If a town superintendent shall be directed by the department of transportation to perform services in respect to the maintenance and repair of improved state highways within his town, compensation therefor shall be paid to the town out of the moneys set apart as provided in this article for such maintenance and repair. Such compensation shall be fixed by the department of transportation and shall be based on the salary fixed by the town board as compensation for his services performed for the town under this chapter. And said department of transportation shall make proper rules and regulations to carry into effect this provision.
N.Y. High. Law § 159