NY Hwy L § 142 (2021)
2021 New York Laws HAY - Highway Article 7 - Town Superintendents 142 - Machinery, Tools, Equipment and Implements.

§  142.  Machinery,  tools,  equipment  and implements. 1. a. The town   superintendent may, with  the  approval  of  the  town  board,  purchase   equipment,   tools   and   other  implements  to  be  used  for  highway   maintenance, construction  or  reconstruction,  snow  ploughs  or  other   devices   for  the  removal  of  snow  from  the  highways  from  moneys   appropriated for that purpose. However, the town board may authorize the   town superintendent to purchase such  equipment,  tools  and  implements   without prior approval in an amount or amounts to be fixed, from time to   time, by the board.b.  The  approval  of  the  town  board shall not be necessary for the   purchase by the town superintendent of highways equipment enumerated  in   subdivision  one hereof, in towns of the first class in Erie county when   such purchases are in amounts less than one  thousand  dollars,  nor  in   towns  of  the  second  class  in Erie county when such purchases are in   amounts less than five hundred dollars.2. All tools, implements and other highway equipment owned  either  by   the  town  or  the  highway districts therein, shall be used by the town   superintendent in such manner and in such places in  such  towns  as  he   shall  deem  best. They shall be under the control of the superintendent   and be cared for by him at the expense of the town.3. The town superintendent shall annually make a written inventory  of   all  such  machinery,  tools,  implements and equipment, indicating each   article and stating the value thereof, and the  estimated  cost  of  all   necessary  repairs thereto, and deliver the same to the town board on or   before September thirtieth in each year. He shall at the same time  file   with  the  town  board his written recommendations as to what machinery,   tools, implements and equipment should be purchased for the use  of  the   town, and the probable cost thereof.4.  The town superintendent shall provide a suitable place for housing   and storing machinery, tools, implements and equipment owned by the town   and cause the same to be stored therein, when not in  use.  Pursuant  to   the  provisions  of  article fourteen of the town law, the town board of   any town may authorize the town superintendent to purchase  real  estate   with  a  suitable  building  or  buildings  thereon, or to purchase real   estate in the name of the town and erect  thereon  a  building  for  the   purpose  of  housing  and  storing such machinery, tools, implements and   equipment, or to erect a building for such purposes on real estate owned   by the town. Capital improvements may be made to any building erected or   purchased pursuant to this subdivision.4-a. Notwithstanding the provisions of article fourteen  of  the  town   law  and of subdivision four of this section, the town board of any town   in the county of Westchester which contains the whole or any part  of  a   village  that  forms  a separate highway district may authorize the town   superintendent, for the purpose of providing for the housing and storing   of machinery, tools, implements and equipment  owned  by  the  town,  to   purchase real estate in the name of the town with a suitable building or   buildings  thereon,  or  to purchase real estate in the name of the town   and erect thereon a building or buildings, or to  erect  a  building  or   buildings  on  real  estate  owned  by  the  town,  or  to  make capital   improvements to any building or buildings owned by  the  town,  provided   that  the  cost  of any such object or purpose shall be assessed, levied   and collected from the several lots and parcels  of  land  in  the  town   outside  of  any such village in the same manner and at the same time as   other town charges. The principal of and interest  on  any  indebtedness   contracted  for any such object or purpose shall be assessed, levied and   collected, in the first instance, in like manner, but if not  paid  from   such  source,  all of the taxable real property within the town shall be   subject to the levy of ad  valorem  taxes  to  pay  such  principal  and    interest.  Except  where  an  expenditure  authorized  pursuant  to this   subdivision is to be financed, in whole or  in  part,  pursuant  to  the   local finance law, the authorization of any such expenditure by the town   board  shall  be  subject  to  a  mandatory  referendum  in  the  manner   prescribed in article six of the town law, provided that no person shall   be entitled to vote upon the proposition for any such expenditure unless   he or she is an elector and the owner of property in the town outside of   any such village assessed upon the last preceding town assessment roll.5. The town superintendent may also, with the  approval  of  the  town   board,  sell  any such machinery, tools, implements and equipment, which   are no longer needed by the town, or which are worn out or obsolete,  or   may  exchange the same or surrender it to the vendor as part payment for   new machinery, tools, implements and equipment. If  sold,  the  proceeds   shall,  under  the  direction  of  the  town board, be applicable to the   purchase of the machinery, tools, implements and equipment mentioned  in   subdivision  three  of  section two hundred seventy-one of this chapter.   Where there is an incorporated  village  constituting  a  separate  road   district,  wholly  or  partly  in  a town which has purchased machinery,   tools or other highway or snow removal equipment the town board of  such   town  may  permit the use thereof by such village upon such terms as may   be agreed upon.