State Codes and Statutes

Statutes > New-york > Tra > Article-10 > 224

§ 224. Statement  of  expenses;  filing;  reimbursement  of  state for  railroad improvements. Upon the determination of the commissioner of (1)  the cost of such elimination including incidental improvements connected  therewith; (2) the cost of such elimination exclusive of such incidental  improvements; (3) the cost of the railroad improvements not an essential  part of the elimination; (4) the  amount  of  the  net  benefit  to  the  railroad  company  from  the  elimination  exclusive  of  such  railroad  improvements; and (5) if two or more railroad companies be affected, the  proportionate share of such  net  benefit  to  be  borne  by  each,  the  commissioner  shall  cause  to  be  prepared, and filed in his office, a  statement thereof, with a certified copy of such  statement  filed  with  the  comptroller and railroad company affected. The amount determined to  be the cost of railroad improvements  not  an  essential  part  of  such  elimination,  together with such charges therefor as the comptroller may  legally impose, including interest at the rate payable by the  state  on  any  bonds  from the proceeds of which the project has been financed or,  if and to the extent otherwise financed,  at  such  rate  not  exceeding  seven and one-half per centum as the comptroller may determine, shall be  repaid to the state forthwith upon demand by the comptroller. The amount  of  the  net  benefit to a railroad company from an elimination shall be  repaid to the state by such railroad company at such times and  in  such  manner as may be determined by the comptroller together with interest at  the  rate  payable  by the state on any bonds from the proceeds of which  the project has been  financed  or,  if  and  to  the  extent  otherwise  financed,  at  such  rate not exceeding seven and one-half per centum as  the comptroller may determine, within a period  of  not  to  exceed  ten  years from the date of the commissioner's determination, but in no event  shall  the  total  amount  of such repayments, exclusive of interest and  such additional charges as may be legally imposed  by  the  comptroller,  exceed  fifteen  per centum of the expense of such elimination exclusive  of all incidental improvements.    Notwithstanding the preceding paragraph, the commissioner may, at  any  time  after  the  work  of  an  elimination has been commenced, direct a  hearing for the purpose of determining the cost, or a  portion  thereof,  of  railroad improvements not an essential part of such elimination, and  the amount so determined shall be immediately repayable to the state  in  the manner above provided.    In  the event of the failure or refusal of the railroad company or the  successor thereof, to pay the amount or amounts  specified  and  at  the  times  prescribed,  or  in  the  event  of  dissolution of such railroad  company or successor, the entire indebtedness of such company in process  of dissolution shall become immediately due and payable and  the  amount  or amounts so due and payable may be recovered as follows:    The  comptroller  may certify the amount or amounts so due and payable  to the governing body of the county or counties in which the crossing is  located, whereupon, it shall be the  duty  of  such  governing  body  to  apportion  the  amount  or amounts so certified to the several towns and  cities in such county according to the assessed valuation  of  the  real  property  of  such  railroad  company  or  the successor thereof in such  respective towns  and  cities  and  to  place  the  several  amounts  so  apportioned  on the respective assessment rolls of such towns and cities  and to issue  its  warrant  or  warrants  for  the  collection  thereof.  Thereupon  it  shall  become  the  duty of such towns and cities through  their appropriate officers to collect the respective several amounts  so  apportioned  in  the  same  manner  as other taxes are collected in such  towns and cities and when collected  to  pay  the  same  to  the  county  treasurer of such county who shall thereupon pay the same into the state  treasury. Any amount so levied shall thereupon become and be a first andparamount  lien  upon  all real property of such railroad company or the  successor thereof within such respective towns and cities.    All  moneys  received  by  the  comptroller from a railroad company in  payment of the amounts due the state from such company as  the  cost  of  railroad  improvements  not  an  essential part of an elimination or the  amount of net benefit for such railroad company shall be credited to the  grade crossing elimination debt fund, established by section  ninety-six  of the state finance law.    Upon  the  completion of work on the railroad tracks or other railroad  facilities which has been performed by the railroad  company  forces  at  the  direction of the commissioner, there shall be an accounting and the  commissioner shall certify to the comptroller the amount of the  payment  which is due from the state to such railroad company. Such payment shall  be  made out of the state treasury to such railroad company on vouchers,  approved by  the  commissioner,  upon  the  audit  and  warrant  of  the  comptroller.  From  time  to time, prior to the completion of such work,  intermediate accountings may be had and payments  made  thereon  in  the  same manner as the final accounting.

