2016 North Dakota Century Code Title 24 Highways, Bridges, and Ferries Chapter 24-08 Bridges
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CHAPTER 24-08
BRIDGES
24-08-01. Construction of bridges by board of county commissioners - Petition - Bids
- Rejection.
Whenever a majority of the freeholders of a civil township, or a majority of the freeholders
living within a radius of three miles [4.83 kilometers] of the proposed location, petition the board
of county commissioners for a bridge at a specified location within such township, or within any
incorporated city, if the cost of the bridge exceeds the sum of five hundred dollars, the board of
county commissioners shall view and investigate the necessity of the proposed bridge. If the
board approves the petition, it shall proceed to advertise in the official newspaper of the county,
for a period of thirty days, the plans and specifications of the proposed bridge, asking for sealed
bids for the building of such bridge, to be submitted to it at the next regular or special meeting,
at which the board shall proceed to examine all proposals or bids for the building of such bridge.
The board shall award the contract to the lowest responsible bidder, requiring the bidder to give
a bond in a sum not less than the amount stipulated in the bid or contract, conditioned for the
faithful compliance with the terms of the bid or contract, the bond to be approved by the board
and filed in the office of the county auditor but the board may reject all bids. If all bids are
rejected, the board shall readvertise as provided herein. Provided, however, that if the amount
of the lowest responsible bid is less than fifteen thousand dollars, the board may refuse all bids
received and proceed to construct the bridge under its own supervision as it deems most
expedient and may enter into contracts for the labor or material to be used in the construction of
the bridge.
24-08-02. Expense of bridge - How paid.
The expense of constructing a bridge built as provided in section 24-08-01 must be paid out
of the county bridge fund, if such bridge is accepted and approved by the board of county
commissioners.
24-08-02.1. County to furnish and pay for culverts on township roads.
The county shall furnish and install, at county expense, such culverts as are necessary to
be used along township roads at points of intersection with established drains, in accordance
with sections 24-08-01 and 24-08-02.
24-08-03. Bridges - Supervision, repairs, bids, signs - Liability.
1. Each bridge built under the provisions of section 24-08-01 is under the supervision of
the board of county commissioners, and the county shall pay the cost of rebuilding or
repairing these bridges.
2. If the cost of rebuilding or repairing a bridge would exceed thirty thousand dollars on
estimate of the county engineer and upon the approval of the estimate by the
department, the county commissioners shall advertise for bids and award the contract
pursuant to section 24-08-01. If a bridge is destroyed by flood, fire, or other casualty
and the public interest would suffer by the delay from advertising for bids and awaiting
the contract pursuant to section 24-08-01, the county commissioners may promptly
contract for the rebuilding or repair of the bridge without advertising for bids,
regardless of the cost.
3. The board of county commissioners at least every four years, and so far as time and
conditions may permit, shall cause an inspection to be made of all bridges on the
county road system in the county.
4. If any bridge on the county road system is deemed unsafe for public use by the board
of commissioners, it immediately shall take steps to close the bridge and prevent its
use by the public.
5. If any bridge on the county road system is deemed unsafe for loads in excess of a
certain weight, the board of commissioners shall post, by January 1, 1985, load limit
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6.
signs which must comply with the standards for uniform traffic control devices
prescribed by the director under section 39-13-07.
The county is not immune from claims or suits for damages arising out of negligent
failure to perform the inspection, signing, and repair duties required by this section.
24-08-04. Bridges part of highway.
Bridges erected or maintained by the public constitute a part of the public highway.
24-08-05. Petition for bridges across navigable rivers.
