NY Hwy L § 234 (2021)
2021 New York Laws HAY - Highway Article 9 - Bridges 234 - Public Authority, Public Benefit Corporation, Commission, County, Town, City or Village Bridges.

§  234.  Public  authority,  public  benefit  corporation, commission, county, town, city or village bridges. 1.  a.  All  public  authorities, public  benefit  corporations,  commissions,  county  superintendents of highways, town superintendents of highways, and  legislative  bodies  of cities  and villages shall cause an inspection to be made of each bridge under their respective jurisdictions. Such inspection shall be made on a frequency and shall be  conducted  under  standards  prescribed  by  the commissioner  pursuant  to  rules  and regulations adopted in accordance with this article. Upon the request of the appropriate public authority, public benefit corporation, commission, county  highway  superintendent, town highway superintendent or appropriate city or village official, the department   may   make  such  inspection.  If  the  appropriate  public authority,    public    benefit    corporation,    commission,    county superintendent,  town  superintendent  or  appropriate  city  or village official does not  request  such  an  inspection  and  the  commissioner determines  after  suitable  investigation  that  the appropriate public authority,    public    benefit    corporation,    commission,    county superintendent, town superintendent, or city or village official has not complied  with  the  rules  and regulations of the department adopted in accordance with this article for the inspection of  bridges,  and  after due  notice,  the  commissioner  shall cause such inspection to be made. After such inspection the bridge shall have the same status with respect to maintenance and liability as it had prior to inspection.   b. The cost of  the  inspection  of  any  bridge  owned  by  a  public authority or a public benefit corporation shall be the responsibility of such  public  authority  or  public  benefit corporation. If such public authority  or  public  benefit  corporation  fails  to   reimburse   the department  for  such reasonable and necessary costs after due notice as provided by rules and regulations, the commissioner is hereby authorized and empowered to commence an action in a court of competent jurisdiction to collect any money owed by such public  authority  or  public  benefit corporation for such inspections.   c.  Once  the  department has conducted an inspection of any bridge it shall continue to make subsequent inspections of such bridge as  may  be required;  however,  if the appropriate public authority, public benefit corporation, commission, county superintendent, town  superintendent  or appropriate city or village official notifies the commissioner that such public  authority,  public  benefit  corporation,  commission,  or local jurisdiction desires henceforth to make such inspection and demonstrates to the commissioner that it has the means to do so  in  accordance  with the  provisions  of  this  article and the rules and regulations adopted pursuant thereto,  the  appropriate  public  authority,  public  benefit corporation,  commission, county superintendent, town superintendent, or city  or  village  official  shall  reassume  responsibility  for   such inspection.   2. a. If the result of an inspection indicates that a bridge is unsafe for  public  use  and travel with legal weights, or if posted, with such posted  weights,  the  appropriate  public  authority,  public   benefit corporation,  commission,  county superintendent, town superintendent or city or village official shall close it to all traffic and shall  notify the  department  of  that fact. The appropriate public authority, public benefit   corporation,   commission,   county    superintendent,    town superintendent  or  city or village official shall thereupon cause to be posted conspicuous notices on such bridge and  also  on  the  approaches thereto to the effect that the bridge is closed to all traffic and shall at  the  same  time  cause to be erected suitable barricades for closing such bridge, including the necessary lights which shall  be  visible  to any  one  approaching  such barricades from one hour after sunset to one  hour before sunrise. Neither the county  nor  the  town  nor  any  other public  entity  shall be responsible for any damages which may result to any person entering on or traveling over such bridge after  the  posting of such notices and the erection of such barricades.   b.  If  the  appropriate public authority, public benefit corporation, commission, county, town, city or village fails to close such a  bridge, the  department is hereby authorized and directed to close and barricade such bridge in accordance with the provisions of this article and  rules and  regulations  adopted  pursuant  thereto,  and  any  reasonable  and necessary costs incurred by the department shall be  the  responsibility of  and  paid  for  by  the appropriate public authority, public benefit corporation, commission, or  municipality.  