§ 131-J — Development of highways and other improvements in certain counties

New York § 131-J

• Jurisdiction: New York
• Law HAY: Highway
• Art. 6: County Roads

Text

§ 131-j. Development of highways and other improvements in certain\ncounties. 1. The board of supervisors of any county having a population\nof more than twelve thousand and adjoining a county having a population\nof four hundred thousand or more may appoint seven citizens and resident\ntaxpayers of said county, who when so appointed shall constitute a board\nof commissioners under the name and style of "..........................\ncounty planning and development commission," the name of the county to\nbe inserted in the blank space. Two of such commissioners first\nappointed shall hold office for a term to expire December thirty-first\nof the year in which they are appointed; three for a term to expire\nDecember thirty-first of the year next following the year of their\nappointment; two for a term to expire December thirty-first of the\nsecond year following the year of their appointment; and thereafter each\ncommissioner shall hold office for a term of three years, such terms to\nexpire December thirty-first of the third year. In case any of the\npersons so appointed shall not undertake the office of said commission,\nor in case of vacancy occasioned by the expiration of term of office or\notherwise, such vacancy shall be filled by a majority vote of the said\nboard of supervisors, and the persons so appointed shall hold office for\nthe term of three years from the date of the expiration of the term of\noffice of the commissioner in whose place he is appointed, except that\nwhen a person is appointed to a vacancy occurring before the term of\noffice in which the vacancy occurs shall have been completed such person\nso appointed shall hold his office for the remainder of the said term\nnot completed by his predecessor and until another shall be appointed in\nhis place. No member of said commission shall receive any compensation\nfor his services as commissioner, but each commissioner shall be\nentitled to receive his actual disbursements and expenses in performing\nthe duties of his office.\n Each commissioner shall before entering upon the duties of his office\ntake and subscribe the oath prescribed by the constitution of the state,\nwhich oath shall be filed in the office of the county clerk. The clerk\nof the board of supervisors of the county shall call a meeting of said\ncommissioners to be held at the court house within ten days after their\nappointment for the purpose of organization. Such commissioners shall\nthereupon proceed to organize and at such meeting, or at any subsequent\nmeeting, select a president, vice-president, secretary and treasurer,\nwho shall, except the secretary, be members of the commission. Such\ncommission may adopt a seal and a majority of such commissioners shall\nconstitute a quorum for the transaction of business. The commisison may\nemploy such counsel as may be necessary and may also employ experts and\nother assistants and incur such other expenses as may be found necessary\nwithin the amounts appropriated by the board of supervisors of said\ncounty, and the disbursements and expenses of the commission within the\namounts thus appropriated are hereby declared to be a county charge. The\ncommission shall keep a record of its proceedings which together with\nits approved maps, adopted plans, documents and acts shall be a public\nrecord and be open to public inspection at such times and under such\nreasonable regulations as the commission shall determine. The said\ncommission shall maintain a suitable office where its maps, plans,\npapers and records shall be kept. And for the purposes of this act such\ncommission is empowered to employ and at pleasure discharge such\nofficers and employees as it may deem necessary and may determine their\nduties and fix their compensation, to be paid as other county salaries\nare paid, provided, however, that the total of such salaries shall be\nwithin the amount appropriated by the board of supervisors for that\npurpose.\n 3. The commission shall from time to time and at least semi-annually\nmake a report to the board of supervisors of the work done by it.\n 4. The commission shall from time to time prepare and submit to the\nboard of supervisors of the county proposed plans and suggestions for\naction by such board of supervisors for the construction of highways\nwithin the county and such plans may show the proposed changes in width\nor route of such highways and the location of desirable new trunk line\nhighways. Such plans shall also show, so far as practicable, the\nsubdivision of the county into drainage areas and adequate water supply\nsystem and other matters which would tend to improve the sanitary\nconditions of the county.\n 5. The commission shall have the right on behalf of the county to take\nin fee or otherwise by gift or devise lands or rights and interest\ntherein, or to receive by gift, contribution or bequest money or\nproperty to be used for any of the improvements as may be approved by\nthe board of supervisors as herein provided, all of which gifts, devises\nor bequests shall be to and in the name of the county, which is hereby\nauthorized by and through the commission to accept the same for one or\nmore of the purposes as in this act provided, or to reject the same.\nAll such moneys so given or bequeathed shall, unless otherwise provided\nby the terms of such gift or bequest, be deposited with the county\ntreasurer and be subject to the order of the commission as may be\nprovided by resolution of the board of supervisors.\n 6. The commission on behalf of the county may and it hereby is\nauthorized to apply to the proper authorities of the state of New York\nfor a grant or grants of land under water, adjacent to any uplands now\nor hereafter owned by the county and the land board, or other state\nofficials authorized to make and execute grants of land under water for\nand on behalf of the state of New York shall and they hereby are\nauthorized and directed to release to the county any and all rights of\nthe state therein, such grants to be subject to such conditions and\nrestrictions as to it or them shall seem proper, but for a nominal\nconsideration.\n 7. The board of supervisors may by resolution passed at any regular,\nspecial or monthly meeting adopt, modify and ratify or reject any plans\nor suggestions that may be reported to it by said commission and if and\nwhen so adopted, modified and ratified said board of supervisors may at\nthe same time estimate the cost of the improvements, or at any one or\nmore subsequent time or times, and may make additional estimates of the\ncost of such improvements to be made as by such plans or suggestions set\nforth, and also the expenses of said commission as the board of\nsupervisors may by resolution from time to time authorize.\n 8. It shall be the duty of the board of supervisors to cause to be\nraised annually in each fiscal year by tax upon the taxable property of\nsaid county in the same manner as other taxes are levied and collected,\na sufficient sum to pay the principal of and interest on any bonds or\nnotes issued to carry out the provisions of this section. It shall also\nbe the duty of said board of supervisors in like manner to cause to be\nraised annually in each fiscal year a sum sufficient to pay all charges\nand expenses legally chargeable against the county for the care,\nmaintenance and operation of any public improvement created as specified\nin this section.\n