§ 194 — Construction or improvement of town highways by county and town

§ 194. Construction or improvement of town highways by county and\ntown. 1. The board of supervisors of a county may provide for the\nconstruction or improvement under this section of a town highway or\nsection thereof in one or more towns of the county or of a highway laid\nout along the boundary line between a city or village and a town or\ntowns, at the joint expense of the county and town, as provided in this\nsection. This section shall not apply to the construction, improvement\nor maintenance of any such highway or part thereof with state moneys as\ndefined by article six, except provisions hereof which, by that article,\nare expressly made applicable thereto. No highway or part thereof within\nthe county road system established as provided in article six, shall be\nconstructed or improved under the provisions of this section except with\nthe consent of the commissioner of transportation and in accordance with\na written outline of the work, approved by him, showing the course,\nwidth, thickness and type of the proposed road.\n 2. The board may, by resolution direct the county superintendent to\nexamine such highway or sections thereof, and report thereon, and if the\nboard considers such highway or section thereof to be of sufficient\nimportance to be constructed or improved as provided herein, it shall\ndirect such county superintendent to prepare or cause to be prepared\nmaps, plans, specifications and estimates therefor and such county\nsuperintendent shall, subject to the direction and control of the board\nof supervisors, have the same powers and duties with respect to such\nhighway or section thereof as are given the commissioner of\ntransportation with respect to state highways in section eleven of this\nchapter. Such maps, plans and specifications may provide for the change\nin grade of a highway already existing if thereby a lessened gradient\nmay be obtained without decreasing the usefulness of the highway. Upon\nthe completion of such preliminary maps, plans, specifications and\nestimates, they shall be submitted to the board of supervisors for\napproval, and such board may thereupon adopt a resolution providing for\nthe construction or improvement of such highway in accordance with such\nmaps, plans, specifications and estimates or in accordance with such\nmaps, plans, specifications and estimates as may be approved by it.\n 3. The board of supervisors shall award contracts for the construction\nor improvement of such highway and the provisions of section\nthirty-eight of this chapter shall apply so far as may be to such\ncontracts and the award, execution and fulfillment thereof. Such\ncontract may be awarded to the town board of any town in which such\nhighway or section thereof is located. If such contract be awarded to a\ntown board such board shall, by resolution, designate some suitable\nperson or persons, to be approved by the county superintendents of\nhighways to carry into effect, on behalf of such town, such contract,\nand transact all business in respect thereto as may be necessary. A\nmember of the town board at the time such contract was awarded or such\ndesignation was made, or a person who is a partner of, or a stockholder\nin the same corporation as that of such member shall not be so\ndesignated. A member of the town board at the time such designation was\nmade, or a firm, corporation or association of which he is a member or\nhas an interest, shall not be directly or indirectly interested in any\nsuch contract nor shall such member, or such firm, corporation or\nassociation furnish materials or perform labor or services either\ndirectly or indirectly under or in connection with the performance of\nany of the work required in accordance with such contract, nor shall\nsuch member, firm or corporation or association be paid for materials\nfurnished or services rendered in respect to such contract. The town\nclerk shall transmit to the board of supervisors a certified copy of the\nresolution designating the person or persons to carry into effect such\ncontract prior to the awarding of a contract to the town board. The\nperson or persons so designated shall, before the contract is executed,\ngive an undertaking to the county or town with sureties to be approved\nby the board of supervisors and the penalty of such surety shall be\ndetermined by the board of supervisors. Such undertaking shall be\nconditioned on the faithful performance of their duties in respect to\nsuch contract and for the proper accounting, safe keeping and lawful\ndisbursement of all moneys that may come into their hands thereunder.