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This entry was published on 2014-09-22
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SECTION 32
Maintenance and operation by the board of transportation
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 4
§ 32. Maintenance and operation by the board of transportation. a. If
in the opinion of the board of estimate and the mayor, or in the opinion
of the board of transportation, either a contract for equipment,
maintenance and operation, or a contract for maintenance and operation
as provided in this chapter would be inexpedient, impracticable or
prejudicial to the public interest, the board of transportation shall
devise and prepare a plan for the maintenance and operation by the board
of transportation of any railroad which such city owns or is empowered
to acquire or operate by virtue of any law, and any combination of
city-owned railroads, or devise and prepare a plan for leasing under a
contract the use of the tracks of any railroad for operation of cars
thereon during a term of not more than five years for the carrying of
passengers and property by one or more persons owning or operating any
railroad in the city, or organized for the purpose of operating cars as
aforesaid over or upon any such railroad, and when such plan shall have
been approved by the board of estimate and the mayor, the board of
transportation shall either maintain and operate such road for and on
behalf of the city, or allow the use of the tracks of such railroad for
the operation of cars for the transportation of persons or property by
any such person. The compensation to be made or the rates of fare
provided for shall be stated by such board of transportation in any
operating contract or plan aforesaid. Whenever it shall seem practicable
to reduce rates of fare, the reduction shall in the first instance be in
favor of school children, and then, next in order, in favor of all the
public between six and nine o'clock ante meridian, and between four and
seven o'clock post meridian, and then for all the public from five
o'clock ante meridian until seven o'clock post meridian, and, lastly,
for all the public at all times.

b. No part of any road, or of its structures and appurtenances,
constructed under the authority of this chapter, shall be used for
advertising purposes or for any trade, traffic or occupation, other than
required for the operation of such road, except such advertising and
such sale of newspapers, periodicals, magazines, books, flowers,
confectionery and other similar articles usually sold in railway
stations, as from time to time, always with the right of revocation, may
be permitted by the board of transportation. Such board, however, may
authorize the installation, maintenance and operation of telephones in
the stations of such road for public use. Such board of transportation
may authorize or enter into a contract for the granting and exercise of
such privileges for such period of years and upon such terms and
conditions as, in the judgment of such board, the public interests
require.