48 - State highways of additional width and increased cost at expense of town.

§ 48. State highways of additional width and increased cost at expense  of town. Whenever the department of transportation shall have determined  upon  the  construction  or  improvement  of  a state highway or section  thereof and it is desired by any town in which such proposed highway  is  situated  to  construct  or  improve the same at a greater width or in a  manner involving greater cost, or both, than that provided in the  plans  and  specifications as prepared by the department of transportation, the  town board may petition the department of transportation for an estimate  of the additional cost of constructing or improving the same to a  width  or  in  a  manner,  or both, as desired by such board. The department of  transportation shall as soon as practicable make  an  estimate  of  such  additional  cost  and  transmit the same to the town board, and the town  board  may  thereupon  by  resolution   petition   the   department   of  transportation  to  provide  the width and type of construction desired.  The additional expense caused by the increased width or  different  type  of  construction,  or  both,  shall  be  borne  wholly  by the town. The  department of transportation shall, in its discretion, upon  receipt  of  such resolution, if filed prior to the advertisement for bids, or during  the   course  of  construction,  provide  for  the  width  and  type  of  construction described in such resolution. Whenever  the  department  of  transportation   shall  have  approved  such  a  resolution  the  plans,  specifications and estimate of cost  shall  be  submitted  to  the  town  board,  who,  if  it  approve such plans, specifications and estimate of  cost shall, by resolution, duly adopted by a vote of a majority  of  all  the  members  of  such board, appropriate the funds necessary to provide  for the portion of the cost of construction to be  borne  by  the  town.  Such  funds  shall,  prior to the award of the contract, be deposited by  the town with the state comptroller, subject to the draft or requisition  of the department  of  transportation,  and  a  certified  copy  of  the  resolution  shall  be  filed with the department of transportation. Upon  the completion of the highway within a town where a portion of the  cost  is  borne by the town the department of transportation shall transmit to  the town board a statement showing the actual  cost  of  the  additional  width  or  changed  construction  including  a  proportionate charge for  engineering and shall notify the town clerk that it will accept the work  within twenty days from the  date  of  such  notice  unless  protest  in  writing  against  the  acceptance  shall be filed by such clerk with the  department of transportation. In case a protest is filed the  department  of  transportation  shall  hear  the  same  and  if  it is sustained the  department of transportation shall delay the acceptance of  the  highway  or  section  thereof until the same be properly completed. If no protest  is filed the highway or section thereof shall at the expiration  of  the  said  twenty  days be deemed finally completed and accepted on behalf of  the town and the state and shall thereafter be maintained in the  manner  provided in this chapter for maintenance and repair of state highways.