14-013 Code Vt. R. 14-010-013-X

Current through August, 2024

Section 14 010 013 - RULES AND REGULATIONS RELATIVE TO ADMINISTRATION OF NO. 63 OF PUBLIC ACTS OF 1973 - TOWN BRIDGES, ROAD MONEY

Action 1

The Transportation Board adopts an amended rule called Rules for Distribution of Emergency Aid Funds, as follows:

II. Emergency Aid

n1 State share financed from Title 19, Section 17(e) funds. Right-of-way costs financed from town funds.

n2 State share financed from Title 19, Section 17(e) funds. Right-of-way costs financed from town funds.

n3 Cost of engineering financed from Title 19, Section 17(c) funds.

n4 State share financed from Title 19, Section 17(e) funds.

n5 State share financed from Title 19, Section 17(d) funds.

LOCAL AUTHORIZATIONS

Pursuant to 19 V.S.A., Section 1810, municipalities must obtain ratification of the local portion of theproject [the project] costs, as such portion is periodically assessed by the Agency, within 18 months of the approval of the project by the Board. In the event ratification is not obtained within 18 months, the State shall withdraw from the proposal. No subsequent application may be accepted by the Agency unless 18 months has passed since the earlier application was approved.

ASSESSMENT OF PROJECT COSTS

Subsequent to approval of a project by the Board, towns will be assessed periodically for the local share of the project costs, as the project continues through the planning and design stages. Failure of a town to pay the required assessment will result in the suspension of the project.

ENGINEERING COSTS FOR OFF-SYSTEM PROJECTS

Funds available under Title 19, Section (c) may be used by the Agency for financing the cost of engineering services supplied to town governments in connection with the planning and design of Federal Off-System Projects.

Action 3.

A rule entitled "Town Highway Annual Financial Report", adopted by the Highway Board on July 16, 1974, is amended as follows:

TOWN HIGHWAY FINANCIAL REPORT

1. The emergency aid is available only in the event of natural disaster or unforeseeable major catastrophe.

2. The town shall also file an accounting of its available unexpended State and local highway funds.

3. The application shall be submitted to the District Highway Engineer, who shall investigate the damage resulting from the emergency and file a report to include a description of such damage, estimated cost to repair, status of existing Town Highway Funds, evaluation of the need, a recommendation, and any other pertinent information.

4. The application and report shall be forwarded to the Highway Board via the Chief Engineer and Commissioner of Highways, who will add their recommendations.

5. The Highway Board shall, within funding limitations and recommendations of the District Highway Engineer, Chief Engineer and Commissioner of Highways, apportion funds to the town.

ELIGIBILITY

Funds made available from the Emergency Aid Fund are intended to assist towns faced with a financial emergency for the repair of Class 1, 2 or 3 town highways damaged as the result of a disaster. A disaster is defined as a sudden, calamitous event bringing great damage, loss or destruction.

APPLICATION PROCEDURE

A town seeking such assistance must notify the District Transportation Administrator of its intention to file an application immediately after the disaster occurs to permit timely appraisal of the damage by the Administrator. Subsequent to this appraisal a formal application shall be submitted to the Transportation Board.

CONTENT OF APPLICATION

The application shall include the following information:

1) A statement of the reasons why the disaster has created a financial emergency for the town.

2) A description of the damage with a listing of the measures taken to prevent or reduce the damage.

3) An estimate of the cost of repair.

BOARD ACTION

The completed application shall be submitted to the District Transportation Administrator who shall append his comments and recommendations and forward the application to the Board via the Agency of Transportation. The application shall be reviewed by the Board which shall determine if the disaster has created a financial emergency for the town, if an award should be made and if so, the amount of the award.

In the event financial assistance is awarded, the Board may impose such conditions as it deems appropriate for the particular disaster involved, which conditions shall not constitute a precedent for future situations.

Action 2.

A rule entitled "Procedure for Administration of Federal Aid Funds on Town Highways" adopted by the Highway Board on July 16, 1974 is amended as follows:

1. A Class 1, 2 or 3 highway must be on the Federal Aid System to be eligible for expenditure of Federal Aid funds except when Federal Aid funds become available for use on non-Federal Aid System Highways.

2. Contracts must be let for Federal Aid construction. Federal Aid funds are not available for construction by town forces except under special circumstances as approved by the Commissioner of Highways on an individual case basis.

CONSTRUCTION

Federal Aid funds will not be available for construction by town force account except under special circumstances when approved by the Secretary of Transportation. Unless otherwise ordered by the Agency and the Federal Highway Administration, projects shall be advertised for competitive bid. The Agency shall furnish plans and specificiations upon which the contract will be awarded by the town and the Agency.

3. Additions to and deletions from the Federal Aid System require approval of the local town officials, the State Highway Board, and the Federal Highway Administration.

