remove and dispose of the same at a time and in a manner satisfactory to and as directed by the superintendent of public works.

8. In the construction of bridges or culverts, within the meaning of this section, the right of way necessary for the construction of a temporary road and a temporary bridge or culvert, if necessary, during the construction of the new structure, shall be acquired in accordance with the provisions of section one hundred and fortyeight of the highway law, as hereinafter provided.

9. In the construction of bridges or culverts within the meaning of this section, the superintendent of public works may provide one or more sidewalks upon the same and upon the approaches thereto, when in his judgment the pedestrian traffic is sufficient to warrant such provision.

10. The provisions of this section shall be deemed to include all work upon the bridge, culvert, temporary bridge or temporary culvert, abutments, piers and guard rails as well as approaches thereto as defined and limited by the superintendent of public works in each specific case. It shall also be deemed to include all excavation work in the stream channel, protection to the stream banks and other work necessitated by the new bridge or culvert construction, all as the superintendent of public works shall determine.

11. The superintendent of public works may provide in the construction or reconstruction of state highways for the separation of highway grade crossings thereon when in his judgment such separations are necessary for the safety and public welfare of the users thereof. He may also provide for the separation of highway grade crossings involving any state highway with any state or county parkway or drive or with any other public street, avenue or road in conjunction with such other state, county or municipal authority having jurisdiction thereof under such terms and conditions as the superintendent of public works may impose. Prior to the performance of any work involving an agency other than those under his jurisdiction, the superintendent of public works shall enter into an agreement with the authority having jurisdiction thereof and such agreement shall indicate the division of costs for the construction and maintenance of the structure and appurtenances. In providing for such separation of grades, the superintendent of public works may provide for the construction of bridges and lateral drives deemed necessary and may combine such work with additional work to be paid in whole or in part by other state departments, counties or municipalities. The superintendent of public works is hereby authorized to defray the state's share of the cost of such grade separations from any funds available for the maintenance, repair, reconstruction or construction of state highways and for the construction of state parkways. If such construction requires payment of state funds under the jurisdiction of another state department, such department shall, prior to the award of a contract providing for such construction, certify to the state department of audit and control that it has

the means for obtaining such money including the issuance and sale of city bonds or other obligations. This subdivision shall not apply to bridges heretofore acquired or constructed which have previously been maintained by the state, nor to bridges built pursuant to special acts of the legislature. Any bridge located partly within a city constructed and paid for solely through the use of federal funds shall have the same status with respect to maintenance and reconstruction as if such bridge had been constructed under the provisions of this section without the use of such federal funds, and any bridge located wholly within a city so constructed through the use of such federal funds shall be maintained and reconstructed at the sole expense of the city.

5. The superintendent of public works may provide, in carrying out the provisions of this section, for additional width of a bridge or culvert, extra sidewalk facilities or approaches, more expensive design, or other features not essential for highway traffic when so requested by the local municipality or municipalities provided such local municipality or municipalities defray the additional cost thereof in the same manner and under the same provisions of the highway law that they defray additional cost of widening or building more expensive types of pavements on highways. In such cases, the local municipality or municipalities shall petition by resolution for such betterment, and shall deposit the necessary additional funds with the state comptroller in a manner similar to that provided in section one hundred and thirty-seven of this chapter.

6. The superintendent of public works, when requested by a municipality, public utility company, private corporation, or individual, may provide facilities in bridge or culvert construction for carrying conduits, cables, water pipes and the like. The expense of installing such facilities shall be borne by the municipality, company, corporation or person desiring the same, and the total estimated cost thereof shall be as estimated or determined by the superintendent of public works prior to the award of a contract including the construction of such facilities in the same manner as provided in section one hundred and thirty-seven of the highway law. The superintendent of public works may, except as to a public utility company having a franchise for the use of such a public road or highway, require and is hereby authorized to fix an annual rental price to be paid to the state by such municipality, corporation, company or individual as compensation for the use of said facilities, provided, and according to terms and conditions as prescribed by him.

7. In reconstructing a bridge or culvert under this section, the superintendent of public works shall remove and dispose of all old steel, masonry and lumber through his agent, employees, contractors, or otherwise, unless the municipality or municipalities owning the bridge or culvert notifies the superintendent of public works in writing that it desires to salvage such structure and will

remove and dispose of the same at a time and in a manner satisfactory to and as directed by the superintendent of public works.

8. In the construction of bridges or culverts, within the meaning of this section, the right of way necessary for the construction of a temporary road and a temporary bridge or culvert, if necessary, during the construction of the new structure, shall be acquired in accordance with the provisions of section one hundred and fortyeight of the highway law, as hereinafter provided.

9. In the construction of bridges or culverts within the meaning of this section, the superintendent of public works may provide one or more sidewalks upon the same and upon the approaches thereto, when in his judgment the pedestrian traffic is sufficient to warrant such provision.

10. The provisions of this section shall be deemed to include all work upon the bridge, culvert, temporary bridge or temporary culvert, abutments, piers and guard rails as well as approaches thereto as defined and limited by the superintendent of public works in each specific case. It shall also be deemed to include all excavation work in the stream channel, protection to the stream banks and other work necessitated by the new bridge or culvert construction, all as the superintendent of public works shall determine.

