N.Y. Transportation Law § 455: Contracts for municipal bridge improvements

§ 455. Contracts for municipal bridge improvements. Any such contract

between the commissioner and a municipality may include such provisions

as may be agreed upon by the parties thereto and shall include, in

substance, the following:

1. the municipal bridge improvements cost;

2. an agreement by the commissioner to pay to the municipality during

the progress of construction or following completion of construction, as

may be agreed upon by the parties, an amount equal to eighty percent of

the cost of the bridge improvements;

3. an agreement by the municipality:

(a) to proceed expeditiously with and complete the bridge improvements

as approved by the commissioner;

(b) to apply for and/or make reasonable efforts to secure federal

assistance, if any, for the bridge improvements;

(c) to secure the approval of the commissioner before applying for

such federal assistance, in order to maximize the amounts of such

assistance received or to be received for all improvements in New York

state;

(d) to maintain the municipal bridge improvements at its own expense

in accordance with the requirements of the commissioner for the period

of time corresponding to the period of useful life for such improvements

as determined by reference to section sixty-one of the state finance

law;

(e) to certify to the commissioner that the amount of funds

historically appropriated for highway and bridge capital purposes by

that municipality shall not be reduced because of the availability of

the proceeds of the sale of bonds authorized in the Accelerated Capacity

and Transportation Improvements of the Nineties Bond Act; and

(f) to pay twenty percent of the cost of the municipal bridge

improvements; provided, however, that a municipality may be exempted

from payment of such share when such share does not exceed one thousand

dollars. Municipalities shall be authorized to enter into specific

municipal bridge improvements contracts with the commissioner to advance

any phase or phases of the municipal bridge improvements with their

resources. The unreimbursed municipal costs attendant to the use of such

resources may be credited as all or a portion of the municipality's

twenty percent share of such municipal bridge improvements, as approved

by the commissioner.