respective proposals, file with the superintendent of public works, a bond, the principal amount of which shall at least equal the amount of the respective bidder's draft or certified check, theretofore deposited with his proposal, in the form prescribed by the superintendent of public works, with sufficient sureties, to be approved by the superintendent of public works, conditioned that the said bidder will execute a contract and furnish such performance or other bonds as may be required by law in accordance with the terms of the bidder's said proposal. If a bidder complies with the aforesaid provision, the superintendent of public works shall certify such compliance to the comptroller who shall forthwith. return the money represented by the draft or certified check of such bidder, except as above provided.

Finance

§ 2. Subdivision two of section one hundred twenty-seven of the State state finance law, as last amended by chapter seven hundred twenty- Law. eight of the laws of nineteen hundred fifty, is hereby amended to $127, read as follows:

2. Contracts for such work of construction, alteration, repair or improvement may be let by the department having jurisdiction, with the approval of the comptroller for the whole or any part of the work to be performed, and, in its discretion, such contracts may be sublet. Special orders for such work may be issued upon authorization by the department having jurisdiction pursuant to section twenty of the public buildings law. Copies of all such contracts and special orders shall be filed with the department having jurisdiction, with the comptroller and with the board of visitors, if any. The public notice of the letting of contracts shall be published in a newspaper published in the city of Albany, and in such other newspapers as will be most likely to give adequate notice of the letting of such contracts, for such time and in such manner as shall be prescribed in the rules and regulations to be made by the superintendent of public works. A certified check drawn upon some legally incorporated bank or trust company of the state shall in all cases be required as an evidence of good faith, upon all proposals from contractors for such work, to be filed with the department having jurisdiction for which the work is to be performed, in an amount to be determined by the department of public works. All certified checks shall be forwarded immediately with a certified. tabulation of bids to the comptroller who shall deposit in a special account, the certified checks of the two low bidders. Provided, however, that if prior to or upon receipt of said checks by the comptroller a bidder who is one of the two low bidders shall have duly filed a bond as hereinafter provided the comptroller shall forthwith return to said bidder his aforesaid check without depositing the same. If alternate bids are taken the certified checks of the two low bidders of all alternate bids shall be deposited except as above provided. All certified checks other than those of the two low bidders shall be returned by the comptroller. The money

Entire sentence new matter added.

Word "checks" new matter substituted for word "copies". 'Words "except as above provided" new matter inserted.

subd. 2.

amended.

represented by the certified checks of the two low bidders shall be paid from the special account upon the approval and filing of the contract in the office of the comptroller or the rejection of all bids. The low bidder, in the discretion of the superintendent of public works, and the second1o low bidder, as a matter of right, may at any time after the opening of the respective proposals, file with the superintendent of public works a bond, the principal amount. of which shall at least equal the amount of the respective bidder's draft or certified check, theretofore deposited with his proposal, in the form prescribed by the superintendent of public works, with sufficient sureties, to be approved by the superintendent of public works, conditioned that the said bidder will execute a contract and furnish such performance or other bonds as may be required by law in accordance with the terms of the bidder's said proposal. If a bidder complies with the aforesaid provision, the superintendent of public works shall certify such compliance to the comptroller who shall forthwith return the money represented by the draft or certified check of such bidder, except as above provided.12 This provision shall not, however, prohibit the comptroller from retaining the money represented by the certified checks of the contractors until a certain percentage of the work is done as required under other statutes. All such contracts and special orders for the construction, alteration, repair or improvement of buildings or plants of such institutions shall contain a clause that the contract shall only be deemed executory to the extent of the moneys available, and no liability shall be incurred by the state beyond the moneys available for the purpose. All contracts in an amount greater than five hundred dollars shall have the performance thereof secured by sufficient bond or bonds, together with a bond or bonds for the payment of labor and material as authorized by section one hundred thirty-seven of this chapter, to be approved by the comptroller and filed in his office and with the department having jurisdiction. All work done by special orders in an amount less than five hundred dollars need have no surety bond, provided payment is to be made only after the work is completed and approved. In all cases in which contracts to be let are for the purpose of connecting any such institution with the system or line or lines maintained or operated by any public service corporation or repairing or improving any such connection, such public service corporation shall not be required to give a certified check upon submitting its proposal as hereinbefore provided nor to give any bond, nor shall any advertising for proposals be necessary where the public service corporation is to perform the work.

§ 3. This act shall take effect immediately.

10 Words "and third" omitted.

11 Words "ten days of" omitted.

12 Words "except as above provided" new matter inserted.

CHAPTER 692

AN ACT to authorize the town boards of the towns of West Seneca and Orchard Park in the county of Erie, to construct jointly a water system to serve territory contained in a water district which may hereafter be established in the town of West Seneca and territory adjacent thereto in a water district which may hereafter be established in the town of Orchard Park; to provide for the apportionment of the expense of such improvement; to determine the period of probable usefulness thereof; to provide for the financing thereof; and to provide for other matters in connection therewith

Became a law April 13, 1953, with the approval of the Governor. Passed, by a majority vote, three-fifths being present

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

Seneca,

Orchard

towns,

Section 1. The town boards of the towns of West Seneca and West Orchard Park in the county of Erie, subject to the limitations and hereof, are hereby authorized to construct jointly a water system Park, to serve the territory contained in a water district which may Joint hereafter be established in the town of West Seneca and an water adjacent water district which may hereafter be established in the town of Orchard Park by said town board in their respective towns. For such purpose said town boards may jointly:

a. prepare or cause to be prepared maps, plans and specifications for the construction of such water system including a preliminary estimate of the total estimated cost of such system and the share thereof to be borne by each of the water districts;

b. apply to the water power and control commission or any other state body or agency for such approval as may be required by law for the performance of the work;

c. purchase or acquire, by condemnation or otherwise, necessary lands, rights-of-way or easements or other interests in lands;

d. advertise for sealed proposals for the construction of such system;

e. award one or more contracts for the entire work or separate contracts for portions thereof;

f. take such other action as may be authorized, permitted or required by law for the accomplishment of the purpose or purposes herein authorized.

