Title RAT, Rapid Transit

Section 1. Short title. This chapter shall be known as the rapid\ntransit law.\n

§ 10. Board of transportation established; appointment; term; removal.\na. There shall be a board of transportation in the city. Such board\nshall possess the powers and duties hereinafter specified. The board\nshall consist of three members, to be appointed by the mayor of such…

§ 100. Construction of chapter. a. This chapter shall not be\nconstrued to repeal or in any manner affect article six of the railroad\nlaw, except so far as such article would, if this chapter had not been\npassed, authorize the appointment hereafter of any commissioners applied…

§ 101. Construction of terms. Whenever the term public service\ncommission, or board of rapid transit railroad commissioners, or transit\nconstruction commissioner, or transit commission, occurs in any law,\ncontract or document relating to a subject or matter jurisdiction\nwher…

§ 102. Additional powers and duties of commission and board of\ntransportation. Subject to the provisions of this chapter, the\ncommission and the board of transportation within their respective\njurisdictions, shall have such powers as may be requisite to the\nefficient perform…

§ 103. Exemption from taxation. The bonds and securities issued by\nthe city and the income or profits therefrom, the railroads and property\nowned by the city and the gross receipts or income derived from such\nrailroads and property or from the operation thereof, and the\ntran…

§ 104. Transfer of officers and employees. Officers and employees of\nthe transit commission exercising functions and performing service in\nrespect to subject or matters, jurisdiction of which was transferred to\nthe board of transportation, shall be eligible for transfer and\n…

§ 105. Transfer of records. The transit commission shall transfer and\ndeliver to the board of transportation all contracts, books, maps,\nplans, papers and records of whatever description pertaining to subjects\nor matters, jurisdiction whereof was transferred to the board of\n…

§ 106. Records; prima facie evidence. The record of the proceedings\nof the board of transportation, and the records and printed minutes of\nthe transit commission, of the former transit construction commissioner,\nof the former public service commission for the first district, …

§ 107. Pending actions and proceedings. This chapter shall not affect\nany action or proceeding, civil or criminal, brought by or against the\ntransit commission, or the former transit construction commissioner,\npublic service commission for the first district, or the board of …

§ 108. Continuity of jurisdiction. The board of transportation shall\nbe deemed and held to constitute a continuation, as to matters within\nits jurisdiction, of the transit commission, and not as a new\ncommission, for the purpose of succession to all such of the rights,\npower…

§ 109. Inconsistent laws inapplicable. The provisions of any laws or\nparts of laws which are inconsistent with this chapter, and in so far\nonly as they are inconsistent with this chapter, shall have no\napplication to the rights, powers and obligations conferred or created\nby…

§ 11. Meeting of board; official seal. The board of transportation\nshall hold stated meetings at least once a month during the year at its\nprincipal office. The board shall have an official seal, the design of\nwhich shall be adopted by the board and filed with the city clerk.…

§ 110. Separability. If any clause, sentence, paragraph, section or\npart of this chapter shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\…

§ 111. Legislative intent. Insofar as this chapter revises,\nconsolidates, codifies, continues or restates the provisions of the\nrapid transit act, as amended and supplemented, and articles seven and\neight of the public service law in force when this chapter shall take\neffect…

§ 112. Schedule of laws repealed. Of the laws enumerated in the\nschedule hereto annexed, that portion specified in the last column is\nhereby repealed.\n

§ 113. Effective date. This act shall take effect immediately.\n

§ 12. Record of proceedings. The secretary of the board of\ntransportation, or other officer or employee designated by it, shall\nkeep a full and true record of all its proceedings. The record of\nproceedings shall be printed as the minutes of the transactions of the\nboard.\n

§ 13. Actions and proceedings. a. The board of transportation may sue\nin the name and behalf of the city. It may in the name of and in behalf\nof the city bring action of specific performance or may bring a special\nproceeding to compel the performance within such city by any p…

§ 14. Offices, assistants and employees. a. The board of\ntransportation may rent such offices for a period not to exceed\ntwenty-one years and employ such deputy commissioners, engineers,\nattorneys and other persons, from time to time, as, in its discretion,\nit may deem neces…

§ 15. Payment of salaries and expenses. The salaries of the members\nof the board of transportation and the salaries and expenses paid or\nincurred in the exercise of their powers and duties shall be chargeable\nto such city, and shall be audited and paid as follows: The board o…

§ 16. Vacations. The board of transportation shall grant to every\nemployee under its supervision, who shall have been in such employ for\nat least one year, a vacation of not less than two weeks in each year\nand for employees in such employ less than one year, a vacation\npro-…

§ 16-a. Sick leave. 1. Subject to the limitations hereinafter set\nforth, the New York city transit authority, successor to the board of\ntransportation of the city of New York under title fifteen of article\nseven of the public authorities law and hereinafter referred to as the…

§ 17. Advertising for proposals. The board of transportation before\nawarding any contract except where there is an extraordinary emergency\ninvolving danger to life or property or where the estimated expense of a\ncontract does not exceed twenty-five thousand dollars shall adve…

§ 2. Definitions. a. Unless expressly otherwise provided, whenever\nused in this chapter, the following terms shall mean or include:\n 1. "Board of assessors." The board in the city charged with the duty\nof making assessments for assessable improvements other than those\nrequir…

§ 20. Board of transportation to determine necessity for railroads;\nroutes; plan; consents; streets excepted. a. The board of\ntransportation upon its own motion may proceed, from time to time, to\nconsider and determine whether it is for the interest of the public and\nthe cit…

