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§ 122a amended.
hundred forty-eight; Paynes Corners-Banksville; Goldens Bridge hamlet connection; Mohansic Lake connection; highway fifty-three hundred sixty-four-a-Quaker Bridge-Spitzenberg Hill-Peekskill; Pine Bridge-Whitehall Corners; Huntersville Bridge-Croton avenue-Crompound road; Yorktown-Lincolndale; Croton Reservoir-Mohansic Lake; New York City line-Mamaroneck-Connecticut state line; Annsville-Cortlandville-Crompound road; Grant Corner. South Salem; Croton Bridge connection; from the northerly end of county highway fifty-four northwesterly to intersect the CrotonCroton Dam-Croton Bridge highway about one mile easterly from Croton Dam; from the northerly end of county highway nine hun dred one northwesterly to the westerly end of county highway fourteen hundred fifty-seven; county highway nine hundred one connection.
58. Wyoming county. Varysburg-Warsaw, part one; Warsaw village connection; Warsaw-Perry Center; Pike-Castile; Wyoming village-Wyoming Station; Arcade-Pike; Java Center-Waldo Corners-Smith Corners; Pavilion-Griegsville, part two; HumePike, part two; Pike-Gainesville; Arcade-Farmersville, part one; Letchworth Park connection; Halls Corners-Attica Center to county highway twelve hundred sixty-seven; School number four-North Java-Varysburg; Arcade-East Arcade-Waldo Corners; Pike-Portageville; Alden-Cowlesville, part two; Cowlesville-Bennington; Bennington-Attica, part one; Bennington-Corfu, part one; Person Corner-Bennington; Smith Corner-Rock Glen; Attica-Darien, part one; Perry-Mount Morris, part one; ArcadeJava village.
59. Yates county. Wayne-Dundee, part two; Penn Yan-Potter; Naples-Middlesex, part two; Hammondsport-Branchport, part three; Dresden-Geneva, part one; Middlesex-Rushville; Reading Center-Starkey, part two; Starkey-Dresden; Dundee-Starkey; Keuka-Penn Yan, part two; Italy Hill-Branchport; PrattsburgItaly Hill, part three; Vine Valley-Overacker Corners; Italy HillPotter; Woodville-Vine Valley, part two; Overacker CornersCanandaigua, part one; from highway twelve hundred ten at Bluff Point southerly to the boundary line of the Bluff Point state park. All of the highways referred to by number in the foregoing counties are the highways so numbered on the records of the state department of highways.
The geographical names used in this section to designate county highways are so used for the purpose of general identification and the terminals of such highways are indicated on the maps to which reference is made in section one hundred and twenty-two-a.
§ 3. Section one hundred and twenty-two-a of such chapter, as last amended by chapter one hundred and twenty-two of the laws of nineteen hundred and twenty-five, is hereby amended to read as follows:
§ 122-a. Approval of map. The map filed with the secretary of state by the joint legislative highway committee authorized and
4 Section 122a was not amended by L. 1925, ch. 122. This section was added by L. 1921, ch. 18.
created by concurrent resolutions of the senate and assembly adopted April eighteenth, nineteen hundred and nineteen, and February eleventh, nineteen hundred and twenty, prior to the passage of this chapter as amended by this act, on which is shown the system of highways of the state of New York and including the state and county highways yet to be constructed, as designated, set forth and described in sections one hundred and twenty and one hundred and twenty-two of this chapter, is hereby approved, and all previous maps of the highway system of the state are hereby revoked and annulled.
The map submitted to the legislature in March, nineteen hundred and twenty-five, on which is shown a system of highways of the state of New York, which includes the highways which are added to the present system by this act, is hereby approved and such map shall be filed with the secretary of state within ten days after this act shall have become a law, but in each county, none of the highways added to the present system of highways of the state of New York by this act shall be advertised for contract until all of the highways in such county which are indicated for improvement by chapter eighteen of the laws of nineteen hundred and twenty-one and all acts amendatory of sections one hundred twenty and one hundred twenty-two of the highway law to and including chapter one hundred and twenty-two of the laws of nineteen hundred and twenty-five, and which are still eligible for improvement pursuant to this act, shall have been contracted or taken over for maintenance by the state in such county.
§ 4. This act shall take effect immediately.
