§ 32 — Maintenance and operation by the board of transportation

§ 32. Maintenance and operation by the board of transportation. a. If\nin the opinion of the board of estimate and the mayor, or in the opinion\nof the board of transportation, either a contract for equipment,\nmaintenance and operation, or a contract for maintenance and operation\nas provided in this chapter would be inexpedient, impracticable or\nprejudicial to the public interest, the board of transportation shall\ndevise and prepare a plan for the maintenance and operation by the board\nof transportation of any railroad which such city owns or is empowered\nto acquire or operate by virtue of any law, and any combination of\ncity-owned railroads, or devise and prepare a plan for leasing under a\ncontract the use of the tracks of any railroad for operation of cars\nthereon during a term of not more than five years for the carrying of\npassengers and property by one or more persons owning or operating any\nrailroad in the city, or organized for the purpose of operating cars as\naforesaid over or upon any such railroad, and when such plan shall have\nbeen approved by the board of estimate and the mayor, the board of\ntransportation shall either maintain and operate such road for and on\nbehalf of the city, or allow the use of the tracks of such railroad for\nthe operation of cars for the transportation of persons or property by\nany such person. The compensation to be made or the rates of fare\nprovided for shall be stated by such board of transportation in any\noperating contract or plan aforesaid. Whenever it shall seem practicable\nto reduce rates of fare, the reduction shall in the first instance be in\nfavor of school children, and then, next in order, in favor of all the\npublic between six and nine o'clock ante meridian, and between four and\nseven o'clock post meridian, and then for all the public from five\no'clock ante meridian until seven o'clock post meridian, and, lastly,\nfor all the public at all times.\n b. No part of any road, or of its structures and appurtenances,\nconstructed under the authority of this chapter, shall be used for\nadvertising purposes or for any trade, traffic or occupation, other than\nrequired for the operation of such road, except such advertising and\nsuch sale of newspapers, periodicals, magazines, books, flowers,\nconfectionery and other similar articles usually sold in railway\nstations, as from time to time, always with the right of revocation, may\nbe permitted by the board of transportation. Such board, however, may\nauthorize the installation, maintenance and operation of telephones in\nthe stations of such road for public use. Such board of transportation\nmay authorize or enter into a contract for the granting and exercise of\nsuch privileges for such period of years and upon such terms and\nconditions as, in the judgment of such board, the public interests\nrequire.\n