Section 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.