§ 209. Change of motive power authorized. Any railroad company having
the right to use any railroad now constructed in any public tunnel, road
or way depressed below the surface of and wholly within any public park
in any city within the state of New York having a population of one
million five hundred thousand or upwards, may change the motive power
and operate any such railroad by cable power, underground current of
electricity, compressed air, or any other motive power other than
locomotive steam power that may be consented to by the authorities
having control of such park or parks, and by the commissioner of
transportation, and may make changes in the construction of the road or
roadbed or other property made necessary by the change of motive power.
Such reconstruction shall be at the sole cost and expense of the
railroad company making such change, and when completed such improved
railroad shall be the property of the municipal corporation having
control of such public tunnel, road or depressed way.