11. The superintendent of public works may provide in the construction or reconstruction of state highways for the separation of highway grade crossings thereon when in his judgment such separations are necessary for the safety and public welfare of the users thereof. He may also provide for the separation of highway grade crossings involving any state highway with any state or county parkway or drive or with any other public street, avenue or road in conjunction with such other state, county or municipal authority having jurisdiction thereof under such terms and conditions as the superintendent of public works may impose. Prior to the performance of any work involving an agency other than those under his jurisdiction, the superintendent of public works shall enter into an agreement with the authority having jurisdiction thereof and such agreement shall indicate the division of costs for the construction and maintenance of the structure and appurtenances. In providing for such separation of grades, the superintendent of public works may provide for the construction of bridges and lateral drives deemed necessary and may combine such work with additional work to be paid in whole or in part by other state departments, counties or municipalities. The superintendent of public works is hereby authorized to defray the state's share of the cost of such grade separations from any funds available for the maintenance, repair, reconstruction or construction of state highways and for the construction of state parkways. If such construction requires payment of state funds under the jurisdiction of another state department, such department shall, prior to the award of a contract providing for such construction, certify to the state department of audit and control that it has

obligated an amount estimated as necessary therefor by the superintendent of public works. If such construction requires payment of funds from any county treasury, the board of supervisors of such county shall, by resolution, make available to the requisition of the superintendent of public works an amount estimated as necessary therefor by the superintendent of public works prior to the award of a contract providing for such construction. If such construction requires payment of funds from any other agency for any purpose connected with such construction, such funds, based upon estimates prepared by the superintendent of public works, shall be deposited prior to the award of a contract providing for such construction with the state department of audit and control, to be paid out by the comptroller on vouchers therefor approved by the superintendent of public works. If upon the completion of the work, a balance of funds so deposited with the department of audit and control shall remain unexpended such balance shall be returned to the agency making such deposit. In contract work, monthly estimates shall be made as the work progresses which shall show the subdivision of costs to the participating agencies on such form as the state comptroller may determine, copies of which may be furnished such agencies participating in the cost of the work. Cost of engineering shall be deemed a participating part of the expense in the proportions fixed by the superintendent of public works.

12. Whenever in the construction, reconstruction or improvement of a state highway it is found advisable to change the course of a stream channel so that it will not cross and recross the highway but will cross any public road, highway or street, the superintendent of public works may include in the highway construction or reconstruction or improvement contract plans for the construction of a bridge or culvert and necessary approaches thereto over said changed course of the stream channel to carry any such public road, highway or street over such changed course of the stream channel. The cost of the construction of such bridge or culvert and the approaches thereto shall be paid by the state out of any funds available for the maintenance, repair, reconstruction or construction of state highways and bridges. After the completion and acceptance of such bridge or culvert, the cost of the maintenance thereof shall be under the authority of the agency having jurisdiction over the public road, highway or street upon which such bridge or culvert is located.

13. Any person or persons driving on a bridge or culvert located on the state system of highways with loads in excess of the maximum loading permitted on such bridge or culvert as shown by the signs posted thereon, or who in any way causes damage to a bridge or culvert in violation of the provisions of the highway law or the vehicle and traffic law shall be liable for any damage resulting to the bridge or culvert. The superintendent of public works may take over, by official order, any bridge or culvert so damaged and it shall be his duty to make the necessary repairs or reconstruct

such bridge or culvert and he may pay for the cost of same out of funds available for the maintenance, repair, reconstruction and construction of state highways and bridges. The superintendent of public works is hereby authorized to bring an action in the name of the state against any person or corporation to recover damages sustained or suffered or expenses incurred by the state in consequence of any act or omission of any such person or corporation in violation of any of the provisions of the highway law or the vehicle and traffic law.

§ 2. Section two hundred and fifty-a of such chapter, as added & 250-a by chapter two hundred and seventy-six of the laws of nineteen repealed. hundred twenty-four and last amended by chapter two hundred and ninety-three of the laws of nineteen hundred twenty-seven, is hereby repealed.

4

§ 3. Subdivision four of section two of such chapter, as thus 2, subd. renumbered by chapter eighty-eight of the laws of nineteen hundred amended. twenty-seven, is hereby amended to read as follows:

4. A highway within the meaning of this chapter shall be deemed to include necessary sluices, drains, ditches, waterways, embankments, retaining walls and culverts having a width of opening of five feet or less except as provided in section nineteen-a, and also 19-a. the approaches of any bridge or culvert beginning at the back of the abutments. The pavement over any such bridge or culvert may also be included as a part of the highway provided such pavement is separated from such structure by an earth fill. § 4. This act shall take effect immediately.

CHAPTER 649

AN ACT to authorize the board of commissioners of the land office to quitclaim to the county of Broome a portion of the Chenango canal and canal extension, and the lands, rights and other property, if any, connected therewith

Became a law May 16, 1934, with the approval of the Governor. Passed, by a two-thirds vote

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

quit claim

Section 1. The board of commissioners of the land office is hereby Authority authorized, in its discretion, upon the payment of such nominal or to execute other consideration and on such terms and conditions as to it may deed. seem just, to execute and deliver to the county of Broome a quitclaim deed conveying to such county all the estate, right, title and interest of the state in and to all the lands and water privileges taken and appropriated for the purpose of constructing and operat- Purpose. ing the Chenango canal, and what is known as the Chenango canal extension, lying in the town of Fenton, Broome county as follows: from a point thirty feet below what was formerly known as the-tion.

Descrip