N.Y. Highway Law § 194: Construction or improvement of town highways by county and town

§ 194. Construction or improvement of town highways by county and

town. 1. The board of supervisors of a county may provide for the

construction or improvement under this section of a town highway or

section thereof in one or more towns of the county or of a highway laid

out along the boundary line between a city or village and a town or

towns, at the joint expense of the county and town, as provided in this

section. This section shall not apply to the construction, improvement

or maintenance of any such highway or part thereof with state moneys as

defined by article six, except provisions hereof which, by that article,

are expressly made applicable thereto. No highway or part thereof within

the county road system established as provided in article six, shall be

constructed or improved under the provisions of this section except with

the consent of the commissioner of transportation and in accordance with

a written outline of the work, approved by him, showing the course,

width, thickness and type of the proposed road.

2. The board may, by resolution direct the county superintendent to

examine such highway or sections thereof, and report thereon, and if the

board considers such highway or section thereof to be of sufficient

importance to be constructed or improved as provided herein, it shall

direct such county superintendent to prepare or cause to be prepared

maps, plans, specifications and estimates therefor and such county

superintendent shall, subject to the direction and control of the board

of supervisors, have the same powers and duties with respect to such

highway or section thereof as are given the commissioner of

transportation with respect to state highways in section eleven of this

chapter. Such maps, plans and specifications may provide for the change

in grade of a highway already existing if thereby a lessened gradient

may be obtained without decreasing the usefulness of the highway. Upon

the completion of such preliminary maps, plans, specifications and

estimates, they shall be submitted to the board of supervisors for

approval, and such board may thereupon adopt a resolution providing for

the construction or improvement of such highway in accordance with such

maps, plans, specifications and estimates or in accordance with such

maps, plans, specifications and estimates as may be approved by it.

3. The board of supervisors shall award contracts for the construction

or improvement of such highway and the provisions of section

thirty-eight of this chapter shall apply so far as may be to such

contracts and the award, execution and fulfillment thereof. Such

contract may be awarded to the town board of any town in which such

highway or section thereof is located. If such contract be awarded to a

town board such board shall, by resolution, designate some suitable

person or persons, to be approved by the county superintendents of

highways to carry into effect, on behalf of such town, such contract,

and transact all business in respect thereto as may be necessary. A

member of the town board at the time such contract was awarded or such

designation was made, or a person who is a partner of, or a stockholder

in the same corporation as that of such member shall not be so

designated. A member of the town board at the time such designation was

made, or a firm, corporation or association of which he is a member or

has an interest, shall not be directly or indirectly interested in any

such contract nor shall such member, or such firm, corporation or

association furnish materials or perform labor or services either

directly or indirectly under or in connection with the performance of

any of the work required in accordance with such contract, nor shall

such member, firm or corporation or association be paid for materials

furnished or services rendered in respect to such contract. The town

clerk shall transmit to the board of supervisors a certified copy of the

resolution designating the person or persons to carry into effect such

contract prior to the awarding of a contract to the town board. The

person or persons so designated shall, before the contract is executed,

give an undertaking to the county or town with sureties to be approved

by the board of supervisors and the penalty of such surety shall be

determined by the board of supervisors. Such undertaking shall be

conditioned on the faithful performance of their duties in respect to

such contract and for the proper accounting, safe keeping and lawful

disbursement of all moneys that may come into their hands thereunder.

Such undertaking shall be filed in the office of the town clerk and a

certified copy thereof shall be transmitted to the county clerk and the

board of supervisors. The person or persons so designated shall

thereupon be competent to receive all moneys payable under such contract

under the provisions of this section, and they shall account therefor to

the board of supervisors. The town board, after such contract is

awarded shall designate, by resolution, a banking corporation or a trust

company wherein the moneys received under such contract shall be

deposited. Such bank or trust company shall, upon the request of the

town board, make a statement of the money so deposited. The board of

supervisors shall prescribe the manner in which the moneys received

under such contract shall be expended and the form of accounts to be

kept by the person or persons designated as above provided. Reports may

be required by the board of supervisors from time to time from such

person or persons. If a town shall construct a highway or section

thereof, by contract as above provided, for a lesser sum than the

contract price, such surplus shall be credited to the general town fund.

4. The board of supervisors shall determine the portion of the cost of

the construction or improvement of such highway to be borne by the

county and the portion to be borne by the town or towns in which such

highway is located. The cost of the portion constructed or improved

within the boundaries of a city shall be borne by the county. The amount

to be borne by the county shall be levied and collected as a county

charge and paid into the county treasury. The amount to be borne by the

town or towns in which the highway is located shall be levied and

collected as a town charge and when collected shall be paid into the

county treasury.

5. If such highway or section thereof deviate from the line of a

highway already existing, the board of supervisors shall acquire land

for the requisite right of way, and such board may also acquire lands

for the purpose of obtaining gravel, stone or other material, when

required for the construction or improvement of such highway or section

thereof, or for spoil banks, together with a right of way to such spoil

banks and to any bed, pit, quarry or other place where such gravel,

stone or other material may be located, and the provisions of section

thirty to thirty-seven, both inclusive, shall apply to the acquisition

of such lands as far as may be, except that the cost of such lands and

the expenses incident to acquiring the same shall be deemed a part of

the cost of the construction or improvement of such highway under the

provisions of this section.

6. If the construction or improvement of such highway involve the

elimination of a grade crossing the portion of the cost of such

elimination and the construction of a new crossing chargeable to the

town in pursuance of law shall be deemed a part of the cost of the

construction or improvement of such highway under the provisions of this

section.

7. The amount so paid by the town shall not be considered in

determining the minimum amount to be levied and collected in each year

for the repair and improvement of highways as provided in section two

hundred and seventy-one of this chapter nor shall such amount be

considered in determining the amount to be paid by the state to the town

for the repair and improvement of highways therein.

8. Nothing contained in this section shall be construed to prevent the

county or town from raising funds pursuant to the local finance law to

pay the portion of the cost of such construction or improvement to be

borne respectively by the county or such town or towns. The construction

or improvement authorized by such resolution shall be done under the

supervision and direction of the county superintendent. Payments

therefor shall be made from time to time by the county treasurer upon

the certificate of the county superintendent indorsed by the chairman of

the board of supervisors.

9. Such highways, when completed and accepted by the board of

supervisors, shall be thereafter repaired and maintained by the towns

wherein such highways are located in the same manner as all other town

highways; except there shall be raised annually by the county and by the

town a tax of not less than one hundred dollars per mile for each mile

of highways improved in a town under the provisions of this section.

The amount thereof to be borne by the county or by the town shall be

apportioned by the board of supervisors. The portion to be borne by the

county shall be levied and collected in the same manner as other county

taxes and shall be paid into the county treasury. The resolution

providing for the collection of such taxes shall also indicate the

amount which shall be expended in each town and may provide that such

amount may be expended under the direction of either the town

superintendent of the town or the county superintendent of the county,

as the board of supervisors of the county shall deem best, and a

certified copy of the resolution shall be filed with the county

treasurer. The amount thereof to be borne by the town shall, by

resolution of the town board, be paid from any funds of such town that

may be legally used for highway purposes, and be paid into the county

treasury if the board of supervisors has by resolution determined that

the same shall be expended under the direction of the county

superintendent.