Section 304. Project grant procedure  


Latest version.
  • State moneys may be expended for any
      municipal  project  pursuant  to  a  contract  entered   into   by   the
      commissioner,  in  the  name of the state, and the municipal corporation
      undertaking such project. Any such contract may include such  provisions
      as  may  be  agreed  upon  by the parties thereto, and shall include, in
      substance, the following provisions:
        a. An estimate of the reasonable cost of the project as determined  by
      the commissioner.
        b.  An  agreement  by  the  commissioner to pay to or on behalf of the
      municipal corporation, following completion of the  project,  or  during
      the  undertaking  thereof,  in  the form of progress payments, as may be
      agreed upon by the parties and subject to the rules and  regulations  of
      the  commissioner,  the  state  share  of  the  project  cost  as he may
      determine in accordance with section three hundred of this article.
        c. An agreement by the municipal corporation:
        (1) To proceed  expeditiously  with,  and  complete,  the  project  in
      accordance with plans approved by the commissioner;
        (2) To commence and continue operation of the project on completion of
      the  project, and not to discontinue operation or dispose of the project
      without the approval of the commissioner;
        (3) To provide for the payment of the municipal corporation's share of
      the cost of the project, and
        (4) To include in its planning for the project, to the extent mutually
      deemed appropriate, consideration and planning for joint development  as
      defined  in section fourteen-d of the transportation law relating to the
      environment of the area in which the project is to be constructed.
        d. A provision that, in the event that federal  assistance  which  was
      not included in the calculation of the state payment pursuant to section
      three  hundred  of  this  article  becomes  available  to  the municipal
      corporation, the amount of the state payment shall be recalculated  with
      the  inclusion  of  such additional federal assistance and the municipal
      corporation shall either (1) pay to the state the amount  by  which  the
      state  payment actually made exceeds the state payment determined by the
      recalculation or, (2) if such additional federal assistance has not been
      received by the municipal corporation, authorize the  state  to  receive
      such  amount  from  the  federal government and to retain an appropriate
      amount  thereof.  The  commissioner  may  adopt  rules  and  regulations
      governing  the  making  and  enforcing  of  contracts  pursuant  to this
      subdivision. Contracts entered into pursuant to this  subdivision  shall
      be  subject  to  approval  by the state comptroller, the director of the
      budget and by the attorney general as to form. All payments by the state
      pursuant to such contracts shall be made after audit  by  and  upon  the
      warrant of the comptroller on vouchers approved by the commissioner.