2006 New York Code - Construction And Repair Of Highways And Bridges; Rules And Regulations To Prevent Improper Use.

 
    §  24-356  Construction  and repair of highways and bridges; rules and
  regulations to prevent improper use. a. The city is hereby  required  to
  build  and  construct such highways and bridges as may be made necessary
  by the construction of any  reservoir  under  this  subchapter,  and  to
  repair  and forever maintain such additional highways and bridges and to
  remove the snow and to sand the  highway  surfaces  whenever  necessary,
  except  such as shall be part of any state route; and in case any bridge
  or highway thus constructed shall cross any railroad,  it  shall  do  so
  above  or below such railroad and not upon the same level. The plans and
  specifications for any highways required to  be  constructed  under  the
  provisions  of this section shall be approved by the state department of
  transportation.
    b. The  commissioner  of  environmental  protection  shall  make  such
  reasonable  rules and regulations, not in conflict with the highway law,
  as may be necessary to prevent improper and destructive use of  highways
  and bridges constructed under the provisions of the water supply laws of
  the  city  of  New  York.  Provided,  however,  that the commissioner of
  environmental protection shall have  no  greater  authority  in  respect
  thereto  than  is now, or may hereafter be, vested by the highway law of
  the state of New York in  the  town,  county  or  state  authorities  in
  relation  to  the  construction and regulation of town, county and state
  highways. Any individual or corporation failing to  observe  such  rules
  and regulations shall be guilty of a misdemeanor and, in addition, shall
  be  liable  for  actual  damages  to  such  highways  and bridges, to be
  recovered by the city.
    c. The state commissioner of transportation, in his or her discretion,
  shall have the power to perform, at the request of the  commissioner  of
  environmental  protection  and  at  the expense of the city, any work of
  original construction of substituting routes required to be performed by
  the city pursuant to this section. Whenever the  state  commissioner  of
  transportation  shall  grant  such  a  request  of  the  commissioner of
  environmental protection, he or she shall prepare  and  submit  to  such
  commissioner  of  environmental  protection  for  his or her approval an
  estimate of the cost of performing such  work.  Such  estimate  of  cost
  shall be an estimate of the cost of performing such work of construction
  pursuant   to   plans,   designs  and  specifications  prepared  by  the
  commissioner of environmental  protection  and  approved  by  the  state
  commissioner   of   transportation,  and  shall  include  all  costs  in
  connection  with  performing  such  work,   including   the   costs   of
  engineering, auditing and administration. Upon approval of such estimate
  by   the  commissioner  of  environmental  protection,  the  city  shall
  thereupon deposit with the  state  comptroller,  who  is  authorized  to
  receive  and accept the same, for the purpose of this subdivision, a sum
  of money equal to such estimate, which shall be subject to the draft  or
  requisition  of  the  state commissioner of transportation and a copy of
  the  resolution  of  such  commissioner  of   environmental   protection
  authorizing  such  deposit shall be filed with the state commissioner of
  transportation and with the state comptroller. If, at any time prior  to
  the award of a contract for the performance of such work or prior to the
  state  commissioner of transportation becoming obligated to award such a
  contract, it appears to such commissioner  of  environmental  protection
  that  the  state commissioner of transportation, for any reason, will be
  unable to award a contract for the performance of such work or  that  it
  is  undesirable  that  such  a  contract  be awarded, any sum or sums so
  deposited by  the  city,  less  the  amount  of  cost  which  the  state
  commissioner  of  transportation  has already incurred, if any, shall be
  refunded to the city by  the  state  comptroller  upon  demand  of  such
  commissioner  of  environmental protection made to the state comptroller


  and to the state commissioner of transportation. The performance of  any
  such  work  of  construction  shall be by contract, to be let, so far as
  practicable, in the manner  provided  by  section  thirty-eight  of  the
  highway  law,  which  section  shall,  so  far  as practicable, apply to
  contracts hereunder and payments thereon. Such contract shall be subject
  to and in conformity with such plans, designs and specifications of  the
  commissioner  of environmental protection. No contract shall be executed
  for any such work until satisfactory proof has  been  furnished  to  the
  state  commissioner  of  transportation that the city has made available
  any real property required and any easements deemed necessary. When work
  performed by the state commissioner of transportation hereunder has been
  completed  and  the  cost  thereof  paid,  the  state  commissioner   of
  transportation   shall  render  to  the  commissioner  of  environmental
  protection an itemized statement showing in full (a) the amount of money
  which has been deposited by the  city  with  the  state  comptroller  in
  connection  with  such work, and (b) all disbursements made by the state
  commissioner of transportation in connection  with  the  performance  of
  such  work. Any surplus money shall be paid to the city upon the warrant
  of the state comptroller upon vouchers therefor approved  by  the  state
  commissioner of transportation.