§ 234 — Public authority, public benefit corporation, commission, county, town, city or village bridges

§ 234. Public authority, public benefit corporation, commission,\ncounty, town, city or village bridges. 1. a. All public authorities,\npublic benefit corporations, commissions, county superintendents of\nhighways, town superintendents of highways, and legislative bodies of\ncities and villages shall cause an inspection to be made of each bridge\nunder their respective jurisdictions. Such inspection shall be made on a\nfrequency and shall be conducted under standards prescribed by the\ncommissioner pursuant to rules and regulations adopted in accordance\nwith this article. Upon the request of the appropriate public authority,\npublic benefit corporation, commission, county highway superintendent,\ntown highway superintendent or appropriate city or village official, the\ndepartment may make such inspection. If the appropriate public\nauthority, public benefit corporation, commission, county\nsuperintendent, town superintendent or appropriate city or village\nofficial does not request such an inspection and the commissioner\ndetermines after suitable investigation that the appropriate public\nauthority, public benefit corporation, commission, county\nsuperintendent, town superintendent, or city or village official has not\ncomplied with the rules and regulations of the department adopted in\naccordance with this article for the inspection of bridges, and after\ndue notice, the commissioner shall cause such inspection to be made.\nAfter such inspection the bridge shall have the same status with respect\nto maintenance and liability as it had prior to inspection.\n b. The cost of the inspection of any bridge owned by a public\nauthority or a public benefit corporation shall be the responsibility of\nsuch public authority or public benefit corporation. If such public\nauthority or public benefit corporation fails to reimburse the\ndepartment for such reasonable and necessary costs after due notice as\nprovided by rules and regulations, the commissioner is hereby authorized\nand empowered to commence an action in a court of competent jurisdiction\nto collect any money owed by such public authority or public benefit\ncorporation for such inspections.\n c. Once the department has conducted an inspection of any bridge it\nshall continue to make subsequent inspections of such bridge as may be\nrequired; however, if the appropriate public authority, public benefit\ncorporation, commission, county superintendent, town superintendent or\nappropriate city or village official notifies the commissioner that such\npublic authority, public benefit corporation, commission, or local\njurisdiction desires henceforth to make such inspection and demonstrates\nto the commissioner that it has the means to do so in accordance with\nthe provisions of this article and the rules and regulations adopted\npursuant thereto, the appropriate public authority, public benefit\ncorporation, commission, county superintendent, town superintendent, or\ncity or village official shall reassume responsibility for such\ninspection.\n 2. a. If the result of an inspection indicates that a bridge is unsafe\nfor public use and travel with legal weights, or if posted, with such\nposted weights, the appropriate public authority, public benefit\ncorporation, commission, county superintendent, town superintendent or\ncity or village official shall close it to all traffic and shall notify\nthe department of that fact. The appropriate public authority, public\nbenefit corporation, commission, county superintendent, town\nsuperintendent or city or village official shall thereupon cause to be\nposted conspicuous notices on such bridge and also on the approaches\nthereto to the effect that the bridge is closed to all traffic and shall\nat the same time cause to be erected suitable barricades for closing\nsuch bridge, including the necessary lights which shall be visible to\nany one approaching such barricades from one hour after sunset to one\nhour before sunrise. Neither the county nor the town nor any other\npublic entity shall be responsible for any damages which may result to\nany person entering on or traveling over such bridge after the posting\nof such notices and the erection of such barricades.\n b. If the appropriate public authority, public benefit corporation,\ncommission, county, town, city or village fails to close such a bridge,\nthe department is hereby authorized and directed to close and barricade\nsuch bridge in accordance with the provisions of this article and rules\nand regulations adopted pursuant thereto, and any reasonable and\nnecessary costs incurred by the department shall be the responsibility\nof and paid for by the appropriate public authority, public benefit\ncorporation, commission, or municipality. If such public authority,\npublic benefit corporation, commission or municipality fails to\nreimburse the department or division for such costs after due notice as\nprovided by rule and regulation, the commissioner is authorized to\npursue all available remedies including but not limited to commencing an\naction in a court of competent jurisdiction to collect any such money\nowed by a public authority, public benefit corporation, commission or\nmunicipality.