If  such  public  authority, public   benefit   corporation,  commission  or  municipality  fails  to reimburse the department or division for such costs after due notice  as provided  by  rule  and  regulation,  the  commissioner is authorized to pursue all available remedies including but not limited to commencing an action in a court of competent jurisdiction to collect  any  such  money owed  by  a  public authority, public benefit corporation, commission or municipality.   3. a. If a bridge is found to require a load capacity  evaluation,  it shall  be the responsibility of the appropriate public authority, public benefit corporation, commission,  county  highway  superintendent,  town highway  superintendent  or  city  or  village official to determine the total safe load which may be permitted to pass over such bridge and such public entity or  the  appropriate  public  official  shall  notify  the department  of such determination. Such load capacity evaluation must be performed by a licensed professional engineer.  No  person  shall  drive animals or operate a vehicle or combination of vehicles on or across any such  bridge  the total weight of which, on said bridge at any one time, shall exceed the total safe load as sign posted. It shall  thereupon  be the   duty   of   the   appropriate  public  authority,  public  benefit corporation, commission, county  highway  superintendent,  town  highway superintendent  or  city or village official, with respect to structures under their respective jurisdictions, to post signs to inform persons of the safe load permitted on such bridge. The type and manner of placement of such signs shall conform to the  manual  and  specifications  of  the department.  Neither  the  state  nor  any  other public entity shall be responsible for any damages which may result to vehicles or animals of a greater weight upon such bridge than that indicated on the signs.   b. If the appropriate public authority,  public  benefit  corporation, commission,  county,  town,  city or village fails to determine the safe load capacity and, if appropriate, post the total safe load which may be permitted to pass over a bridge within sixty days of being notified that a load capacity evaluation is required, the commissioner may, close  the bridge  in  accordance with the provisions of this article and the rules and  regulations  adopted  pursuant  thereto  and  any  reasonable   and necessary  costs  incurred by the department shall be the responsibility of and paid for by the  appropriate  public  authority,  public  benefit corporation,  commission  or  municipality.  If  such  public authority, public  benefit  corporation,  commission  or  municipality   fails   to reimburse  the department or division for such costs after due notice as provided by rule and  regulation,  the  commissioner  is  authorized  to pursue all available remedies including but not limited to commencing an action  in  a  court of competent jurisdiction to collect any such money owed by a public authority, public benefit  corporation,  commission  or municipality.   4.  If a bridge having a span less than twenty-five feet is condemned, the county superintendent shall  without  delay  cause  to  be  prepared  plans,  specifications  and  estimates  for  the  repair,  alteration or reconstruction  of  such  bridge  and  approaches  thereto  or  for  the construction of a bridge and approaches thereto on new location.   The  cost  of  preparing  such plans, specifications and estimates, if any, may be paid by the treasurer of the county  on  the  order  of  the county  superintendent,  together  with  an  itemized  statement of such costs, from any money of the county appropriated for the construction of bridges. On or before the thirty-first day of October in each  year  the county  treasurer  shall  report  the amount of such expenditures to the town superintendent of highways of the town in which  such  bridges  are located  and  the  amount  thereof  shall be included in the estimate of expenditures for highways and bridges required to  be  prepared  by  the town  superintendent  of  highways  and  shall thereafter be paid by the supervisor upon  a  voucher  approved  by  the  town  superintendent  of highways  after  audit  in  the same manner as other charges against the town to the county treasurer from taxes levied and  collected  for  that purpose.   5.  If  a  bridge  having  a  span less than twenty-five feet has been inspected  by  the  county  superintendent  and  posted  by   the   town superintendent   as   safe   for   restricted   use,  it  shall  be  the responsibility of the  town  to  maintain  the  structure  in  a  proper condition  of repair for safe usage by the public in accordance with the posted limits of loads and speed.   6. Any bridge having a span of twenty-five feet  or  more,  which  has been  inspected  by  the county superintendent of highways, may be taken over by the county under official order of the county superintendent  of highways.  