State Codes and Statutes

Statutes > New-york > Tra > Article-10 > 224

§ 224. Statement  of  expenses;  filing;  reimbursement  of  state for  railroad improvements. Upon the determination of the commissioner of (1)  the cost of such elimination including incidental improvements connected  therewith; (2) the cost of such elimination exclusive of such incidental  improvements; (3) the cost of the railroad improvements not an essential  part of the elimination; (4) the  amount  of  the  net  benefit  to  the  railroad  company  from  the  elimination  exclusive  of  such  railroad  improvements; and (5) if two or more railroad companies be affected, the  proportionate share of such  net  benefit  to  be  borne  by  each,  the  commissioner  shall  cause  to  be  prepared, and filed in his office, a  statement thereof, with a certified copy of such  statement  filed  with  the  comptroller and railroad company affected. The amount determined to  be the cost of railroad improvements  not  an  essential  part  of  such  elimination,  together with such charges therefor as the comptroller may  legally impose, including interest at the rate payable by the  state  on  any  bonds  from the proceeds of which the project has been financed or,  if and to the extent otherwise financed,  at  such  rate  not  exceeding  seven and one-half per centum as the comptroller may determine, shall be  repaid to the state forthwith upon demand by the comptroller. The amount  of  the  net  benefit to a railroad company from an elimination shall be  repaid to the state by such railroad company at such times and  in  such  manner as may be determined by the comptroller together with interest at  the  rate  payable  by the state on any bonds from the proceeds of which  the project has been  financed  or,  if  and  to  the  extent  otherwise  financed,  at  such  rate not exceeding seven and one-half per centum as  the comptroller may determine, within a period  of  not  to  exceed  ten  years from the date of the commissioner's determination, but in no event  shall  the  total  amount  of such repayments, exclusive of interest and  such additional charges as may be legally imposed  by  the  comptroller,  exceed  fifteen  per centum of the expense of such elimination exclusive  of all incidental improvements.    Notwithstanding the preceding paragraph, the commissioner may, at  any  time  after  the  work  of  an  elimination has been commenced, direct a  hearing for the purpose of determining the cost, or a  portion  thereof,  of  railroad improvements not an essential part of such elimination, and  the amount so determined shall be immediately repayable to the state  in  the manner above provided.    In  the event of the failure or refusal of the railroad company or the  successor thereof, to pay the amount or amounts  specified  and  at  the  times  prescribed,  or  in  the  event  of  dissolution of such railroad  company or successor, the entire indebtedness of such company in process  of dissolution shall become immediately due and payable and  the  amount  or amounts so due and payable may be recovered as follows:    The  comptroller  may certify the amount or amounts so due and payable  to the governing body of the county or counties in which the crossing is  located, whereupon, it shall be the  duty  of  such  governing  body  to  apportion  the  amount  or amounts so certified to the several towns and  cities in such county according to the assessed valuation  of  the  real  property  of  such  railroad  company  or  the successor thereof in such  respective towns  and  cities  and  to  place  the  several  amounts  so  apportioned  on the respective assessment rolls of such towns and cities  and to issue  its  warrant  or  warrants  for  the  collection  thereof.  Thereupon  it  shall  become  the  duty of such towns and cities through  their appropriate officers to collect the respective several amounts  so  apportioned  in  the  same  manner  as other taxes are collected in such  towns and cities and when collected  to  pay  the  same  to  the  county  treasurer of such county who shall thereupon pay the same into the state  treasury. Any amount so levied shall thereupon become and be a first andparamount  lien  upon  all real property of such railroad company or the  successor thereof within such respective towns and cities.    All  moneys  received  by  the  comptroller from a railroad company in  payment of the amounts due the state from such company as  the  cost  of  railroad  improvements  not  an  essential part of an elimination or the  amount of net benefit for such railroad company shall be credited to the  grade crossing elimination debt fund, established by section  ninety-six  of the state finance law.    Upon  the  completion of work on the railroad tracks or other railroad  facilities which has been performed by the railroad  company  forces  at  the  direction of the commissioner, there shall be an accounting and the  commissioner shall certify to the comptroller the amount of the  payment  which is due from the state to such railroad company. Such payment shall  be  made out of the state treasury to such railroad company on vouchers,  approved by  the  commissioner,  upon  the  audit  and  warrant  of  the  comptroller.  From  time  to time, prior to the completion of such work,  intermediate accountings may be had and payments  made  thereon  in  the  same manner as the final accounting.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tra > Article-10 > 224

