State Codes and Statutes

Statutes > New-york > Hay > Article-2 > 10-c

§   10-c.   Consolidated   local   highway   assistance  payments.  1.  Notwithstanding any other provisions of this chapter or any  other  law,  and subject to an appropriation made therefor and in accordance with the  provisions   of   this  section  and  with  the  rules  and  regulations  promulgated by the commissioner in connection therewith,  on  and  after  the  first  day  of  April,  nineteen hundred eighty-two, a consolidated  local highway assistance program is hereby established for  the  purpose  of making payments toward the construction, operation and/or maintenance  of  highways, bridges and highway-railroad crossings that are not on the  state highway system. For purposes of this section, such  program  shall  apply  to  any  county,  city,  town  or  village highway, bridge and/or  highway-railroad crossing within the state that  is  not  on  the  state  highway   system  and  not  under  the  maintenance  and/or  operational  jurisdiction  of  the  state.  The  commissioner  shall  promulgate  all  necessary  rules  and  regulations  to  carry out the program so that an  equitable distribution of  aid  shall  be  made  for  the  construction,  operation  and/or  maintenance  of  any  county,  city, town and village  highways, bridges and highway-railroad crossings.    2. On or before the twenty-fifth day of  April,  June,  September  and  November of each state fiscal year commencing with the state fiscal year  beginning  on  April  first, nineteen hundred eighty-four there shall be  distributed and paid to counties, cities, towns and villages  an  amount  equal  to  the  moneys  appropriated  for  the  purposes of this section  divided by the number of payment dates in that state fiscal  year.  Such  amounts  shall  be distributed and paid pursuant to subdivision three of  this section.    3. Amounts shall  be  distributed  for  local  highways,  bridges  and  highway-railroad  crossings  in accordance with the following three step  process:    (a) First, 41.40 percent of moneys so appropriated  or  authorized  by  the  legislature  for  distribution  pursuant to this subdivision in any  fiscal year shall be distributed to New York city and  to  the  counties  outside  of  New York city, fifty percent on the basis of their relative  shares of motor vehicle registration and fifty percent on the  basis  of  the  relative  shares  of center line highway mileage, except interstate  and state highways, under the maintenance jurisdiction of  the  city  of  New York and the several counties.    (b) Second, the balance of the moneys so appropriated or authorized by  the  legislature  for  distribution  pursuant to this subdivision in any  fiscal year shall be distributed among four jurisdictional systems based  on relative vehicle miles of travel as follows:     JURISDICTIONAL                                             PERCENT OF    SYSTEM                                         VEHICLE MILES OF TRAVEL    Cities                                                        42.7    Counties                                                      18.5    Villages                                                      10.7    Towns                                                         28.1                                                                 -----      Total                                                      100.0     Within each jurisdictional  system,  the  distribution  made  to  each  municipality  shall  be  based  on the ratio of the number of lane miles  under  the  maintenance  jurisdiction,  except  interstate   and   state  highways,  of  each  municipality  that  is  devoted  to the movement of  traffic, excluding lanes devoted to the  parking  of  vehicles,  to  the  total  number  of  such  lane  miles under the operational jurisdiction,except interstate and state highways, of all municipalities in the state  within each jurisdictional system.    (c)  Third, the amounts distributed to each municipality in accordance  with paragraphs (a) and (b) of this subdivision  shall  be  adjusted  so  that  such  amounts will not be less than the "funding level" as defined  in subdivision five of this section for each such municipality. In order  to achieve the objectives of this paragraph, to the extent necessary the  amounts in excess of the  funding  levels  to  be  distributed  to  each  municipality  under  paragraphs  (a)  and (b) hereof shall be reduced in  equal proportion.    4. (a) For each fiscal year  commencing  on  and  after  April  first,  nineteen  hundred  eighty-two and prior to April first, nineteen hundred  eighty-seven,  amounts  shall  be  distributed  pursuant  to  an  annual  appropriation  from  the local assistance account of the general fund of  thirty-four  million  dollars  in   accordance   with   the   percentums  established in subdivision five of section two hundred thirty-two of the  transportation law.    (b)  For  each fiscal year set out in the schedule hereinbelow amounts  shall be distributed pursuant to an annual appropriation from the  local  assistance  account  of  the  general  fund in an amount set out in such  schedule for the corresponding  state  fiscal  year.  