2006 New York Code - Project Grant Procedure.



 
    § 304. Project  grant  procedure. State moneys may be expended for any
  municipal  project  pursuant  to  a  contract  entered   into   by   the
  commissioner,  in  the  name of the state, and the municipal corporation
  undertaking such project.  Any such contract may include such provisions
  as may be agreed upon by the parties  thereto,  and  shall  include,  in
  substance, the following provisions:
    a.  An estimate of the reasonable cost of the project as determined by
  the commissioner.
    b. An agreement by the commissioner to pay to  or  on  behalf  of  the
  municipal  corporation,  following  completion of the project, or during
  the undertaking therof, in the form of  progress  payments,  as  may  be
  agreed  upon  by the parties and subject to the rules and regulations of
  the commissioner, the  state  share  of  the  project  cost  as  he  may
  determine in accordance with section three hundred of this article.
    c. An agreement by the municipal corporation:
    (1)  To  proceed  expeditiously  with,  and  complete,  the project in
  accordance with plans approved by the commissioner;
    (2) To commence and continue operation of the project on completion of
  the project, and not to discontinue operation or dispose of the  project
  without the approval of the commissioner;
    (3) To provide for the payment of the municipal corporation's share of
  the cost of the project, and
    (4) To include in its planning for the project, to the extent mutually
  deemed  appropriate, consideration and planning for joint development as
  defined in section fourteen-d of the transportation law relating to  the
  environment of the area in which the project is to be constructed.
    d.  A  provision  that, in the event that federal assistance which was
  not included in the calculation of the state payment pursuant to section
  three hundred  of  this  article  becomes  available  to  the  municipal
  corporation,  the amount of the state payment shall be recalculated with
  the inclusion of such additional federal assistance  and  the  municipal
  corporation  shall  either  (1) pay to the state the amount by which the
  state payment actually made exceeds the state payment determined by  the
  recalculation or, (2) if such additional federal assistance has not been
  received  by  the  municipal corporation, authorize the state to receive
  such amount from the federal government and  to  retain  an  appropriate
  amount  thereof.  The  commissioner  may  adopt  rules  and  regulations
  governing the  making  and  enforcing  of  contracts  pursuant  to  this
  subdivision.  Contracts  entered into pursuant to this subdivision shall
  be subject to approval by the state comptroller,  the  director  of  the
  budget and by the attorney general as to form. All payments by the state
  pursuant  to  such  contracts  shall be made after audit by and upon the
  warrant of the comptroller on vouchers approved by the commissioner.

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