include in the plans for such road under the authority of\nsection twenty-two of this chapter, upon the routes and in accordance\nwith the plans and specifications so adopted, for such sum of money, to\nbe raised and paid out of the treasury of such city, as provided by this\nchapter, or to be contributed in part or in whole for the construction\nof such road by the contractor having the contract for the equipment and\noperation of such road as a consideration for the making of such\ncontract for equipment and operation as provided by this chapter. Such\ncontract for construction shall contain such terms and conditions, not\ninconsistent with the aforesaid plans and specifications, as such board\nshall determine to be best for the public interests. The sum of money\nto be paid for the construction of such road shall be separately stated\nin the contract from the sum to be paid for any sub-surface structures,\nthe construction of which is provided for in such contract. Such board,\nin any case, may contract for the construction of the whole road, or all\nthe roads provided for by such plans in a single contract, or, by\nseparate contracts, executed from time to time, or at the same time,\nwith one or more such persons, may provide for the construction of a\npart of such road or for the construction at first of two or more tracks\nover a part of such road and afterwards of one or more additional tracks\nover a part of such road as the necessities of such city and the\nincrease of its population or the advantageous and economical\nperformance of the work in the judgment of such board may require. In\nthe alternative such board, in its discretion by separate contracts\nexecuted from time to time or at the same time, may contract with one or\nmore persons for the performance of any kind of work or any portion of\nthe work or for the furnishing of any material or for the performance of\nany labor necessary for or incidental to the construction of such road.\nIn any case where any such contract which shall have been entered into\nprovides that upon the happening of any event or default specified in\nsuch contract such board shall have the right and be entitled to take\nover and perform or complete or contract for the performance or\ncompletion of the work embraced in such contract or any part of such\nwork, such board, upon the happening of any such event or default so\nspecified in such contract, with the approval of the board of estimate\nand the mayor, also may employ such persons and purchase or hire such\nplant, tools, machinery, supplies and materials as may be necessary, and\nitself perform or complete the work embraced in such contract or any\npart of such work as in its judgment the public interests require.\n c. The board of transportation, in the contract for a part of any such\nrailroad, also may insert a provision that at a future time, upon the\nrequirement of the board, the contractor shall construct the remainder\nor any part of the remainder of such road, as the growth of population\nor the interests of the city, in the judgment of the board, may require.\nSuch board may insert in such contract provision for a method for fixing\nand ascertaining at such future time the amount to be paid to the\ncontractor for such additional construction, and to the end of such\nascertainment may provide for arbitration or for determination by court\nof the amount of such compensation, or of any other details of\nconstruction which shall not be prescribed in the contract, but which\nshall be deemed necessary or convenient by such board. If the public\ninterest, in the opinion of the board, shall justify the provision, any\nsuch contract may provide that the construction of any section or\nportion of the railroad included in such contract, with the consent of\nsuch board, may be suspended during the term of operation of the\nrailroad as provided in this section, or any part of such term. During\nsuch term or part of term there shall be available for use, in lieu of\nsuch portion of the road, a railroad or a portion or section thereof,\nwhich, with the railroad or portion of railroad constructed under such\ncontract, shall form a continuous and convenient route.\n d. Any such contract may be made for the construction of such road in\nsections, or for the construction of any section thereof. Except as\notherwise provided in this chapter, every such contract shall specify\nwhen the construction of the railroad or the section thereof included\ntherein shall be commenced in each case, and, in each case, the date of\ncompletion. The board of transportation may by any such contract\ndetermine when and how the work of construction of the railroad included\ntherein shall proceed. The board may also provide for the equipment at\npublic expense of such railroad in connection with the construction\nthereof, and may include in any contract for construction authorized by\nthis chapter provision for the equipment, or any part thereof, of such\nrailroad, but may make a separate contract for the whole or any part of\nsuch equipment with the constructing contractor or any other responsible\npersons. Any such contract, in lieu of requiring the contractor to\nprovide equipment or any part thereof for generation or furnishing of\nmotive power, may authorize the contractor to enter into a subcontract\nfor purchase and delivery as required of motive power for operation of\nsuch railroad, provided such subcontract, as to the parties thereto, the\nsureties thereon and the terms thereof, shall be first approved by the\nboard. In the alternative such contract may provide that the\nconstruction or completion of equipment, or any portion thereof, for\ngeneration or furnishing of motive power included in such contract, with\nthe consent of the board, may be suspended during a period designated,\nprovided that during such period there shall be available for use when\nrequired, in lieu of such equipment, motive power furnished to the\ncontractor under and pursuant to the terms of a contract for the\npurchase of power, which contract shall, as to the parties thereto, the\nsureties thereon and the terms thereof, be first approved by the board.\nIn case of the expiration or termination, of the contract for equipment,\nmaintenance and operation of such road, as provided in this chapter, any\nsubcontract for the furnishing of power may be terminated or taken over\nby the city without making any allowance or paying any amount to the\ncontractor for or on account of any unexpired term of such subcontract.\n e. Any railroad constructed by and at the expense of the city shall be\nand remain the absolute property of the city, and shall be and be deemed\nto be a part of the public streets of the city, to be used and enjoyed\nby the public subject to such reasonable rules and regulations as may be\nimposed and provided for by the board of transportation.\n