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of awards into
court in certain
to person not entitled.
Pledge or assignment of award.
§ 8. In all condemnation proceedings instituted pursuant to the provisions of this act when an owner in whose favor an award shall have been made in a final order or in a report of commissioners of appraisal which has been confirmed by the court is under legal disability or absent from the county of Westchester and when the name of the owner shall not be set forth or mentioned in said final order or in the report of the commissioners of appraisal, or when the owner although named in said report or final order cannot upon diligent inquiry be found, or where there are adverse or conflicting claims to the money or any part of it to be paid as compensation for the property taken, the village of Port Chester shall pay so much of such award into court as the court may direct to be secured, disposed of, invested and paid out as the court may direct and the court may determine who is entitled to the same and direct to whom the same shall be paid and may in its discretion order a reference to ascertain the facts on which such determination and direction are made; and such payment shall be valid and effectual in all respects as if made to the owner; and in default of such payment into court, the village of Port Chester shall be and remain liable for such award with lawful interest thereon from the day upon which title to the real property for which said award is made vested in said village. When an award shall be paid to a person not entitled thereto, the person to whom it ought to have been paid may sue for and recover the same with lawful interest and costs of suit as so much money had and received to his order by the person to whom the same shall have been so paid. Payments of an award to a person named in the report or a final order as the owner thereof if not under legal disability shall in the absence of notice in writing to the clerk of the village of Port Chester of adverse claims thereto protect said village from any liability to any other person or persons. In case of the pledge, sale, transfer or assignment of an award by the person entitled to receive the same by virtue of the report of the commissioners of appraisal or by a final order of the court, or any other order of the court, the instrument evidencing such pledge, sale, transfer or assignment acknowledged or proved as instruments are required to be acknowledged or proved for the recording of transfers of real property shall be filed in the office of the clerk of the village of Port Chester who shall endorse on the said instrument its number and the day, hour, month and year of its receipt and file a copy with the park commission. If any assignment of an award be contained in an instrument recorded in an office in which instruments affecting real property are by law required to be recorded, a certified copy thereof may be filed in the office of said village clerk in the place of the original and a copy filed with the park commission. Every such instrument not so filed shall be void as against any subsequent pledgee or assignee in good faith and for a valuable consideration from the same pledgor or assignor, his heirs, administrators or assigns of the same award or any portion thereof, but assignment of which is first duly filed in the office of said clerk. Payment to the assignee or pledgee
shown to be entitled to the award by said record in the office of the clerk shall protect the village of Port Chester from any liability to any other person or persons.
§ 9. In addition to any appeal or appeals which may be author- Appeal ized by law to be taken from any judgment or order entered or judgment which may be entered in any condemnation proceeding instituted or order. herein pursuant to the provisions of this act the village of Port Chester through the park commissioners or said board of trustees or any party or person affected by said proceedings and aggrieved by the order fixing the compensation of said commissioners of appraisal may appeal therefrom to the appellate division of the supreme court. Such appeal shall be taken and heard in the manner provided by the civil practice act and the rules and practices of the said court in relation to appeals from orders in special proceedings and such appeal shall be heard and determined by such appellate division upon the merits both as to matters of law and fact. But the taking of such appeal shall not operate to stay the Appeal not proceedings under this act with respect to the order entered on as stay. the motion to confirm the said report or reports of said commissioners of appraisal.
§ 10. The park commission, subject to approval of said board General of trustees, shall have the power from moneys or property on hand powers of as in this act provided, or moneys appropriated for that purpose mission. by the board of trustees to make available for use as a public park or parks all such real estate, easements and rights which are or may come under its jurisdiction as in this act provided and to develop, improve and embellish such park or parks and erect, construct or build thereon structures and other improvements and appurtenances as to it shall seem proper for any one or more of the following purposes, all of which are hereby declared to be for a public and village purpose, namely: public health, public welfare, education, instruction, interest, pleasure, recreation, athletics or amusement.
