N.Y. Highway Law § 133: Machinery, tools, equipment, implements, materials and supplies

§ 133. Machinery, tools, equipment, implements, materials and

supplies. 1. There is hereby continued in each county the separate fund,

known as the county road machinery fund. Such fund shall consist of, and

there shall be credited to such fund (a) such amounts as the board of

supervisors by resolution may, from time to time, appropriate thereto

from the general fund, (b) all rentals received from any source for the

use of county owned machinery, equipment, tools and implements,

including amounts payable pursuant to section one hundred seventeen of

this chapter, (c) all amounts payable thereto under the provisions of

subdivision three of this section, and (d) all other moneys received for

such fund from any other source pursuant to law.

2. The board of supervisors may, at any regular or special meeting,

appropriate available moneys in such fund for (a) the purchase and

repair of machinery, tools, implements and equipment to be used for

highway, snow removal or bridge purposes, (b) the operation of such

machinery, tools, implements and equipment and supplies therefor, (c)

the operation of necessary shops or garages under the jurisdiction of

the county superintendent, (d) the acquisition, construction,

reconstruction or repair of buildings, under the direction and

supervision of the county superintendent, for the housing or repair of

such machinery, tools, implements and equipment, and (e) the purchase of

materials and supplies adequate to provide a central stock-pile, on an

annual basis for highway, snow removal and bridge purposes. Should such

fund at any time become larger than necessary for the annual

requirements, any excess amount may, upon recommendation of the county

superintendent, be transferred to the general fund by resolution of the

board of supervisors.

3. Whenever materials and supplies from a central stock-pile,

established pursuant to subdivision two of this section, are used for

any highway, snow removal or bridge purpose, the cost of such materials

and supplies shall be considered as an expense of such purpose. On or

before the tenth day of each month, the county superintendent shall

prepare itemized vouchers, properly certified by him, covering the cost

of such materials and supplies used during the preceding month and

submit the same for audit. Payments therefor shall be made to the county

road machinery fund from appropriations provided for the purposes for

which the materials and supplies were used.

4. The county superintendent shall make all purchases chargeable to

the county road machinery fund. The superintendent may, with the

approval of the board of supervisors or of a duly authorized committee

thereof, sell any machinery, equipment, tools and implements used for

highway, snow removal or bridge purposes no longer needed by the county,

or which shall have become worn out or obsolete, or may exchange the

same or surrender it to the vendor as part payment for new machinery,

equipment, tools and implements. If sold, the proceeds shall be credited

to the receipts of such funds and become a part thereof. Any purchase of

new machinery, of a value in excess of ten thousand dollars, in order to

become effective, shall have the approval of the board of supervisors,

or a committee of the board duly authorized and designated by the board

for such purpose.

5. No claim chargeable to the county road machinery fund shall be paid

by the county treasurer unless such claim has first been approved by the

county superintendent of highways and shall have been audited by the

board of supervisors or a duly appointed auditing officer in the same

manner as other claims against the county; provided, however, that debt

service payments may be made without the approval of the county

superintendent of highways and without prior audit; and compensation for

the services of officers and employees engaged at agreed wages by the

hour, day, week, month or year may be paid without prior audit.