N.Y. Rapid Trans. Law § 44 Modification of and Changes In Contracts

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 777
• Year: 2023
• Citation: N.Y. Rapid Trans. Law § 44

a. The board of transportation for and on behalf of the city, from time to time with the consent, in writing, of the bondsmen or sureties of a person, who has contracted with such board or its predecessors to construct, equip, maintain or operate any road, may agree with such contractor upon changes in and modifications of such contract, or of the plans and specifications upon which such road is to be constructed, but no change or modifications in the plans and specifications consented to and authorized pursuant to section twenty-one of this chapter shall be made without the further consent and authorization provided for in such section.

b. The board of transportation, from time to time, but only with the approval of the board of estimate and the mayor, may agree with railroad companies upon changes in and modifications of the terms and conditions of any contract under or pursuant to which any railroad, or any part thereof, has been or is to be constructed, equipped, maintained or operated, and with like approval such contract may be cancelled and replaced by a new contract to include the railroads embraced in such existing contract. The board of transportation may include therein provision for the acquisition by the city of the railroads or any of them or portions of any of them and is authorized and empowered on behalf of the city to accept title thereto or control thereof and to provide for the payment thereof through amortization or otherwise as the board of transportation may determine.

c. Any other provision of this chapter to the contrary notwithstanding, the board of transportation shall not make any new contract or modify any contract for the construction, equipment, maintenance or operation of any railroad without the approval or consent of the board of estimate and the mayor.

d. If any contract for construction or equipment of a railroad or section thereof has been awarded and a part of the work therein required to be performed by the contractor has been done or is in process of being done as to a portion of the route of such road and if another route for a railroad has been or shall be established by the board of transportation under section twenty of this chapter and consented to as provided in section twenty-one of this chapter, which, or a portion of which, in the opinion of such board should in the public interest be substituted in place of a portion of the road to be constructed or equipped under such contract, then the board with the consent of the board of estimate and the mayor, as soon as the detailed plans therefor have been prepared as prescribed in section twenty-two of this chapter, without advertising for proposals, may agree as provided in this subdivision with such contractor upon changes in and modifications of his contract for the purpose of making such substitution. Such agreement in such case may provide, in consideration, among other things, of a surrender by the contractor of his right to construct or equip a designated portion of the road or section or road described in his contract, that such contractor shall complete the construction or equipment of the remainder of the road or section described in such contract and shall in place of the portion surrendered construct or equip a railroad or section of a railroad upon such substituted route and in accordance with the plans and specifications adopted therefor for such sum of money as may be provided in such modifying agreement. As part of the consideration of such modifying agreement, the agreement may also provide...