\n 3. a. If a bridge is found to require a load capacity evaluation, it\nshall be the responsibility of the appropriate public authority, public\nbenefit corporation, commission, county highway superintendent, town\nhighway superintendent or city or village official to determine the\ntotal safe load which may be permitted to pass over such bridge and such\npublic entity or the appropriate public official shall notify the\ndepartment of such determination. Such load capacity evaluation must be\nperformed by a licensed professional engineer. No person shall drive\nanimals or operate a vehicle or combination of vehicles on or across any\nsuch bridge the total weight of which, on said bridge at any one time,\nshall exceed the total safe load as sign posted. It shall thereupon be\nthe duty of the appropriate public authority, public benefit\ncorporation, commission, county highway superintendent, town highway\nsuperintendent or city or village official, with respect to structures\nunder their respective jurisdictions, to post signs to inform persons of\nthe safe load permitted on such bridge. The type and manner of placement\nof such signs shall conform to the manual and specifications of the\ndepartment. Neither the state nor any other public entity shall be\nresponsible for any damages which may result to vehicles or animals of a\ngreater weight upon such bridge than that indicated on the signs.\n b. If the appropriate public authority, public benefit corporation,\ncommission, county, town, city or village fails to determine the safe\nload capacity and, if appropriate, post the total safe load which may be\npermitted to pass over a bridge within sixty days of being notified that\na load capacity evaluation is required, the commissioner may, close the\nbridge in accordance with the provisions of this article and the rules\nand regulations adopted pursuant thereto and any reasonable and\nnecessary costs incurred by the department shall be the responsibility\nof and paid for by the appropriate public authority, public benefit\ncorporation, commission or municipality. If such public authority,\npublic benefit corporation, commission or municipality fails to\nreimburse the department or division for such costs after due notice as\nprovided by rule and regulation, the commissioner is authorized to\npursue all available remedies including but not limited to commencing an\naction in a court of competent jurisdiction to collect any such money\nowed by a public authority, public benefit corporation, commission or\nmunicipality.\n 4. If a bridge having a span less than twenty-five feet is condemned,\nthe county superintendent shall without delay cause to be prepared\nplans, specifications and estimates for the repair, alteration or\nreconstruction of such bridge and approaches thereto or for the\nconstruction of a bridge and approaches thereto on new location.\n The cost of preparing such plans, specifications and estimates, if\nany, may be paid by the treasurer of the county on the order of the\ncounty superintendent, together with an itemized statement of such\ncosts, from any money of the county appropriated for the construction of\nbridges. On or before the thirty-first day of October in each year the\ncounty treasurer shall report the amount of such expenditures to the\ntown superintendent of highways of the town in which such bridges are\nlocated and the amount thereof shall be included in the estimate of\nexpenditures for highways and bridges required to be prepared by the\ntown superintendent of highways and shall thereafter be paid by the\nsupervisor upon a voucher approved by the town superintendent of\nhighways after audit in the same manner as other charges against the\ntown to the county treasurer from taxes levied and collected for that\npurpose.\n 5. If a bridge having a span less than twenty-five feet has been\ninspected by the county superintendent and posted by the town\nsuperintendent as safe for restricted use, it shall be the\nresponsibility of the town to maintain the structure in a proper\ncondition of repair for safe usage by the public in accordance with the\nposted limits of loads and speed.