Article 5. STREET SURFACE RAILROADS  


Section 170. Street surface railroads; general provisions
Section 171. Consent of property owners and local authorities
Section 172. Consent of local authorities; how procured
Section 173. Condition upon which consent shall be given; sale of franchise at public auction
Section 173-A. The term "terminable permit" as used in this article shall mean and embrace every grant from a city, town or village of power, right or privilege to occupy or use any of the streets, roads, highways, avenues, parks or public places of such city, town or village for the construction and operation of a street surface railroad, until such time as the city, town or village shall exercise its right to purchase the property, plant and equipment of such street surface railroad in accordance with the provisions of sections one hundred and seventy-three-a to one hundred and seventy-three-h, both inclusive, of this article, or until it shall be otherwise terminated according to law
Section 173-B. Every city, town and village of this state, in addition to such powers as it may have relating to the granting of rights, privileges, franchises, powers or consents to use the streets, roads, highways, avenues, parks or public places for the construction and operation of street surface railroads within its corporate limits, shall have power, subject to the provisions of sections one hundred and seventy-three-a to one hundred and seventy-three-h, both inclusive, of this article, to grant to a duly incorporated railroad corporation of this state, organized to construct, maintain and operate a street surface railroad, a terminable permit to occupy or use any of the streets, roads, highways, avenues, parks or public places of such city, town or village for the construction and operation of a street surface railroad, and to agree upon and contract for the terms and conditions thereof; provided that no street surface railroad or extensions or branches thereof shall be built, extended or operated unless the conditions set forth in section one hundred and seventy-one of this article have been complied with
Section 173-C. Every city, town and village of this state shall have power, subject to the provisions of sections one hundred and seventy-three-a to one hundred and seventy-three-h, both inclusive, of this article, to enter into an agreement for the purchase of and to acquire by purchase all or any part of the property, plant and equipment of a street surface railroad, actually used and useful for the convenience of the public, operating under any terminable permit as herein provided, and upon the purchase thereof to operate such street surface railroad or part thereof, or to contract with any person, firm or corporation for the equipment, maintenance and operation thereof
Section 173-D. Whenever any street surface railroad is or may be operated along or upon any of the streets, roads, highways, avenues, parks or public places of any city, town or village, as to the construction and operation of which railroad the conditions set forth in section one hundred and seventy-one of this article have been complied with, or as to which such conditions are inapplicable, every such city, town or village shall have power to amend any existing license, grant, franchise or permit, or any of the terms, provisions or conditions thereof, whether granted by municipal authority or directly or indirectly by the state or otherwise, or any consent of local authorities, or any of the terms, provisions or conditions thereof, relating to the construction and operation of such railroad; and every city, town and village of this state shall have power by amendment to incorporate in any such license, grant, franchise, permit or consent all or any of the terms, agreements, stipulations and conditions of a terminable permit as herein authorized and defined; provided, however, that the amendment of any such license, grant, franchise, permit or consent shall only be made with the consent and agreement of the person, firm or corporation owning such license, grant, franchise, permit or consent or operating the street surface railroad thereunder
Section 173-E. The acceptance of a terminable permit, or the acceptance of an amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms of a terminable permit, shall constitute a consent by the street surface railroad corporation or corporations, or other person, firm or corporation so accepting the same to the purchase by the city, town or village of all or any part of the street surface railroad property, plant and equipment actually used and useful for the public and situated within the corporate limits of the city, town or village, as provided for in this article
Section 173-F. Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms of a terminable permit, shall contain an irrevocable option for the purchase by the city, town or village, either directly or through its nominee or nominees, of all or any part of the property, plant and equipment of the street surface railroad at any time, at a price agreed upon or to be ascertained and determined in a manner agreed upon at the time of the granting of the permit or amendment and to be set forth therein
Section 173-G. Approval of permit or amendment by commissioner of transportation
Section 173-H. Existing license, grant, franchise, permit or consent reinstated on invalidity of amendment
Section 174. Proceedings if property owners do not consent
Section 175. Percentage of gross receipts to be paid in cities or villages; report of officers
Section 176. Extension of route over rivers; terminus in other counties; when property owners withhold consent; supreme court may appoint commissioners
Section 177. Use of tracks of other roads
Section 178. Repair of streets; rate of speed; removal of ice and snow
Section 178-A. Headlights
Section 179. Within what time road to be built
Section 180. Motive power
Section 181. Rate of fare
Section 182. Collection of fare
Section 183. Construction of road in street where other road is built
Section 184. Abandonment of part of route
Section 185. Effect of dissolution of charter as to consents
Section 186. Corporate rights saved in case of failure to complete road; right to operate branches; conditions; former consents ratified; limitations
Section 187. Extensions and franchises confirmed
Section 188. Certain consents of local authorities confirmed
Section 189. Time extended for payment of percentage based on gross receipts
Section 191. Road not to be constructed upon ground occupied by public buildings or in public parks
Section 192. Center-bearing rails prohibited
Section 192-A. Relocation of tracks
Section 193. Right to cross bridge substituted for a bridge crossed for five years
Section 194. Protection of employees
Section 195. Platforms on new cars, how constructed
Section 196. Protection to employees in the counties of Albany and Rensselaer
Section 197. Protection of employees in the counties of Kings and Queens
Section 198. Contracts for the adjustment of payments due certain cities
Section 201. Construction of park railroads in cities having a population of one million five hundred thousand or upwards
Section 202. Consents of property owners
Section 203. Expense of construction and operation
Section 204. Agreements for payment of cost of construction by instalments
Section 205. Disposition of income
Section 206. Motive power
Section 207. Railroads in parks in New York city, by whom constructed
Section 209. Change of motive power authorized
Section 210. New streets across other than steam surface railroads