§ 11. The village of Port Chester shall have the right to take Commisin fee or otherwise by gift or devise lands or rights and interest son may therein for the purpose of this act, or to receive by gift, contribu- gift, tion or bequest money or other property to be used in acquiring or improving such park or parks, all of which gifts, devises or bequests shall be to and in the name of the village of Port Chester, which is hereby authorized to accept the same for any one or more of the purposes as in this act provided, or to reject the same. such moneys so given or bequeathed shall, unless otherwise pro- received. vided by the terms of such gift or bequest, be deposited with the village treasurer and be subject to the order of said board of trustees.
§ 12. The village of Port Chester may and it hereby is author- Grants of ized to apply to the proper authorities of the state of New York water by for a grant or grants of land under water, adjacent to any uplands state. owned by the village and under the direction and control of the village, 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
Lease of buildings and grounds until required.
directed to release to the village 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.
§ 13. Whenever the village of Port Chester shall become vested with the title of real estate pursuant to and for the purposes and provisions of this act, it shall be lawful for the said park commission with the approval of said board of trustees to let from year to year any buildings and the grounds attached thereto, which may be within the bounds of the real estate so taken and until the same shall be required for the laying out, regulation and improvement of the real estate so taken and the said park commission with the approval of said board of trustees may sell any building, improvement and other materials within the boundary line of the lands so taken and belonging to the village, which in its judgment shall not be required for the purposes of the said park or parks and the proceeds of such leases and sales shall be deposited with the treasurer of the village to the credit of the said village. Said park commission subject to the approval of tion, etc., said board of trustees shall also have the right to construct, recon
Sale of materials not required.
Lease of structures.
struct, complete, alter or repair any buildings or structures, or demolish or remove the same to carry out the purposes of this act. To carry out the public purposes as in this act provided, the park commission subject to the approval of said board of trustees, notwithstanding the provisions of any general or special law to the contrary, shall have the exclusive right and authority to let, license or grant to any person or party for such period of time not exceeding three years such building or buildings, structure or structures, rights, privileges or concession in, to and upon any park or parks under its jurisdiction and under such rules, regulations and restrictions as to said commission and said board of trustees shall seem just and proper. Unless the sum to be paid for such right, privilege or concession is paid in cash, the same shall not be granted except and until such person or party shall give such reasonable security in such amount as to the commission shall Disposition seem proper and reasonable. All income from licenses or leases of income. received by the park commission shall be deposited with the village treasurer, to the credit of said village.
Control of highways and bridges.
Use by public utility.
§ 14. The park commission, subject to the approval of said board of trustees, shall have the sole and exclusive control and management of all the streets and highways and bridges within the limits of any park under its jurisdiction, with the right and power to alter or discontinue any or all of such streets, highways and bridges and all streets, highways or parkways, taken over as in this act provided shall be built, maintained and kept in order and repaired by and under the direction of the park commission and said board of trustees. No railroad, trolley road, bus line, telephone or telegraph line, or other public utility shall have the right to pass over, through, or under any property controlled by the park commission as in this act provided, except by a written consent granted by said park commission, subject to the approval of said board of trustees, by resolution duly adopted and then
only under such regulations and restrictions as to said commission and board shall seem proper, but said commission and said Grants of board shall have the right to grant to the village of Port Chester, or any governmental agency thereof or to any municipal corporation therein, or any governmental agency thereof as the term "municipal corporation" is defined in the general municipal law, a license or an easement for any public purposes upon such terms and conditions and under such regulations and restrictions as said commission and said board shall deem just and proper, and in addition thereto may grant licenses or easements to individuals, copartnerships and corporations, including municipal corporations, to construct sewers, lay water and gas mains and electric conduits within and across such property.
