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teen hundred and twenty-seven; and one for a term to expire January first, nineteen hundred and twenty-eight. In case any of the persons so appointed shall not undertake the office of said commissioner, or in case of a. vacancy occasioned by the expiration of term of office or otherwise, such vacancy shall be filled by a majority vote of said board of trustees, 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 whose office he is appointed in place thereof, 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 No comcompensation for his services as commissioner, but each commis pepeations ; sioner shall be entitled to receive his actual disbursements and expenses in performing the duties of his office.
§ 2. Each commissioner shall before entering upon the duties Commisof his office take and subscribe the oath prescribed by the con- oath, stitution of the state, which oath shall be filed in the office of the organizavillage clerk of the village of Port Chester. The said village clerk shall call a meeting of said park commissioners to be held at his office in said village within ten days after their appointment for the purpose of organization. Such park commissioners shall thereupon proceed to organize and at such meeting, or at any subsequent meeting, select a chairman who shall be a member of the Chairman. commission. The said village clerk shall act as clerk to said park Clerk. commission. Such commission may adopt a seal. A majority of Quorum. said commissioners shall constitute a quorum for the transaction of business. The corporation counsel and village engineer of said officers village shall act as counsel and engineer, respectively, to such sistants. commission. The commission may employ experts and other assistants and incur such expenses as may be found necessary within the amounts appropriated by said board of trustees. The com- Record of mission shall keep a record of its proceedings which together with ings. 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 said trustees shall determine. The said commission shall maintain an office in the office of the Ofice. village clerk or elsewhere, as said board of trustees may direct, where its maps, plans, papers and records shall be kept and for the purpose of this act. Such commission is empowered to em- Other ofnploy and at pleasure discharge such officers and employees as it cers, and may deem necessary, and may determine their duties and fix their compensation, all subject to the approval of said board of trustees, to be paid as other village charges are paid, provided, however, that the total of such salaries shall be within the amount appropriated by said board of trustees for that purpose.
It shall be a misdemeanor for any member of said park com- Mismission or any assistant or employee appointed by said park for como commission, or for any officers of said village, to be in any way
employees or employee to be
ing material or labor. Commission to have management
May recommend new sites.
Right of entry for surveys.
to acquire real estate.
interested, directly or indirectly, in furnishing any of the ma
terials, supplies or labor for the erection or construction of any interested building or improvement contemplated by the provisions of this
act, or in any contract which said park commission is empowered by this act to make.
$ 3. Such commission is hereby authorized to control and manage, subject to the directions and approval of said board
of trustees, any and all parks which are now owned or have been in village. acquired or may hereafter be acquired, whether in fee or in trust,
by said village, and may consider, investigate and recommend for selection and location such additional real estate in the village of Port Chester as may in its opinion be proper and desirable to be reserved, set apart or acquired for one or more parks or parkways, including the approaches thereto, streets connecting therewith and the re-location of existing streets. Such commission may for the purposes of this act by its members, officers, agents or employees, enter upon any real estate or interest therein for the purpose of making such surveys, examinations and investigations
as it may deem necessary in the performance of its duties. Said Optional commission may, if possible, make option agreements at a reasonagreements able consideration for the acquiring by purchase of the real estate
recommended or to be recommended for park purposes, but such option agreements shall not be exercised unless or until said board
of trustees has approved the taking of such real estate and made Reports,
an appropriation therefor. Such commission shall, from time to time, report such considerations and investigations in detail with any optional agreements it may have made, including the estimated cost of such proposed parks or parkways, to said board of trustees, together with any preliminary map or description showing the real
estate to be selected and located for park purposes, together with Action by any other data relating thereto. Thereafter said board of trustees trustees to at any regular or special meeting may by resolution authorize property. the acquiring of any part or all of such property for one or more
of the purposes of this act. Said board of trustees shall thereupon estimate the cost of the same and make immediately available the necessary appropriation therefor, and from time to time authorize the issuance of certificates of indebtedness for the same to be payable out of the proceeds of bonds to be issued as hereinafter provided. In case it is found that the actual cost will exceed such estimated cost, said board of trustees may make such additional estimates of cost as it deems necessary and proper and shall appropriate and make immediately available any such additional estimates of cost in the same manner as the original estimate of cost. The term "park" or "parks" as used in this act, unless specifically limited, shall be deemed to include all public parks, parkways, beaches, open spaces and boulevards; and also entrances and approaches thereto and streets, roads, docks and bridges between, to, in, through or connecting such park or parks, or parts thereof, and such other rights and appurtenances as shall be utilized for the purposes of this act, whether the same be now or hereafter owned or acquired in fee or otherwise by the village of Port Chester.