Whenever one-third of the resident taxpayers of any county, as appears by the last
preceding assessment roll of the county, petition the board of county commissioners requesting
an appropriation to build a bridge across any navigable river on the line of the county, setting
forth therein the location of the bridge as near as may be, its estimated cost, the necessity
therefor to accommodate the general traveling public, the manner in which it is proposed to pay
for the structure, and the time when it will be completed, the petition to be duly verified by the
affidavits of at least fifteen of the petitioners therein named, the board of county commissioners
shall publish a notice in the official newspaper of the county, once each week for three
consecutive weeks, briefly stating the object of the petition and that the same will be heard and
considered at the next regular meeting of such board. At the time appointed for the hearing of
the petition, the board of county commissioners shall investigate the need for such bridge, and if
it finds the same to be necessary and that the consent of the federal government has been
obtained to span such river, it, by resolution duly entered upon the minutes of the board, shall
appropriate toward the building of such bridge, from the county treasury, a sum not exceeding
one-half of the estimated cost of the bridge. The appropriation must be upon condition that a
sufficient bond be given, conditioned that the remaining one-half or more, as the case may be,
of the cost of the bridge will be paid.
24-08-06. Board of county commissioners may act with representatives of other
governmental agency.
If the remaining one-half of the cost of any bridge to be constructed as provided in section
24-08-05 is made up by an appropriation from any neighboring state or by any municipality in
this state, to be expended under a commission or through any other agency, the board of county
commissioners shall appoint a committee from its own number, of three or more, to meet such
other municipal agency, confer with its members, and advise and assist in the accomplishment
of such improvement in the best possible manner, and when the work is completed and
approved jointly by such agency and committee, such approval to be in writing and duly
reported to such board and recorded in the minutes thereof, the board shall direct the county
auditor to draw the county auditor's warrant upon the treasurer in favor of the contractor for the
amount due the contractor from such county.
24-08-07. Issuance of bonds to meet expenses of construction of bridge.
When one-half, or such other proportion as may be provided, of the cost of a bridge to be
constructed as provided in section 24-08-05 is provided by any municipality within this state, it
may issue bonds for this purpose in accordance with chapter 21-03. In case the limit of
indebtedness of such municipality would be exceeded thereby, then it is lawful for such
municipality to provide funding from revenues derived from its general fund levy authority.
24-08-08. Bridge funds to be turned over to city.
The county treasurer of each county wherein any city has constructed a bridge, or hereafter
shall construct a bridge, over any navigable stream, shall pay to the auditor of such city whereby
such bridge has been constructed or is about to be constructed, all money in the county
treasury or which may come into the county treasury in the bridge fund of such county, which
may have been or which shall be levied, assessed, and collected from persons and property, or
either, in said city.
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24-08-09. Cost of bridge limited.
The total cost to any county of any bridge built under the provisions of section 24-08-05
across a navigable river in no case may exceed the sum of three hundred thousand dollars.
24-08-10. Counties or municipalities may assist in constructing bridge.
Any county or municipality within this state desiring to assist in the construction,
maintenance, or repair of a bridge over a navigable river, regardless of whether such county or
municipality borders the river at the point where the bridge is to be built, by a majority vote of its
board or governing body:
1. May enter into an agreement for the construction, maintenance, and repair of such a
bridge with other municipalities or counties, whether such municipalities or counties
are located within the state of North Dakota or a state bordering North Dakota; and
2. May appropriate any sum that to the said board or governing body may seem
reasonable and shall direct the proper officer to draw a warrant on the general fund for
the payment of such appropriation.
Bridges constructed pursuant to this section may not be required to comply with the provisions
of sections 24-08-01 and 24-08-05, except that bridges constructed entirely within the state of
North Dakota must comply with the bidding requirements of section 24-08-01.
24-08-11. Plans for bridge when state aid is used in paying cost.
Repealed by S.L. 1953, ch. 177, § 120.
24-08-12. Bridge across Yellowstone River in McKenzie County.
Repealed by S.L. 1953, ch. 177, § 120.
24-08-13. Liberty memorial bridge.
A bridge replacing the bridge between Mandan and Bismarck presently known as the liberty
memorial bridge is designated the liberty memorial bridge upon the completion of the
replacement bridge.
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