§ 21. Approval and consent of board of estimate and the mayor. a.\nAfter any determination by the board of transportation of any such route\nand of any general plan of construction or establishment of such\nrailroad the board shall transmit to the board of estimate a copy of\nsu…

§ 21-a. Construction and equipment of a rapid transit railroad tunnel\nor tunnels. a. The city of New York and the New York city transit\nauthority, acting under and pursuant to the provisions of this chapter\nand of title nine of article five of the public authorities law, are\…

§ 21-b. Construction and equipment of a rapid transit railroad line.\n1. The New York city transit authority, acting under and pursuant to the\nprovisions of this chapter and of title nine of article five of the\npublic authorities law, is hereby authorized to effect the constru…

§ 22. Detailed plans; sub-surface structures. a. When the consents of\nthe board of estimate, the mayor and the property owners, or, in lieu\nthereof, the authorization of such appellate division of the supreme\ncourt upon the report of commissioners, shall have been obtained, t…

§ 23. Interference with tracks and sub-surface structures. a.\nWherever or whenever the route selected by the board of transportation\nor one of its predecessors for the construction of such railroad shall\nintersect, cross or coincide with any railroad track occupying the\nsurf…

§ 30. General powers of board of transportation. The board of\ntransportation is empowered to operate any railroad acquired, owned,\nconstructed, or provided by such city in accordance with the provisions\nof law. The board of transportation shall also be empowered to purchase\n…

§ 31. Municipal construction of railroads. It shall be the duty of\nthe board of transportation to consider the routes, plans and\nspecifications, if any, previously laid out and adopted by them or their\npredecessors, and for which the consents have been obtained referred to\ni…

§ 32. Maintenance and operation by the board of transportation. a. If\nin the opinion of the board of estimate and the mayor, or in the opinion\nof the board of transportation, either a contract for equipment,\nmaintenance and operation, or a contract for maintenance and operati…

§ 33. Acquisition of railroads or interests therein. a. The board of\ntransportation, with the approval of the board of estimate and the\nmayor, may purchase, or acquire an option to purchase from time to time,\nfor such price and upon such terms and conditions as may be agreed …

§ 33-a. Lease by the city of railroad. 1. Such city may lease from any\nrailroad corporation any railroad or steam surface railroad located\nwholly within one county in such city, or may lease from any railroad\ncorporation any part of any railroad or steam surface railroad with…

§ 34. Issue of bonds by city. a. For the purpose of providing the\nnecessary means for such construction, or equipment, or both, as the\ncase may be, or acquiring by purchase, at the public expense, of any\nsuch road or subsurface structures, and the necessary means to pay for\n…

§ 35. Vehicular tunnels and other means of transportation. a.\nNotwithstanding any provisions to the contrary contained in any city\ncharter, administrative code, or in any general, special or local law,\nthe board of transportation may act as the agent of any such city, at\nthe…

§ 36. Rates of fare. The board of transportation, with the approval of\nthe mayor, is hereby empowered to fix and adjust from time to time the\nrate of fare that may be charged any passenger traveling on any railroad\npublicly or municipally operated pursuant to the authority of…

§ 36-a. Municipal operation; deficiencies. If the board of\ntransportation shall undertake or engage in public or municipal\noperation of any railroad pursuant to the authority of this chapter, the\ncity shall provide for the payment of any expenses of operation,\nmaintenance, i…

§ 37. Municipal operation; revenue and accounts; operating and other\nfunds. a. The aggregate amount of the gross receipts of moneys derived\ndirectly or indirectly from or in connection with the operation by the\ncity of any road shall be known as the revenue thereof. Such reve…

§ 38. Notwithstanding any other provision of law, the board of\nestimate or other analogous local authority of any such city is\nauthorized to issue evidences of indebtedness to be known as budget\nnotes in an aggregate amount not to exceed nineteen million dollars, for\nthe pur…

§ 40. Contract for equipment, maintenance and operation. a. Subject\nto the approval of the board of estimate and of the mayor, the board of\ntransportation shall have full power and authority to provide for the\nmaintenance, supervision, care and operation of any railroad and a…

§ 41. Contract for maintenance and operation. a. If in the opinion of\nthe board of estimate and the mayor, a contract for the equipment,\nmaintenance and operation as provided for in the preceding section shall\nbe inexpedient, impracticable or prejudical to the public interest…

§ 42. Contract for construction or operation. a. Every contract for\nthe construction or operation of such road shall provide by proper\nstipulations and covenants on the part of the city, that the city shall\nsecure and assure to the contractor, so long as the contractor shall\…

§ 43. Persons with whom contracts may be made. Nothing contained in\nthis chapter shall be deemed, or be construed as intending to limit, or\nas limiting, in any manner, the discretion of the board of\ntransportation, provided in the opinion of the board of estimate and the\nmay…

§ 44. Modification of and changes in contracts. a. The board of\ntransportation for and on behalf of the city, from time to time with the\nconsent, in writing, of the bondsmen or sureties of a person, who has\ncontracted with such board or its predecessors to construct, equip,\n…

§ 45. Extensions and additional lines. a. Whenever the board of\ntransportation shall determine that the public interests so require, it\nmay with the approval of the board of estimate and the mayor, without\nadvertising for proposals, but only after a public hearing under secti…

§ 46. Franchise for private construction, maintenance and operation.\na. If or when the necessary consents have been obtained and the detailed\nplans and specifications have been prepared by the board of\ntransportation for a railroad, such board, with the approval of the\nboard…

§ 50. Acquisition of property. a. For the purpose of constructing or\noperating any road for the construction or operation of which a contract\nshall have been made by the board of transportation or any of its\npredecessors, or for the purpose of constructing or operating any pa…