N.Y. Highway Law § 142: Machinery, tools, equipment and implements

§ 142. Machinery, tools, equipment and implements. 1. a. The town

superintendent may, with the approval of the town board, purchase

equipment, tools and other implements to be used for highway

maintenance, construction or reconstruction, snow ploughs or other

devices for the removal of snow from the highways from moneys

appropriated for that purpose. However, the town board may authorize the

town superintendent to purchase such equipment, tools and implements

without prior approval in an amount or amounts to be fixed, from time to

time, by the board.

b. The approval of the town board shall not be necessary for the

purchase by the town superintendent of highways equipment enumerated in

subdivision one hereof, in towns of the first class in Erie county when

such purchases are in amounts less than one thousand dollars, nor in

towns of the second class in Erie county when such purchases are in

amounts less than five hundred dollars.

2. All tools, implements and other highway equipment owned either by

the town or the highway districts therein, shall be used by the town

superintendent in such manner and in such places in such towns as he

shall deem best. They shall be under the control of the superintendent

and be cared for by him at the expense of the town.

3. The town superintendent shall annually make a written inventory of

all such machinery, tools, implements and equipment, indicating each

article and stating the value thereof, and the estimated cost of all

necessary repairs thereto, and deliver the same to the town board on or

before September thirtieth in each year. He shall at the same time file

with the town board his written recommendations as to what machinery,

tools, implements and equipment should be purchased for the use of the

town, and the probable cost thereof.

4. The town superintendent shall provide a suitable place for housing

and storing machinery, tools, implements and equipment owned by the town

and cause the same to be stored therein, when not in use. Pursuant to

the provisions of article fourteen of the town law, the town board of

any town may authorize the town superintendent to purchase real estate

with a suitable building or buildings thereon, or to purchase real

estate in the name of the town and erect thereon a building for the

purpose of housing and storing such machinery, tools, implements and

equipment, or to erect a building for such purposes on real estate owned

by the town. Capital improvements may be made to any building erected or

purchased pursuant to this subdivision.

4-a. Notwithstanding the provisions of article fourteen of the town

law and of subdivision four of this section, the town board of any town

in the county of Westchester which contains the whole or any part of a

village that forms a separate highway district may authorize the town

superintendent, for the purpose of providing for the housing and storing

of machinery, tools, implements and equipment owned by the town, to

purchase real estate in the name of the town with a suitable building or

buildings thereon, or to purchase real estate in the name of the town

and erect thereon a building or buildings, or to erect a building or

buildings on real estate owned by the town, or to make capital

improvements to any building or buildings owned by the town, provided

that the cost of any such object or purpose shall be assessed, levied

and collected from the several lots and parcels of land in the town

outside of any such village in the same manner and at the same time as

other town charges. The principal of and interest on any indebtedness

contracted for any such object or purpose shall be assessed, levied and

collected, in the first instance, in like manner, but if not paid from

such source, all of the taxable real property within the town shall be

subject to the levy of ad valorem taxes to pay such principal and

interest. Except where an expenditure authorized pursuant to this

subdivision is to be financed, in whole or in part, pursuant to the

local finance law, the authorization of any such expenditure by the town

board shall be subject to a mandatory referendum in the manner

prescribed in article six of the town law, provided that no person shall

be entitled to vote upon the proposition for any such expenditure unless

he or she is an elector and the owner of property in the town outside of

any such village assessed upon the last preceding town assessment roll.

5. The town superintendent may also, with the approval of the town

board, sell any such machinery, tools, implements and equipment, which

are no longer needed by the town, or which are worn out or obsolete, or

may exchange the same or surrender it to the vendor as part payment for

new machinery, tools, implements and equipment. If sold, the proceeds

shall, under the direction of the town board, be applicable to the

purchase of the machinery, tools, implements and equipment mentioned in

subdivision three of section two hundred seventy-one of this chapter.

Where there is an incorporated village constituting a separate road

district, wholly or partly in a town which has purchased machinery,

tools or other highway or snow removal equipment the town board of such

town may permit the use thereof by such village upon such terms as may

be agreed upon.