Otherwise  its status shall remain the same as bridges having less  than  twenty-five  feet  span.  If  a  bridge  having  a  span  of twenty-five  feet  or  more  has  been  taken  over  by the county under official  order,  it  shall  be  repaired,  altered,  reconstructed   or constructed   on   new  location  under  the  direction  of  the  county superintendent of highways. Upon the issuing of such official order  the county  superintendent  shall  without delay cause to be prepared plans, specifications   and   estimates   for   the   repair,   alteration   or reconstruction of such bridge or for the construction of a bridge on new location  and it shall be the duty of the board of supervisors forthwith to undertake such repair,  alteration,  reconstruction  or  construction work.  The  county  in  which  such bridge having been taken over by the county superintendent of highways is located shall pay the cost of  such repair,  alteration,  construction  or  reconstruction  and the board of supervisors of such county is hereby authorized  to  provide  funds  for such  purposes  in  accordance  with  the  provisions of the highway law relating to the raising of moneys for the  construction,  reconstruction or repair of county roads and town highways.   Payment  of  such construction, reconstruction or maintenance shall be made as follows:   Where the construction,  reconstruction  or  maintenance  is  done  by contract, from time to time as the work proceeds, and in accordance with rules  to  be  established  by  the  commissioner of transportation, the county superintendent of highways shall prepare a  voucher  showing  the value of the work completed and a verified certificate showing that such work  was  done  in  accordance  with the plans and specifications. Such voucher and certificate shall be filed with the county treasurer. In the event that the work was done by county forces, a similar voucher for the work done, including material furnished, and a similar certificate shall be filed with the  county  treasurer.  The  county  treasurer,  on  such voucher  shall,  in  cases where the work has been done by contract, pay out of the money provided an amount not exceeding ninety per centum,  or  in  a  case  where the bond is dispensed with, eighty per centum, of the contract price of such completed work; and where the work has been  done by  county forces shall pay the full amount of such voucher. The balance of  the  contract  price  shall be paid after the completion of the work when the same has been  accepted  by  the  county  superintendent  by  a certificate and voucher filed in the office of the county treasurer.   The  county superintendent may, pending the preparation of said plans, specifications and estimates and pending the performance of the duty  of the  board  of  supervisors  as  above  prescribed,  and  subject to the monetary limitations as  hereinafter  set  forth,  make  such  emergency repairs  to  such  bridges  or build temporary structures thereat, as he deems necessary without the approval and the adoption of a resolution by the board of supervisors previous to the performance of such  work;  and the  board  of supervisors may cause such a sum of money to be raised as it deems necessary for the purpose of the  construction,  reconstruction or  repairs,  and for such other purposes for bridges as are required by law, under the direction and supervision of the  county  superintendent. It  shall  be  the  duty  of  the  county  treasurer to pay for any such emergency work from said money upon the submission to him of an itemized statement of all such expenditures connected therewith upon the order of the county superintendent.   In case of an emergency if the appropriation for  bridge  purposes  is exhausted  or  insufficient  the  county  treasurer  may  pay  from  any unobligated balance in the county road fund and the board of supervisors shall, at its first subsequent meeting, appropriate a sufficient  amount to  reimburse  the  county  road  fund for money so expended. The county treasurer shall report the receipts and expenditures  pursuant  to  this section  at  the same time and in the same manner that he is required to do by the provisions of article six of the  highway  law.  Such  account shall  be  subject  to  audit  by  the  board  of supervisors and may be examined by the state comptroller at any time.   7. If a bridge having a span of twenty-five  feet  or  more  has  been taken   over  by  the  county  on  the  official  order  of  the  county superintendent of highways and posted by the town superintendent as safe for restricted use, it shall be the  responsibility  of  the  county  to maintain the structure in a proper condition of repair for safe usage by the public in accordance with the posted limits of loads and speeds.   8.  