N.Y. Highway Law § 114: Sources and use of county road fund moneys

§ 114. Sources and use of county road fund moneys. 1. State moneys,

together with the amount provided by the county under section one

hundred eleven of this chapter, including any moneys, collected from the

towns pursuant to an apportionment made as provided in sections one

hundred ninety-four and one hundred ninety-five of this chapter or other

law, shall be a common fund known as the "county road fund".

2. Such moneys shall be expended for construction, reconstruction and

maintenance of a county road system; for the construction,

reconstruction and maintenance of highways which are required or

authorized by law to be constructed, reconstructed or maintained wholly

or partly at the expense of the county, whether or not such highways are

a part of the county road system; for the control and removal of snow

and ice from state highways and county roads; and for the construction,

reconstruction and repair of highway bridges over twenty-five feet in

length located on town highways or such bridges located within a village

where such construction, reconstruction or repair is authorized by the

provisions of this chapter; and, for the payment of principal of and

interest on obligations issued to finance the cost of any expenditure

chargeable to and payable from the county road fund. If the expenses

for the construction, reconstruction and maintenance of a particular

highway or highways are to be charged to a town or towns, the expenses

for each highway shall be accounted for separately and be within the

appropriation made therefor by the board of supervisors.

3. The moneys in this fund shall be deposited in one or more banks or

trust companies designated as depositaries of county moneys, as provided

in section two hundred twelve of the county law and shall be accounted

for separate and apart from all other funds of the county, in the same

manner as provided in subdivision ten of section six-c of the general

municipal law. The moneys in the county road fund may be drawn upon

only for the purposes for which such moneys are authorized to be

expended.

4. When authorized by resolution of the board of supervisors, moneys,

other than the proceeds of borrowings, in the fund which are not

required for immediate expenditure may be invested by the county

treasurer in the manner provided in section eleven of the general

municipal law. Any interest earned or capital gains realized on the

moneys deposited or invested shall become part of such fund.

5. Notwithstanding the provisions of this section or any other

general, special or local law, the board of supervisors of a county may

authorize the expenditure of moneys in the county road fund other than

the proceeds of borrowing for any public highway, traffic or

transportation purpose of the county. Expenditures from such fund for

purposes other than those described in the foregoing subdivisions of

this section shall be paid by the county treasurer upon vouchers

approved by such county officer or officers as shall be designated by

the board of supervisors.

5. Notwithstanding any other provision of law, where and to the extent

that moneys are available in the county road fund to pay for the cost of

any expenditure which may be charged to and paid from the county road

fund, such expenditures shall be charged to the county road fund;

provided, however, that nothing in this subdivision shall prevent the

financing, in whole or in part, of any expenditure for which obligations

may be issued pursuant to the provisions of the local finance law.

6. Notwithstanding any other provision of law, a county may

contribute funds to a city, town or village towards its fifteen per

centum share of the cost of reconstructing a railroad bridge as required

by subdivision three of section ninety-four of the railroad law whether

or not the road, of which the bridge is a part, is under the

jurisdiction of a city, village, town or county and regardless of who

performs the work.