2006 New York Code - Expense Of Maintenance A Joint Charge; Reconstruction Of Bridges.

 
    § 26. Expense   of  maintenance  a  joint  charge;  reconstruction  of
  bridges. Upon the acquisition as aforesaid by this  state  jointly  with
  the  commonwealth  of  Pennsylvania of the bridge properties, rights and
  franchises, as hereinbefore provided, such bridge or bridges, except  in
  the  case of railroad or railway bridges as hereinbefore provided, shall
  be and remain in the charge and custody of the  said  joint  commission,
  and   such  bridges  and  the  immediate  approaches  thereto  shall  be
  maintained jointly by this state and the commonwealth of Pennsylvania in
  equal proportions, and shall be kept in constant repair so long  as  the
  said  joint  commission  deems  it  feasible  so  to do, and the expense
  thereof and therefor shall be paid as are other expenses incident to the
  maintenance of property in the charge and custody  of  the  said  state;
  however,  and  notwithstanding  the  aforesaid provision as to the joint
  maintenance  of  the  approaches  to  such  bridges,  if  and  when  the
  department  of  highways of the commonwealth of Pennsylvania shall, with
  the approval of the said joint commission, maintain at its sole  expense
  said  approaches  lying  in  Pennsylvania as a part of its state highway
  system or  otherwise,  then,  and  in  that  event,  the  department  of
  transportation  of  New  York  state,  with  the  approval of said joint
  commission, shall take over and maintain all of  such  approaches,  with
  the  exception  of the approach in Port Jervis, lying in New York state,
  such approaches in New York state to be  considered  as  the  length  of
  existing roads between the bridge head of the respective bridges and the
  nearest  intersecting  public  road  or  street,  and  the  cost of such
  maintenance by said department of transportation shall be  payable  from
  any  moneys  available  for  the maintenance of state highways; provided
  that appropriate concurrent legislation for the same purpose be  enacted
  by the commonwealth of Pennsylvania.
    If  in  the  discretion  of  said  joint commission it shall be deemed
  infeasible to continue the repairing of any such  bridge  and  the  said
  joint commission shall therefore determine to discontinue the public use
  thereof  then  the  interstate  bridge  commission  may  enter  into  an
  agreement with  the  department  of  highways  of  the  commonwealth  of
  Pennsylvania  for  the  removal  of  such bridge and the expense of such
  removal shall be paid  one-half  by  this  state  and  one-half  by  the
  commonwealth of Pennsylvania.
    The   said  interstate  bridge  commission  is  hereby  empowered  and
  authorized to enter into an agreement or agreements with the  department
  of  highways  of the commonwealth of Pennsylvania for the reconstruction
  of the existing free bridges  across  the  Delaware  river  between  the
  commonwealth  of  Pennsylvania  and the state of New York at or near the
  present location of such bridges as may be fixed and  determined  in  an
  agreement or agreements entered into pursuant to the provisions hereof.
    Said  agreement  or  agreements  shall  provide  for  the  making  and
  preparation of the necessary surveys, plans and  specifications  by  the
  state  of  New York and the commonwealth of Pennsylvania, either jointly
  or by either, in such manner as may be agreed upon; and the  letting  of
  the  contract  and  the  supervision  and  inspection of the work may be
  handled in the same manner; provided, however, that  said  agreement  or
  agreements  shall make an equal division of the expense involved between
  the state of New York and the commonwealth of Pennsylvania, and provided
  further that each said state shall secure at its own  cost  and  expense
  the necessary right of way within its respective limits required for the
  reconstruction  of  said  bridges and approaches thereto, and each state
  shall bear the cost of said approaches within its respective limits.
    In carrying out the terms of any agreement or agreements entered  into
  pursuant  to  the  provisions  of  this  act  for  the reconstruction or
  maintenance of any bridge or bridges, as well as in connection with  the
  reconstruction  or  maintenance  of the necessary approaches in New York
  state, the said interstate bridge commission, acting by and through  the
  commissioner  of  transportation  shall  have  and exercise all the same
  rights  and  powers  as  are  vested  by  law  in  the  commissioner  of
  transportation relating  to  the  construction  of  state  highways  and
  bridges thereon.
    The  portion  of the cost and expense to the state of New York for its
  share of the engineering  and  the  reconstruction  of  said  bridge  or
  bridges,  as  well as the approaches thereto within said state, shall be
  payable from any moneys available for the construction or reconstruction
  of state highways and bridges thereon  to  be  paid  out  of  the  state
  treasury  on  the  audit  and  warrant  of  the state comptroller on the
  certificate of the commissioner of transportation countersigned  by  the
  interstate bridge commission of this state.
    Upon  the  completion of any such bridge or bridges they shall be free
  from toll and shall be in the charge  and  custody  of  the  said  joint
  commission,  and  such  bridge  or  bridges and the immediate approaches
  thereto shall be maintained jointly by this state and  the  commonwealth
  of  Pennsylvania  in  the  same way as other bridges across the Delaware
  river under the charge and custody of the joint commission.
    The share  of  New  York  state  of  the  cost  and  expense  of  such
  maintenance  and  repair  shall  be payable from any moneys of the state
  available for the maintenance and repair of state highways  and  bridges
  thereon  upon  vouchers  audited  by  the  interstate bridge commission;
  provided that appropriate concurrent legislation for the same purpose be
  enacted by the commonwealth of Pennsylvania.