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This entry was published on 2014-09-22
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SECTION 131-K
County aid for construction and improvement of certain public highways and bridges in municipalities
Highway (HAY) CHAPTER 25, ARTICLE 6
§ 131-k. County aid for construction and improvement of certain public
highways and bridges in municipalities. 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.