N.Y. Highway Law Section 133
Machinery, tools, equipment, implements, materials and supplies


1.

There is hereby continued in each county the separate fund, known as the county road machinery fund. Such fund shall consist of, and there shall be credited to such fund (a) such amounts as the board of supervisors by resolution may, from time to time, appropriate thereto from the general fund, (b) all rentals received from any source for the use of county owned machinery, equipment, tools and implements, including amounts payable pursuant to § 117 (Construction and reconstruction of county roads)section one hundred seventeen of this chapter, (c) all amounts payable thereto under the provisions of subdivision three of this section, and

(d)

all other moneys received for such fund from any other source pursuant to law.

2.

The board of supervisors may, at any regular or special meeting, appropriate available moneys in such fund for (a) the purchase and repair of machinery, tools, implements and equipment to be used for highway, snow removal or bridge purposes, (b) the operation of such machinery, tools, implements and equipment and supplies therefor, (c) the operation of necessary shops or garages under the jurisdiction of the county superintendent, (d) the acquisition, construction, reconstruction or repair of buildings, under the direction and supervision of the county superintendent, for the housing or repair of such machinery, tools, implements and equipment, and

(e)

the purchase of materials and supplies adequate to provide a central stock-pile, on an annual basis for highway, snow removal and bridge purposes. Should such fund at any time become larger than necessary for the annual requirements, any excess amount may, upon recommendation of the county superintendent, be transferred to the general fund by resolution of the board of supervisors.

3.

Whenever materials and supplies from a central stock-pile, established pursuant to subdivision two of this section, are used for any highway, snow removal or bridge purpose, the cost of such materials and supplies shall be considered as an expense of such purpose. On or before the tenth day of each month, the county superintendent shall prepare itemized vouchers, properly certified by him, covering the cost of such materials and supplies used during the preceding month and submit the same for audit. Payments therefor shall be made to the county road machinery fund from appropriations provided for the purposes for which the materials and supplies were used.

4.

The county superintendent shall make all purchases chargeable to the county road machinery fund. The superintendent may, with the approval of the board of supervisors or of a duly authorized committee thereof, sell any machinery, equipment, tools and implements used for highway, snow removal or bridge purposes no longer needed by the county, or which shall have become worn out or obsolete, or may exchange the same or surrender it to the vendor as part payment for new machinery, equipment, tools and implements. If sold, the proceeds shall be credited to the receipts of such funds and become a part thereof. Any purchase of new machinery, of a value in excess of ten thousand dollars, in order to become effective, shall have the approval of the board of supervisors, or a committee of the board duly authorized and designated by the board for such purpose.

5.

No claim chargeable to the county road machinery fund shall be paid by the county treasurer unless such claim has first been approved by the county superintendent of highways and shall have been audited by the board of supervisors or a duly appointed auditing officer in the same manner as other claims against the county; provided, however, that debt service payments may be made without the approval of the county superintendent of highways and without prior audit; and compensation for the services of officers and employees engaged at agreed wages by the hour, day, week, month or year may be paid without prior audit.

Source: Section 133 — Machinery, tools, equipment, implements, materials and supplies, https://www.­nysenate.­gov/legislation/laws/HAY/133 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

110
Definitions
111
Payment and apportionment of cost among counties and towns
113
Annual statement of cost
114
Sources and use of county road fund moneys
115
Preparation of map showing proposed county road system
115‑A
Abandonment of unused portions of town highways on county road system
115‑B
Removal of road or part of road from county road system
115‑C
Notice to municipalities where county roads are abandoned or revert to such municipalities
116
Statement and approval of proposed work
117
Construction and reconstruction of county roads
117‑A
Highways in villages in Niagara county
117‑B
Controlled-access highways in counties
117‑C
Hawking, peddling, vending, sale of goods, wares or merchandise
117‑D
Pedestrian overpass to be designated as the “Jennifer Bolender Memorial Overpass”
117‑E
Pedestrian overpass to be designated as the “Police Officer Robert McLellan Memorial Overpass”
118
Acquisition by counties of lands for right-of-way and other purposes
118‑A
Abandoning of parts of county highways
118‑B
Entry upon lands by county superintendent
119
Purchase of lands
120
Petition to acquire lands
121
Commissioners of appraisal to be appointed
122
Duties of commissioners of appraisal
123
County treasurer to pay awards
125
Land may be sold or leased
126
Awarding of contracts
127
Payments from the county road fund
129
Maintenance and apportionment of cost
130
Bridges on county road system
131
County roads of additional width and increased cost at expense of village
131‑A
Application
131‑B
County highways and bridges
131‑C
Location and construction of bridges
131‑D
Construction by county of destroyed bridges
131‑E
Bridges over county lines
131‑F
Streets outside cities
131‑G
Regulation of toll rates
131‑H
Separate highway districts in certain counties
131‑I
Boundary lines
131‑J
Development of highways and other improvements in certain counties
131‑K
County aid for construction and improvement of certain public highways and bridges in municipalities
133
Machinery, tools, equipment, implements, materials and supplies
133‑A
Rental or hiring of county highway machinery, tools or equipment
134
Purchases by county purchasing agent
135
Snow removal, and cutting of weeds
135‑A
Control of snow and ice conditions on county roads
136
Permits for work within the county road right of way
137
Maintenance of certain highways by a county
138
Bridge between Saratoga county and Warren county to be designated as the "Irving H
139
County liable for injuries caused by defective highways and bridges
139‑A
Presentation of claims for torts

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 133’s source at nysenate​.gov

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