2006 New York Code - Petition For Improvement Of Highway Where A Street Surface Railroad Is Laid.

 
    §  50.  Petition  for  improvement  of  highway where a street surface
  railroad is laid. Where a street surface railroad shall be laid  in  any
  street,  highway or public place in any town, village, or in any city of
  the second or third classes, which it was heretofore or shall  hereafter
  be  determined  to  pave, improve, reconstruct or repair, as provided in
  this chapter, the municipality may  petition  for  such  improvement  as
  provided  in sections forty-six, forty-seven, forty-eight or forty-nine.
  If such petition is approved by the  department  of  transportation  the
  procedure  to  be  followed  shall  be  that  prescribed in the sections
  mentioned above and the proposals and  contract  for  such  improvement,
  reconstruction  or  repair shall include the improvement, reconstruction
  or repair of the  space  between  the  tracks  of  such  street  surface
  railroad, the rails of such tracks and two feet in width outside of such
  tracks,  and  the  work of improvement, reconstruction or repair in such
  space shall be done at the same time and under the same  supervision  as
  the  work  of  improvement, reconstruction or repair of the remainder of
  such street, highway or public place. The department  of  transportation
  may   prescribe   the   materials  to  be  used  in  paving,  improving,
  reconstructing or repairing such street, highway or public place  within
  the  railroad  space  above described, and upon the proper completion of
  the work, the department of transportation shall certify to the board of
  trustees of such village, or the common council of cities of the  second
  or  third  classes,  as  the  case  may  be,  the  cost of the pavement,
  improvement, reconstruction or repair of such street, highway or  public
  place  within  such  railroad  space,  and  the  entire  expense  of the
  pavement, reconstruction or repair within such  railroad  space  whether
  heretofore  or  hereafter  made or ordered, shall be assessed and levied
  upon the property of the company owning or operating such railroad,  and
  shall  be  collected  in  the  same  manner  as other expenses for local
  improvements are assessed, levied and collected in such town, village or
  city; and an action may also be maintained by the  municipality  against
  the company in any court of record for the collecton of such expense and
  assessment.