\n 6. Any bridge having a span of twenty-five feet or more, which has\nbeen inspected by the county superintendent of highways, may be taken\nover by the county under official order of the county superintendent of\nhighways. Otherwise its status shall remain the same as bridges having\nless than twenty-five feet span. If a bridge having a span of\ntwenty-five feet or more has been taken over by the county under\nofficial order, it shall be repaired, altered, reconstructed or\nconstructed on new location under the direction of the county\nsuperintendent of highways. Upon the issuing of such official order the\ncounty superintendent shall without delay cause to be prepared plans,\nspecifications and estimates for the repair, alteration or\nreconstruction of such bridge or for the construction of a bridge on new\nlocation and it shall be the duty of the board of supervisors forthwith\nto undertake such repair, alteration, reconstruction or construction\nwork. The county in which such bridge having been taken over by the\ncounty superintendent of highways is located shall pay the cost of such\nrepair, alteration, construction or reconstruction and the board of\nsupervisors of such county is hereby authorized to provide funds for\nsuch purposes in accordance with the provisions of the highway law\nrelating to the raising of moneys for the construction, reconstruction\nor repair of county roads and town highways.\n Payment of such construction, reconstruction or maintenance shall be\nmade as follows:\n Where the construction, reconstruction or maintenance is done by\ncontract, from time to time as the work proceeds, and in accordance with\nrules to be established by the commissioner of transportation, the\ncounty superintendent of highways shall prepare a voucher showing the\nvalue of the work completed and a verified certificate showing that such\nwork was done in accordance with the plans and specifications. Such\nvoucher and certificate shall be filed with the county treasurer. In the\nevent that the work was done by county forces, a similar voucher for the\nwork done, including material furnished, and a similar certificate shall\nbe filed with the county treasurer. The county treasurer, on such\nvoucher shall, in cases where the work has been done by contract, pay\nout of the money provided an amount not exceeding ninety per centum, or\nin a case where the bond is dispensed with, eighty per centum, of the\ncontract price of such completed work; and where the work has been done\nby county forces shall pay the full amount of such voucher. The balance\nof the contract price shall be paid after the completion of the work\nwhen the same has been accepted by the county superintendent by a\ncertificate and voucher filed in the office of the county treasurer.\n The county superintendent may, pending the preparation of said plans,\nspecifications and estimates and pending the performance of the duty of\nthe board of supervisors as above prescribed, and subject to the\nmonetary limitations as hereinafter set forth, make such emergency\nrepairs to such bridges or build temporary structures thereat, as he\ndeems necessary without the approval and the adoption of a resolution by\nthe board of supervisors previous to the performance of such work; and\nthe board of supervisors may cause such a sum of money to be raised as\nit deems necessary for the purpose of the construction, reconstruction\nor repairs, and for such other purposes for bridges as are required by\nlaw, under the direction and supervision of the county superintendent.\nIt shall be the duty of the county treasurer to pay for any such\nemergency work from said money upon the submission to him of an itemized\nstatement of all such expenditures connected therewith upon the order of\nthe county superintendent.\n In case of an emergency if the appropriation for bridge purposes is\nexhausted or insufficient the county treasurer may pay from any\nunobligated balance in the county road fund and the board of supervisors\nshall, at its first subsequent meeting, appropriate a sufficient amount\nto reimburse the county road fund for money so expended. The county\ntreasurer shall report the receipts and expenditures pursuant to this\nsection at the same time and in the same manner that he is required to\ndo by the provisions of article six of the highway law. Such account\nshall be subject to audit by the board of supervisors and may be\nexamined by the state comptroller at any time.\n 7. If a bridge having a span of twenty-five feet or more has been\ntaken over by the county on the official order of the county\nsuperintendent of highways and posted by the town superintendent as safe\nfor restricted use, it shall be the responsibility of the county to\nmaintain the structure in a proper condition of repair for safe usage by\nthe public in accordance with the posted limits of loads and speeds.\n 8. Any bridge having a span of less than twenty-five feet as provided\nin this section shall be maintained at the expense of the town in which\nsuch bridge is located. Any bridge having a span of twenty-five feet or\nmore built in accordance with the provisions of this section and located\nupon a county road shall be maintained by the county in which such\nbridge is located. All other bridges built by the county under this\nsection shall be maintained by the county excepting that the floor or\nwearing surface of such bridges shall be maintained by the towns in\nwhich they are located.