\nSuch undertaking shall be filed in the office of the town clerk and a\ncertified copy thereof shall be transmitted to the county clerk and the\nboard of supervisors. The person or persons so designated shall\nthereupon be competent to receive all moneys payable under such contract\nunder the provisions of this section, and they shall account therefor to\nthe board of supervisors. The town board, after such contract is\nawarded shall designate, by resolution, a banking corporation or a trust\ncompany wherein the moneys received under such contract shall be\ndeposited. Such bank or trust company shall, upon the request of the\ntown board, make a statement of the money so deposited. The board of\nsupervisors shall prescribe the manner in which the moneys received\nunder such contract shall be expended and the form of accounts to be\nkept by the person or persons designated as above provided. Reports may\nbe required by the board of supervisors from time to time from such\nperson or persons. If a town shall construct a highway or section\nthereof, by contract as above provided, for a lesser sum than the\ncontract price, such surplus shall be credited to the general town fund.\n 4. The board of supervisors shall determine the portion of the cost of\nthe construction or improvement of such highway to be borne by the\ncounty and the portion to be borne by the town or towns in which such\nhighway is located. The cost of the portion constructed or improved\nwithin the boundaries of a city shall be borne by the county. The amount\nto be borne by the county shall be levied and collected as a county\ncharge and paid into the county treasury. The amount to be borne by the\ntown or towns in which the highway is located shall be levied and\ncollected as a town charge and when collected shall be paid into the\ncounty treasury.\n 5. If such highway or section thereof deviate from the line of a\nhighway already existing, the board of supervisors shall acquire land\nfor the requisite right of way, and such board may also acquire lands\nfor the purpose of obtaining gravel, stone or other material, when\nrequired for the construction or improvement of such highway or section\nthereof, or for spoil banks, together with a right of way to such spoil\nbanks and to any bed, pit, quarry or other place where such gravel,\nstone or other material may be located, and the provisions of section\nthirty to thirty-seven, both inclusive, shall apply to the acquisition\nof such lands as far as may be, except that the cost of such lands and\nthe expenses incident to acquiring the same shall be deemed a part of\nthe cost of the construction or improvement of such highway under the\nprovisions of this section.\n 6. If the construction or improvement of such highway involve the\nelimination of a grade crossing the portion of the cost of such\nelimination and the construction of a new crossing chargeable to the\ntown in pursuance of law shall be deemed a part of the cost of the\nconstruction or improvement of such highway under the provisions of this\nsection.\n 7. The amount so paid by the town shall not be considered in\ndetermining the minimum amount to be levied and collected in each year\nfor the repair and improvement of highways as provided in section two\nhundred and seventy-one of this chapter nor shall such amount be\nconsidered in determining the amount to be paid by the state to the town\nfor the repair and improvement of highways therein.\n 8. Nothing contained in this section shall be construed to prevent the\ncounty or town from raising funds pursuant to the local finance law to\npay the portion of the cost of such construction or improvement to be\nborne respectively by the county or such town or towns. The construction\nor improvement authorized by such resolution shall be done under the\nsupervision and direction of the county superintendent. Payments\ntherefor shall be made from time to time by the county treasurer upon\nthe certificate of the county superintendent indorsed by the chairman of\nthe board of supervisors.\n 9. Such highways, when completed and accepted by the board of\nsupervisors, shall be thereafter repaired and maintained by the towns\nwherein such highways are located in the same manner as all other town\nhighways; except there shall be raised annually by the county and by the\ntown a tax of not less than one hundred dollars per mile for each mile\nof highways improved in a town under the provisions of this section.\nThe amount thereof to be borne by the county or by the town shall be\napportioned by the board of supervisors. The portion to be borne by the\ncounty shall be levied and collected in the same manner as other county\ntaxes and shall be paid into the county treasury. The resolution\nproviding for the collection of such taxes shall also indicate the\namount which shall be expended in each town and may provide that such\namount may be expended under the direction of either the town\nsuperintendent of the town or the county superintendent of the county,\nas the board of supervisors of the county shall deem best, and a\ncertified copy of the resolution shall be filed with the county\ntreasurer. The amount thereof to be borne by the town shall, by\nresolution of the town board, be paid from any funds of such town that\nmay be legally used for highway purposes, and be paid into the county\ntreasury if the board of supervisors has by resolution determined that\nthe same shall be expended under the direction of the county\nsuperintendent.\n