Said estimate of the share to be borne by each of the water districts may be used as the statement of the estimated cost of the improvement required to be stated in the petition for the creation of each of such water districts pursuant to the provisions of the town law.

§ 2. a. Prior to the award of any contract for the construction of said water system or any portion thereof, or the execution of any agreement for the purchase of necessary lands, rights-of-way or easements or other interests in lands, the town boards of said towns, after a public hearing, shall jointly determine the proportionate benefit to the lands within each of the water districts resulting from the construction of the portion of the improvement covered by the proposed contract or the acquisition of such lands,

system.

rights-of-way, easements or interests in lands. Every such joint contract and agreement so entered into shall contain a provision specifying the portion of the cost to be borne by the lands within each of the districts.

b. Prior to the award of any contract for the construction of the pumping station or for the purchase of machinery and equipment therefor, or the construction of the standpipe or for the construction or installation of any other similar facilities or appurtenances the benefits of which are jointly shared by the lands in each of said districts, the town board of the town of West Seneca and the town board of the town of Orchard Park, after a public hearing thereon, shall enter into an agreement in writing providing for the ownership, operation, maintenance, repair and replacement of such pumping station and equipment and standpipe, and other similar facilities and appurtenances, and for future additions thereto, and for the apportionment of the expense thereof among the respective districts.

c. The liability of each town under any contract or agreement jointly executed pursuant to the provisions of this act shall be several and shall not exceed the total cost to be borne by the water district located in such town as so apportioned and specified.

d. Notice of a hearing held pursuant to the provisions of this act shall be published at least once in the official paper of each town not less than ten nor more than twenty days before the date of such hearing. The notice shall specify the time when and place where such hearing will be held and briefly state the purpose thereof. The town boards of the two towns shall meet jointly at the time and place specified in the notice and hear all persons interested in the subject matter thereof.

§ 3. The expense of the improvement shall include the amount of all contracts, the cost of all lands and interest therein necessarily acquired, printing, publishing, interest on loans; legal and engineering services and all other expenses incurred or occasioned by reason of the improvement.

§ 4. All expenses of the improvement other than those payable under contracts for the construction of the water system or under agreements for the purchase of lands, rights-of-way, easements or other interests in lands, shall be apportioned among and borne by the respective districts in the same ratio as the town boards shall apportion the aggregate amount paid for the construction of the improvement and the acquisition of lands or interests in lands. The total amount of the expense apportioned against any water district or extension thereof shall not exceed the maximum amount proposed to be expended for the improvement as specified in the petition for the creation or extension of such district, unless such amount shall be increased in the manner provided in section two hundred two-d of the town law.

5. The period of probable usefulness of the improvement herein authorized is hereby determined to be forty years.

§ 6. Notwithstanding the fact that the water system to serve the districts shall be constructed jointly or as a single improve

ment, the portion of the cost of such improvement to be borne by each district shall be separately financed in the manner provided by law for financing the cost of constructing a water system in a water district established pursuant to the provisions of article twelve of the town law.

§ 7. When the construction of the improvement shall have been completed, the water system shall be maintained in each of the water districts by the town board of the town in which such water district is located; and the cost of such maintenance shall be apportioned and assessed upon the lots or parcels of land within each of such water districts in proportion to the amount of benefit which the improvement shall confer upon the same, subject however, to any agreements relating thereto entered into by said town boards pursuant to this act.

§ 8. Joint action hereunder shall be taken by or pursuant to a resolution adopted by a majority of the members elected to each such town board, at joint meeting thereof. Notice of meetings of the members of said town boards for the consideration of such joint action as may be authorized by this act shall be given by the supervisor of each town in the manner provided by section sixtytwo of the town law for special meetings of a town board.

§ 9. Except as otherwise provided by this act the town board of the town of West Seneca and the town board of the town of Orchard Park shall be vested with all the powers and subject to all the duties conferred or imposed by law upon town boards in relation to the establishment of water districts and the construction of water systems therein and the operation of such districts and water systems. But the powers and duties so conferred or imposed upon such town boards shall be limited to the water district situate within their respective towns.

§ 10. Unless the town boards of the towns of West Seneca and Orchard Park shall adopt a joint resolution within three years. from the effective date of this act, determining to jointly construct pursuant to this act, a water system in the water districts hereinbefore referred to, the powers granted hereunder shall lapse and terminate and be no longer available to said towns. The failure of said boards, however, to adopt such resolution shall not be deemed to restrict or limit their powers in relation to the construction of water systems in the water districts referred to in such manner as may be otherwise provided by law.

§ 11. This act shall take effect immediately.