§ 15. The park commission shall make no contract for the per- Regulaformance of any work or for the supplying of any material, or contracts. both, unless there is money on hand applicable to such contract or money for that purpose has been appropriated by the board of trustees, nor shall any such contract involving the expenditure of more than one thousand dollars be awarded unless bids or proposals therefor have been received, or the commission shall by a two-thirds vote subject to approval by said board of trustees determine that it is impracticable to receive bids or proposals #therefor.
The commission subject to approval by said board of trustees shall have the right on the letting of any contract to reject any or all the bids. All contracts or purchases involving a sum of less than one thousand dollars shall be let or made in such manner as to the commission, subject to such approval, shall seem for the best interests of the village.
§ 16. The park commission, subject to the approval of said Actions to board of trustees, shall have the right and it hereby is authorized carry out and empowered to bring or maintain in the name of the village of Port Chester any action or proceeding necessary to carry out the purposes of this act, also any action to recover damages for the breach of any agreement growing out of the management, improvement or government of the park or parks or for damages for injuries to any of the property appertaining thereto and it shall Right to have the power and right to seize and impound cattle and other animals. animals roaming in, on, or through such park or parks.
§ 17. The park commission shall, subject to approval as afore- Commissaid, notwithstanding the provisions of any general or special law adopt rules to the contrary, have the exclusive power to adopt and enforce and ordirules, regulations or ordinances governing the use of said park use of or parks as defined herein, and traffic in and through the same and to provide that the violation of any one or more of such Enforcerules, regulations or ordinances shall constitute the crime of a misdemeanor and that on conviction a person so offending may be punished by a fine of not exceeding one hundred dollars, or by imprisonment not exceeding thirty days, or by both such fine. and imprisonment, or it may enforce the observance of any one or more of such rules, regulations or ordinances by prescribing penalty not exceeding fifty dollars in any one case to be recovered
in a civil action in any court having jurisdiction thereof, which action shall be brought in the name of the village of Port Chester. Such rules, regulations or ordinances, or any amendments or additions thereto shall not be effective until the same shall have been published in one or more newspapers printed and published in the village of Port Chester once each week for two weeks. In any proceeding. action or proceeding, such rules, regulations or ordinances, or any amendments or additions thereto, shall be deemed sufficiently proved by presenting a copy thereof duly certified by the clerk or acting clerk of the commission to the effect that the same is a true copy as then in force by reason of being duly adopted by the commission and that there is on file in the office of said commission due proof of the publication thereof as in this section provided.
§ 18. The said board of trustees at any regular or special meetof cost of ing upon the request or requisition of the park commission either at the time of estimating the cost of acquiring the property or at any one or more subsequent time or times may estimate or make additional estimates of the cost of the improvements to be made to any one or more of the parks under the jurisdiction of the park commission and make 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. All claims lawfully incurred by the commission under and pursuant to the terms and provisions of this act shall be first approved by the park commission and paid as are other village claims. The commission shall annually in the month of December, file with the board of trustees a written report of its proceedings and a statement of all its receipts and disbursements.
report of commission.
issues to take up
§ 19. The board of trustees of the village of Port Chester are hereby authorized and empowered to issue from time to time bonds certificates of said village in the same manner as other village bonds are issued, edness. to take up the certificates of indebtedness issued or authorized to be issued as provided in this act, provided, however, that such board may provide for the payment of any such bonds within fifty Bonds and years from their respective dates of issue. All bonds and certificates of indebtedness authorized to be issued under this act shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regu larity of their issue. The board of trustees of the village of Port certificates. Chester may and they hereby are authorized and empowered to renew, extend, or issue new certificates of indebtedness to redeem any certificates of indebtedness under and pursuant to the terms of this act.
to recite this act.
Renewal, etc., of
Tax for payment of obliga
tions, charges and ex
§ 20. It shall be the duty of the board of trustees of said village to cause to be raised annually in each fiscal year from the time this act takes effect by tax upon the taxable property in said village in the same manner as other taxes are levied and collected, a sufficient sum to pay the interest upon said certificates of indebtedness and bonds when and as the same shall become due and payable and also to raise by tax upon the taxable property