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.
Last modified: February 3, 2019