§ 224. Statement  of  expenses;  filing;  reimbursement  of  state for  railroad improvements. Upon the determination of the commissioner of (1)  the cost of such elimination including incidental improvements connected  therewith; (2) the cost of such elimination exclusive of such incidental  improvements; (3) the cost of the railroad improvements not an essential  part of the elimination; (4) the  amount  of  the  net  benefit  to  the  railroad  company  from  the  elimination  exclusive  of  such  railroad  improvements; and (5) if two or more railroad companies be affected, the  proportionate share of such  net  benefit  to  be  borne  by  each,  the  commissioner  shall  cause  to  be  prepared, and filed in his office, a  statement thereof, with a certified copy of such  statement  filed  with  the  comptroller and railroad company affected. The amount determined to  be the cost of railroad improvements  not  an  essential  part  of  such  elimination,  together with such charges therefor as the comptroller may  legally impose, including interest at the rate payable by the  state  on  any  bonds  from the proceeds of which the project has been financed or,  if and to the extent otherwise financed,  at  such  rate  not  exceeding  seven and one-half per centum as the comptroller may determine, shall be  repaid to the state forthwith upon demand by the comptroller. The amount  of  the  net  benefit to a railroad company from an elimination shall be  repaid to the state by such railroad company at such times and  in  such  manner as may be determined by the comptroller together with interest at  the  rate  payable  by the state on any bonds from the proceeds of which  the project has been  financed  or,  if  and  to  the  extent  otherwise  financed,  at  such  rate not exceeding seven and one-half per centum as  the comptroller may determine, within a period  of  not  to  exceed  ten  years from the date of the commissioner's determination, but in no event  shall  the  total  amount  of such repayments, exclusive of interest and  such additional charges as may be legally imposed  by  the  comptroller,  exceed  fifteen  per centum of the expense of such elimination exclusive  of all incidental improvements.    Notwithstanding the preceding paragraph, the commissioner may, at  any  time  after  the  work  of  an  elimination has been commenced, direct a  hearing for the purpose of determining the cost, or a  portion  thereof,  of  railroad improvements not an essential part of such elimination, and  the amount so determined shall be immediately repayable to the state  in  the manner above provided.    In  the event of the failure or refusal of the railroad company or the  successor thereof, to pay the amount or amounts  specified  and  at  the  times  prescribed,  or  in  the  event  of  dissolution of such railroad  company or successor, the entire indebtedness of such company in process  of dissolution shall become immediately due and payable and  the  amount  or amounts so due and payable may be recovered as follows:    The  comptroller  may certify the amount or amounts so due and payable  to the governing body of the county or counties in which the crossing is  located, whereupon, it shall be the  duty  of  such  governing  body  to  apportion  the  amount  or amounts so certified to the several towns and  cities in such county according to the assessed valuation  of  the  real  property  of  such  railroad  company  or  the successor thereof in such  respective towns  and  cities  and  to  place  the  several  amounts  so  apportioned  on the respective assessment rolls of such towns and cities  and to issue  its  warrant  or  warrants  for  the  collection  thereof.  Thereupon  it  shall  become  the  duty of such towns and cities through  their appropriate officers to collect the respective several amounts  so  apportioned  in  the  same  manner  as other taxes are collected in such  towns and cities and when collected  to  pay  the  same  to  the  county  treasurer of such county who shall thereupon pay the same into the state  treasury. Any amount so levied shall thereupon become and be a first andparamount  lien  upon  all real property of such railroad company or the  successor thereof within such respective towns and cities.    All  moneys  received  by  the  comptroller from a railroad company in  payment of the amounts due the state from such company as  the  cost  of  railroad  improvements  not  an  essential part of an elimination or the  amount of net benefit for such railroad company shall be credited to the  grade crossing elimination debt fund, established by section  ninety-six  of the state finance law.    Upon  the  completion of work on the railroad tracks or other railroad  facilities which has been performed by the railroad  company  forces  at  the  direction of the commissioner, there shall be an accounting and the  commissioner shall certify to the comptroller the amount of the  payment  which is due from the state to such railroad company. Such payment shall  be  made out of the state treasury to such railroad company on vouchers,  approved by  the  commissioner,  upon  the  audit  and  warrant  of  the  comptroller.  From  time  to time, prior to the completion of such work,  intermediate accountings may be had and payments  made  thereon  in  the  same manner as the final accounting.

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