Each  fiscal  year  distribution   shall   be  made  in  accordance  with  the  per  centums  established in subdivision five of section two hundred thirty-two of the  transportation law:       State Fiscal Year                                  Appropriation          1987-88                                         $65,000,000          1988-89                                         $70,000,000          1989-90                                         $75,000,000          1990-91                                         $80,000,000          1991-92                                         $85,000,000          1992-93                                         $87,000,000     (c) Sub-allocations within each percentum shall be made in  accordance  with the allocations established by the commissioner pursuant to chapter  three hundred sixty-nine of the laws of nineteen hundred seventy-nine.    (d) The amounts distributed pursuant to this subdivision shall be paid  in four equal payments on or before the twenty-fifth day of April, June,  September and November.    (e)  Funds  allocated  for local street or highway projects under this  subdivision shall be used to undertake work on a project either with the  municipality's  own  forces  or  by  contract,  provided  however,  that  whenever  the  estimate  for  the construction contract work exceeds one  hundred thousand dollars such work must be performed by contract let  by  competitive bid in accordance with the provisions of section one hundred  three of the general municipal law.    5.  For  amounts  to be distributed pursuant to this section above the  funding  level,  as  defined  in  this  subdivision,  received  by   any  municipality,  such municipality shall use at least seventy-five percent  of such apportioned  moneys  for  the  construction,  reconstruction  or  improvement   of   local   highways,   bridges  and/or  highway-railroad  crossings, including right of way acquisition, preliminary  engineering,  and  construction  supervision and inspection, where the service life of  the project is at least ten years. Such moneys  made  available  may  be  used  to  match  other  state  and federal funds made available for such  projects  under  federal-aid  highway  acts.  The   remainder   of   the  apportionment,  may  be  used  for  any  highway  purposes,  except debt  service, including but not limited to, the acquisition of materials  andequipment  devoted  to  operation  and  maintenance  of  local highways,  bridges and/or highway-railroad crossings and the payment of  any  costs  directly  attributable  to  operation and maintenance of local highways,  bridges  and/or  highway-railroad  crossings.  At  the discretion of the  commissioner, the requirement  specified  in  this  subdivision  may  be  waived  for  assistance  payments  in amounts of less than five thousand  dollars. For purposes of this section "funding  level"  shall  mean  the  average  amounts,  calculated  for  each municipality, received over two  years ending March thirty-first, nineteen hundred  eighty-two  from  the  provisions  of  the  town  highway improvement program, the distribution  made by former section one hundred twelve of this chapter,  as  repealed  by  section  twenty-one  of  the  transportation  systems assistance and  financing act of 1981 of amounts collected  from  taxes  on  motor  fuel  imposed   by   sections   two   hundred   eighty-four  and  two  hundred  eighty-four-a of the tax  law  and  on  Diesel  motor  fuel  imposed  by  sections  two  hundred  eighty-two-a and two hundred eighty-two-b of the  tax law, and from motor vehicle fees collected from  residents  pursuant  to  the  vehicle  and  traffic  law, and the distribution made by former  section two hundred seventy-nine of this chapter, as repealed by section  twenty-one of the transportation systems assistance and financing act of  1981.    6. On the first day of the third month following the end of its fiscal  year ending in nineteen hundred eighty-three and each succeeding  fiscal  year, each municipality which has received five thousand dollars or more  in  total funds paid pursuant to subdivision two or four of this section  during the preceding fiscal year  shall  certify  to  the  commissioner,  pursuant  to  rules  and  regulations promulgated by the commissioner in  relation thereto, that the expenditure  by  such  municipality  in  such  fiscal  year  of  nonstate  funds  raised  by  the  municipality for the  operation and maintenance (exclusive of  capital  construction)  of  its  highways,  bridges  and/or  highway-railroad  crossings  was not reduced  below the level of the average of  the  previous  two  years.  Provided,  however,  that  in  calculating  the  expenditures  and  revenues of the  municipality to determine the local maintenance of effort for the fiscal  year being certified and the expenditure level of  the  average  of  the  previous  two years, municipalities shall not be required to include the  amount of revenues and expenditures for operation and maintenance of its  highways, bridges, and/or highway-railroad crossings necessitated by any  unforeseen event for which the municipality was  officially  declared  a  disaster  area.  