State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 238

§  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.

State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 238

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 238

§  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.