Section 131-K. County aid for construction and improvement of certain public highways and bridges in municipalities  


Latest version.
  • 1. The legislative body of a  county may, upon consent of  the  governing  body  of  any  municipality
      situated in such county, provide for the construction, reconstruction or
      improvement  of  any  highway,  bridge  or  culvert  or  section thereof
      connecting county or state highways or  highways  improved  pursuant  to
      sections  one  hundred  ninety-five  or  one  hundred  ninety-six of the
      highway law or which is an arterial situated  within  such  municipality
      and   deemed   by   the   county  legislative  body  to  serve  a  vital
      transportation need of the county pursuant to this section.  The  entire
      cost  of  any  such construction, reconstruction or improvement shall be
      borne by the county excepting the costs and expenses  of  relocating  or
      altering  private  utilities,  public  authority  utilities or utilities
      owned by such municipality within the designated area, and the  expenses
      of  relocating or altering public authority utilities or utilities owned
      by such  municipality  shall  be  considered  municipal  charges.    For
      purposes  of  this section, the term "municipality" shall include only a
      city, town or incorporated village. The  expenditure  of  money  by  the
      county  for  any object or purpose authorized by or pursuant to this act
      is hereby determined to be for a county  purpose  and  such  county,  by
      resolution  of  its  county legislative body, may appropriate and expend
      any available county moneys to pay all or part of the cost of  any  such
      object  or  purpose,  or such cost may be financed, in whole or in part,
      pursuant to the local finance law.
        2. The county legislative body may, by resolution, direct  the  county
      superintendent  of  highways  to  examine  such  highways,  bridges  and
      culverts, or  sections  thereof  and  submit  a  report  to  the  county
      legislative  body.  Upon receipt thereof the county legislative body may
      direct the county superintendent to prepare  or  cause  to  be  prepared
      designs,   plans,   specifications   and   estimates  of  the  costs  of
      construction, reconstruction or improvement. The county legislative body
      may  thereupon  adopt  a  resolution  providing  for  the  construction,
      reconstruction or improvement as submitted, or with any modifications it
      may approve.
        3.   The  county  legislative  body  may  award  a  contract  for  the
      construction,  reconstruction  or  improvement,  as   herein   provided.
      However,  no  contract  for  such  work  shall  be  let  by  the  county
      legislative body until the  governing  body  of  such  municipality  has
      appropriated funds sufficient to pay the estimated cost of relocating or
      altering  public  authority  utilities  or  municipally  owned  utilties
      located within the designated project area as set forth  in  the  county
      resolution,  nor  shall the county legislative body award a contract for
      such construction, reconstruction or  improvement  until  all  necessary
      rights-of-way,  easements and land, title to which is not already vested
      in the municipality shall have been acquired by the municipality at  the
      municipality's  expense,  and  proposed grade crossing eliminations have
      been approved by the appropriate authority.
        4. The construction, reconstruction or improvement authorized  by  the
      county  legislative  body  pursuant  to  this section shall be performed
      under the direction and supervision  of  the  county  superintendent  of
      highways.
        5. Payments for construction, reconstruction or improvement authorized
      by  the  county  legislative body pursuant to this section shall be made
      from time to time by the county treasurer upon the  certificate  of  the
      county superintendent of highways.
        6.  Upon  completion  of a construction, reconstruction or improvement
      authorized by the county legislative body pursuant to this section,  the
      highways,  bridges or culverts, or sections thereof, shall be thereafter
    
      maintained and repaired by the municipality in which they are  situated,
      unless  the municipality and county shall, by written agreement, provide
      that such  highways,  bridges  or  culverts,  or  sections  thereof,  or
      approaches  thereto  shall  be thereafter maintained and repaired by the
      county. There shall be no transfer of  title  to  the  county  from  the
      municipality  therein  of  any  highway,  bridge  or culvert, or section
      thereof constructed, reconstructed or improved pursuant to this section.
        7. The provisions of this section shall not apply to  counties  wholly
      contained within a city.