§ 26 — Expense of maintenance a joint charge; reconstruction of bridges

New York § 26

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 2-A: The Interstate Bridge Commission

Text

§ 26. Expense of maintenance a joint charge; reconstruction of\nbridges. Upon the acquisition as aforesaid by this state jointly with\nthe commonwealth of Pennsylvania of the bridge properties, rights and\nfranchises, as hereinbefore provided, such bridge or bridges, except in\nthe case of railroad or railway bridges as hereinbefore provided, shall\nbe and remain in the charge and custody of the said joint commission,\nand such bridges and the immediate approaches thereto shall be\nmaintained jointly by this state and the commonwealth of Pennsylvania in\nequal proportions, and shall be kept in constant repair so long as the\nsaid joint commission deems it feasible so to do, and the expense\nthereof and therefor shall be paid as are other expenses incident to the\nmaintenance of property in the charge and custody of the said state;\nhowever, and notwithstanding the aforesaid provision as to the joint\nmaintenance of the approaches to such bridges, if and when the\ndepartment of highways of the commonwealth of Pennsylvania shall, with\nthe approval of the said joint commission, maintain at its sole expense\nsaid approaches lying in Pennsylvania as a part of its state highway\nsystem or otherwise, then, and in that event, the department of\ntransportation of New York state, with the approval of said joint\ncommission, shall take over and maintain all of such approaches, with\nthe exception of the approach in Port Jervis, lying in New York state,\nsuch approaches in New York state to be considered as the length of\nexisting roads between the bridge head of the respective bridges and the\nnearest intersecting public road or street, and the cost of such\nmaintenance by said department of transportation shall be payable from\nany moneys available for the maintenance of state highways; provided\nthat appropriate concurrent legislation for the same purpose be enacted\nby the commonwealth of Pennsylvania.\n If in the discretion of said joint commission it shall be deemed\ninfeasible to continue the repairing of any such bridge and the said\njoint commission shall therefore determine to discontinue the public use\nthereof then the interstate bridge commission may enter into an\nagreement with the department of highways of the commonwealth of\nPennsylvania for the removal of such bridge and the expense of such\nremoval shall be paid one-half by this state and one-half by the\ncommonwealth of Pennsylvania.\n The said interstate bridge commission is hereby empowered and\nauthorized to enter into an agreement or agreements with the department\nof highways of the commonwealth of Pennsylvania for the reconstruction\nof the existing free bridges across the Delaware river between the\ncommonwealth of Pennsylvania and the state of New York at or near the\npresent location of such bridges as may be fixed and determined in an\nagreement or agreements entered into pursuant to the provisions hereof.\n Said agreement or agreements shall provide for the making and\npreparation of the necessary surveys, plans and specifications by the\nstate of New York and the commonwealth of Pennsylvania, either jointly\nor by either, in such manner as may be agreed upon; and the letting of\nthe contract and the supervision and inspection of the work may be\nhandled in the same manner; provided, however, that said agreement or\nagreements shall make an equal division of the expense involved between\nthe state of New York and the commonwealth of Pennsylvania, and provided\nfurther that each said state shall secure at its own cost and expense\nthe necessary right of way within its respective limits required for the\nreconstruction of said bridges and approaches thereto, and each state\nshall bear the cost of said approaches within its respective limits.\n In carrying out the terms of any agreement or agreements entered into\npursuant to the provisions of this act for the reconstruction or\nmaintenance of any bridge or bridges, as well as in connection with the\nreconstruction or maintenance of the necessary approaches in New York\nstate, the said interstate bridge commission, acting by and through the\ncommissioner of transportation shall have and exercise all the same\nrights and powers as are vested by law in the commissioner of\ntransportation relating to the construction of state highways and\nbridges thereon.\n The portion of the cost and expense to the state of New York for its\nshare of the engineering and the reconstruction of said bridge or\nbridges, as well as the approaches thereto within said state, shall be\npayable from any moneys available for the construction or reconstruction\nof state highways and bridges thereon to be paid out of the state\ntreasury on the audit and warrant of the state comptroller on the\ncertificate of the commissioner of transportation countersigned by the\ninterstate bridge commission of this state.\n Upon the completion of any such bridge or bridges they shall be free\nfrom toll and shall be in the charge and custody of the said joint\ncommission, and such bridge or bridges and the immediate approaches\nthereto shall be maintained jointly by this state and the commonwealth\nof Pennsylvania in the same way as other bridges across the Delaware\nriver under the charge and custody of the joint commission.\n The share of New York state of the cost and expense of such\nmaintenance and repair shall be payable from any moneys of the state\navailable for the maintenance and repair of state highways and bridges\nthereon upon vouchers audited by the interstate bridge commission;\nprovided that appropriate concurrent legislation for the same purpose be\nenacted by the commonwealth of Pennsylvania.\n