§ 44. Modification of and changes in contracts. a. The board of\ntransportation for and on behalf of the city, from time to time with the\nconsent, in writing, of the bondsmen or sureties of a person, who has\ncontracted with such board or its predecessors to construct, equip,\nmaintain or operate any road, may agree with such contractor upon\nchanges in and modifications of such contract, or of the plans and\nspecifications upon which such road is to be constructed, but no change\nor modifications in the plans and specifications consented to and\nauthorized pursuant to section twenty-one of this chapter shall be made\nwithout the further consent and authorization provided for in such\nsection.\n b. The board of transportation, from time to time, but only with the\napproval of the board of estimate and the mayor, may agree with railroad\ncompanies upon changes in and modifications of the terms and conditions\nof any contract under or pursuant to which any railroad, or any part\nthereof, has been or is to be constructed, equipped, maintained or\noperated, and with like approval such contract may be cancelled and\nreplaced by a new contract to include the railroads embraced in such\nexisting contract. The board of transportation may include therein\nprovision for the acquisition by the city of the railroads or any of\nthem or portions of any of them and is authorized and empowered on\nbehalf of the city to accept title thereto or control thereof and to\nprovide for the payment thereof through amortization or otherwise as the\nboard of transportation may determine.\n c. Any other provision of this chapter to the contrary\nnotwithstanding, the board of transportation shall not make any new\ncontract or modify any contract for the construction, equipment,\nmaintenance or operation of any railroad without the approval or consent\nof the board of estimate and the mayor.\n d. If any contract for construction or equipment of a railroad or\nsection thereof has been awarded and a part of the work therein required\nto be performed by the contractor has been done or is in process of\nbeing done as to a portion of the route of such road and if another\nroute for a railroad has been or shall be established by the board of\ntransportation under section twenty of this chapter and consented to as\nprovided in section twenty-one of this chapter, which, or a portion of\nwhich, in the opinion of such board should in the public interest be\nsubstituted in place of a portion of the road to be constructed or\nequipped under such contract, then the board with the consent of the\nboard of estimate and the mayor, as soon as the detailed plans therefor\nhave been prepared as prescribed in section twenty-two of this chapter,\nwithout advertising for proposals, may agree as provided in this\nsubdivision with such contractor upon changes in and modifications of\nhis contract for the purpose of making such substitution. Such agreement\nin such case may provide, in consideration, among other things, of a\nsurrender by the contractor of his right to construct or equip a\ndesignated portion of the road or section or road described in his\ncontract, that such contractor shall complete the construction or\nequipment of the remainder of the road or section described in such\ncontract and shall in place of the portion surrendered construct or\nequip a railroad or section of a railroad upon such substituted route\nand in accordance with the plans and specifications adopted therefor for\nsuch sum of money as may be provided in such modifying agreement. As\npart of the consideration of such modifying agreement, the agreement may\nalso provide that such contractor shall guarantee to the city, with\nproper and sufficient sureties, that in the event that the city shall\nenter into such modifying agreement providing for construction of such\nsubstituted route or section thereof by the contractor, the cost to the\ncity of providing for the construction of any additiona
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