Section 98-A. Acquisition and lease of railroad facilities  


Latest version.
  • 1. Two or more
      cities, towns or villages in the same county or adjoining  counties  may
      jointly acquire, by purchase, lease, condemnation or otherwise, railroad
      rights-of-way and other railroad facilities and property, except rolling
      stock,  located  in such county or counties, and may lease the same to a
      railroad corporation, for periods not in excess of one year and expiring
      not later than the first day of July next succeeding the effective  date
      of such lease, subject to an agreement for the maintenance and operation
      of  such  rights-of-way,  facilities  and property for public use in the
      transportation of persons or property.
        2. The local law, ordinance or resolution providing  for  such  action
      shall  be  adopted  by the governing board of each such municipality and
      shall create a committee, to be at all times composed of members of each
      of such boards, to acquire such rights-of-way, facilities and  property,
      in the name of the municipalities jointly, and as their joint agent, and
      may  specify  matters  as  to  which  the  action of the committee shall
      require the joint approval of such boards. The local law,  ordinance  or
      resolution  shall  also  prescribe  the  proportions of the cost of such
      project to be borne by the respective municipalities.
        3. The acquisition and lease of  such  rights-of-way,  facilities  and
      property  are  hereby  declared  city,  town  and  village purposes. The
      expenses incurred in connection  herewith  shall  be  a  city,  town  or
      village charge, as the case may be, and may be paid for by appropriation
      of  moneys  available  therefor  or  may  be  financed  in whole or part
      pursuant to the local finance law. The period of probable usefulness  of
      any  indebtedness  contracted  pursuant  to this section shall be thirty
      years.
        4. Such local law, ordinance or resolution may be amended from time to
      time with the  concurrence  of  each  of  such  boards,  and  additional
      municipalities  may  be included therein, in the same manner and subject
      to the same conditions as were applicable to the original municipalities
      participating therein.
        5. In the event of the abandonment of such project, all rights-of-way,
      facilities and property acquired by the participating municipalities may
      be  sold  and  the  proceeds  distributed  in  the  same  proportion  as
      contributions were made.
        6.  No  acquisition,  lease or agreement entered into pursuant to this
      section after the effective date of this subdivision shall be  effective
      until  the  terms and conditions thereof shall have been approved by the
      state commissioner of transportation.