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This entry was published on 2014-09-22
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SECTION 114
Sources and use of county road fund moneys
Highway (HAY) CHAPTER 25, ARTICLE 6
§ 114. Sources and use of county road fund moneys. 1. State moneys,
together with the amount provided by the county under section one
hundred eleven of this chapter, including any moneys, collected from the
towns pursuant to an apportionment made as provided in sections one
hundred ninety-four and one hundred ninety-five of this chapter or other
law, shall be a common fund known as the "county road fund".

2. Such moneys shall be expended for construction, reconstruction and
maintenance of a county road system; for the construction,
reconstruction and maintenance of highways which are required or
authorized by law to be constructed, reconstructed or maintained wholly
or partly at the expense of the county, whether or not such highways are
a part of the county road system; for the control and removal of snow
and ice from state highways and county roads; and for the construction,
reconstruction and repair of highway bridges over twenty-five feet in
length located on town highways or such bridges located within a village
where such construction, reconstruction or repair is authorized by the
provisions of this chapter; and, for the payment of principal of and
interest on obligations issued to finance the cost of any expenditure
chargeable to and payable from the county road fund. If the expenses
for the construction, reconstruction and maintenance of a particular
highway or highways are to be charged to a town or towns, the expenses
for each highway shall be accounted for separately and be within the
appropriation made therefor by the board of supervisors.

3. The moneys in this fund shall be deposited in one or more banks or
trust companies designated as depositaries of county moneys, as provided
in section two hundred twelve of the county law and shall be accounted
for separate and apart from all other funds of the county, in the same
manner as provided in subdivision ten of section six-c of the general
municipal law. The moneys in the county road fund may be drawn upon
only for the purposes for which such moneys are authorized to be
expended.

4. When authorized by resolution of the board of supervisors, moneys,
other than the proceeds of borrowings, in the fund which are not
required for immediate expenditure may be invested by the county
treasurer in the manner provided in section eleven of the general
municipal law. Any interest earned or capital gains realized on the
moneys deposited or invested shall become part of such fund.

5. Notwithstanding the provisions of this section or any other
general, special or local law, the board of supervisors of a county may
authorize the expenditure of moneys in the county road fund other than
the proceeds of borrowing for any public highway, traffic or
transportation purpose of the county. Expenditures from such fund for
purposes other than those described in the foregoing subdivisions of
this section shall be paid by the county treasurer upon vouchers
approved by such county officer or officers as shall be designated by
the board of supervisors.

5. Notwithstanding any other provision of law, where and to the extent
that moneys are available in the county road fund to pay for the cost of
any expenditure which may be charged to and paid from the county road
fund, such expenditures shall be charged to the county road fund;
provided, however, that nothing in this subdivision shall prevent the
financing, in whole or in part, of any expenditure for which obligations
may be issued pursuant to the provisions of the local finance law.

6. Notwithstanding any other provision of law, a county may
contribute funds to a city, town or village towards its fifteen per
centum share of the cost of reconstructing a railroad bridge as required
by subdivision three of section ninety-four of the railroad law whether
or not the road, of which the bridge is a part, is under the
jurisdiction of a city, village, town or county and regardless of who
performs the work.