Section 114. Sources and use of county road fund moneys  


Latest version.
  • 1.  State moneys,
      together  with  the  amount  provided  by  the  county under section one
      hundred eleven of this chapter, including any moneys, collected from the
      towns pursuant to an apportionment made  as  provided  in  sections  one
      hundred ninety-four and one hundred ninety-five of this chapter or other
      law, shall be a common fund known as the "county road fund".
        2.  Such moneys shall be expended for construction, reconstruction and
      maintenance   of   a   county   road   system;   for  the  construction,
      reconstruction  and  maintenance  of  highways  which  are  required  or
      authorized  by law to be constructed, reconstructed or maintained wholly
      or partly at the expense of the county, whether or not such highways are
      a part of the county road system; for the control and  removal  of  snow
      and  ice from state highways and county roads; and for the construction,
      reconstruction and repair of highway bridges over  twenty-five  feet  in
      length located on town highways or such bridges located within a village
      where  such  construction, reconstruction or repair is authorized by the
      provisions of this chapter; and, for the payment  of  principal  of  and
      interest  on  obligations  issued to finance the cost of any expenditure
      chargeable to and payable from the county road fund.   If  the  expenses
      for  the  construction,  reconstruction  and maintenance of a particular
      highway or highways are to be charged to a town or towns,  the  expenses
      for  each  highway  shall  be accounted for separately and be within the
      appropriation made therefor by the board of supervisors.
        3. The moneys in this fund shall be deposited in one or more banks  or
      trust companies designated as depositaries of county moneys, as provided
      in  section  two hundred twelve of the county law and shall be accounted
      for separate and apart from all other funds of the county, in  the  same
      manner  as  provided  in subdivision ten of section six-c of the general
      municipal law.  The moneys in the county road fund  may  be  drawn  upon
      only  for  the  purposes  for  which  such  moneys  are authorized to be
      expended.
        4.  When authorized by resolution of the board of supervisors, moneys,
      other than the proceeds  of  borrowings,  in  the  fund  which  are  not
      required  for  immediate  expenditure  may  be  invested  by  the county
      treasurer in the manner  provided  in  section  eleven  of  the  general
      municipal  law.    Any  interest earned or capital gains realized on the
      moneys deposited or invested shall become part of such fund.
        5.   Notwithstanding the provisions  of  this  section  or  any  other
      general,  special or local law, the board of supervisors of a county may
      authorize the expenditure of moneys in the county road fund  other  than
      the   proceeds   of   borrowing  for  any  public  highway,  traffic  or
      transportation purpose of the county.  Expenditures from such  fund  for
      purposes  other  than  those  described in the foregoing subdivisions of
      this section shall  be  paid  by  the  county  treasurer  upon  vouchers
      approved  by  such  county officer or officers as shall be designated by
      the board of supervisors.
        5. Notwithstanding any other provision of law, where and to the extent
      that moneys are available in the county road fund to pay for the cost of
      any expenditure which may be charged to and paid from  the  county  road
      fund,  such  expenditures  shall  be  charged  to  the county road fund;
      provided, however, that nothing in this subdivision  shall  prevent  the
      financing, in whole or in part, of any expenditure for which obligations
      may be issued pursuant to the provisions of the local finance law.
        6.    Notwithstanding  any  other  provision  of  law,  a  county  may
      contribute funds to a city, town or  village  towards  its  fifteen  per
      centum share of the cost of reconstructing a railroad bridge as required
      by  subdivision three of section ninety-four of the railroad law whether
      or not  the  road,  of  which  the  bridge  is  a  part,  is  under  the
    
      jurisdiction  of  a  city, village, town or county and regardless of who
      performs the work.