Section 22-131
§ 22-131 Definitions. As used in this subchapter the following words
shall mean:
1. "Marginal wharf": The area extending inshore from the bulkhead line
shown on any plan for the improvement of the water front adopted
pursuant to law and constructed in accordance with such plan.
2. "Terminal basin": All basins, harbors, graving or loading docks
that may be provided by the inclosure, natural or artificial, of water
for the flotation, protection or handling of shipping or freight, or for
transport service of any class.
3. "Terminal ways": A way or ways constructed or operated for the
transportation of freight to, from, across or along any wharf property,
or canal of or in the city or any extension or extensions, branch or
branches, approach or approaches, siding or sidings, bridge or bridges
thereof or therefor, upon, lying upon, above or below any street,
avenue, road, highway, park or parkway, bridge, viaduct or public place
or slip, canal or waterway, public or private, wharf property, lands and
lands under water of or in the city, including all equipment and
terminal facilities, of every kind used or operated in connection with
any such way so constructed or operated.
4. "Terminal stations": A building or buildings, structure or
structures erected or acquired, occupied or used in connection with
terminal ways for the receipt, handling, delivery or shipment of
freight, including terminal stores and appurtenances and appliances
necessary for the operation thereof, whether such buildings and other
structures or portions thereof are used exclusively for terminal
stations or terminal stores or in part for warehousing, manufacturing or
other purposes.
5. "Terminal stores": A building or buildings or space for the
temporary storage of freight while in the process of delivery, shipment
or transport or for use for general warehouse purposes.
6. "Terminal factories": The space used for manufacture and for the
storage incidental thereto of materials, supplies and products together
with such power, light, machinery, and other facilities therefor as may
be supplied in connection therewith.
7. "Terminal facilities": Any and all terminal way or ways, terminal
station or stations, marginal wharf, terminal basin or basins, terminal
store or stores, wharf property, and transportation of property thereon,
thereby, thereto or therefrom by this subchapter provided for or
mentioned and equipment thereof and therefor.
8. "Equipment": Elevators, conveyors and conveying apparatus, hoists,
shutes, float bridges, transfer bridges and appliances for lighting,
heating, or refrigerating, roadbed, tracks, switches, cross-overs,
spurs, signals, telphers, cars, motors, engines and rolling stock of all
descriptions; tugs, floats and lighters; power plant, sub-stations and
transformers, appliances for transmission of power by third rail,
overhead wires or other means; telephone and telegraph wires and other
means of communication; together with all appurtenances and appliances
appertaining thereto, connected therewith or used in the operation
thereof.
9. "Street": Includes avenue, road, alley, lane, highway, viaduct,
bridge, tunnel, subway, park, parkway, and every class of public road,
square and place, except marginal wharf.
10. "Transportation": Includes any service in connection with the
receipt, delivery, carriage, elevation, transfer in transit, sorting and
handling of the property transported, or the handling of goods on or in
terminal basins, terminal ways, terminal stations, terminal stores or
wharf property by mechanical appliances or other means.
Section 22-132
§ 22-132 Plans. a. The commissioner, when directed by the board of
estimate, or when the commissioner deems it to be for the interest of
the city, shall prepare plans for terminal facilities, which shall
consist of:
1. A map or maps showing the area to be included in such terminal,
together with the location of any buildings, railroad tracks, wharves,
piers, bulkheads and other structures which are to form a part thereof;
2. A description, by metes and bounds, of all property which it is
proposed to acquire by purchase or otherwise as a part of such terminal
facilities.
b. Such plans, or any modification or addition thereto shall be
submitted to the board of estimate and when adopted pursuant to and in
accordance with section one hundred ninety-nine of the charter, and
filed in the office of the commissioner, shall be the exclusive plans
according to which any terminal facilities, wharf property, or other
property required for such terminal facilities, shall be laid out or
constructed by the city, its agents or contractors.
c. Whenever such plans shall include the narrowing or widening of a
street or the opening and construction of a new street or the
abandonment of a street already in existence, the power to narrow,
widen, open, construct, abandon or close the same, or to cause the same
to be narrowed, widened, opened, constructed, abandoned or closed, shall
be exercised by the board of estimate which is hereby authorized to take
such steps as may be necessary in that regard.
