2006 New York Code - State debt for elimination of railroad crossings at grade; expenses; how borne; construction and reconstruction of state highways and parkways.

 
    §  14.  The legislature may authorize by law the creation of a debt or
  debts of the state, not exceeding in the aggregate three hundred million
  dollars, to provide moneys for the elimination, under state supervision,
  of railroad crossings at grade within  the  state,  and  for  incidental
  improvements  connected  therewith  as  authorized  by this section. The
  provisions of this article, not inconsistent with this section, relating
  to the issuance of bonds for a debt  or  debts  of  the  state  and  the
  maturity  and  payment  thereof,  shall  apply  to a state debt or debts
  created pursuant to this section; except that the  law  authorizing  the
  contracting  of  such debt or debts shall take effect without submission
  to the people pursuant to section 11  of  this  article.  The  aggregate
  amount  of  a  state debt or debts which may be created pursuant to this
  section shall not exceed the difference between the amount of  the  debt
  or  debts  heretofore created or authorized by law, under the provisions
  of section 14 of article VII of the constitution in force on July first,
  nineteen hundred thirty-eight, and the  sum  of  three  hundred  million
  dollars.
    The  expense  of  any grade crossing elimination the construction work
  for which was not  commenced  before  January  first,  nineteen  hundred
  thirty-nine,  including  incidental  improvements connected therewith as
  authorized by this section, whether or not an order for such elimination
  shall theretofore have been made, shall be paid  by  the  state  in  the
  first  instance,  but  the  state  shall be entitled to recover from the
  railroad company or companies, by way of reimbursement  (1)  the  entire
  amount   of   the   railroad  improvements  not  an  essential  part  of
  elimination, and (2) the amount of the net benefit  to  the  company  or
  companies  from the elimination exclusive of such railroad improvements,
  the amount of such net benefit to be adjudicated after the completion of
  the work in the manner to be prescribed by  law,  and  in  no  event  to
  exceed  fifteen  per centum of the expense of the elimination, exclusive
  of all  incidental  improvements.  The  reimbursement  by  the  railroad
  companies  shall  be  payable  at  such  times,  in such manner and with
  interest at such rate as the legislature may prescribe.
    The expense of any grade crossing elimination  the  construction  work
  for   which   was  commenced  before  January  first,  nineteen  hundred
  thirty-nine, shall be borne by the state, railroad  companies,  and  the
  municipality or municipalities in the proportions formerly prescribed by
  section  14  of  article VII of the constitution in force on July first,
  nineteen hundred thirty-eight, and the law or laws enacted  pursuant  to
  its  provisions,  applicable  to  such  elimination,  and subject to the
  provisions of such former section and law or laws, including advances in
  aid of any railroad company or municipality, although  such  elimination
  shall  not  be  completed  until  after  January first, nineteen hundred
  thirty-nine.
    A grade crossing elimination the construction work for which shall  be
  commenced  after  January  first,  nineteen  hundred  thirty-nine, shall
  include incidental improvements rendered necessary or desirable  because
  of  such  elimination,  and reasonably included in the engineering plans
  therefor. Out of the balance of all moneys  authorized  to  be  expended
  under  section  14  of  article VII of the constitution in force on July
  first, nineteen  hundred  thirty-eight,  and  remaining  unexpended  and
  unobligated  on  such  date,  fifty  million  dollars  shall  be  deemed
  segregated for grade crossing eliminations and  incidental  improvements
  in  the  city  of New York and shall be available only for such purposes
  until such eliminations and improvements are completed and paid for.
    Notwithstanding any of the foregoing provisions of  this  section  the
  legislature  is hereby authorized to appropriate, out of the proceeds of
  bonds now or hereafter sold to provide moneys  for  the  elimination  of


  railroad crossings at grade and incidental improvements pursuant to this
  section,  sums  not exceeding in the aggregate sixty million dollars for
  the construction and reconstruction of state highways and parkways.