§ 238 — Construction or improvement of bridge by county and town or towns

New York § 238

• Jurisdiction: New York
• Law HAY: Highway
• Art. 9: Bridges

Text

§ 238. Construction or improvement of bridge by county and town or\ntowns. The board of supervisors of a county may provide for the\nconstruction or improvement of a bridge in one or more towns of a county\nand at the joint expense of the county and town or towns as provided in\nthis section. The board may by resolution direct the county\nsuperintendent to examine such bridge and report thereon, and if the\nboard considers such bridge to be of sufficient importance to be\nconstructed or improved as provided herein, it shall direct such county\nsuperintendent to prepare or cause to be prepared maps, plans,\nspecifications and estimate thereon, and such county superintendent\nshall, subject to the direction and control of the board of supervisors,\nhave the same powers and duties in respect to such bridge as are given\nto him in section one hundred and two of this chapter. Upon the\ncompletion of such maps, plans, specifications and estimate, they are to\nbe submitted to the board of supervisors for approval, and such board\nshall thereupon adopt a resolution providing for the construction or\nimprovement of such bridge in accordance with such plans, maps,\nspecifications and estimate, or in accordance with such maps, plans,\nspecifications and estimate as may be approved by it. The board of\nsupervisors shall direct the county superintendent of highways to\nconstruct such bridge or may award contract for the construction or\nimprovement of such bridge and the provisions of section thirty-eight of\nthis chapter shall apply so far as may be to such contracts and the\naward, execution and fulfillment thereof. The board of supervisors shall\ndetermine the apportionment of the cost of the construction or\nimprovement of such bridge to be borne by the county and the portion to\nbe borne by the town or towns in which such bridge is located, or by the\ntown or towns in which such bridge is not located but which are\nparticularly benefited thereby. The amount to be borne by the county\nshall be levied and collected as a county charge and paid into the\ncounty treasury. The amount to be borne by a town shall be levied and\ncollected as a town charge, and when collected shall be paid into the\ncounty treasury. If such bridge shall be located in a different position\nfrom an existing bridge, the board of supervisors shall acquire land for\nthe requisite construction, and such board may also acquire land for the\npurpose of obtaining gravel, stone or other material when required for\nthe construction or improvement of such bridge, together with a right of\nway to the bed, pit or quarry, or other place where such gravel, stone\nor other material may be located; and the provisions of section one\nhundred eighteen shall apply to the acquisition of such land as far as\nmay be, except that the cost of such land and the expense incident to\nacquiring the same shall be deemed a part of the cost of the\nconstruction and improvement of such bridge under the provisions of this\nsection. The portion of the cost of the construction or improvement to\nbe borne respectively by the county or such town or towns may be\nfinanced, in whole or in part, pursuant to the local finance law. The\nconstruction or improvement authorized by such resolution shall be done\nunder the supervision and direction of the county superintendent.\nPayments therefor shall be made from time to time by the county\ntreasurer upon the certificate of the county superintendent indorsed by\nthe chairman of the board of supervisors. Such bridge when completed\nand accepted by the board of supervisors shall be thereafter repaired\nand maintained at the sole expense of the town or towns in which it is\nlocated unless the board of supervisors shall apportion a share of the\nexpense of the repair and maintenance thereof upon the county, or upon\nthe town or towns particularly benefited. The provisions of this\nsection shall also apply to the construction of a new bridge on a new\ntown highway.\n