§ 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.