New York Laws
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; 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.

Structure New York Laws