State Codes and Statutes

Statutes > New-york > Hay > Article-7 > 142

§  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  andinterest.  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.

State Codes and Statutes

Statutes > New-york > Hay > Article-7 > 142

§  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  andinterest.  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Hay > Article-7 > 142

§  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  andinterest.  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.