NY Hwy L § 238 (2021)
2021 New York Laws HAY - Highway Article 9 - Bridges 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.