N.Y. Highway Law § 269: Extraordinary repairs of highways and bridges

§ 269. Extraordinary repairs of highways and bridges. If any highway

or bridge or the board walk on any highway less than two rods in width,

or a walk built to replace the same under section one hundred and

fifty-one, shall at any time be damaged or destroyed by the elements or

otherwise, or become unsafe for public use and travel, or if any bridge

or the board walk on any highway less than two rods in width, or any

such walk built to replace the same, be condemned by the department of

transportation, as provided in this chapter, the town superintendent

shall cause the same to be immediately repaired or rebuilt, with the

approval of the town board. Such highway or bridge or walk shall be so

repaired or rebuilt in accordance with the directions or the plans and

specifications prepared or approved by the county superintendent; except

if the bridge or walk to be repaired or rebuilt is one which has been

condemned by the department of transportation, as provided in this

chapter, the same shall be repaired or rebuilt in accordance with plans

and specifications to be prepared or approved by the department of

transportation. The town clerk shall prepare a statement showing the

probable cost of improving, repairing or rebuilding such highway or

bridge or walk, which statement shall be signed in duplicate by a

majority of the members of the town board, one of which duplicates shall

be filed with the town clerk and one be delivered to the supervisor.

The town clerk shall make a copy of such statement and transmit the same

to the department of transportation. The supervisor shall present such

statement to the board of supervisors, who shall cause the amount

contained in such statement to be assessed, levied and collected in the

same manner as amounts levied and collected for other highway and bridge

purposes, as provided by law. The amount so raised shall be paid to the

supervisor to be expended for the purposes specified in such statement.

Nothing herein contained shall be construed to prevent the financing of

such repairing or rebuilding, in whole or in part, pursuant to the local

finance law.