Where  a  reduction  in  such  spending  or non-use has  occurred, the distributions above the funding level to such municipality  in the then-current state fiscal year shall  be  reduced  by  an  amount  equivalent  to  the  amount of such reduction or non-use, except that no  reduction to the funding level shall be taken for an  amount  caused  by  any  unforeseen event for which the municipality was officially declared  a disaster area. Municipalities  not  required  to  certify  under  this  section  may  continue  such non-certifying status, with the approval of  the commissioner, if the apportionment to such municipality is increased  to more than five thousand dollars but less than seven thousand  dollars  in  any  local  fiscal  year.  For  the  purposes  of  this  section,  a  municipality shall mean a county, city, town or village or two  or  more  such jurisdictions acting jointly.    7.  For  any  city, town, or village which consolidates or merges with  another municipality, the resulting successor government shall file with  the  office  of  the  state  comptroller  a  certificate  of  any   such  consolidation,  merger  and  any  accompanying dissolution. In the event  that the amount which would otherwise be apportioned to  the  individual  governments  exceeds  the  amount  which  is  payable  to  the successorgovernment pursuant to this section,  such  successor  government  shall  receive  no  less  in consolidated local highway apportionments than the  predecessor governments would have received in  the  aggregate  had  the  merger or consolidation not occurred.    8.  (a)  For  each  fiscal  year  set  out in the schedule hereinbelow  amounts shall be distributed pursuant to annual appropriation  from  the  local  assistance  account  of  the general fund in an amount set out in  such schedule for the corresponding state fiscal year:       State Fiscal Year                                  Appropriation          1993-94                                         $72,652,000          1994-95                                         $72,652,000          1995-96                                         $72,652,000          1996-97                                         $72,652,000     (b) For each fiscal year set out in the schedule  hereinbelow  amounts  shall be distributed pursuant to annual appropriation from the dedicated  highway and bridge trust fund or by authorization by the legislature for  capital  projects  in  an  amount  set  out  in  such  schedule  for the  corresponding state fiscal year:       State Fiscal Year                                  Appropriation          1993-94                                         $170,000,000          1994-95                                         $175,000,000          1995-96                                         $180,000,000          1996-97                                         $185,000,000     (c) The moneys appropriated or authorized in each fiscal year pursuant  to the schedules in paragraphs (a) and (b) of this subdivision shall  be  distributed  in accordance with the procedures contained in subdivisions  three and four of this  section.  The  total  of  funds  distributed  in  accordance  with  the  procedures  in  subdivision three of this section  shall equal one hundred forty-five million dollars in each fiscal  year.  The  balance  of  funds  shall  be  distributed  in  accordance with the  procedures  in  subdivision  four  of  this  section.  For  purposes  of  calculating  distributions  in accordance with subdivision three of this  section, the "funding  level"  shall  be  proportioned  between  amounts  distributed pursuant to paragraphs (a) and (b) of this subdivision.

State Codes and Statutes

Statutes > New-york > Hay > Article-2 > 10-c

§   10-c.   Consolidated   local   highway   assistance  payments.  1.  Notwithstanding any other provisions of this chapter or any  other  law,  and subject to an appropriation made therefor and in accordance with the  provisions   of   this  section  and  with  the  rules  and  regulations  promulgated by the commissioner in connection therewith,  on  and  after  the  first  day  of  April,  nineteen hundred eighty-two, a consolidated  local highway assistance program is hereby established for  the  purpose  of making payments toward the construction, operation and/or maintenance  of  highways, bridges and highway-railroad crossings that are not on the  state highway system. For purposes of this section, such  program  shall  apply  to  any  county,  city,  town  or  village highway, bridge and/or  highway-railroad crossing within the state that  is  not  on  the  state  highway   system  and  not  under  the  maintenance  and/or  operational  jurisdiction  of  the  state.  The  commissioner  shall  promulgate  all  necessary  rules  and  regulations  to  carry out the program so that an  equitable distribution of  aid  shall  be  made  for  the  construction,  operation  and/or  maintenance  of  any  county,  city, town and village  highways, bridges and highway-railroad crossings.    2. On or before the twenty-fifth day of  April,  June,  September  and  November of each state fiscal year commencing with the state fiscal year  beginning  on  April  first, nineteen hundred eighty-four there shall be  distributed and paid to counties, cities, towns and villages  an  amount  equal  to  the  moneys  appropriated  for  the  purposes of this section  divided by the number of payment dates in that state fiscal  year.  