2023 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.