NY Second Class Cities L § 124 (2021)
2021 New York Laws SCC - Second Class Cities Article 8 - Department of Contract and Supply 124 - Contracts for Paving.

§ 124. Contracts  for  paving.  The  common  council shall, by general   ordinance, prescribe, approve and adopt the  materials  to  be  used  in   paving,  repaving,  repairing,  surfacing or resurfacing the streets and   public places of the city, and fix the standard of excellence  and  test   required  for  each  such  material.  The  city  engineer  shall prepare   standard specifications, in accordance  with  such  ordinance,  for  the   performance  of the work involved in such improvements with each kind of   materials so prescribed, approved and  adopted  therefor.  Whenever  the   common  council  shall  determine  to make any such improvement, and the   proceedings provided by law  as  preliminary  thereto  shall  have  been   taken,  the  board  of contract and supply shall advertise for proposals   for the furnishing of the materials and  the  performance  of  the  work   involved  in such improvements, and specifications shall be prepared and   proposals shall be invited, pursuant to the provisions of this  chapter,   for  the  construction  of  such  improvement  with  each kind of paving   material so prescribed, approved and adopted by the common  council.  In   case  the  expense  of  any  such improvement is to be assessed upon the   property abutting upon the street, or part thereof, to be  improved  and   more  than  one  kind  of  material  is  prescribed, approved or adopted   therefor, the secretary of  the  board  shall,  within  one  week  after   proposals  for  such  work  have  been  received and opened, cause to be   published in a daily official paper for four successive days,  exclusive   of  Sunday,  a  notice  containing  a  summary  statement  of  all  such   proposals. A majority of said property  owners,  owning  not  less  than   one-third  of  the  feet  front  of  property  abutting  on such street,   exclusive of city property, may present to the  board  of  contract  and   supply  a  petition  or  other  writing  designating the general kind of   pavement or material to be used in making said improvement. If  no  part   of  the  expense of such improvement is to be assessed upon the property   abutting upon said street, or if such expense is to be so assessed,  but   the property owners shall not have made a designation or shall have made   more than one designation, as herein provided, the common council shall,   not  later  than at its next regular meeting after the expiration of ten   days from the service of such notice, designate the kind of pavement  or   material  to  be  used  in making such improvement, and the contract for   such improvement shall be awarded for the kind of pavement  or  material   so designated by the property owners or common council as aforesaid, and   to  the  lowest  bidder  for doing the work with the kind of pavement or   material so designated. In case, however, two-thirds of  the  owners  of   property,  owning at least three-fifths of the linear feet fronting upon   said street, or part thereof, shall designate a particular  make,  style   or  brand  of the kind of pavement or material to be used in making such   improvement, the contract therefor shall be awarded to the lowest bidder   for such make, style or brand of such  kind  of  pavement  or  material,   although  the  same  is  not the lowest bid for such kind of pavement or   material so designated. Where a street surface railroad shall be laid in   any street which it is determined to improve  as  herein  provided,  the   proposals   and   contract   for  such  improvement  shall  include  the   improvement of the space between  the  tracks  of  such  street  surface   railroad, the rails of such tracks and two feet in width outside of such   tracks,  and  the work of improvement in such space shall be done at the   same time and under the same supervision as the work of  improvement  of   the  remainder  of  such  street. After opportunity to be heard has been   given to the company owning or operating such street  surface  railroad,   the  board of contract and supply may prescribe the materials to be used   in improving such street within the railroad space above described.  The   entire  expense  of  the improvement within such railroad space shall be   assessed and levied upon the property of the company owning or operating    such railroad and shall  be  collected  in  the  same  manner  as  other   expenses  for  local  improvements are assessed, levied and collected in   the city; and an action may also be maintained by the city  against  the   company  in  any  court of record for the collection of such expense and   assessment.