Any bridge having a span of less than twenty-five feet as provided in this section shall be maintained at the expense of the town in  which such  bridge is located. Any bridge having a span of twenty-five feet or more built in accordance with the provisions of this section and located upon a county road shall be maintained  by  the  county  in  which  such bridge  is  located.  All  other  bridges built by the county under this section shall be maintained by the county excepting that  the  floor  or wearing  surface  of  such  bridges  shall be maintained by the towns in which they are located.   9. If a bridge having a span less than twenty-five feet is located  in more than one town, the procedure in this section shall apply equally to such towns and town superintendents affected.   If  a  bridge  having a span of twenty-five feet or more is located in more than one county, the procedure in this section shall apply  equally to such counties and county superintendents.   Such  portions  of the highway law relating to bridges located in more than one town or more than one county shall apply in so far as the  same is not inconsistent with other provisions of this section.   For  the  purposes  of  this  section,  a  bridge  having  a  span  of twenty-five feet or more shall be considered  a  structure  wherein  the  horizontal  distance  from  face to face of abutments at the bridge seat elevation is not less than twenty-five feet.   10. Upon the recommendation of the county superintendent, the board of supervisors may, at any time, by resolution, take over any bridge having a  span  of  twenty-five  feet or over which is on a town highway or any town bridge over twenty-five feet long located  within  an  incorporated village,  although  such  bridge  may  not  have been condemned, for the purpose of maintaining and preserving the same under the supervision  of the  county  superintendent.  Upon the adoption of such a resolution the clerk of the board of supervisors shall mail a  certified  copy  of  the resolution  to  the  county superintendent, the county treasurer and the supervisor of the town within which such bridge is located,  which  copy shall  be  filed by each of said officers in his office. Such resolution shall also appropriate and make immediately available to  the  order  of the  county  superintendent from county funds, such sum as may be deemed necessary for the preservation or maintenance of such  bridges,  and  it shall  be  the  duty of the board of supervisors to appropriate and make available to the order of the county superintendent from  time  to  time from county funds such sums as may become necessary for the preservation and  maintenance  of  such  bridges. Any bridge taken over by the county pursuant to this section shall be under the direct  supervision  of  the county superintendent of highways and if a bridge is a draw-bridge or of a  nature  that  requires the services of an operator or attendant, such operator or attendant shall be employed by the county superintendent  of highways  and  paid out of county funds appropriated for the maintenance of bridges.   11. (a) Upon the recommendation of the county superintendent that  any bridge  having  a span of twenty-five feet or over, which is on a county road or a town highway, has become useless and  not  necessary  for  the public convenience and welfare, the board of supervisors, to promote the interests  of the county, upon a resolution adopted by a majority of the members of such board, may authorize,  empower  and  direct  the  county superintendent  acting for and in behalf of such board, to make an order abandoning any such bridge, provided, however,  that  such  order  shall become  effective  if  and when he shall have obtained a written release from all damages from the owners of the land adjacent to the section  of the   highway   upon  which  such  bridge  is  located  between  lateral intersecting highways affected thereby. Such  release  shall  contain  a provision  that  it  shall forever be binding upon and in full force and effect against the owner, his lessees,  grantees,  assigns,  successors, heirs  and devisees and such release shall, when recorded and indexed as hereinafter prescribed, be  so  binding.  Said  release  shall  be  duly acknowledged  in  the  manner  to  entitle a conveyance transferring any estate in real property to be recorded and  it  shall  be  recorded  and indexed  in  the county clerk's office in which the lands described in a release are located as a conveyance under the real property law.  (b) The county superintendent, with the approval of  the  chairman  of the board of supervisors and the county judge, may agree with such owner or  owners upon the amount of consideration for such releases in a gross sum not to  exceed  five  thousand  dollars.  