39-847. State aid for bridges; application for replacement; costs; priorities; plans and specifications; contracts; maintenance.
(1) Any county board may apply, in writing, to the Department of Transportation for state aid in the replacement of any bridge under the jurisdiction of such board. The application shall contain a description of the bridge, with a preliminary estimate of the cost of replacement thereof, and a certified copy of the resolution of such board, pledging such county to furnish fifty percent of the cost of replacement of such bridge. The county's share of replacement cost may be from any source except the State Aid Bridge Fund, except that where there is any bridge which is the responsibility of two counties, either county may make application to the department and, if the application is approved by the department, such county and the department may replace such bridge and recover, by suit, one-half of the county's cost of such bridge from the county failing or refusing to join in such application. All requests for bridge replacement under sections 39-846 to 39-847.01 shall be forwarded by the department to the Board of Public Roads Classifications and Standards. Such board shall establish priorities for bridge replacement based on critical needs. The board shall consider such applications and establish priorities for a period of time consistent with sections 39-2115 to 39-2119. The board shall return the applications to the department with the established priorities.
(2) The plans and specifications for each bridge shall be furnished by the department and replacement shall be under the supervision of the department and the county board.
(3) Any contract for the replacement of any such bridge shall be made by the department consistent with procedures for contracts for state highways and federal-aid secondary roads.
(4) After the replacement of any such bridge and the acceptance thereof by the department, any county having jurisdiction over it shall have sole responsibility for maintenance.
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Annotations
Levy under this section was not authorized. State ex rel. Heil v. Jakubowski, 151 Neb. 471, 38 N.W.2d 26 (1949).
Every contract is made with reference to and subject to existing laws, and no right of contribution can exist based on nonperformance by the state of a contract which it was prohibited from making. Scotts Bluff County v. State, 133 Neb. 508, 276 N.W. 185 (1937).
State and county are jointly and severally liable for damages caused by construction of bridge as joint enterprise. Nine Mile Irr. Dist. v. State, 118 Neb. 522, 225 N.W. 679 (1929).