Section 22-133
§ 22-133 Acquisition of the necessary real property. a. After the
adoption and certification of such plans, and the filing thereof in the
office of the commissioner, the mayor may direct the commissioner to
acquire any and all real property included in such plans or any interest
therein, which may be necessary for the creation of the terminal
facilities shown upon the map or maps forming part of such plans. The
proceedings for the acquisition of the title to such property shall be
taken and conducted in the manner prescribed in subchapter one of
chapter three of title five of the code.
b. Whenever, at any height, or depth, an area of land is required for
the purposes of such terminal facilities, the entire fee of land
furnishing such area, or such lesser estate therein, as the board of
estimate shall deem needed for public use may be so acquired; and the
city may use for other public purposes, or may lease or permit the use
for storage, warehousing, manufacturing or otherwise, of such levels and
parts of levels thereof as from time to time may not be required for
such terminal facilities.
c. The area of land to be so acquired may include such area,
additional and adjacent to that required for the structure of such
terminal ways or stations, as such board may authorize and certify as
required to be replotted, regraded or otherwise adapted for convenient
access to and use of such ways or stations or other improvement of the
water front of the city in connection therewith.
d. Such parts of the lands acquired by the city under and pursuant to
the provisions of this subchapter which in the judgment of the board of
estimate are no longer required for the improvement of the water front
facilities of the city or for any other public purpose, except the part
of such lands so acquired as have been heretofore assigned by the board
of estimate to the use of the department of ports and trade, may be sold
by the city in the manner prescribed by subdivision b of section three
hundred eighty-four of the charter. The proceeds of such sale shall be
paid into the real property fund.
Section 22-134
§ 22-134 Construction. The board of estimate may direct the
commissioner to build or cause to be built the whole or any part of
terminal ways, including foundations, abutments and bridges required
therefor, terminal stations and equipment thereof, provided for by such
plans for terminal facilities, and generally to execute such plans.
Section 22-135
§ 22-135 Operation. The board of estimate may direct the commissioner
to operate or to permit the use of terminal facilities upon such terms
and subject to such regulations as such board from time to time may
establish; and to carry into effect the provisions of this subchapter,
the commissioner may purchase or lease or obtain in the best manner
obtainable for the interests of the city, and according to law, power,
light, heat and fixtures for the use thereof and other necessities and
conveniences for such operation, provided that nothing contained in this
subchapter shall be deemed to include the right or privilege to grant a
franchise to carry on the business of generating, selling or
distributing electric light, heat or power.
Section 22-136
§ 22-136 Use of private facilities. The board of estimate may hire or
contract for use by the city in supplement or extension of its terminal
facilities such ways, stations, basins, plant or service as, being owned
or controlled by others than the city, shall be needed or proper to that
end, but not for a longer period than twenty-five years, except as
provided for by option to the city.
Section 22-137
§ 22-137 Acquisition of private facilities. In case any terminal
facilities shall be provided, or agreed to be provided by the city as a
substitute, in whole or in part, for any existing tracks, or other
transportation or terminal facilities which the owner thereof may agree
to surrender in consideration of the right to use such terminal
facilities so provided in substitution, or agreed to be provided in
substitution, the city may for such a time, and on such terms and
conditions as may be agreed upon, lease, permit or agree in respect to
such substituted use or operation.
Section 22-138
§ 22-138 Liability of city limited. Neither in any such operation of
any such way, station or store, nor in any such transport as it shall
undertake, shall the city be or undertake to be liable as a common
carrier.
