New York Highway Code § 12

Commissioner to provide for maintenance, repair, and for control of snow and ice; roads and driveways on state lands
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§ 12. Commissioner to provide for maintenance, repair, and for control\nof snow and ice; roads and driveways on state lands. 1. The maintenance\nand repair of improved state highways in towns and incorporated\nvillages, exclusive, however, of the cost of maintaining and repairing\nbridges having a span in excess of twenty feet shall be under the direct\nsupervision and control of the commissioner and he or she shall be\nresponsible therefor. The cost of such maintenance and repair shall be\nborne wholly by the state and be paid from moneys appropriated therefor\nby the legislature. Such maintenance and repair may be done in the\ndiscretion of the commissioner either directly by the department or by\ncontract awarded to the lowest responsible bidder at a public letting\nafter due advertisement, and under such rules and regulations as the\ncommissioner may prescribe. The commissioner shall also have the power\nto adopt such system as may seem expedient so that each section of such\nhighways shall be effectively and economically preserved, maintained and\nrepaired.\n  2. The maintenance of state highways shall include the control of snow\nand ice on such highways or any parts thereof, as the commissioner may\ndeem to be necessary to provide reasonable passage and movement of\nvehicles over such highways. The commissioner is authorized also to\nerect snow fences at suitable locations. The work of such control of\nsnow and ice may be done by any municipality which for the purposes of\nthis section shall include only a county, city, town or village. The\ngoverning board or body of any such municipality and the commissioner\nare hereby authorized to enter into an agreement for the performance of\nthe work of such control of snow and ice upon such terms, rules and\nregulations as may be deemed by the commissioner to be for the best\ninterest of the public. Such agreement may provide for periodic payments\nbased upon a percentage of the estimated total cost. Any agreement\nauthorized by this subdivision shall be for a term of up to five years\nand at the expiration of the year preceding the last year of the term\nspecified in the agreement, as such term may be extended as herein\nprovided, the municipality shall notify the commissioner either (a) that\nit requests, with the approval of the commissioner, that the term of the\nagreement be extended for a specified term of up to five years or (b) it\nintends not to extend the agreement and such agreement shall expire at\nthe end of the term. If the municipality fails to notify the\ncommissioner as herein provided, it shall be deemed that the\nmunicipality intends not to extend the agreement. Such agreement may be\nterminated during the specified term provided the municipality shall\nnotify the commissioner eighteen months prior to such termination. If\nany such agreement expires, a new agreement between the commissioner and\na municipality may be entered into for a term of up to five years, with\nextended term or terms upon notification as above provided. Whenever the\ncommissioner shall deem the work of control of snow and ice by any\nmunicipality to be inadequate or unsatisfactory according to the terms\nof any such agreement, he or she may, by official order to be filed in\nthe department, and by filing a certified copy thereof in the office of\nthe department of state, cancel said agreement, and the payments\nthereunder provided by the state shall cease; whereupon the commissioner\nmay carry out the work of control of snow and ice. The official order\nprovided in this subdivision shall become effective at the expiration of\nfive days after the commissioner shall mail a certified copy thereof to\nthe clerk or other official who performs related duties in such\nmunicipality. The governing board or body of any such municipality is\nauthorized to appropriate such sum as it deems necessary to enable such\nmunicipality to perform the terms of such agreement. The work of such\ncontrol of sno

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