lands to be acquired
§ 4. The park commission, after the approval by said board of trustees, and before acquiring by condemnation any of
, the real estate, rights or interests therein for the purposes set forth in this act, shall cause to be prepared and shall approve a map or maps of such lands so to be acquired or taken, as Map of approved by said board of trustees, with a certificate showing such approval endorsed thereon and signed by the chairman and by condem
clerk of the commission or by a majority of the commissioners, E and shall then cause such map or maps to be filed in the office
of said village clerk and a duplicate copy thereof in the office of E the county clerk of the county of Westchester. Any map or maps
so approved and filed may be amended by a subsequent map or
maps approved and filed as was the original and thereafter all 2 proceedings shall be had in reference to the last amended map.
Said map or maps or amended map or maps shall show the real estate to be taken or acquired, and shall also distinguish between
the parcel or parcels the fee of which is to be acquired, and the I parcel or parcels wherein a lesser estate or an easement in peré petuity or for temporary use are to be acquired. The certificate
of approval of the said map or maps by the said park commission shall be a sufficient determination of the estate to be acquired therein. The acquiring, improving and embellishment of parks Acquiring
of parks, under the jurisdiction of the park commission and said board of etc.. trustees, or lands acquired as in this act provided, together with declared the maintenance thereof and all incidental proceedings in connec- purpose. tion therewith for the purpose of carrying out the provisions of this act, are hereby declared to be for a village purpose. § 5. The park commission, subject to
subject to the approval of Agreesaid board of trustees, may agree with the owner or persons in owner for terested in any real estate or easement, laid down or shown on of real es said map or maps so approved, either for the acquiring of the tate or fee thereof, a lesser estate or an easement therein, as specified on said map or maps, as to the compensation to be paid to such owner or owners or persons interested, for the taking or using and occupying such real estate or interest therein, and the compensation so agreed upon shall be paid out of the moneys made available as in this act provided. The title to said lands shall be taken in the name of the village of Port Chester. “real estate” as used in this act shall be construed to signify and embrace all uplands, lands under water, the water of any lake, pond or stream of water or mill rights or privileges, and any and all easements and incorporeal hereditaments and every Estate, interest and right, legal and equitable, in lands or water, including terms for years and liens thereon by way of judgment, mortgage or otherwise, and also all claims for damage for such property. It shall also be construed to include all real property or interest therein heretofore or hereafter acquired or used for railroad, railway, highway or other public or municipal purposes, provider In case of
public that persons or corporations owning such property or claiming utility. interest therein, which is used as a public utility, shall be allowed the perpetual use for such purpose, or of such other real estate to be acquired for the purposes of this act as will afford practical
The term Real
become seized of real estate on filing
route or location for such railroad, highway or other public utility purpose and commensurate with and adapted to its needs, and provided, also, that such persons or corporations shall not directly or indirectly be subject to expense, loss or damage by reason of change in such route or location, but such expense, loss or damage shall be borne in like manner as the expenses incurred
in carrying out the provisions of this act. Acquisition
§ 6. If the said park commission and board of trustees demnation shall be unable to agree with the owrer or owners of, or other
persons having an interest in real estate shown on said map or maps, so filed as aforesaid, or when by reason of legal incapacity, absence or inability to meet with or consider the question of the compensation to be paid to such owner or owners or other persons, and no agreement can be made for the purchase of said real estate so deemed necessary for the purposes of this act, the same shall be acquired by condemnation proceedings instituted by said park commission, subject to the approval of said board of trustees, in the name of the village of Port Chester, in the manner pro
vided by law for the condemnation of real property for public Village to purposes, except as in this act otherwise provided. In case com
missioners to ascertain the compensation to be made to the owners of property to be taken in proceedings for the condemnation of
real estate shall be appointed, the village of Port Chester shall oaths of on the filing of oaths of said commissioners in the office of the
county clerk of the county of Westchester be and become seized of all those parcels of real estate described in the petition and
which are on the map or maps shown as parcels that the fee or entry.
