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This entry was published on 2014-09-22
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SECTION 455
Contracts for municipal bridge improvements
Transportation (TRA) CHAPTER 61-A, ARTICLE 20
§ 455. Contracts for municipal bridge improvements. Any such contract
between the commissioner and a municipality may include such provisions
as may be agreed upon by the parties thereto and shall include, in
substance, the following:

1. the municipal bridge improvements cost;

2. an agreement by the commissioner to pay to the municipality during
the progress of construction or following completion of construction, as
may be agreed upon by the parties, an amount equal to eighty percent of
the cost of the bridge improvements;

3. an agreement by the municipality:

(a) to proceed expeditiously with and complete the bridge improvements
as approved by the commissioner;

(b) to apply for and/or make reasonable efforts to secure federal
assistance, if any, for the bridge improvements;

(c) to secure the approval of the commissioner before applying for
such federal assistance, in order to maximize the amounts of such
assistance received or to be received for all improvements in New York
state;

(d) to maintain the municipal bridge improvements at its own expense
in accordance with the requirements of the commissioner for the period
of time corresponding to the period of useful life for such improvements
as determined by reference to section sixty-one of the state finance
law;

(e) to certify to the commissioner that the amount of funds
historically appropriated for highway and bridge capital purposes by
that municipality shall not be reduced because of the availability of
the proceeds of the sale of bonds authorized in the Accelerated Capacity
and Transportation Improvements of the Nineties Bond Act; and

(f) to pay twenty percent of the cost of the municipal bridge
improvements; provided, however, that a municipality may be exempted
from payment of such share when such share does not exceed one thousand
dollars. Municipalities shall be authorized to enter into specific
municipal bridge improvements contracts with the commissioner to advance
any phase or phases of the municipal bridge improvements with their
resources. The unreimbursed municipal costs attendant to the use of such
resources may be credited as all or a portion of the municipality's
twenty percent share of such municipal bridge improvements, as approved
by the commissioner.