§ 131-K — County aid for construction and improvement of certain public highways and bridges in municipalities

§ 131-k. County aid for construction and improvement of certain public\nhighways and bridges in municipalities. 1. The legislative body of a\ncounty may, upon consent of the governing body of any municipality\nsituated in such county, provide for the construction, reconstruction or\nimprovement of any highway, bridge or culvert or section thereof\nconnecting county or state highways or highways improved pursuant to\nsections one hundred ninety-five or one hundred ninety-six of the\nhighway law or which is an arterial situated within such municipality\nand deemed by the county legislative body to serve a vital\ntransportation need of the county pursuant to this section. The entire\ncost of any such construction, reconstruction or improvement shall be\nborne by the county excepting the costs and expenses of relocating or\naltering private utilities, public authority utilities or utilities\nowned by such municipality within the designated area, and the expenses\nof relocating or altering public authority utilities or utilities owned\nby such municipality shall be considered municipal charges. For\npurposes of this section, the term "municipality" shall include only a\ncity, town or incorporated village. The expenditure of money by the\ncounty for any object or purpose authorized by or pursuant to this act\nis hereby determined to be for a county purpose and such county, by\nresolution of its county legislative body, may appropriate and expend\nany available county moneys to pay all or part of the cost of any such\nobject or purpose, or such cost may be financed, in whole or in part,\npursuant to the local finance law.\n 2. The county legislative body may, by resolution, direct the county\nsuperintendent of highways to examine such highways, bridges and\nculverts, or sections thereof and submit a report to the county\nlegislative body. Upon receipt thereof the county legislative body may\ndirect the county superintendent to prepare or cause to be prepared\ndesigns, plans, specifications and estimates of the costs of\nconstruction, reconstruction or improvement. The county legislative body\nmay thereupon adopt a resolution providing for the construction,\nreconstruction or improvement as submitted, or with any modifications it\nmay approve.\n 3. The county legislative body may award a contract for the\nconstruction, reconstruction or improvement, as herein provided.\nHowever, no contract for such work shall be let by the county\nlegislative body until the governing body of such municipality has\nappropriated funds sufficient to pay the estimated cost of relocating or\naltering public authority utilities or municipally owned utilties\nlocated within the designated project area as set forth in the county\nresolution, nor shall the county legislative body award a contract for\nsuch construction, reconstruction or improvement until all necessary\nrights-of-way, easements and land, title to which is not already vested\nin the municipality shall have been acquired by the municipality at the\nmunicipality's expense, and proposed grade crossing eliminations have\nbeen approved by the appropriate authority.\n 4. The construction, reconstruction or improvement authorized by the\ncounty legislative body pursuant to this section shall be performed\nunder the direction and supervision of the county superintendent of\nhighways.\n 5. Payments for construction, reconstruction or improvement authorized\nby the county legislative body pursuant to this section shall be made\nfrom time to time by the county treasurer upon the certificate of the\ncounty superintendent of highways.\n 6. Upon completion of a construction, reconstruction or improvement\nauthorized by the county legislative body pursuant to this section, the\nhighways, bridges or culverts, or sections thereof, shall be thereafter\nmaintained and repaired by the municipality in which they are situated,\nunless the municipality and county shall, by written agreement, provide\nthat such highways, bridges or culverts, or sections thereof, or\napproaches thereto shall be thereafter maintained and repaired by the\ncounty. There shall be no transfer of title to the county from the\nmunicipality therein of any highway, bridge or culvert, or section\nthereof constructed, reconstructed or improved pursuant to this section.\n 7. The provisions of this section shall not apply to counties wholly\ncontained within a city.\n