\n 9. If a bridge having a span less than twenty-five feet is located in\nmore than one town, the procedure in this section shall apply equally to\nsuch towns and town superintendents affected.\n If a bridge having a span of twenty-five feet or more is located in\nmore than one county, the procedure in this section shall apply equally\nto such counties and county superintendents.\n Such portions of the highway law relating to bridges located in more\nthan one town or more than one county shall apply in so far as the same\nis not inconsistent with other provisions of this section.\n For the purposes of this section, a bridge having a span of\ntwenty-five feet or more shall be considered a structure wherein the\nhorizontal distance from face to face of abutments at the bridge seat\nelevation is not less than twenty-five feet.\n 10. Upon the recommendation of the county superintendent, the board of\nsupervisors may, at any time, by resolution, take over any bridge having\na span of twenty-five feet or over which is on a town highway or any\ntown bridge over twenty-five feet long located within an incorporated\nvillage, although such bridge may not have been condemned, for the\npurpose of maintaining and preserving the same under the supervision of\nthe county superintendent. Upon the adoption of such a resolution the\nclerk of the board of supervisors shall mail a certified copy of the\nresolution to the county superintendent, the county treasurer and the\nsupervisor of the town within which such bridge is located, which copy\nshall be filed by each of said officers in his office. Such resolution\nshall also appropriate and make immediately available to the order of\nthe county superintendent from county funds, such sum as may be deemed\nnecessary for the preservation or maintenance of such bridges, and it\nshall be the duty of the board of supervisors to appropriate and make\navailable to the order of the county superintendent from time to time\nfrom county funds such sums as may become necessary for the preservation\nand maintenance of such bridges. Any bridge taken over by the county\npursuant to this section shall be under the direct supervision of the\ncounty superintendent of highways and if a bridge is a draw-bridge or of\na nature that requires the services of an operator or attendant, such\noperator or attendant shall be employed by the county superintendent of\nhighways and paid out of county funds appropriated for the maintenance\nof bridges.\n 11. (a) Upon the recommendation of the county superintendent that any\nbridge having a span of twenty-five feet or over, which is on a county\nroad or a town highway, has become useless and not necessary for the\npublic convenience and welfare, the board of supervisors, to promote the\ninterests of the county, upon a resolution adopted by a majority of the\nmembers of such board, may authorize, empower and direct the county\nsuperintendent acting for and in behalf of such board, to make an order\nabandoning any such bridge, provided, however, that such order shall\nbecome effective if and when he shall have obtained a written release\nfrom all damages from the owners of the land adjacent to the section of\nthe highway upon which such bridge is located between lateral\nintersecting highways affected thereby. Such release shall contain a\nprovision that it shall forever be binding upon and in full force and\neffect against the owner, his lessees, grantees, assigns, successors,\nheirs and devisees and such release shall, when recorded and indexed as\nhereinafter prescribed, be so binding. Said release shall be duly\nacknowledged in the manner to entitle a conveyance transferring any\nestate in real property to be recorded and it shall be recorded and\nindexed in the county clerk's office in which the lands described in a\nrelease are located as a conveyance under the real property law.\n (b) The county superintendent, with the approval of the chairman of\nthe board of supervisors and the county judge, may agree with such owner\nor owners upon the amount of consideration for such releases in a gross\nsum not to exceed five thousand dollars. An order of the county\nsuperintendent as herein provided shall be final. The amount agreed upon\nto be paid to such owners for such releases and the cost of the removal\nof such useless bridge and/or the cost for the erection of obstructions\nor barricades shall be a county charge and may by resolution of the\nboard of supervisors be paid from any funds of the county that may be\nlegally used for such purpose or may be raised, in whole or in part,\npursuant to the local finance law. Whenever the money to be paid for\nsuch releases is available the county treasurer shall pay to the said\nowners executing said releases the amounts agreed upon to be paid to\nthem for said releases upon the requisition of the county\nsuperintendent.