N.Y. Highway Law § 238: Construction or improvement of bridge by county and town or towns

§ 238. Construction or improvement of bridge by county and town or

towns. The board of supervisors of a county may provide for the

construction or improvement of a bridge in one or more towns of a county

and at the joint expense of the county and town or towns as provided in

this section. The board may by resolution direct the county

superintendent to examine such bridge and report thereon, and if the

board considers such bridge to be of sufficient importance to be

constructed or improved as provided herein, it shall direct such county

superintendent to prepare or cause to be prepared maps, plans,

specifications and estimate thereon, and such county superintendent

shall, subject to the direction and control of the board of supervisors,

have the same powers and duties in respect to such bridge as are given

to him in section one hundred and two of this chapter. Upon the

completion of such maps, plans, specifications and estimate, they are to

be submitted to the board of supervisors for approval, and such board

shall thereupon adopt a resolution providing for the construction or

improvement of such bridge in accordance with such plans, maps,

specifications and estimate, or in accordance with such maps, plans,

specifications and estimate as may be approved by it. The board of

supervisors shall direct the county superintendent of highways to

construct such bridge or may award contract for the construction or

improvement of such bridge and the provisions of section thirty-eight of

this chapter shall apply so far as may be to such contracts and the

award, execution and fulfillment thereof. The board of supervisors shall

determine the apportionment of the cost of the construction or

improvement of such bridge to be borne by the county and the portion to

be borne by the town or towns in which such bridge is located, or by the

town or towns in which such bridge is not located but which are

particularly benefited thereby. The amount to be borne by the county

shall be levied and collected as a county charge and paid into the

county treasury. The amount to be borne by a town shall be levied and

collected as a town charge, and when collected shall be paid into the

county treasury. If such bridge shall be located in a different position

from an existing bridge, the board of supervisors shall acquire land for

the requisite construction, and such board may also acquire land for the

purpose of obtaining gravel, stone or other material when required for

the construction or improvement of such bridge, together with a right of

way to the bed, pit or quarry, or other place where such gravel, stone

or other material may be located; and the provisions of section one

hundred eighteen shall apply to the acquisition of such land as far as

may be, except that the cost of such land and the expense incident to

acquiring the same shall be deemed a part of the cost of the

construction and improvement of such bridge under the provisions of this

section. The portion of the cost of the construction or improvement to

be borne respectively by the county or such town or towns may be

financed, in whole or in part, pursuant to the local finance law. The

construction or improvement authorized by such resolution shall be done

under the supervision and direction of the county superintendent.

Payments therefor shall be made from time to time by the county

treasurer upon the certificate of the county superintendent indorsed by

the chairman of the board of supervisors. Such bridge when completed

and accepted by the board of supervisors shall be thereafter repaired

and maintained at the sole expense of the town or towns in which it is

located unless the board of supervisors shall apportion a share of the

expense of the repair and maintenance thereof upon the county, or upon

the town or towns particularly benefited. The provisions of this

section shall also apply to the construction of a new bridge on a new

town highway.