N.Y. Highway Law § 266: Payment for machinery, tools, equipment and implements

§ 266. Payment for machinery, tools, equipment and implements. After

the authorization of the purchase of machinery or equipment as

prescribed in section one hundred forty-two, the town board may direct

and authorize the supervisor to complete the purchase of such machinery

or equipment. If bonds or notes are issued for the purchase of such

machinery, willful failure of the town superintendent to include the

amount of such a maturing bond or note and interest thereon in his

highway estimate shall be reason for removal from office. The amount of

such bond or note and the interest thereon shall be included in the

estimate of the town superintendent required by section one hundred

forty-one of this chapter to be prepared and filed by him in the year

immediately preceding the due date of such obligation. The estimate or

estimates of the town superintendent, including the amount or amounts

required to pay such bonds or notes, shall not exceed the limitation

prescribed in section two hundred seventy-one of this chapter.

Provided, however, that the town board at the meeting thereof at which

the annual estimate is adopted, may appropriate from the unexpended

balance of money raised or received for the repair or improvement of

town highways, or from any other funds based on the estimate of the town

superintendent, a sum sufficient to pay a part or all of any bonds or

notes and interest thereon, not exceeding the amount earned by such

machine, machines or equipment, for the total number of hours actually

used upon the highways at the hourly rate fixed by the state

commissioner of transportation, provided, that no more than half the

amount of such bonds or notes may be paid from the moneys raised or

received for the repair or improvement of highways, and the amount

appropriated by the town board shall be deducted from the amount

included in the estimate of the town superintendent.