24-4 a valuation of such plant and property or any part or portion thereof for any purpose under said grant. The grant in such case may also make suitable provision to the end that if the city shall after so terminating such original grant or franchise or at the end of the full term thereof propose to grant a new franchise, right or authority in the enjoyment of which said plant and property or any part thereof may be utilized, the title to and possession of the said plant and property or any part thereof may be transferred directly to the grantee of any such new franchise. 5. But the construction and operation of such connections, extensions, additional track or tracks or facilities are hereby authorized only upon condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon, above or under which it is proposed to construct or operate the same, be first obtained, or in case the consent of such property owners cannot be obtained, the appellate division of the supreme court in the department in which they are proposed to be constructed, may, upon application, in the same manner, and on the same notice specified in section five of this act, appoint three commissioners who shall determine after a hearing of all the parties interested whether the same ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.

6. Every such certificate granting any franchise, right or authority, as aforesaid, except for additional track or tracks added to any existing elevated rapid transit railroad shall provide that upon the expiration of a period fixed therein the franchise shall end and that upon such termination thereof all the rights of property of the grantee in the streets, avenues, parkways, highways and public places shall cease and terminate without compensation and shall further provide that upon such expiration of such franchise, right or authority the plant and property together with the appurtenances thereto, of the grantee, constructed pursuant

to such certificate, except betterments, additions, improve- 24-6 ments and additional equipment as defined in the grant, shall become the property of the city without further or other compensation to the grantee; and that such betterments, additions, improvements and additional equipment shall be and become the property of the city on paying the grantee the amount ascertained as provided pursuant to said certificate. The provisions of this section shall apply to any railroad or railroads constructed, constructing or contracted for under the provisions of section twenty-six of this act and to any person, firm or corporation constructing or operating such railroad or railroads. (Former section 32a. Laws 1906, ch. 472, § 4, as amended by L. 1909, ch. 498, § 7, and L. 1912, ch. 226, §§ 3-4.)

§ 25. Interference with other tracks, pipes, sewers and conduits. 1. Wherever or whenever the route selected by the public service commission for the construction of such railroad shall intersect, cross or coincide with any railroad track or tracks occupying the surface of any streets or avenues, or the construction or operation of said railroad shall interfere with any pipes, sewers, subways, or underground conduits or ways, any corporation or any contractor or person constructing any railroad or part of a railroad under any contract made with the board of rapid transit railroad commissioners or the commission, is hereby authorized, for the purpose of constructing the said work, to remove the track or tracks of any such surface railroad or railroads, or any such pipes, sewers, subways, or underground conduits or ways, but the same shall be done in such manner as to interfere as little as possible with the practical operation or workings of such surface railroad or railroads, or the works or business of the owners of any such pipes, sewers, subways, or underground conduits or ways, and upon the construction of such railroads built under and in conformity with the provisions of this act, where such removals or changes have been made, said track or tracks, pipes, sewers, subways, or underground conduits or ways shall be restored as nearly as may be to

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the condition in which they were previous to the construction of any such railroad built under the provisions of this act, and any damages which such company or companies or owners may sustain shall be ascertained by a commission to be appointed the same as in the case where lands are taken for the purpose of a railroad route or routes as hereinbefore provided in this act.

2. For the purpose of the construction or operation of any railroad under the provisions of this act, the public service commission may remove or cause to be removed, any pipes, sewers, subways or underground conduits or ways underneath any street, highway, park, or public place; provided, however, that the same shall be replaced as soon as practicable, either in the same position as before or in a secure and convenient position underneath such street, highway or public place, or underneath such other street, highway or public place as may be approved by the head of the department of public works of the city. Provided, however, that nothing in this section contained shall authorize the permanent removal from any street, highway, park or public place of any subways or conduits for the reception of electrical conductors which shall have been placed in such street, highway or pubile place prior to the construction of the rapid transit railroad, without the consent of the owner and lessee of such subway or conduit.

3. All such removals and restorations shall be made at the proper cost and charge of such corporation, contractor or person as may have made such removals, but subject to the provisions of its, his or their contract, if any, with the board of rapid transit railroad commissioners or the public service commission. Nothing contained in this act shall authorize any corporation to use the tracks of any horse railroad. For the purpose of facilitating construction, and to diminish the period of occupancy of any street for the transportation of material, any contractor acting under a contract made in pursuance of this act, or of any act supplementary hereto or amendatory hereof, may with the approval of the public service commission, lay upon or over

the surface of any street, temporary tramways, to be used 25-3 only for the removal of excavated materials or the transportation of materials for use in the construction; provided, however, that any such tramway shall be forthwith removed upon the direction of the public service commission; and provided, further, that this provision shall not be construed to authorize the construction or operation of any street railroad or to grant to any corporation, association or individual the right to lay down railroad tracks. (Former section 33. Laws 1891, ch. 4, § 33, as amended by L. 1895, ch. 519, § 9; L. 1896, ch. 729, § 2; L. 1904, ch. 564, § 3 and L. 1909, ch. 498, § 8)

§ 26. Municipal construction; public service commission in a city formed by consolidation. 1. It shall be the duty of said public service commission 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 five of this act; and either to proceed with the construction of such railroad or railroads, and provide for the operation of the same, as hereinafter provided, or to change and modify the said routes, plans or specifications in such particulars as to said commission 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 or railroads, provided always, that 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 five of this act; and in all cases where other or different routes or general plans may have been so adopted the commission shall proceed to secure the consents required to be obtained by said section five of this act as herein set forth. The public service commission shall, prior to the time of the final grant of any franchise under the provisions of this act or the making of a contract for construction of any railroad under the provisions of this act, have power to rescind and revoke any resolution or resolutions of such commission or its

26-1 predecessors adopting any routes or general plan for a rapid transit railroad adopted by such commission or its predecessors and, in the discretion of such commission, in lieu thereof to adopt new routes and general plan. Every such rescindment or revocation which shall have been heretofore made by said commission or its predecessors shall be deemed to have been lawful and authorized by this act, as the same was in effect prior to the present amendment hereof.

2. As soon as such consents, where necessary, shall have been obtained for any rapid transit railroad or railroads and the detailed plans and specifications have been prepared as provided in section six of this act, the said commission, for and in behalf of said city, may enter into a contract or contracts with any person or persons, firm or firms, or corporation or corporations, which in the opinion of said commission shall be best qualified to fulfill and carry out said contract or contracts for the construction of such road or roads, including such galleries, ways, subways and tunnels, for subsurface structures as said commission may include in the plans for such road or roads under the authority of section six of this act, upon the routes and in accordance with the plans and specifications so adopted, for such sum or sums of money, to be raised and paid out of the treasury of said city, as hereinafter provided, or to be contributed in part or in whole for the construction of such road or roads by the contractor having the contract for the equipment and operation of such road or roads as a consideration for the making of such contract for equipment and operation as hereinafter provided. Such contract for construction shall contain such terms and conditions, not inconsistent with the aforesaid plans and specifications, as said commission shall determine to be best for the public interests. The sum or sums of money to be paid for the construction of such road or roads shall be separately stated in the contract or contracts from the sum or sums to be paid for any galleries, ways, subways or tunnels for subsurface structures, the construction of which