§ 48. State highways of additional width and increased cost at expense
of town. Whenever the department of transportation shall have determined
upon the construction or improvement of a state highway or section
thereof and it is desired by any town in which such proposed highway is
situated to construct or improve the same at a greater width or in a
manner involving greater cost, or both, than that provided in the plans
and specifications as prepared by the department of transportation, the
town board may petition the department of transportation for an estimate
of the additional cost of constructing or improving the same to a width
or in a manner, or both, as desired by such board. The department of
transportation shall as soon as practicable make an estimate of such
additional cost and transmit the same to the town board, and the town
board may thereupon by resolution petition the department of
transportation to provide the width and type of construction desired.
The additional expense caused by the increased width or different type
of construction, or both, shall be borne wholly by the town. The
department of transportation shall, in its discretion, upon receipt of
such resolution, if filed prior to the advertisement for bids, or during
the course of construction, provide for the width and type of
construction described in such resolution. Whenever the department of
transportation shall have approved such a resolution the plans,
specifications and estimate of cost shall be submitted to the town
board, who, if it approve such plans, specifications and estimate of
cost shall, by resolution, duly adopted by a vote of a majority of all
the members of such board, appropriate the funds necessary to provide
for the portion of the cost of construction to be borne by the town.
Such funds shall, prior to the award of the contract, be deposited by
the town with the state comptroller, subject to the draft or requisition
of the department of transportation, and a certified copy of the
resolution shall be filed with the department of transportation. Upon
the completion of the highway within a town where a portion of the cost
is borne by the town the department of transportation shall transmit to
the town board a statement showing the actual cost of the additional
width or changed construction including a proportionate charge for
engineering and shall notify the town clerk that it will accept the work
within twenty days from the date of such notice unless protest in
writing against the acceptance shall be filed by such clerk with the
department of transportation. In case a protest is filed the department
of transportation shall hear the same and if it is sustained the
department of transportation shall delay the acceptance of the highway
or section thereof until the same be properly completed. If no protest
is filed the highway or section thereof shall at the expiration of the
said twenty days be deemed finally completed and accepted on behalf of
the town and the state and shall thereafter be maintained in the manner
provided in this chapter for maintenance and repair of state highways.