Section 48. State highways of additional width and increased cost at expense of town  


Latest version.
  • Whenever the department of transportation shall have determined  upon  the  construction  or  improvement  of  a state highway or section
      thereof and it is desired by any town in which such proposed highway  is
      situated  to  construct  or  improve the same at a greater width or in a
      manner involving greater cost, or both, than that provided in the  plans
      and  specifications as prepared by the department of transportation, the
      town board may petition the department of transportation for an estimate
      of the additional cost of constructing or improving the same to a  width
      or  in  a  manner,  or both, as desired by such board. The department of
      transportation shall as soon as practicable make  an  estimate  of  such
      additional  cost  and  transmit the same to the town board, and the town
      board  may  thereupon  by  resolution   petition   the   department   of
      transportation  to  provide  the width and type of construction desired.
      The additional expense caused by the increased width or  different  type
      of  construction,  or  both,  shall  be  borne  wholly  by the town. The
      department of transportation shall, in its discretion, upon  receipt  of
      such resolution, if filed prior to the advertisement for bids, or during
      the   course  of  construction,  provide  for  the  width  and  type  of
      construction described in such resolution. Whenever  the  department  of
      transportation   shall  have  approved  such  a  resolution  the  plans,
      specifications and estimate of cost  shall  be  submitted  to  the  town
      board,  who,  if  it  approve such plans, specifications and estimate of
      cost shall, by resolution, duly adopted by a vote of a majority  of  all
      the  members  of  such board, appropriate the funds necessary to provide
      for the portion of the cost of construction to be  borne  by  the  town.
      Such  funds  shall,  prior to the award of the contract, be deposited by
      the town with the state comptroller, subject to the draft or requisition
      of the department  of  transportation,  and  a  certified  copy  of  the
      resolution  shall  be  filed with the department of transportation. Upon
      the completion of the highway within a town where a portion of the  cost
      is  borne by the town the department of transportation shall transmit to
      the town board a statement showing the actual  cost  of  the  additional
      width  or  changed  construction  including  a  proportionate charge for
      engineering and shall notify the town clerk that it will accept the work
      within twenty days from the  date  of  such  notice  unless  protest  in
      writing  against  the  acceptance  shall be filed by such clerk with the
      department of transportation. In case a protest is filed the  department
      of  transportation  shall  hear  the  same  and  if  it is sustained the
      department of transportation shall delay the acceptance of  the  highway
      or  section  thereof until the same be properly completed. If no protest
      is filed the highway or section thereof shall at the expiration  of  the
      said  twenty  days be deemed finally completed and accepted on behalf of
      the town and the state and shall thereafter be maintained in the  manner
      provided in this chapter for maintenance and repair of state highways.