N.Y. Highway Law § 196: County aid for connecting highway through villages

§ 196. County aid for connecting highway through villages. The board

of supervisors of a county may, upon the petition of the board of

trustees of an incorporated village, provide for the construction or

improvement of a highway or section thereof, through such village, at

the joint expense of the county and village. The board of supervisors

shall determine the portion of the cost of the construction and

improvement of such highway to be borne by the county and the portion to

be borne by the village. The portion, if any, to be borne by the village

shall be a village charge and the residue shall be a county charge. The

amount to be borne by the county shall be provided by tax, to be levied

upon the taxable property of the county and collected in the same manner

as other county charges and shall be paid into the county treasury and

such tax shall not be reported as a basis for state aid as provided by

article six of this chapter or the county may finance all or part of its

share pursuant to the local finance law. The board of supervisors may,

in its discretion, appropriate and make immediately available from

county funds, the portion of the moneys to be borne by the county.

The board of supervisors may designate the highway to be improved

under the provisions of this section and in such case, the cost shall be

borne by the county. No such highway shall be so constructed and

improved through a village, except to connect a highway improved

pursuant to the provisions of sections one hundred and ninety-four, one

hundred and ninety-five, or article six of this chapter with a state

highway, or a county road, or to connect with another town highway

improved pursuant to the provisions of sections one hundred and

ninety-four, one hundred and ninety-five, or article six of this

chapter, or to connect a city street with a highway improved by the

county or state. Such construction shall not be commenced until the

portion, if any, to be borne by the village, as determined by the board

of supervisors, has been deposited in the county treasurer's office of

such county. The construction or improvement of a highway, as herein

provided, shall be done under the supervision and direction of the

county superintendent of highways or of a committee known as the highway

officials of the county, to consist of the county superintendent, three

members of the board to be appointed by the chairman, and the supervisor

of the town in which road is being improved. Payments therefor shall be

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

the county superintendent, approved by the chairman of the board of

supervisors.

A highway within a village constructed or improved as herein provided,

shall be of the same width and type of construction as such town

highways so improved by the aid of the county outside the village,

unless a greater width or different type of construction is desired by

the village. The additional expense caused by the increased width or

different type or both, shall be borne wholly by the village. Any such

highway, when completed, shall thereafter be repaired and maintained by

the village wherein such highway is located in the same manner as all

other village highways. The board of supervisors may determine that such

highways be thereafter repaired and maintained under the supervision and

direction of the county superintendent of highways and thereafter the

amount, if any, to be borne by the village shall be paid by the village

into the county treasury and the whole of such money including the share

of the county and of the village, if any, shall be paid out by the

county treasurer for the repair and maintenance of such highways on

orders signed by the county superintendent of highways and countersigned

by the chairman of the board of supervisors.