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This entry was published on 2014-09-22
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SECTION 119-S
Participation in federal and state assistance programs for mass transportation and airport and aviation projects
General Municipal (GMU) CHAPTER 24, ARTICLE 5-I
§ 119-s. Participation in federal and state assistance programs for
mass transportation and airport and aviation projects. 1. Any municipal
corporation shall have power, either individually or jointly with one or
more other municipal corporations, to apply for, accept, and expend
financial assistance:

a. From the state of New York for one or more mass transportation
capital projects or for one or more airport or aviation capital projects
provided pursuant to the transportation capital facilities bond act and
the transportation capital facilities development act, whether by way of
direct financial assistance or by way of prefinancing of any financial
assistance from the United States.

b. From the United States, or any agency or instrumentality thereof,
for one or more mass transportation capital projects or one or more
airport or aviation capital projects provided pursuant to any act of the
Congress of the United States or any rule, regulation or order
promulgated pursuant thereto.

c. From the United States, or any agency or instrumentality thereof,
for operation or maintenance of one or more mass transportation capital
projects or one or more airport or aviation capital projects provided
pursuant to any act of the Congress of the United States or any rule,
regulation or order promulgated pursuant thereto.

d. From the United States, or any agency or instrumentality thereof,
for one or more grants for transportation demonstration projects
provided pursuant to any act of the Congress of the United States or any
rule, regulation or order promulgated pursuant thereto.

2. Any city, town, village or county not wholly contained within a
city shall have power (a) to finance or raise pursuant to law,
appropriate and expend such sums as are required to administer, conduct
or participate in such a project or projects and (b) to accept money
provided by any person, firm or corporation whatever, including the
private owner or operator of a mass transportation facility affected by
the specific project, for the administration or conduct of, or
participation in, a specific project and comply with the conditions of
the provider of such money.

3. No municipal corporation, whether acting individually or jointly
with one or more other municipal corporations, shall submit to the
United States, or any agency or instrumentality thereof, any project
application for one or more mass transportation capital projects or one
or more airport or aviation capital projects, any application for one or
more transportation demonstration projects or any federal mass
transportation operating assistance, unless the application or
applications therefor shall have been first approved by the state
commissioner of transportation as being a part of or consistent with a
statewide comprehensive master plan for transportation promulgated by
him and approved by the governor on the recommendation of the department
of state or, in the absence of any such statewide plan, any other
recognized long-range regional transportation plan approved by the
commissioner or, in the absence of any such regional plan, sound
transportation development policy and planning concepts.

4. The county shall have power to pledge its interest in any mass
commuting vehicles, the acquisition of which was not wholly financed
with the proceeds of bonds or bond anticipation notes under the
provisions of the local finance law, to secure or further secure the
payment of any bonds or bond anticipation notes issued for any object or
purpose of such county, if such pledge will have the effect, directly or
indirectly, of enabling such county to participate in any transaction
described in section ninety-nine-o of this chapter. As used in this
subdivision, the term "mass commuting vehicle" means any bus, subway
car, rail car, locomotive, or similar equipment used or to be used to
provide mass commuting services, whether or not operated by a private
operator under agreement with such county.