An  order  of  the  county superintendent as herein provided shall be final. The amount agreed upon to  be paid to such owners for such releases and the cost of the removal of such useless bridge and/or the cost for the erection of  obstructions or  barricades  shall  be  a  county charge and may by resolution of the board of supervisors be paid from any funds of the county  that  may  be legally  used  for  such  purpose or may be raised, in whole or in part, pursuant to the local finance law. Whenever the money  to  be  paid  for such  releases  is  available the county treasurer shall pay to the said  owners executing said releases the amounts agreed upon  to  be  paid  to them   for   said   releases   upon   the   requisition  of  the  county superintendent.  (c)  It shall be the duty of the county superintendent upon the making of an order of abandonment to file the same in the office of  the  clerk of  the board of supervisors and to file copies thereof certified by the clerk of the board of supervisors in the town clerk's office of the town or towns in which such useless bridge or part thereof is  situated,  and he  shall send two such certified copies of said order to the department of transportation. Upon the filing of said order it shall be the duty of the county superintendent to erect  at  and  across  each  end  of  such useless  bridge a suitable substantial barricade or obstruction to close such bridge and for the prevention of further use  thereof  and  passage thereon or thereto and there shall be installed suitable signs, the type and  manner  of  placement  of which shall conform to the New York State manual of uniform traffic control devices. If such bridge is taken down, the county superintendent shall place like obstructions or barricades at the ends of the portions of the highway at the places where the  highway joined  such bridge. The county superintendent shall also erect suitable signs at lateral intersecting highways which in his judgment afford most convenient detours to another bridge  or  bridges  to  be  used  by  the traveling  public  instead  of  such  abandoned bridge. The cost of such signs, their erection and maintenance shall be paid for  in  the  manner provided   for  the  payment  of  the  barricades  and  obstructions  as aforesaid.   12. Upon the written recommendation of the county superintendent  that any  bridge  having  a  span  of twenty-five feet or over, which is on a county road or town highway, has become useless and  not  necessary  for the  public  convenience  and  welfare, the board of supervisors, upon a finding by resolution of the town board as to any such bridge on a  town highway, or upon a finding by resolution of such board of supervisors as to  any  such  bridge  on a county road, to promote the interests of the county, may, upon a resolution adopted by a majority of the  members  of such  board,  order and direct the county superintendent to abandon such bridge on a county road or town highway and to erect suitable barricades for closing such bridge and also signs in relation to  such  abandonment as  are  prescribed  for the abandonment of a useless bridge in the last above preceding subdivision of this section.   The clerk  of  the  board  of  supervisors  shall  forthwith  serve  a certified  copy  of  such  resolution  on  the county superintendent and thereupon the county superintendent shall make, in duplicate, a  written order  of  abandonment of such bridge and file one of them in his office and one of them in the office of the clerk of the board of  supervisors, who  shall  forthwith  make and certify copies of such resolution and of such order and file the same in the town clerk's office of the  town  or towns  in  which  said  useless  bridge  is  situated and shall mail two certified copies of such resolution and  of  such  order  to  the  state department  of transportation. Upon the county superintendent making and filing such order of abandonment, he  shall  forthwith  permanently  and substantially barricade such bridge to public highway uses and purposes, or  remove  the  bridge  and  build sufficient permanent and substantial barricades across the road or highway at the points where  entrance  was made upon the bridge, and the cost and expense thereof shall be a county charge,  to be paid by the county treasurer upon the order of the county superintendent.   If the board of supervisors or the county superintendent, for  and  in behalf  of the board, is unable to obtain releases from all damages, not exceeding the amounts prescribed in the last  preceding  subdivision  of  this  section,  from  owners  of the land adjacent to the section of the road or highway upon which  such  abandoned  bridge  is  located,  lying between  such  bridge and intersecting roads or highways, such owners of lands shall be entitled to recover from the county the damages resulting from  the  abandonment  of  such bridge. Any such owner claiming damages from such abandonment of such bridge may, within ninety days after  such bridge has been barricaded against or removed from the public use, apply to  the  supreme  court  at  a  special  term  thereof to be held in the judicial district in which the county is located for the appointment  of three  commissioners of appraisal to determine and assess the damages to which he is entitled to be paid by the  county.  