\n (c) It shall be the duty of the county superintendent upon the making\nof an order of abandonment to file the same in the office of the clerk\nof the board of supervisors and to file copies thereof certified by the\nclerk of the board of supervisors in the town clerk's office of the town\nor towns in which such useless bridge or part thereof is situated, and\nhe shall send two such certified copies of said order to the department\nof transportation. Upon the filing of said order it shall be the duty of\nthe county superintendent to erect at and across each end of such\nuseless bridge a suitable substantial barricade or obstruction to close\nsuch bridge and for the prevention of further use thereof and passage\nthereon or thereto and there shall be installed suitable signs, the type\nand manner of placement of which shall conform to the New York State\nmanual of uniform traffic control devices. If such bridge is taken down,\nthe county superintendent shall place like obstructions or barricades at\nthe ends of the portions of the highway at the places where the highway\njoined such bridge. The county superintendent shall also erect suitable\nsigns at lateral intersecting highways which in his judgment afford most\nconvenient detours to another bridge or bridges to be used by the\ntraveling public instead of such abandoned bridge. The cost of such\nsigns, their erection and maintenance shall be paid for in the manner\nprovided for the payment of the barricades and obstructions as\naforesaid.\n 12. Upon the written recommendation of the county superintendent that\nany bridge having a span of twenty-five feet or over, which is on a\ncounty road or town highway, has become useless and not necessary for\nthe public convenience and welfare, the board of supervisors, upon a\nfinding by resolution of the town board as to any such bridge on a town\nhighway, or upon a finding by resolution of such board of supervisors as\nto any such bridge on a county road, to promote the interests of the\ncounty, may, upon a resolution adopted by a majority of the members of\nsuch board, order and direct the county superintendent to abandon such\nbridge on a county road or town highway and to erect suitable barricades\nfor closing such bridge and also signs in relation to such abandonment\nas are prescribed for the abandonment of a useless bridge in the last\nabove preceding subdivision of this section.\n The clerk of the board of supervisors shall forthwith serve a\ncertified copy of such resolution on the county superintendent and\nthereupon the county superintendent shall make, in duplicate, a written\norder of abandonment of such bridge and file one of them in his office\nand one of them in the office of the clerk of the board of supervisors,\nwho shall forthwith make and certify copies of such resolution and of\nsuch order and file the same in the town clerk's office of the town or\ntowns in which said useless bridge is situated and shall mail two\ncertified copies of such resolution and of such order to the state\ndepartment of transportation. Upon the county superintendent making and\nfiling such order of abandonment, he shall forthwith permanently and\nsubstantially barricade such bridge to public highway uses and purposes,\nor remove the bridge and build sufficient permanent and substantial\nbarricades across the road or highway at the points where entrance was\nmade upon the bridge, and the cost and expense thereof shall be a county\ncharge, to be paid by the county treasurer upon the order of the county\nsuperintendent.\n If the board of supervisors or the county superintendent, for and in\nbehalf of the board, is unable to obtain releases from all damages, not\nexceeding the amounts prescribed in the last preceding subdivision of\nthis section, from owners of the land adjacent to the section of the\nroad or highway upon which such abandoned bridge is located, lying\nbetween such bridge and intersecting roads or highways, such owners of\nlands shall be entitled to recover from the county the damages resulting\nfrom the abandonment of such bridge. Any such owner claiming damages\nfrom such abandonment of such bridge may, within ninety days after such\nbridge has been barricaded against or removed from the public use, apply\nto the supreme court at a special term thereof to be held in the\njudicial district in which the county is located for the appointment of\nthree commissioners of appraisal to determine and assess the damages to\nwhich he is entitled to be paid by the county. Notice of application\nmust be served upon the chairman of the board of supervisors at least\nten days before the hearing thereof. The commissioners of appraisal\nshall be taxpayers of such county but shall not reside in the town in\nwhich such abandoned bridge is or was situated. All proceedings\nsubsequent to the appointment of commissioners of appraisal shall be\ntaken in accordance with the provisions of the condemnation law so far\nas applicable. The commissioners of appraisal, appointed as herein\nprovided, for each day necessarily employed as such shall each be\nentitled to fifteen dollars and his necessary expenses, which shall be a\ncounty charge to be audited by the board of supervisors or a committee\nthereof and paid by the county treasurer upon the order of the board by\nits chairman.