AN ACT to amend the highway law, in relation to acquisition of lands for county aid highways in cities, villages and towns in certain counties. Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter thirty of the laws of nineteen hundred and 3201 nine, entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," is hereby amended by ch. 30. inserting therein a new section to be section three hundred and twenty-j, to read as follows:
§ 320-j. Acquisition of lands for county aid highways in cities, villages and towns in certain counties. If in a county having a population of more than three hundred thousand according to the last federal or state census or enumeration, adjoining a city having a population of one million and upwards, a highway proposed to be constructed and improved provided by sections three hundred and twenty-a, three hundred and twenty-b and three hundred and twenty-c of this article
shall deviate from the line of a highway already existing, the governing body of any such municipality or municipalities in which such highway is, or the respective parts of such highway are located, shall provide the requisite right of way prior to the advertisement for proposals. The provisions of sections one hundred and forty-nine, one hundred and fifty, one hundred and fifty-one, one hundred and fifty-two, one hundred and fifty-three and one hundred and fifty-four of this chapter shall apply to such providing of right of way in the same manner as to providing right of way for state and county highways in so far as the same may be applicable thereto, except that any reference in any of said sections to the board of supervisors, the county treasurer or other county officer shall for the purposes of this section be construed to mean the governing body or similar officer of any such municipality. The cost of such lands either by purchase or condemnation, and the necessary expenses incurred for providing the same, as provided by this section shall be a charge against the municipality whose duty it is to acquire the same. Such costs and expenses may be included in the tax levied or paid out of the proceeds of certificates of indebtedness of such municipality to be issued as provided by this section. If the governing body of any such municipality deems it advisable to pay the same out of the proceeds of certificates of indebtedness of such municipality, such governing body shall thereupon estimate the cost of such lands, including the necessary expenses to be incurred in connection with the acquisition of same and make available the necessary moneys required therefor by the issuance from time to time of certificates of indebtedness to be payable out of the proceeds of bonds to be issued as provided by this section. In case it is found that the actual cost will exceed such estimated cost, the governing body of any such municipality may make such additional estimates of cost as it deems necessary and proper and shall appropriate and make immediately available any such additional estimates of cost in the same manner as the original estimate of cost. The governing body of any such municipality is hereby authorized and directed to issue from time to time bonds of such municipality to pay the estimated costs of such lands including the necessary expenses to be incurred in connection with the acquisition of same and to take up the certificates of indebtedness so issued or authorized issued, provided, however, that such governing body may provide for the payment of any such bonds within twenty years from their respective dates of issue. Such bonds shall be issued in the same manner as other bonds of any such municipality and the rate of interest of such bonds shall not exceed six per centum per annum. Such bonds shall be sold for not less than their par value, upon notice as provided by law and shall be signed by the officials who sign other bonds of such municipality and in the case of a town they shall be signed by the supervisor of such town, attested by the town clerk of said town, after affixing the seal of said town. It shall be the duty of the governing body of any such municipality to cause to be
raised annually by tax upon the taxable property of such municipality in the same manner as other taxes are levied and collected, a sufficient sum to pay the interest upon said certificates of indebtedness and bonds when and as the same become due and payable and also to raise by tax upon the taxable property of such municipality the moneys necessary to pay the principal of said bonds as the same shall become due.
§ 2. This act shall take effect immediately.
AN ACT to amend the highway law, in relation to the improvement of highways in towns within certain counties.
Became a law April 2, 1925, with the approval of the Governor. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter thirty of the laws of nineteen hundred and Art. 8A nine, entitled "An act relating to highways, constituting chapter 242-2424) twenty-five of the consolidated laws," is hereby amended by add- added to ing a new article, to be article eight-a, to read as follows: ch. 30.
IMPROVEMENT OF HIGHWAYS IN CERTAIN TOWNS.
Application; map; towns to which applicable.
242-b. Acquisition and transfer of property.
242-d. Temporary certificates of indebtedness.
§ 242. Application; map; towns to which applicable. The town board of any town having an assessed valuation of thirty million dollars or more in a county having a population of more than three hundred and fifty thousand according to the last federal or state census or enumeration, adjoining a city of the first class having a population of one million and upwards, may, upon the application of the superintendent of highways of such town, or upon their own motion, make an order directing the widening, paving and improvement of a highway or any portion thereof, situated wholly within such town pursuant to the provisions of this article. The application, if any, and the order shall describe the part of the highway proposed to be widened, paved and or improved, and shall state that such improvement is necessary for the public convenience and welfare. Before the adoption of such an order the town board shall cause to be made, a map showing the property proposed to be acquired for such improvement, and an estimate of the cost of the work.
§ 242-a. Order. If the town board is satisfied that public convenience demands that such highway be widened, paved and
or improved, it shall make an order directing such improvement. The order shall be entered upon the minutes of the board and the work in connection with such improvement shall be done under the supervision of the town superintendent of highways.
§ 242-b. Acquisition and transfer of property. The town board shall thereupon proceed to acquire the property described in the order and such other property as it may deem necessary for the purposes of the improvement. Such property or any part thereof, may be acquired by gift, devise, or by purchase, and if unable to agree with the owner, the town board may acquire the same by condemnation in the manner provided by the condemnation law. The town board may exchange, sell, convey and transfer any property acquired under the provisions of this article, and with the proceeds thereof purchase other property for highway purposes.
§ 242-c. Bonds. Before taking title to such real property the town superintendent of highways shall file with the town board a written statement specifying the amount of money needed to make the improvement, including engineering and other necessary expenses and it shall be the duty of the town board to raise the amount of money specified in such statement by the issue and sale of its bonds as provided by the town law, except that it shall not be necessary to obtain the 'authorization of the board of supervisors of the county wherein which such town is located for the issuance and sale of bonds authorized under this article.
§ 242-d. Temporary certificates of indebtedness. The improvement of such highway, including the cost of land acquired, may be financed by the issuance of temporary certificates of indebtedness of the town, bearing interest at a rate of not exceeding six per centum per annum, and shall be authorized by resolution of the town board and shall not be negotiated at less than par value and may be renewed from time to time. Such temporary certificates of indebtedness shall be payable on demand or at the option of the town board may be payable at a future time, not exceeding one year, and may be made subject to an earlier call for payment. The amount of such temporary certificates of indebtedness shall not exceed the maximum amount proposed to be expended for such improvement, as set forth in the estimate of the town superintendent of highways and the proceeds of bonds issued and sold under the provisions of this article, shall be devoted to the payment of the cost of the improvement, including the cost of land acquired and for paying and redeeming any temporary
certificates of indebtedness issued therefor.
§ 2. This act shall take effect immediately.