Such  amounts  shall  be distributed and paid pursuant to subdivision three of  this section.    3. Amounts shall  be  distributed  for  local  highways,  bridges  and  highway-railroad  crossings  in accordance with the following three step  process:    (a) First, 41.40 percent of moneys so appropriated  or  authorized  by  the  legislature  for  distribution  pursuant to this subdivision in any  fiscal year shall be distributed to New York city and  to  the  counties  outside  of  New York city, fifty percent on the basis of their relative  shares of motor vehicle registration and fifty percent on the  basis  of  the  relative  shares  of center line highway mileage, except interstate  and state highways, under the maintenance jurisdiction of  the  city  of  New York and the several counties.    (b) Second, the balance of the moneys so appropriated or authorized by  the  legislature  for  distribution  pursuant to this subdivision in any  fiscal year shall be distributed among four jurisdictional systems based  on relative vehicle miles of travel as follows:     JURISDICTIONAL                                             PERCENT OF    SYSTEM                                         VEHICLE MILES OF TRAVEL    Cities                                                        42.7    Counties                                                      18.5    Villages                                                      10.7    Towns                                                         28.1                                                                 -----      Total                                                      100.0     Within each jurisdictional  system,  the  distribution  made  to  each  municipality  shall  be  based  on the ratio of the number of lane miles  under  the  maintenance  jurisdiction,  except  interstate   and   state  highways,  of  each  municipality  that  is  devoted  to the movement of  traffic, excluding lanes devoted to the  parking  of  vehicles,  to  the  total  number  of  such  lane  miles under the operational jurisdiction,except interstate and state highways, of all municipalities in the state  within each jurisdictional system.    (c)  Third, the amounts distributed to each municipality in accordance  with paragraphs (a) and (b) of this subdivision  shall  be  adjusted  so  that  such  amounts will not be less than the "funding level" as defined  in subdivision five of this section for each such municipality. In order  to achieve the objectives of this paragraph, to the extent necessary the  amounts in excess of the  funding  levels  to  be  distributed  to  each  municipality  under  paragraphs  (a)  and (b) hereof shall be reduced in  equal proportion.    4. (a) For each fiscal year  commencing  on  and  after  April  first,  nineteen  hundred  eighty-two and prior to April first, nineteen hundred  eighty-seven,  amounts  shall  be  distributed  pursuant  to  an  annual  appropriation  from  the local assistance account of the general fund of  thirty-four  million  dollars  in   accordance   with   the   percentums  established in subdivision five of section two hundred thirty-two of the  transportation law.    (b)  For  each fiscal year set out in the schedule hereinbelow amounts  shall be distributed pursuant to an annual appropriation from the  local  assistance  account  of  the  general  fund in an amount set out in such  schedule for the corresponding  state  fiscal  year.  Each  fiscal  year  distribution   shall   be  made  in  accordance  with  the  per  centums  established in subdivision five of section two hundred thirty-two of the  transportation law:       State Fiscal Year                                  Appropriation          1987-88                                         $65,000,000          1988-89                                         $70,000,000          1989-90                                         $75,000,000          1990-91                                         $80,000,000          1991-92                                         $85,000,000          1992-93                                         $87,000,000     (c) Sub-allocations within each percentum shall be made in  accordance  with the allocations established by the commissioner pursuant to chapter  three hundred sixty-nine of the laws of nineteen hundred seventy-nine.    (d) The amounts distributed pursuant to this subdivision shall be paid  in four equal payments on or before the twenty-fifth day of April, June,  September and November.    (e)  Funds  allocated  for local street or highway projects under this  subdivision shall be used to undertake work on a project either with the  municipality's  own  forces  or  by  contract,  provided  however,  that  whenever  the  estimate  for  the construction contract work exceeds one  hundred thousand dollars such work must be performed by contract let  by  competitive bid in accordance with the provisions of section one hundred  three of the general municipal law.    5.  