\n If such bridge is over the county boundary line between two counties,\nthe aforesaid abandonment proceedings, steps and measures may be taken\nin, for and by the respective counties for the abandonment of such\nuseless bridge, and the cost and expense thereof shall be at the joint\ncost and expense of such counties, excepting, however, that each county\nshall severally pay the cost of obtaining releases for damages or the\ndamages determined and assessed by the commissioners of appraisal in\nconnection with the lands in each county affected as herein specified.\n 12-a. Upon the recommendation of the county superintendent that any\nbridge having a span of twenty-five feet or over which is on a town\nhighway outside of a city, and which is not on the improved state system\nof highways, or any such bridge which is under the supervision of the\ntown superintendent of highways, located within an incorporated village,\nand which has been condemned by the county superintendent of highways\nunder the provisions of subdivisions one and two of this section, and\nwhich has not been taken over by the county under the official order of\nthe county superintendent of highways pursuant to subdivision six of\nthis section, has become useless and not necessary for the public\nconvenience and welfare, the board of supervisors, to promote the\ninterest of the county may, upon a resolution adopted by a majority of\nthe members of such board, order and direct the county superintendent to\nabandon such bridge on a town highway or any such bridge which is under\nthe supervision of the town superintendent of highways located within an\nincorporated village, and to erect suitable barricades for closing such\nbridge, and also signs in relation to such abandonment, as are\nprescribed for the abandonment of a useless bridge in subdivision eleven\nabove.\n The clerk of the board of supervisors shall forthwith serve a\ncertified copy of such resolution on the county superintendent and\nthereupon the county superintendent shall make, in duplicate, a written\norder of abandonment of such bridge pursuant to the provisions of this\nsubdivision and file one of them in his office and one of them in the\noffice of the clerk of the board of supervisors, who shall forthwith\nmake and certify copies of such resolution and of such order and file\nthe same in the town clerk's office of the town or towns in which said\nuseless bridge is situated and shall mail two certified copies of such\nresolution and of such order to the state department of transportation.\nUpon the county superintendent making and filing such order of\nabandonment, he shall forthwith permanently and substantially barricade\nsuch bridge to public highway uses and purposes, or remove the bridge\nand build sufficient permanent or substantial barricades across the road\nor highway at the points where entrance was made upon the bridge, and\nthe cost and expense thereof shall be a county charge, to be paid by the\ncounty treasurer, upon the order of the county superintendent.\n If the board of supervisors or the county superintendent, for and in\nbehalf of the board is unable to obtain releases from all damages not\nexceeding the amounts prescribed in subdivision eleven of this section,\nfrom owners of the land adjacent to the section of the road or highway\nupon which such abandoned bridge is located, lying between such bridge\nand intersecting roads or highways, such owners of lands shall be\nentitled to recover from the county the damages resulting from the\nabandonment of such bridge. Any such owner claiming damages from such\nabandonment of such bridge may, within ninety days after the filing of\nthe order of abandonment authorized by this subdivision in such town\nclerk's office, apply to the supreme court at a special term thereof, to\nbe held in the judicial district in which the county is located, for the\nappointment of three commissioners of appraisal to determine and assess\nthe damages to which he is entitled to be paid by the county. Notice of\napplication must be served upon the chairman of the board of supervisors\nat least ten days before the hearing thereof.