an easement therein is to be acquired in the proceeding in which said commissioners were appointed and the said park commission on behalf of the said village may immediately or at any time or times thereafter take possession of the same, or of any part or parts thereof, and the said village of Port Chester or any person acting under its authority may enter upon and occupy in perpetuity all the parcels of real estate described in such petition and shown on said map or maps wherein the fee is sought to be acquired and may enter upon, through or under such parcels so shown on said map or maps in which a lesser estate or an easement is to be acquired for the purposes as in this act provided. The order confirming the report of such commissioners shall pro
vide for interest on the awards from the date of the filing of the allowances. oaths of the commissioners and shall state the amount of costs Approval and allowances, if any, to be paid. A copy of such report shall
be filed with the park commission which shall within four months of claims. thereafter, or if appealed from, then within four months after
the filing with the said commission of a copy of any final order or judgment entered on such appeal, authorize the approval of claims therefor, which claims shall be filed with the village treasurer for payment after audit by said board of trustees out of moneys made available as in this act provided. Said board of trustees at the time of authorizing the approval of such claims shall fix a date for payment, provide for interest on such claivas to such date and give written notice to the party or parties to
Provision for awards and
whom the award is payable, or to their attorney or attorneys, that the award with interest will be paid at a place certain on a given date and thereafter no interest shall be due or payable on account of such award. A complete statement
the proceeding, parcel number, date of the order, and such other information as may be necessary, shall be set forth on each of such claims filed as aforesaid. All such drafts drawn as aforesaid shall be turned over by the village treasurer to the village clerk for delivery to the claimants upon receipt of the proper instruments therefor. Claims for awards to unknown owners, absentees, those under legal disability and those uncertain as to whom to be paid, shall be verified by the chairman of the park commission and the president of said village and the warrant for the same shall be turned over to the treasurer of said village to be deposited by him subject to the further order of the supreme court of Westchester county. In case of Action to neglect or default in the payment of the same within the time
payments. aforesaid, the respective person or persons or bodies incorporate in whose favor the same shall be reported, his, her, or their executors, administrators or successors, at any time or times after application first made by him, her, or them, to said village treasurer for payment thereof, may sue for and recover the same with lawful interest as aforesaid, and the costs of suit in any proper form of action against the village of Port Chester in any court having cognizance thereof, and in such action it shall be sufficient to declare generally for so much money due to the plaintiff by virtue of this act for real estate taken or acquired for the purposes herein mentioned. The order confirming the report of said commissioners with proof of the right and title to the plaintiff to the sum or sums demanded shall be conclusive evidence in such suit or action.
§ 7. In all condemnation proceedings instituted pursuant to compenthe provisions of this act, each commissioner of appraisal, upon commisthe confirmation of the report or other determination of the proceeding, shall be entitled to receive in full compensation for his services as such commissioner of appraisal, and in bar of all other claims for compensation and expenses, an allowance as may be fixed and awarded by the court as herein provided, not exceeding five dollars for every full hour upon each day upon which he attends a meeting of said commissioners of appraisal and is actually and necessarily employed in the performance of the duties imposed upon said commissioners of appraisal at the office provided for such commissioners of appraisal, or at the meeting of the commissioners of appraisal to view the premises, provided that such compensation shall not be paid until it shall have been awarded and fixed by order of the court upon five days' notice to the village and to the attorney representing such village, and upon proof by affidavit showing the nature and extent of the services rendered, the dates of rendering services and the number of hours and parts of an hour necessarily occupied upon each date. A copy of such proof shall be served with the notice of taxation.
sioners of appraisal.