N.Y. General Municipal Law § 98: Operation and maintenance of railroad passenger stations in certain municipalities

§ 98. Operation and maintenance of railroad passenger stations in

certain municipalities. 1. For the purposes of this section only,

"municipality" means (i) a county not wholly contained within a city,

(ii) a city having a population of more than twenty-five thousand but

less than one million inhabitants according to the most recent federal

decennial census, and (iii) a town of the first class.

2. Each municipality may from time to time contract with a railroad

corporation providing passenger service by rail to or from any passenger

station within the municipality for the operation and maintenance of one

or more such stations owned or used by such railroad, including the

buildings, appurtenances, platforms, land and approaches incidental or

adjacent thereto, provided, however, that such contract shall contain

provisions pursuant to which:

a. The railroad agrees for the term of such contract not to

discontinue all passenger or all freight service, or petition any

regulatory agency having jurisdiction in respect thereof for permission

to discontinue all passenger or all freight service, to or from such

stations without the consent of the municipality;

b. The railroad agrees for the term of such contract to continue the

operation and maintenance of such existing facilities or portions

thereof as may be required in the public interest for the sale of

passenger tickets and the handling of baggage, mail and freight at such

stations;

c. The railroad shall continue responsible for all railroad operations

and the maintenance and upkeep of all tracks, rights-of-way, yard

facilities, signalling devices, automatic protective devices, third rail

and catenary systems, electric power transmission and distribution

facilities, bridges, tunnels and other roadway structures and facilities

used by such railroad in its railroad operations;

d. With respect to the portion of any such station which is not

required by the railroad for the sale of passenger tickets, the handling

of baggage, mail and freight or its railroad operations, the

municipality or, if the contracting municipality is a county, the city,

town or village within which such station is located, with the consent

of such county, or if the contracting municipality is a town, the

village within which such station is located, with the consent of such

town, may use the same for public purposes, or may lease the same to

others for uses generally available to or serving the general public,

including but not limited to access to the railroad and related

services, facilities for the convenience and comfort of the general

public, the parking of vehicles, public assembly, recreation, cultural

activities, shelter, and terminal facilities for other modes of

transportation; and

e. Such contract shall expire not later than the first day of July

next succeeding its effective date.

Any contract made pursuant to this subdivision may contain such other

terms and conditions, not inconsistent with the foregoing, as the

municipality and the railroad may agree.

3. The municipality may provide the operation and maintenance required

under such contract through its own employees or agents, or may, in its

discretion, arrange for the performance of such operation and

maintenance by the contracting railroad or, if the contracting

municipality is a county, by the city, town or village within which such

station is located, or, if the contracting municipality is a town, by

the village within which such station is located. The county, and any

city, town or village performing such operation and maintenance, are

hereby authorized to repair, reconstruct, refurbish, paint, alter and

otherwise maintain such station subject, however, to the provisions of

the contract entered into between the contracting municipality and such

railroad pursuant to this section.

4. The maintenance and operation of such stations are hereby declared

county, city and town purposes. The cost of any part thereof shall be a

county, city or town charge, as the case may be, and shall be paid from

funds of the municipality appropriated, raised and expended in the

manner provided by law for general county, city or town purposes. Such

funds shall be appropriated or made available in accordance with

applicable law (a) in the budget of the municipality or in any amendment

or modification thereof, (b) by supplemental or emergency appropriation,

(c) by transfer of appropriations, or (d) from a contingent fund, the

unexpended balance of any appropriation, unanticipated revenues, any

unappropriated unreserved fund balance, as defined in section six-e of

this chapter, or similar source.

5. All action authorized to be taken hereunder by a municipality shall

be taken by its governing board by local law, ordinance or resolution

and, in the case of a county, upon the recommendation of or with the

separate approval of its county executive, and any such local law,

ordinance or resolution may be amended from time to time.

6. No contract entered into by a municipality pursuant to this section

shall be effective until the terms and conditions thereof shall have

been approved by the public service commission and the state

commissioner of transportation.