§ 306. Rates, fares, and charges. A railroad redevelopment corporation shall be entitled to maintain such rates, fares, and charges as will enable such corporation to have sufficient operating revenues and other income in any twelve months of its existence as a railroad redevelopment corporation to provide for the following items during that twelve-month period:

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Terms Used In N.Y. Railroad Law 306

  • Amortization: Paying off a loan by regular installments.
  • certificate of approval: when used in this article, shall mean the certificate of approval as it may be amended from time to time. See N.Y. Railroad Law 303
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • costs of the improvement and rehabilitation program: when used in this article, shall include the interest and principal payments on any obligations incurred for such purpose;

    (C) The amount of working cash which such corporation is entitled to have as a minimum throughout its existence as a railroad redevelopment corporation; and an estimate of the amount of funds, if any, of such corporation which, upon its qualification as a railroad redevelopment corporation, and after provision for such amount of working cash and for the payment of such obligations of the debtor or of its trustee or trustees as shall be specified in the certificate, will be available to pay the costs of such improvement and rehabilitation program, or if there be a deficiency in such funds, an estimate of the amount thereof;

    (D) The amount of funds which will be made available to such corporation by its stockholders and the additional amount estimated to become available from other private investors in order to pay the costs of such improvement and rehabilitation program;

    (E) The amount of funds which such corporation will require from its operating revenues and other income in each year of its existence as a railroad redevelopment corporation in order to pay the costs of such improvement and rehabilitation program, which yearly amounts shall be prorated for any other period;

    (F) The limitations, during the period of its existence as a railroad redevelopment corporation, upon the payment of interest or principal on the bonds or other indebtedness of such corporation consented to by the bondholders or other creditors affected thereby and the limitations, during such period, upon the payment of dividends on the capital stock of such corporation, which are necessary and reasonable to carry out the policy and purposes of section three hundred;

    (G) The passenger fares and charges (and the classifications, regulations, and practices pertaining thereto) of such corporation reasonably required when it qualifies as a railroad redevelopment corporation in order to enable it to have sufficient operating revenues and other income to provide for items (1) through (9) enumerated in section three hundred six; and

    (H) Provisions that such corporation shall:

    (1) apply, as soon as practicable,

    (a) the amounts by which its operating revenues and other income during the period of its existence as a railroad redevelopment corporation shall exceed the sums required during such period to provide for items (1) through (8) enumerated in section three hundred six, plus or minus, as the case may be,

    (b) the amount of available funds, or of the deficiency therein, determined pursuant to paragraph (C) of subdivision two, plus

    (c) the amounts received by such corporation from the sources specified in paragraph (D) of subdivision two, only to maintain the amount of working cash determined pursuant to paragraph (C) of subdivision two and to the payment of the costs of such improvement and rehabilitation program; and if the aggregate of said items (a), (b) and (c) shall be more than sufficient for that purpose, to the payment of the costs of such further additions and betterments of such corporation's facilities as it may be permitted or directed to make by order of the commissioner of transportation;

    (2) upon the termination of its existence as a railroad redevelopment corporation, set aside any of the foregoing amounts not so applied during such period in a separate fund to be used only for such purposes; and

    (3) in the event it shall sell any of its capital assets, apply, subject to the provisions of any mortgage or deed of trust covering such property, the proceeds thereof received during the period of its existence as a railroad redevelopment corporation, at its option, either to the payment of the costs of such improvement and rehabilitation program or of other additions or betterments of its facilities. See N.Y. Railroad Law 303

(1) Operating expenses, except (a) accruals and charges for depreciation, amortization, and retirements, and (b) expenses incurred as costs of the improvement and rehabilitation program of such corporation specified in its certificate of approval;

(2) Railway tax accruals;

(3) Equipment and joint facility rents;

(4) Miscellaneous deductions from income;

(5) Rent for leased roads and equipment;

(6) Interest and principal payments on equipment obligations outstanding at the time of its qualification as a railroad redevelopment corporation, and such other deductions and such other payments on its indebtedness and stock as are not prohibited by its certificate of approval;

(7) Expenditures in connection with grade crossing elimination projects, including interest and principal payments on obligations incurred for such purpose before or after the time of its qualification as a railroad redevelopment corporation;

(8) Expenditures for grade crossing protection; bridge construction, reconstruction, and replacement; and similar projects;

(9) The amount, determined by proration if necessary, specified in such corporation's certificate of approval as required in that twelve-month period to pay the costs of such improvement and rehabilitation program; and

(10) The amount of any net deficiency theretofore incurred during its existence as a railroad redevelopment corporation in the aggregate amount required to provide for items (1) through (9).