New York RAT Code § 45

Extensions and additional lines
Open in Lexace · Ask the AI about this section
§ 45. Extensions and additional lines. a. Whenever the board of\ntransportation shall determine that the public interests so require, it\nmay with the approval of the board of estimate and the mayor, without\nadvertising for proposals, but only after a public hearing under section\nthirty-four of this chapter, enter into a contract with the person\nowning, operating or agreeing to operate, any existing railroad for the\nconstruction, equipment, maintenance and operation, or for the\nequipment, maintenance and operation of any additional or proposed\nrailroad to be owned by the city for which necessary consents as\nprovided in section twenty-one of this chapter shall have been obtained,\nprovided that such proposed railroad shall be operated in conjunction\nwith such existing railroad for a single fare. Such contract for the\nequipment, maintenance and operation of such road or any portion thereof\nmay be made and entered into before consents shall have been obtained\ntherefor as provided in section twenty-one of this chapter. In such case\nsuch contract for equipment, maintenance and operation of such road or\nany portion thereof shall be upon condition that such contract shall not\nbecome operative or go into effect as to such road or such portion\nthereof unless and until the city shall acquire the right to construct\nsuch road or portion thereof by obtaining such consents.\n  b. Such contract for construction, equipment, maintenance and\noperation or for equipment, maintenance and operation may be made in\neither of the two following ways:\n  1. If such existing railroad be wholly or in part within the limits of\nthe city, such contract may be made under and pursuant to the provisions\nof sections thirty-one, forty, and forty-two, so far as such sections\nshall be applicable, with the railroad corporation owning or actually\noperating or agreeing to operate such existing railroad, but the term\nfor equipment, maintenance and operation of such proposed road, as\nspecified in such contract, pursuant to such sections, shall not be for\na period longer than the unexpired term of the franchise or contract for\nthe maintenance and operation of such existing railroad and any renewals\nprovided for in such franchise or contract.\n  2. If such existing railroad be a rapid transit railroad constructed\nwholly or in part at the public expense under the provisions of the\nrapid transit act or this chapter and wholly or in part in operation\nsuch contract may be made with the person having the contract for the\nconstruction and operation of such existing rapid transit railroad by\nthe terms of which such proposed rapid transit railroad if not\nconstructed or to be constructed by the board of transportation under\nseparate construction contracts shall be constructed as extra work under\nthe terms of such existing contract either without expense to the city\nor for such sum of money or such proportion of the actual cost thereof\nas may be agreed upon to be paid by such city for or toward the\nconstruction thereof, the railroad when so completed as extra work to be\nsubject to the terms and conditions of such original contract except so\nfar as shall be otherwise specified and agreed.\n  c. Every such contract for such construction, equipment, maintenance\nand operation or for such equipment, maintenance and operation of such\nproposed railroad made in either of the foregoing specified ways, shall\nalso make provision that the city, upon giving a specified notice, may\nterminate the contract for equipment, maintenance and operation of any\nsuch proposed railroad as to all and if deemed advisable as to any\nspecified portion thereof at any time after the expiration of ten years\nfrom the date when operation of any part of such proposed railroad or of\nsuch specified portion thereof shall actually begin, but such right of\ntermination of any such contract shall be upon condition as follows:\n  1. If the title to the equipment of such propose

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.