§ 98 — Operation and maintenance of railroad passenger stations in certain municipalities

New York § 98

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5: Powers, Limitations and Liabilities

Text

§ 98. Operation and maintenance of railroad passenger stations in\ncertain municipalities. 1. For the purposes of this section only,\n"municipality" means (i) a county not wholly contained within a city,\n(ii) a city having a population of more than twenty-five thousand but\nless than one million inhabitants according to the most recent federal\ndecennial census, and (iii) a town of the first class.\n 2. Each municipality may from time to time contract with a railroad\ncorporation providing passenger service by rail to or from any passenger\nstation within the municipality for the operation and maintenance of one\nor more such stations owned or used by such railroad, including the\nbuildings, appurtenances, platforms, land and approaches incidental or\nadjacent thereto, provided, however, that such contract shall contain\nprovisions pursuant to which:\n a. The railroad agrees for the term of such contract not to\ndiscontinue all passenger or all freight service, or petition any\nregulatory agency having jurisdiction in respect thereof for permission\nto discontinue all passenger or all freight service, to or from such\nstations without the consent of the municipality;\n b. The railroad agrees for the term of such contract to continue the\noperation and maintenance of such existing facilities or portions\nthereof as may be required in the public interest for the sale of\npassenger tickets and the handling of baggage, mail and freight at such\nstations;\n c. The railroad shall continue responsible for all railroad operations\nand the maintenance and upkeep of all tracks, rights-of-way, yard\nfacilities, signalling devices, automatic protective devices, third rail\nand catenary systems, electric power transmission and distribution\nfacilities, bridges, tunnels and other roadway structures and facilities\nused by such railroad in its railroad operations;\n d. With respect to the portion of any such station which is not\nrequired by the railroad for the sale of passenger tickets, the handling\nof baggage, mail and freight or its railroad operations, the\nmunicipality or, if the contracting municipality is a county, the city,\ntown or village within which such station is located, with the consent\nof such county, or if the contracting municipality is a town, the\nvillage within which such station is located, with the consent of such\ntown, may use the same for public purposes, or may lease the same to\nothers for uses generally available to or serving the general public,\nincluding but not limited to access to the railroad and related\nservices, facilities for the convenience and comfort of the general\npublic, the parking of vehicles, public assembly, recreation, cultural\nactivities, shelter, and terminal facilities for other modes of\ntransportation; and\n e. Such contract shall expire not later than the first day of July\nnext succeeding its effective date.\n Any contract made pursuant to this subdivision may contain such other\nterms and conditions, not inconsistent with the foregoing, as the\nmunicipality and the railroad may agree.\n 3. The municipality may provide the operation and maintenance required\nunder such contract through its own employees or agents, or may, in its\ndiscretion, arrange for the performance of such operation and\nmaintenance by the contracting railroad or, if the contracting\nmunicipality is a county, by the city, town or village within which such\nstation is located, or, if the contracting municipality is a town, by\nthe village within which such station is located. The county, and any\ncity, town or village performing such operation and maintenance, are\nhereby authorized to repair, reconstruct, refurbish, paint, alter and\notherwise maintain such station subject, however, to the provisions of\nthe contract entered into between the contracting municipality and such\nrailroad pursuant to this section.\n 4. The maintenance and operation of such stations are hereby declared\ncounty, city and town purposes. The cost of any part thereof shall be a\ncounty, city or town charge, as the case may be, and shall be paid from\nfunds of the municipality appropriated, raised and expended in the\nmanner provided by law for general county, city or town purposes. Such\nfunds shall be appropriated or made available in accordance with\napplicable law (a) in the budget of the municipality or in any amendment\nor modification thereof, (b) by supplemental or emergency appropriation,\n(c) by transfer of appropriations, or (d) from a contingent fund, the\nunexpended balance of any appropriation, unanticipated revenues, any\nunappropriated unreserved fund balance, as defined in section six-e of\nthis chapter, or similar source.\n 5. All action authorized to be taken hereunder by a municipality shall\nbe taken by its governing board by local law, ordinance or resolution\nand, in the case of a county, upon the recommendation of or with the\nseparate approval of its county executive, and any such local law,\nordinance or resolution may be amended from time to time.\n 6. No contract entered into by a municipality pursuant to this section\nshall be effective until the terms and conditions thereof shall have\nbeen approved by the public service commission and the state\ncommissioner of transportation.\n