NY Gen Mun L § 98 (2021)
2021 New York Laws GMU - General Municipal Article 5 - Powers, Limitations and Liabilities 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; ande. 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.