N.Y. Railroad Law 173-F – Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms…
§ 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. Any such permit or amendment may contain provisions for amortizing out of earnings or in accordance with an amortization schedule or schedules to be set forth therein, over a period not exceeding fifty years, the price to be paid for all or such part of the property, plant and equipment of the street surface railroad and for any additions thereto or betterments or improvements thereof, so that upon the exercise of the option the city, town or village, or its nominee or nominees, shall be required to pay only the unamortized portion of such price, and may contain any other terms, agreements, stipulations and conditions as may be authorized by any statute of the state, or as the city, town or village may deem proper and in the public interest, and may provide for the termination thereof for any legal cause.
Terms Used In N.Y. Railroad Law 173-F
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amortization: Paying off a loan by regular installments.
- Statute: A law passed by a legislature.
- 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. See N.Y. Railroad Law 173-A