Notice  of  application must  be  served  upon the chairman of the board of supervisors at least ten days before the hearing  thereof.  The  commissioners  of  appraisal shall  be  taxpayers  of such county but shall not reside in the town in which  such  abandoned  bridge  is  or  was  situated.  All  proceedings subsequent  to  the  appointment  of commissioners of appraisal shall be taken in accordance with the provisions of the condemnation law  so  far as  applicable.  The  commissioners  of  appraisal,  appointed as herein provided, for each day  necessarily  employed  as  such  shall  each  be entitled to fifteen dollars and his necessary expenses, which shall be a county  charge  to be audited by the board of supervisors or a committee thereof and paid by the county treasurer upon the order of the board  by its chairman.   If  such bridge is over the county boundary line between two counties, the aforesaid abandonment proceedings, steps and measures may  be  taken in,  for  and  by  the  respective  counties for the abandonment of such useless bridge, and the cost and expense thereof shall be at  the  joint cost  and expense of such counties, excepting, however, that each county shall severally pay the cost of obtaining releases for  damages  or  the damages  determined  and  assessed  by the commissioners of appraisal in connection with the lands in each county affected as herein specified.   12-a. Upon the recommendation of the county  superintendent  that  any bridge  having  a  span  of  twenty-five feet or over which is on a town highway outside of a city, and which is not on the improved state system of highways, or any such bridge which is under the  supervision  of  the town superintendent of highways, located within an incorporated village, and  which  has  been condemned by the county superintendent of highways under the provisions of subdivisions one and two of  this  section,  and which  has not been taken over by the county under the official order of the county superintendent of highways pursuant  to  subdivision  six  of this  section,  has  become  useless  and  not  necessary for the public convenience and welfare,  the  board  of  supervisors,  to  promote  the interest  of  the county may, upon a resolution adopted by a majority of the members of such board, order and direct the county superintendent to abandon such bridge on a town highway or any such bridge which is  under the supervision of the town superintendent of highways located within an incorporated  village, and to erect suitable barricades for closing such bridge,  and  also  signs  in  relation  to  such  abandonment,  as  are prescribed for the abandonment of a useless bridge in subdivision eleven above.   The  clerk  of  the  board  of  supervisors  shall  forthwith  serve a certified copy of such  resolution  on  the  county  superintendent  and thereupon  the county superintendent shall make, in duplicate, a written order of abandonment of such bridge pursuant to the provisions  of  this subdivision  and  file  one of them in his office and one of them in the office of the clerk of the board of  supervisors,  who  shall  forthwith make  and  certify  copies of such resolution and of such order and file the same in the town clerk's office of the town or towns in  which  said  useless  bridge  is situated and shall mail two certified copies of such resolution and of such order to the state department of  transportation. Upon   the  county  superintendent  making  and  filing  such  order  of abandonment,  he shall forthwith permanently and substantially barricade such bridge to public highway uses and purposes, or  remove  the  bridge and build sufficient permanent or substantial barricades across the road or  highway  at  the points where entrance was made upon the bridge, and the cost and expense thereof shall be a county charge, to be paid by the county treasurer, upon the order of the county superintendent.   If the board of supervisors or the county superintendent, for  and  in behalf  of  the  board is unable to obtain releases from all damages not exceeding the amounts prescribed in subdivision eleven of this  section, from  owners  of the land adjacent to the section of the road or highway upon which such abandoned bridge is located, lying between  such  bridge and  intersecting  roads  or  highways,  such  owners  of lands shall be entitled to recover from the  county  the  damages  resulting  from  the abandonment  of  such  bridge. Any such owner claiming damages from such abandonment of such bridge may, within ninety days after the  filing  of the  order  of  abandonment  authorized by this subdivision in such town clerk's office, apply to the supreme court at a special term thereof, to be held in the judicial district in which the county is located, for the appointment of three commissioners of appraisal to determine and  assess the  damages to which he is entitled to be paid by the county. Notice of application must be served upon the chairman of the board of supervisors at least ten days before the hearing thereof.   