N.Y. Transportation Law § 26: Expense of maintenance a joint charge; reconstruction of bridges

§ 26. Expense of maintenance a joint charge; reconstruction of

bridges. Upon the acquisition as aforesaid by this state jointly with

the commonwealth of Pennsylvania of the bridge properties, rights and

franchises, as hereinbefore provided, such bridge or bridges, except in

the case of railroad or railway bridges as hereinbefore provided, shall

be and remain in the charge and custody of the said joint commission,

and such bridges and the immediate approaches thereto shall be

maintained jointly by this state and the commonwealth of Pennsylvania in

equal proportions, and shall be kept in constant repair so long as the

said joint commission deems it feasible so to do, and the expense

thereof and therefor shall be paid as are other expenses incident to the

maintenance of property in the charge and custody of the said state;

however, and notwithstanding the aforesaid provision as to the joint

maintenance of the approaches to such bridges, if and when the

department of highways of the commonwealth of Pennsylvania shall, with

the approval of the said joint commission, maintain at its sole expense

said approaches lying in Pennsylvania as a part of its state highway

system or otherwise, then, and in that event, the department of

transportation of New York state, with the approval of said joint

commission, shall take over and maintain all of such approaches, with

the exception of the approach in Port Jervis, lying in New York state,

such approaches in New York state to be considered as the length of

existing roads between the bridge head of the respective bridges and the

nearest intersecting public road or street, and the cost of such

maintenance by said department of transportation shall be payable from

any moneys available for the maintenance of state highways; provided

that appropriate concurrent legislation for the same purpose be enacted

by the commonwealth of Pennsylvania.

If in the discretion of said joint commission it shall be deemed

infeasible to continue the repairing of any such bridge and the said

joint commission shall therefore determine to discontinue the public use

thereof then the interstate bridge commission may enter into an

agreement with the department of highways of the commonwealth of

Pennsylvania for the removal of such bridge and the expense of such

removal shall be paid one-half by this state and one-half by the

commonwealth of Pennsylvania.

The said interstate bridge commission is hereby empowered and

authorized to enter into an agreement or agreements with the department

of highways of the commonwealth of Pennsylvania for the reconstruction

of the existing free bridges across the Delaware river between the

commonwealth of Pennsylvania and the state of New York at or near the

present location of such bridges as may be fixed and determined in an

agreement or agreements entered into pursuant to the provisions hereof.

Said agreement or agreements shall provide for the making and

preparation of the necessary surveys, plans and specifications by the

state of New York and the commonwealth of Pennsylvania, either jointly

or by either, in such manner as may be agreed upon; and the letting of

the contract and the supervision and inspection of the work may be

handled in the same manner; provided, however, that said agreement or

agreements shall make an equal division of the expense involved between

the state of New York and the commonwealth of Pennsylvania, and provided

further that each said state shall secure at its own cost and expense

the necessary right of way within its respective limits required for the

reconstruction of said bridges and approaches thereto, and each state

shall bear the cost of said approaches within its respective limits.

In carrying out the terms of any agreement or agreements entered into

pursuant to the provisions of this act for the reconstruction or

maintenance of any bridge or bridges, as well as in connection with the

reconstruction or maintenance of the necessary approaches in New York

state, the said interstate bridge commission, acting by and through the

commissioner of transportation shall have and exercise all the same

rights and powers as are vested by law in the commissioner of

transportation relating to the construction of state highways and

bridges thereon.

The portion of the cost and expense to the state of New York for its

share of the engineering and the reconstruction of said bridge or

bridges, as well as the approaches thereto within said state, shall be

payable from any moneys available for the construction or reconstruction

of state highways and bridges thereon to be paid out of the state

treasury on the audit and warrant of the state comptroller on the

certificate of the commissioner of transportation countersigned by the

interstate bridge commission of this state.

Upon the completion of any such bridge or bridges they shall be free

from toll and shall be in the charge and custody of the said joint

commission, and such bridge or bridges and the immediate approaches

thereto shall be maintained jointly by this state and the commonwealth

of Pennsylvania in the same way as other bridges across the Delaware

river under the charge and custody of the joint commission.

The share of New York state of the cost and expense of such

maintenance and repair shall be payable from any moneys of the state

available for the maintenance and repair of state highways and bridges

thereon upon vouchers audited by the interstate bridge commission;

provided that appropriate concurrent legislation for the same purpose be

enacted by the commonwealth of Pennsylvania.