\n If, within said period of ninety days such owner does not so apply to\nthe supreme court for the appointment of commissioners of appraisal to\nassess said damages, then the board of supervisors may so apply to the\nsupreme court at a special term thereof, to be held in the judicial\ndistrict in which the county is located, for the appointment of three\ncommissioners of appraisal to determine and assess the damages to which\nsaid owner or owners are entitled to be paid by the county. Notice of\nsuch appointment must be served upon said owner or owners at least ten\ndays before the hearing thereof.\n The commissioners of appraisal shall be taxpayers of such county, but\nshall not reside in the town in which such abandoned bridge is or was\nsituated. All proceedings subsequent to the appointment of commissioners\nof appraisal shall be taken in accordance with the provisions of the\ncondemnation law, so far as applicable. The commissioners of appraisal,\nappointed as herein provided, for each day necessarily employed as such,\nshall be entitled to fifteen dollars and his necessary expenses, which\nshall be a county charge, to be audited by the board of supervisors and\npaid by the county treasurer after audit thereof.\n 13. Notwithstanding the provisions in this section or elsewhere in\nthis chapter, the board of supervisors of Genesee county, Wyoming county\nand/or Sullivan county, at any time, upon recommendation of the county\nsuperintendent, may take over any bridge having a span of five feet or\nover which is on a town highway or any town bridge over five feet long\nlocated within a village, although such bridge may not have been\ncondemned, for the purpose of maintaining and preserving the same under\nthe supervision of the county superintendent. Upon the adoption of such\nresolution, the procedure thereafter shall conform to the provisions of\nthis section relating to bridges on town highways and town bridges in\nvillages having a span of twenty-five feet or over and the bridges taken\nover as herein provided thereafter shall be under the direct supervision\nof the county superintendent of highways and the cost of maintenance\nthereof shall be paid from county funds appropriated for the maintenance\nof bridges.\n 14. Notwithstanding any other provision of law, a county may\ncontribute funds to a city, town or village towards its fifteen per\ncentum share of the cost of reconstructing a railroad bridge as required\nby subdivision three of section ninety-four of the railroad law whether\nor not the road, of which the bridge is a part, is under the\njurisdiction of a city, village, town or county and regardless of who\nperforms the work.\n 15. In the county of Washington, the provisions of this section\notherwise applicable to bridges having a span of twenty-five feet or\nmore shall apply to bridges having a span of twenty feet or more.\n 16. In the county of Delaware, the provisions of this section\notherwise applicable to bridges having a span of twenty-five feet or\nmore shall apply to bridges having a span of twenty feet or more and the\ndeck or wearing surface of such bridges shall be the responsibility of\nsuch county.\n 17. Notwithstanding any other provision of law, the board of\nsupervisors of Saratoga county, upon the recommendation of the county\nsuperintendent, may, at any time, by resolution, take over any bridge\nhaving a span of twenty-five feet or over which is on a village highway\nor any village bridge, over twenty-five feet long located within an\nincorporated village, although such bridge may not have been condemned,\nfor the purpose of maintaining and preserving the same under the\nsupervision of the county superintendent. Upon the adoption of such a\nresolution the clerk of the board of supervisors shall mail a certified\ncopy of the resolution to the county superintendent, the county\ntreasurer and the mayor of the village within which such bridge is\nlocated, which copy shall be filed by each of said officers in his\noffice.\n Such resolution shall also appropriate and make immediately available\nto the order of the county superintendent from county funds, such sum as\nmay be deemed necessary for the preservation or maintenance of such\nbridges, and it shall be the duty of the board of supervisors to\nappropriate and make available to the order of the county superintendent\nfrom time to time from county funds such sums as may become necessary\nfor the preservation and maintenance of such bridges. Any bridge taken\nover by the county pursuant to this section shall be under the direct\nsupervision of the county superintendent of highways and if a bridge is\na draw-bridge or of a nature that requires the services of an operator\nor attendant, such operator or attendant shall be employed by the county\nsuperintendent of highways and paid out of county funds appropriated for\nthe maintenance of bridges.\n