N.Y. Highway Law § 131-k: County aid for construction and improvement of certain public highways and bridges in municipalities

§ 131-k. County aid for construction and improvement of certain public

highways and bridges in municipalities. 1. The legislative body of a

county may, upon consent of the governing body of any municipality

situated in such county, provide for the construction, reconstruction or

improvement of any highway, bridge or culvert or section thereof

connecting county or state highways or highways improved pursuant to

sections one hundred ninety-five or one hundred ninety-six of the

highway law or which is an arterial situated within such municipality

and deemed by the county legislative body to serve a vital

transportation need of the county pursuant to this section. The entire

cost of any such construction, reconstruction or improvement shall be

borne by the county excepting the costs and expenses of relocating or

altering private utilities, public authority utilities or utilities

owned by such municipality within the designated area, and the expenses

of relocating or altering public authority utilities or utilities owned

by such municipality shall be considered municipal charges. For

purposes of this section, the term "municipality" shall include only a

city, town or incorporated village. The expenditure of money by the

county for any object or purpose authorized by or pursuant to this act

is hereby determined to be for a county purpose and such county, by

resolution of its county legislative body, may appropriate and expend

any available county moneys to pay all or part of the cost of any such

object or purpose, or such cost may be financed, in whole or in part,

pursuant to the local finance law.

2. The county legislative body may, by resolution, direct the county

superintendent of highways to examine such highways, bridges and

culverts, or sections thereof and submit a report to the county

legislative body. Upon receipt thereof the county legislative body may

direct the county superintendent to prepare or cause to be prepared

designs, plans, specifications and estimates of the costs of

construction, reconstruction or improvement. The county legislative body

may thereupon adopt a resolution providing for the construction,

reconstruction or improvement as submitted, or with any modifications it

may approve.

3. The county legislative body may award a contract for the

construction, reconstruction or improvement, as herein provided.

However, no contract for such work shall be let by the county

legislative body until the governing body of such municipality has

appropriated funds sufficient to pay the estimated cost of relocating or

altering public authority utilities or municipally owned utilties

located within the designated project area as set forth in the county

resolution, nor shall the county legislative body award a contract for

such construction, reconstruction or improvement until all necessary

rights-of-way, easements and land, title to which is not already vested

in the municipality shall have been acquired by the municipality at the

municipality's expense, and proposed grade crossing eliminations have

been approved by the appropriate authority.

4. The construction, reconstruction or improvement authorized by the

county legislative body pursuant to this section shall be performed

under the direction and supervision of the county superintendent of

highways.

5. Payments for construction, reconstruction or improvement authorized

by the county legislative body pursuant to this section shall be made

from time to time by the county treasurer upon the certificate of the

county superintendent of highways.

6. Upon completion of a construction, reconstruction or improvement

authorized by the county legislative body pursuant to this section, the

highways, bridges or culverts, or sections thereof, shall be thereafter

maintained and repaired by the municipality in which they are situated,

unless the municipality and county shall, by written agreement, provide

that such highways, bridges or culverts, or sections thereof, or

approaches thereto shall be thereafter maintained and repaired by the

county. There shall be no transfer of title to the county from the

municipality therein of any highway, bridge or culvert, or section

thereof constructed, reconstructed or improved pursuant to this section.

7. The provisions of this section shall not apply to counties wholly

contained within a city.