§ 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.