For  amounts  to be distributed pursuant to this section above the  funding  level,  as  defined  in  this  subdivision,  received  by   any  municipality,  such municipality shall use at least seventy-five percent  of such apportioned  moneys  for  the  construction,  reconstruction  or  improvement   of   local   highways,   bridges  and/or  highway-railroad  crossings, including right of way acquisition, preliminary  engineering,  and  construction  supervision and inspection, where the service life of  the project is at least ten years. Such moneys  made  available  may  be  used  to  match  other  state  and federal funds made available for such  projects  under  federal-aid  highway  acts.  The   remainder   of   the  apportionment,  may  be  used  for  any  highway  purposes,  except debt  service, including but not limited to, the acquisition of materials  andequipment  devoted  to  operation  and  maintenance  of  local highways,  bridges and/or highway-railroad crossings and the payment of  any  costs  directly  attributable  to  operation and maintenance of local highways,  bridges  and/or  highway-railroad  crossings.  At  the discretion of the  commissioner, the requirement  specified  in  this  subdivision  may  be  waived  for  assistance  payments  in amounts of less than five thousand  dollars. For purposes of this section "funding  level"  shall  mean  the  average  amounts,  calculated  for  each municipality, received over two  years ending March thirty-first, nineteen hundred  eighty-two  from  the  provisions  of  the  town  highway improvement program, the distribution  made by former section one hundred twelve of this chapter,  as  repealed  by  section  twenty-one  of  the  transportation  systems assistance and  financing act of 1981 of amounts collected  from  taxes  on  motor  fuel  imposed   by   sections   two   hundred   eighty-four  and  two  hundred  eighty-four-a of the tax  law  and  on  Diesel  motor  fuel  imposed  by  sections  two  hundred  eighty-two-a and two hundred eighty-two-b of the  tax law, and from motor vehicle fees collected from  residents  pursuant  to  the  vehicle  and  traffic  law, and the distribution made by former  section two hundred seventy-nine of this chapter, as repealed by section  twenty-one of the transportation systems assistance and financing act of  1981.    6. On the first day of the third month following the end of its fiscal  year ending in nineteen hundred eighty-three and each succeeding  fiscal  year, each municipality which has received five thousand dollars or more  in  total funds paid pursuant to subdivision two or four of this section  during the preceding fiscal year  shall  certify  to  the  commissioner,  pursuant  to  rules  and  regulations promulgated by the commissioner in  relation thereto, that the expenditure  by  such  municipality  in  such  fiscal  year  of  nonstate  funds  raised  by  the  municipality for the  operation and maintenance (exclusive of  capital  construction)  of  its  highways,  bridges  and/or  highway-railroad  crossings  was not reduced  below the level of the average of  the  previous  two  years.  Provided,  however,  that  in  calculating  the  expenditures  and  revenues of the  municipality to determine the local maintenance of effort for the fiscal  year being certified and the expenditure level of  the  average  of  the  previous  two years, municipalities shall not be required to include the  amount of revenues and expenditures for operation and maintenance of its  highways, bridges, and/or highway-railroad crossings necessitated by any  unforeseen event for which the municipality was  officially  declared  a  disaster  area.  Where  a  reduction  in  such  spending  or non-use has  occurred, the distributions above the funding level to such municipality  in the then-current state fiscal year shall  be  reduced  by  an  amount  equivalent  to  the  amount of such reduction or non-use, except that no  reduction to the funding level shall be taken for an  amount  caused  by  any  unforeseen event for which the municipality was officially declared  a disaster area. Municipalities  not  required  to  certify  under  this  section  may  continue  such non-certifying status, with the approval of  the commissioner, if the apportionment to such municipality is increased  to more than five thousand dollars but less than seven thousand  dollars  in  any  local  fiscal  year.  For  the  purposes  of  this  section,  a  municipality shall mean a county, city, town or village or two  or  more  such jurisdictions acting jointly.    7.  For  any  city, town, or village which consolidates or merges with  another municipality, the resulting successor government shall file with  the  office  of  the  state  comptroller  a  certificate  of  any   such  consolidation,  merger  and  any  accompanying dissolution. In the event  that the amount which would otherwise be apportioned to  the  individual  governments  exceeds  the  amount  which  is  payable  to  the successorgovernment pursuant to this section,  such  successor  government  shall  receive  no  less  in consolidated local highway apportionments than the  predecessor governments would have received in  the  aggregate  had  the  merger or consolidation not occurred.    8.  (a)  For  each  fiscal  year  set  out in the schedule hereinbelow  amounts shall be distributed pursuant to annual appropriation  from  the  local  assistance  account  of  the general fund in an amount set out in  such schedule for the corresponding state fiscal year:       State Fiscal Year                                  Appropriation          1993-94                                         $72,652,000          1994-95                                         $72,652,000          1995-96                                         $72,652,000          1996-97                                         $72,652,000     (b) For each fiscal year set out in the schedule  hereinbelow  amounts  shall be distributed pursuant to annual appropriation from the dedicated  highway and bridge trust fund or by authorization by the legislature for  capital  projects  in  an  amount  set  out  in  such  schedule  for the  corresponding state fiscal year:       State Fiscal Year                                  Appropriation          1993-94                                         $170,000,000          1994-95                                         $175,000,000          1995-96                                         $180,000,000          1996-97                                         $185,000,000     (c) The moneys appropriated or authorized in each fiscal year pursuant  to the schedules in paragraphs (a) and (b) of this subdivision shall  be  distributed  in accordance with the procedures contained in subdivisions  three and four of this  section.  The  total  of  funds  distributed  in  accordance  with  the  procedures  in  subdivision three of this section  shall equal one hundred forty-five million dollars in each fiscal  year.  The  balance  of  funds  shall  be  distributed  in  accordance with the  procedures  in  subdivision  four  of  this  section.  For  purposes  of  calculating  distributions  in accordance with subdivision three of this  section, the "funding  level"  shall  be  proportioned  between  amounts  distributed pursuant to paragraphs (a) and (b) of this subdivision.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Hay > Article-2 > 10-c

§   10-c.   Consolidated   local   highway   assistance  payments.  1.  Notwithstanding any other provisions of this chapter or any  other  law,  and subject to an appropriation made therefor and in accordance with the  provisions   of   this  section  and  with  the  rules  and  regulations  promulgated by the commissioner in connection therewith,  on  and  after  the  first  day  of  April,  nineteen hundred eighty-two, a consolidated  local highway assistance program is hereby established for  the  purpose  of making payments toward the construction, operation and/or maintenance  of  highways, bridges and highway-railroad crossings that are not on the  state highway system. For purposes of this section, such  program  shall  apply  to  any  county,  city,  town  or  village highway, bridge and/or  highway-railroad crossing within the state that  is  not  on  the  state  highway   system  and  not  under  the  maintenance  and/or  operational  jurisdiction  of  the  state.  The  commissioner  shall  promulgate  all  necessary  rules  and  regulations  to  carry out the program so that an  equitable distribution of  aid  shall  be  made  for  the  construction,  operation  and/or  maintenance  of  any  county,  city, town and village  highways, bridges and highway-railroad crossings.    2. On or before the twenty-fifth day of  April,  June,  September  and  November of each state fiscal year commencing with the state fiscal year  beginning  on  April  first, nineteen hundred eighty-four there shall be  distributed and paid to counties, cities, towns and villages  an  amount  equal  to  the  moneys  appropriated  for  the  purposes of this section  divided by the number of payment dates in that state fiscal  year.  Such  amounts  shall  be distributed and paid pursuant to subdivision three of  this section.    3. Amounts shall  be  distributed  for  local  highways,  bridges  and  highway-railroad  crossings  in accordance with the following three step  process:    (a) First, 41.40 percent of moneys so appropriated  or  authorized  by  the  legislature  for  distribution  pursuant to this subdivision in any  fiscal year shall be distributed to New York city and  to  the  counties  outside  of  New York city, fifty percent on the basis of their relative  shares of motor vehicle registration and fifty percent on the  basis  of  the  relative  shares  of center line highway mileage, except interstate  and state highways, under the maintenance jurisdiction of  the  city  of  New York and the several counties.    (b) Second, the balance of the moneys so appropriated or authorized by  the  legislature  for  distribution  pursuant to this subdivision in any  fiscal year shall be distributed among four jurisdictional systems based  on relative vehicle miles of travel as follows:     JURISDICTIONAL                                             PERCENT OF    SYSTEM                                         VEHICLE MILES OF TRAVEL    Cities                                                        42.7    Counties                                                      18.5    Villages                                                      10.7    Towns                                                         28.1                                                                 -----      Total                                                      100.0     Within each jurisdictional  system,  the  distribution  made  to  each  municipality  shall  be  based  on the ratio of the number of lane miles  under  the  maintenance  jurisdiction,  except  interstate   and   state  highways,  of  each  municipality  that  is  devoted  to the movement of  traffic, excluding lanes devoted to the  parking  of  vehicles,  to  the  total  number  of  such  lane  miles under the operational jurisdiction,except interstate and state highways, of all municipalities in the state  within each jurisdictional system.    (c)  Third, the amounts distributed to each municipality in accordance  with paragraphs (a) and (b) of this subdivision  shall  be  adjusted  so  that  such  amounts will not be less than the "funding level" as defined  in subdivision five of this section for each such municipality. In order  to achieve the objectives of this paragraph, to the extent necessary the  amounts in excess of the  funding  levels  to  be  distributed  to  each  municipality  under  paragraphs  (a)  and (b) hereof shall be reduced in  equal proportion.    4. (a) For each fiscal year  commencing  on  and  after  April  first,  nineteen  hundred  eighty-two and prior to April first, nineteen hundred  eighty-seven,  amounts  shall  be  distributed  pursuant  to  an  annual  appropriation  from  the local assistance account of the general fund of  thirty-four  million  dollars  in   accordance   with   the   percentums  established in subdivision five of section two hundred thirty-two of the  transportation law.    (b)  For  each fiscal year set out in the schedule hereinbelow amounts  shall be distributed pursuant to an annual appropriation from the  local  assistance  account  of  the  general  fund in an amount set out in such  schedule for the corresponding  state  fiscal  year.  Each  fiscal  year  distribution   shall   be  made  in  accordance  with  the  per  centums  established in subdivision five of section two hundred thirty-two of the  transportation law:       State Fiscal Year                                  Appropriation          1987-88                                         $65,000,000          1988-89                                         $70,000,000          1989-90                                         $75,000,000          1990-91                                         $80,000,000          1991-92                                         $85,000,000          1992-93                                         $87,000,000     (c) Sub-allocations within each percentum shall be made in  accordance  with the allocations established by the commissioner pursuant to chapter  three hundred sixty-nine of the laws of nineteen hundred seventy-nine.    (d) The amounts distributed pursuant to this subdivision shall be paid  in four equal payments on or before the twenty-fifth day of April, June,  September and November.    (e)  Funds  allocated  for local street or highway projects under this  subdivision shall be used to undertake work on a project either with the  municipality's  own  forces  or  by  contract,  provided  however,  that  whenever  the  estimate  for  the construction contract work exceeds one  hundred thousand dollars such work must be performed by contract let  by  competitive bid in accordance with the provisions of section one hundred  three of the general municipal law.    5.  For  amounts  to be distributed pursuant to this section above the  funding  level,  as  defined  in  this  subdivision,  received  by   any  municipality,  such municipality shall use at least seventy-five percent  of such apportioned  moneys  for  the  construction,  reconstruction  or  improvement   of   local   highways,   bridges  and/or  highway-railroad  crossings, including right of way acquisition, preliminary  engineering,  and  construction  supervision and inspection, where the service life of  the project is at least ten years. Such moneys  made  available  may  be  used  to  match  other  state  and federal funds made available for such  projects  under  federal-aid  highway  acts.  The   remainder   of   the  apportionment,  may  be  used  for  any  highway  purposes,  except debt  service, including but not limited to, the acquisition of materials  andequipment  devoted  to  operation  and  maintenance  of  local highways,  bridges and/or highway-railroad crossings and the payment of  any  costs  directly  attributable  to  operation and maintenance of local highways,  bridges  and/or  highway-railroad  crossings.  At  the discretion of the  commissioner, the requirement  specified  in  this  subdivision  may  be  waived  for  assistance  payments  in amounts of less than five thousand  dollars. For purposes of this section "funding  level"  shall  mean  the  average  amounts,  calculated  for  each municipality, received over two  years ending March thirty-first, nineteen hundred  eighty-two  from  the  provisions  of  the  town  highway improvement program, the distribution  made by former section one hundred twelve of this chapter,  as  repealed  by  section  twenty-one  of  the  transportation  systems assistance and  financing act of 1981 of amounts collected  from  taxes  on  motor  fuel  imposed   by   sections   two   hundred   eighty-four  and  two  hundred  eighty-four-a of the tax  law  and  on  Diesel  motor  fuel  imposed  by  sections  two  hundred  eighty-two-a and two hundred eighty-two-b of the  tax law, and from motor vehicle fees collected from  residents  pursuant  to  the  vehicle  and  traffic  law, and the distribution made by former  section two hundred seventy-nine of this chapter, as repealed by section  twenty-one of the transportation systems assistance and financing act of  1981.    