4. Projects are selected on a basis of a request by local officials thru the District Engineer, who recommends the project, thru the Highway Planning Division, to the Highway Board. Initiation of the project is accomplished with the execution of an engineering agreement between the town and State Highway Department.

PROJECT REQUESTS

All requests for Federal Aid Projects shall be initiated by local elected officials who shall submit the request to the District Transportation Administrator, who shall transmit the request with recommendation to the Secretary of Transportation or his designee. Requests for projects on the Urban M System shall also be submitted to the Regional Planning Commission for recommendation which shall also be transmitted to the Secretary of Transportation.

Annually, on or before June 1, the Agency shall submit to the Board its recommendation for projects to be approved for the ensuing Fiscal Year. The projects shall be arranged by individual program which shall include a statement of Federal funds to be made available plus balances remaining from previous fiscal years, a listing of each project with the amount recommended for allocation.

5. Projects are recommended for programming in the fiscal year in which federal and state funds are available, with further consideration to the time schedule required to advance the project to construction.

6. Right-of-way required for the project will be purchased by the town in accordance with procedures established by State and Federal right-of-way regulations and laws. The Right-of-Way Division of the Highway Department will insure adherence, and will assist the towns with personnel when required.

PROPERTY ACQUISITION

Right-of-way required for the project will be secured by the town in accordance with procedures established by State and Federal right-of-way regulations and laws. The Property Administration Section shall supervise property acquisition activities and assist the towns with personnel as required. Personnel may be employed by the town, subject to approval of the Property Administration Chief to assist in right-of-way acquisition.

7. Public hearings as required by the Department of Highways Action Plan will be conducted by the Highway Department's Planning Division. Hearings required for right-of-way are the responsibility of the town officials.

PUBLIC HEARINGS

Public Hearings as required by the Agency of Transportation Plan shall be scheduled and conducted by local officials with the assistance of the Agency.

8. Right-of-way and Maintenance Agreements will be executed between the town and the Highway Board upon completion of the design plans prepared by the Department of Highways.

AGREEMENTS WITH TOWN

Following approval of the programs by the Board, the Agency shall execute agreements with the towns for the execution of the project, such agreement to include provisions relative to engineering aspects, financing and right-of-way acquisition. Right-of-way and maintenance agreements will be executed between the Agency and the town upon completion of the design plans.

9. Advertising and awarding of the contract will be accomplished by the Highway Board. Construction supervision will be assigned to a Department of Highways Resident Engineer by the Highway Department.

FINANCING

Towns participating in Federal Aid projects shall provide the required matching share of all project costs, as follows:

System	Federal Share	State Share	Local Share	Total
Urban	75%	15%	10%	100%
Primary n1	75%	25%		100%
Rural Secondary n2	75%	25%		100%
Off System n3	75%		25%	100%
Hazard Elimination n4	80%	20%		100%
Rail/Highway Crossings	90%	10%		100%
Bridge Replacement n5	80%	16%	4%	100%

1. The Report will be filed on forms furnished by the Highway Board.

1) The report shall be prepared on forms supplied by the Agency of Transportation and shall portray amounts budgeted for town highways for the fiscal year and the actual expenditures for the same fiscal year.

2. The form must be completed in its entirety and filed with the Highway Board. A town is ineligible to receive allocations for the ensuing year until this report is received by the Board.

3. Town records supporting this Report must be retained by the town for a period of 6 years and must be available, upon request, for inspection by the Highway Board or its representative.

4. Acceptance of the Town Highway Annual Financial Report by the Highway Board does not, in any way, act as verification of the contents thereof.

5. Town Highway funds will be maintained separate from other town funds, unless the town has previously demonstrated to the Highway Board that the accounting system in effect can adequately produce the desired information.

6. Reports of expenditures on town highways will be filed with the District Highway Engineer for the purpose of (a) assisting towns in development of data required for the annual expenditure report; (b) assembling data needed for the production of the annual plan; and (c) evidencing that State funds were expended only for the purpose for which they were apportioned as required by the Statute.

Form HD 66, Report of Expenditure of Money on Highway Work is available for use by towns where accounting procedures are compatible with this form. In towns where HD 66 is not used, town officials with approval of a representative of the Highway Board, may elect alternate reporting procedures.

The report will be filed on at least a quarterly basis or at more frequent intervals as, in the judgment of town officials and the representative of the Board, will be consistent with the objectives of the expenditure report procedure.

2) The annual financial report shall be submitted to the Agency of Transportation within 45 days of the close of the town's fiscal year.

3) A town shall not receive its next quarterly apportionment under Title 19, Section 17(f), (g), and (h) until the annual financial report is received by the Agency.

14-013 Code Vt. R. 14-010-013-X

Effective Date: December 17, 1980 (SOS Rule Log #80-129)

Statutory Authority: 19 V.S.A. C. 1, § 17