Section 22-139
§ 22-139 Private operation. a. If the board of estimate shall
determine that municipal operation of any terminal facilities is
inexpedient, it shall advertise for proposals for the privilege of
constructing, equipping and operating the same, or for equipping and
operating after construction by the city, or for operating after
construction and equipment by the city, by a notice to be printed once a
week for two successive weeks in not less than two daily newspapers, and
may require security from bidders for the execution of their bids, if
accepted. Such notice shall describe such terminal facilities in such
terms as the board of estimate shall deem proper, and shall state the
time and place at which proposals will be received and opened. All
proposals shall undertake to equip such facilities, unless equipment
shall have been provided by the city, and to maintain and operate such
terminal facilities for a period not exceeding twenty-five years, with
the privilege, however, of renewing such contract for a further period
not exceeding twenty-five years upon terms to be readjusted as provided
in such contract. Such proposals may offer to pay to the city for the
use of such terminal facilities either (1) a fixed annual sum; or (2) a
share of gross receipts; or (3) a share of net receipts. The board of
estimate, or a duly appointed committee thereof, shall attend at the
time and place specified in such public notice, and shall publicly open
all proposals which shall have been received, but such board shall not
be bound to accept any proposals so received, and may reject all such
proposals and readvertise for proposals in the manner hereinbefore
provided, or may accept any of such proposals as will, in the judgment
of such board, best promote the public interest, and award a contract
accordingly.
b. Any contract for private operation of terminal facilities shall
contain a provision whereby the city, at any time after ten years, may
terminate the same so far as it relates to the maintenance and operation
of terminal ways, and terminal stations, and the equipment thereof, upon
terms to be fixed in such contract, upon giving one year's written
notice of its intention so to do. Upon termination by the city, pursuant
to the privilege so reserved, the city shall purchase the equipment
actually used in the operation of such terminal facilities at an amount
agreed upon between the owner thereof and the city; or, in the event of
failure to agree, at an amount to be fixed by appraisal, each party to
name an impartial appraiser, and the two so named to select the third.
In the event of failure to agree upon a third appraiser, he or she shall
be named by the presiding justice of the appellate division of the
supreme court, first department; provided, however, that the contract
for the operation of such terminal facilities may provide for the
amortization of all or a part of the operator's investment out of
earnings, in which event the portion so amortized shall become the
property of the city at the termination of the contract without further
payment to the operator.
c. Any contract for private operation may provide for the construction
of warehouses, factories or other buildings on land owned by the city,
which warehouses, factories or buildings shall, during construction and
at all times thereafter, be the property of the city. The contract may
provide for the amortization of the cost of such warehouses, factories
or buildings out of receipts from their operation, or out of receipts
from the operation of all the terminal facilities included in such
contract during the term thereof, and may provide for the payment by the
city of any unamortized portion of the actual cost plus a reasonable
contractor's profit, not to exceed fifteen per centum at the termination
of the contract, or on the exercise of an option to recapture reserved
in the contract. The contract may provide for the payment to the city
for the privilege of operating such warehouses, factories, or other
buildings so constructed, either (1) a fixed annual sum; or (2) a share
of the gross receipts; or (3) a share in the net profits.
d. Such contract may contain any other provision not inconsistent with
this section which the board of estimate may deem necessary or desirable
for the protection of the interests of the city.
e. Notwithstanding the provisions of any general or special law, a
railroad corporation may, with the consent of the board of estimate,
purchase, acquire or hold any stocks or any bonds or other evidences of
indebtedness of a corporation which, pursuant to this section, enters
into a contract with the city for the operation of terminal facilities
in the boroughs of Brooklyn and Queens, or either of them, and which
contract provides for the handling over such terminal road of freight
moved by water, or partly by rail and partly by water, and freight moved
wholly by rail, without discrimination as between such freight moved by
water, or partly by rail and partly by water, and freight moved wholly
by rail. The consent of such board shall be granted only upon such
notice and after such hearing as may be prescribed under rules and
regulations which such board is hereby authorized to adopt.
Section 22-140
§ 22-140 Construction clause. Nothing contained in this subchapter
shall be construed as in any way limiting the present or future
jurisdiction of the public service commission of the state of New York,
and nothing contained in this subchapter shall be construed as limiting
or repealing any of the provisions of the railroad law of the state of
New York. Provided, however, that it shall not be necessary before
constructing a railroad as part of terminal facilities to obtain a
certificate of convenience and necessity from the public service
commission.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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