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  4. Article 6: County Roads


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

Highway (HAY)

Development of highways and other improvements in certain counties. 1. The board of supervisors of any county having a population of more than twelve thousand and adjoining a county having a population of four hundred thousand or more may appoint seven citizens and resident taxpayers of said county, who when so appointed shall constitute a board of commissioners under the name and style of ".......................... county planning and development commission," the name of the county to be inserted in the blank space. Two of such commissioners first appointed shall hold office for a term to expire December thirty-first of the year in which they are appointed; three for a term to expire December thirty-first of the year next following the year of their appointment; two for a term to expire December thirty-first of the second year following the year of their appointment; and thereafter each commissioner shall hold office for a term of three years, such terms to expire December thirty-first of the third year. In case any of the persons so appointed shall not undertake the office of said commission, or in case of vacancy occasioned by the expiration of term of office or otherwise, such vacancy shall be filled by a majority vote of the said board of supervisors, and the persons so appointed shall hold office for the term of three years from the date of the expiration of the term of office of the commissioner in whose place he is appointed, except that when a person is appointed to a vacancy occurring before the term of office in which the vacancy occurs shall have been completed such person so appointed shall hold his office for the remainder of the said term not completed by his predecessor and until another shall be appointed in his place. No member of said commission shall receive any compensation for his services as commissioner, but each commissioner shall be entitled to receive his actual disbursements and expenses in performing the duties of his office.

  Each commissioner shall before entering upon the duties of his office take and subscribe the oath prescribed by the constitution of the state, which oath shall be filed in the office of the county clerk. The clerk of the board of supervisors of the county shall call a meeting of said commissioners to be held at the court house within ten days after their appointment for the purpose of organization. Such commissioners shall thereupon proceed to organize and at such meeting, or at any subsequent meeting, select a president, vice-president, secretary and treasurer, who shall, except the secretary, be members of the commission. Such commission may adopt a seal and a majority of such commissioners shall constitute a quorum for the transaction of business. The commisison may employ such counsel as may be necessary and may also employ experts and other assistants and incur such other expenses as may be found necessary within the amounts appropriated by the board of supervisors of said county, and the disbursements and expenses of the commission within the amounts thus appropriated are hereby declared to be a county charge. The commission shall keep a record of its proceedings which together with its approved maps, adopted plans, documents and acts shall be a public record and be open to public inspection at such times and under such reasonable regulations as the commission shall determine. The said commission shall maintain a suitable office where its maps, plans, papers and records shall be kept. And for the purposes of this act such commission is empowered to employ and at pleasure discharge such officers and employees as it may deem necessary and may determine their duties and fix their compensation, to be paid as other county salaries are paid, provided, however, that the total of such salaries shall be within the amount appropriated by the board of supervisors for that purpose.

  3. The commission shall from time to time and at least semi-annually make a report to the board of supervisors of the work done by it.

  4. The commission shall from time to time prepare and submit to the board of supervisors of the county proposed plans and suggestions for action by such board of supervisors for the construction of highways within the county and such plans may show the proposed changes in width or route of such highways and the location of desirable new trunk line highways. Such plans shall also show, so far as practicable, the subdivision of the county into drainage areas and adequate water supply system and other matters which would tend to improve the sanitary conditions of the county.

  5. The commission shall have the right on behalf of the county to take in fee or otherwise by gift or devise lands or rights and interest therein, or to receive by gift, contribution or bequest money or property to be used for any of the improvements as may be approved by the board of supervisors as herein provided, all of which gifts, devises or bequests shall be to and in the name of the county, which is hereby authorized by and through the commission to accept the same for one or more of the purposes as in this act provided, or to reject the same. All such moneys so given or bequeathed shall, unless otherwise provided by the terms of such gift or bequest, be deposited with the county treasurer and be subject to the order of the commission as may be provided by resolution of the board of supervisors.

  6. The commission on behalf of the county may and it hereby is authorized to apply to the proper authorities of the state of New York for a grant or grants of land under water, adjacent to any uplands now or hereafter owned by the county and the land board, or other state officials authorized to make and execute grants of land under water for and on behalf of the state of New York shall and they hereby are authorized and directed to release to the county any and all rights of the state therein, such grants to be subject to such conditions and restrictions as to it or them shall seem proper, but for a nominal consideration.

  7. The board of supervisors may by resolution passed at any regular, special or monthly meeting adopt, modify and ratify or reject any plans or suggestions that may be reported to it by said commission and if and when so adopted, modified and ratified said board of supervisors may at the same time estimate the cost of the improvements, or at any one or more subsequent time or times, and may make additional estimates of the cost of such improvements to be made as by such plans or suggestions set forth, and also the expenses of said commission as the board of supervisors may by resolution from time to time authorize.

  8. It shall be the duty of the board of supervisors to cause to be raised annually in each fiscal year by tax upon the taxable property of said county in the same manner as other taxes are levied and collected, a sufficient sum to pay the principal of and interest on any bonds or notes issued to carry out the provisions of this section. It shall also be the duty of said board of supervisors in like manner to cause to be raised annually in each fiscal year a sum sufficient to pay all charges and expenses legally chargeable against the county for the care, maintenance and operation of any public improvement created as specified in this section.