6. On the first day of the third month following the end of its fiscal  year ending in nineteen hundred eighty-three and each succeeding  fiscal  year, each municipality which has received five thousand dollars or more  in  total funds paid pursuant to subdivision two or four of this section  during the preceding fiscal year  shall  certify  to  the  commissioner,  pursuant  to  rules  and  regulations promulgated by the commissioner in  relation thereto, that the expenditure  by  such  municipality  in  such  fiscal  year  of  nonstate  funds  raised  by  the  municipality for the  operation and maintenance (exclusive of  capital  construction)  of  its  highways,  bridges  and/or  highway-railroad  crossings  was not reduced  below the level of the average of  the  previous  two  years.  Provided,  however,  that  in  calculating  the  expenditures  and  revenues of the  municipality to determine the local maintenance of effort for the fiscal  year being certified and the expenditure level of  the  average  of  the  previous  two years, municipalities shall not be required to include the  amount of revenues and expenditures for operation and maintenance of its  highways, bridges, and/or highway-railroad crossings necessitated by any  unforeseen event for which the municipality was  officially  declared  a  disaster  area.  Where  a  reduction  in  such  spending  or non-use has  occurred, the distributions above the funding level to such municipality  in the then-current state fiscal year shall  be  reduced  by  an  amount  equivalent  to  the  amount of such reduction or non-use, except that no  reduction to the funding level shall be taken for an  amount  caused  by  any  unforeseen event for which the municipality was officially declared  a disaster area. Municipalities  not  required  to  certify  under  this  section  may  continue  such non-certifying status, with the approval of  the commissioner, if the apportionment to such municipality is increased  to more than five thousand dollars but less than seven thousand  dollars  in  any  local  fiscal  year.  For  the  purposes  of  this  section,  a  municipality shall mean a county, city, town or village or two  or  more  such jurisdictions acting jointly.    7.  For  any  city, town, or village which consolidates or merges with  another municipality, the resulting successor government shall file with  the  office  of  the  state  comptroller  a  certificate  of  any   such  consolidation,  merger  and  any  accompanying dissolution. In the event  that the amount which would otherwise be apportioned to  the  individual  governments  exceeds  the  amount  which  is  payable  to  the successorgovernment pursuant to this section,  such  successor  government  shall  receive  no  less  in consolidated local highway apportionments than the  predecessor governments would have received in  the  aggregate  had  the  merger or consolidation not occurred.    8.  (a)  For  each  fiscal  year  set  out in the schedule hereinbelow  amounts shall be distributed pursuant to annual appropriation  from  the  local  assistance  account  of  the general fund in an amount set out in  such schedule for the corresponding state fiscal year:       State Fiscal Year                                  Appropriation          1993-94                                         $72,652,000          1994-95                                         $72,652,000          1995-96                                         $72,652,000          1996-97                                         $72,652,000     (b) For each fiscal year set out in the schedule  hereinbelow  amounts  shall be distributed pursuant to annual appropriation from the dedicated  highway and bridge trust fund or by authorization by the legislature for  capital  projects  in  an  amount  set  out  in  such  schedule  for the  corresponding state fiscal year:       State Fiscal Year                                  Appropriation          1993-94                                         $170,000,000          1994-95                                         $175,000,000          1995-96                                         $180,000,000          1996-97                                         $185,000,000     (c) The moneys appropriated or authorized in each fiscal year pursuant  to the schedules in paragraphs (a) and (b) of this subdivision shall  be  distributed  in accordance with the procedures contained in subdivisions  three and four of this  section.  The  total  of  funds  distributed  in  accordance  with  the  procedures  in  subdivision three of this section  shall equal one hundred forty-five million dollars in each fiscal  year.  The  balance  of  funds  shall  be  distributed  in  accordance with the  procedures  in  subdivision  four  of  this  section.  For  purposes  of  calculating  distributions  in accordance with subdivision three of this  section, the "funding  level"  shall  be  proportioned  between  amounts  distributed pursuant to paragraphs (a) and (b) of this subdivision.