§ 142 — Machinery, tools, equipment and implements

§ 142. Machinery, tools, equipment and implements. 1. a. The town\nsuperintendent may, with the approval of the town board, purchase\nequipment, tools and other implements to be used for highway\nmaintenance, construction or reconstruction, snow ploughs or other\ndevices for the removal of snow from the highways from moneys\nappropriated for that purpose. However, the town board may authorize the\ntown superintendent to purchase such equipment, tools and implements\nwithout prior approval in an amount or amounts to be fixed, from time to\ntime, by the board.\n b. The approval of the town board shall not be necessary for the\npurchase by the town superintendent of highways equipment enumerated in\nsubdivision one hereof, in towns of the first class in Erie county when\nsuch purchases are in amounts less than one thousand dollars, nor in\ntowns of the second class in Erie county when such purchases are in\namounts less than five hundred dollars.\n 2. All tools, implements and other highway equipment owned either by\nthe town or the highway districts therein, shall be used by the town\nsuperintendent in such manner and in such places in such towns as he\nshall deem best. They shall be under the control of the superintendent\nand be cared for by him at the expense of the town.\n 3. The town superintendent shall annually make a written inventory of\nall such machinery, tools, implements and equipment, indicating each\narticle and stating the value thereof, and the estimated cost of all\nnecessary repairs thereto, and deliver the same to the town board on or\nbefore September thirtieth in each year. He shall at the same time file\nwith the town board his written recommendations as to what machinery,\ntools, implements and equipment should be purchased for the use of the\ntown, and the probable cost thereof.\n 4. The town superintendent shall provide a suitable place for housing\nand storing machinery, tools, implements and equipment owned by the town\nand cause the same to be stored therein, when not in use. Pursuant to\nthe provisions of article fourteen of the town law, the town board of\nany town may authorize the town superintendent to purchase real estate\nwith a suitable building or buildings thereon, or to purchase real\nestate in the name of the town and erect thereon a building for the\npurpose of housing and storing such machinery, tools, implements and\nequipment, or to erect a building for such purposes on real estate owned\nby the town. Capital improvements may be made to any building erected or\npurchased pursuant to this subdivision.\n 4-a. Notwithstanding the provisions of article fourteen of the town\nlaw and of subdivision four of this section, the town board of any town\nin the county of Westchester which contains the whole or any part of a\nvillage that forms a separate highway district may authorize the town\nsuperintendent, for the purpose of providing for the housing and storing\nof machinery, tools, implements and equipment owned by the town, to\npurchase real estate in the name of the town with a suitable building or\nbuildings thereon, or to purchase real estate in the name of the town\nand erect thereon a building or buildings, or to erect a building or\nbuildings on real estate owned by the town, or to make capital\nimprovements to any building or buildings owned by the town, provided\nthat the cost of any such object or purpose shall be assessed, levied\nand collected from the several lots and parcels of land in the town\noutside of any such village in the same manner and at the same time as\nother town charges. The principal of and interest on any indebtedness\ncontracted for any such object or purpose shall be assessed, levied and\ncollected, in the first instance, in like manner, but if not paid from\nsuch source, all of the taxable real property within the town shall be\nsubject to the levy of ad valorem taxes to pay such principal and\ninterest. Except where an expenditure authorized pursuant to this\nsubdivision is to be financed, in whole or in part, pursuant to the\nlocal finance law, the authorization of any such expenditure by the town\nboard shall be subject to a mandatory referendum in the manner\nprescribed in article six of the town law, provided that no person shall\nbe entitled to vote upon the proposition for any such expenditure unless\nhe or she is an elector and the owner of property in the town outside of\nany such village assessed upon the last preceding town assessment roll.\n 5. The town superintendent may also, with the approval of the town\nboard, sell any such machinery, tools, implements and equipment, which\nare no longer needed by the town, or which are worn out or obsolete, or\nmay exchange the same or surrender it to the vendor as part payment for\nnew machinery, tools, implements and equipment. If sold, the proceeds\nshall, under the direction of the town board, be applicable to the\npurchase of the machinery, tools, implements and equipment mentioned in\nsubdivision three of section two hundred seventy-one of this chapter.\nWhere there is an incorporated village constituting a separate road\ndistrict, wholly or partly in a town which has purchased machinery,\ntools or other highway or snow removal equipment the town board of such\ntown may permit the use thereof by such village upon such terms as may\nbe agreed upon.\n