1965-08-12
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QUINN & REILLY
ATTORNEYS AT LAW
44 CANNON STREET
POUGHKEEPSIE, N. Y.
JOSEPH D. QUINN, JR.
HAROLD H. REILLY
GROVER 1-5330
August 12, 1965
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Re: Proposed lighting of
certain road intersections
in the Town of Wappinger
Gentlemen:
Recently the undersigned, as attorney for the Town of
Wappinger, was requested to investigate the possibility of
the Town of Wappinger providing for intersection lights on
certain roads in the Town.
A town may contract for the lighting of improved state
highways and county roads, and for the lighting of bridges
on such highways, in town outside of incorporated villages,
as the Town Board deems necessary for the safety or con-
venience of the public. The contract shall be upon such
terms and for such period of time as the Board deems proper
or expedient but the period of time shall not exceed ten
years. Town Law Section 64 (19); 70p. State Compt., File
No. 51-5364, 1951.
You will note that this section authorizes the lighting
of state highways and county roads only. The Town Board may
from time to time provide for lighting dangerous portions of
any road or highway, provided that the Superintendent of
Public Works has given his approval. To initiate this action
the Board must submit a proposal, in the form of a Resolution,
to the Superintendent of Public Works, setting forth the
roads and portions thereof to be lighted and the manner of
lighting. Highway Law Section 327.
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The expense of installing, maintaining and caring for such
lights shall be a Town charge, and the monies therefor shall be
provided and appropriated in the same manner as for other Town
expenses. Highway Law Section 327. 7 Ope State Compt., File
No. 51-5364, 1951.
It should be noted that a Town Board is not authorized to
provide lighting for a private road. 7 Ope State Compt., 285,
1951.
Also it should be noted that the Board of Supervisors of
any county may provide lighting for public highways, or portions
thereof, located in such county outside of city and villages.
The expenses in this instance would be a county charge. Highway
Law Section 328.
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