If, within said period of ninety days such owner does not so apply  to the  supreme  court for the appointment of commissioners of appraisal to assess said damages, then the board of supervisors may so apply  to  the supreme  court  at  a  special  term thereof, to be held in the judicial district in which the county is located, for the  appointment  of  three commissioners  of appraisal to determine and assess the damages to which said owner or owners are entitled to be paid by the  county.  Notice  of such  appointment  must be served upon said owner or owners at least ten days before the hearing thereof.   The commissioners of appraisal shall be taxpayers of such county,  but shall  not  reside  in the town in which such abandoned bridge is or was situated. All proceedings subsequent to the appointment of commissioners of appraisal shall be taken in accordance with  the  provisions  of  the condemnation  law, so far as applicable. The commissioners of appraisal, appointed as herein provided, for each day necessarily employed as such, shall be entitled to fifteen dollars and his necessary  expenses,  which shall  be a county charge, to be audited by the board of supervisors and paid by the county treasurer after audit thereof.   13. Notwithstanding the provisions in this  section  or  elsewhere  in this chapter, the board of supervisors of Genesee county, Wyoming county and/or  Sullivan  county, at any time, upon recommendation of the county superintendent, may take over any bridge having a span of five  feet  or over  which  is on a town highway or any town bridge over five feet long located within a  village,  although  such  bridge  may  not  have  been condemned,  for the purpose of maintaining and preserving the same under the supervision of the county superintendent. Upon the adoption of  such resolution,  the procedure thereafter shall conform to the provisions of this section relating to bridges on town highways and  town  bridges  in villages having a span of twenty-five feet or over and the bridges taken over as herein provided thereafter shall be under the direct supervision of  the  county  superintendent  of highways and the cost of maintenance thereof shall be paid from county funds appropriated for the maintenance of bridges.    14.  Notwithstanding  any  other  provision  of  law,  a  county   may contribute  funds  to  a  city,  town or village towards its fifteen per centum share of the cost of reconstructing a railroad bridge as required by subdivision three of section ninety-four of the railroad law  whether or  not  the  road,  of  which  the  bridge  is  a  part,  is  under the jurisdiction of a city, village, town or county and  regardless  of  who performs the work.   15.  In  the  county  of  Washington,  the  provisions of this section otherwise applicable to bridges having a span  of  twenty-five  feet  or more shall apply to bridges having a span of twenty feet or more.   16.  In  the  county  of  Delaware,  the  provisions  of  this section otherwise applicable to bridges having a span  of  twenty-five  feet  or more shall apply to bridges having a span of twenty feet or more and the deck  or  wearing surface of such bridges shall be the responsibility of such county.   17.  Notwithstanding  any  other  provision  of  law,  the  board   of supervisors  of  Saratoga  county, upon the recommendation of the county superintendent, may, at any time, by resolution, take  over  any  bridge having  a span of twenty-five feet or over which is on a village highway or any village bridge, over twenty-five  feet  long  located  within  an incorporated  village, although such bridge may not have been condemned, for the purpose  of  maintaining  and  preserving  the  same  under  the supervision  of  the  county superintendent. Upon the adoption of such a resolution the clerk of the board of supervisors shall mail a  certified copy  of  the  resolution  to  the  county  superintendent,  the  county treasurer and the mayor of the  village  within  which  such  bridge  is located,  which  copy  shall  be  filed  by each of said officers in his office.   Such resolution shall also appropriate and make immediately  available to the order of the county superintendent from county funds, such sum as may  be  deemed  necessary  for  the preservation or maintenance of such bridges, and it shall be  the  duty  of  the  board  of  supervisors  to appropriate and make available to the order of the county superintendent from  time  to  time from county funds such sums as may become necessary for the preservation and maintenance of such bridges. Any  bridge  taken over  by  the  county pursuant to this section shall be under the direct supervision of the county superintendent of highways and if a bridge  is a  draw-bridge  or of a nature that requires the services of an operator or attendant, such operator or attendant shall be employed by the county superintendent of highways and paid out of county funds appropriated for the maintenance of bridges.