CHAPTER 116 AN ACT to amend the village law, in relation to the apportionment of property and obligations of a special district of a town upon the incorporation of a part thereof in a village. Became a law March 11, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: added to Section 1. Chapter sixty-four of the laws of nineteen hundred 35 and nine, entitled "An act relating to villages, constituting chapter L. 1909, sixty-four of the consolidated laws," is hereby amended by adding ch. 64. a new section, at the end of article two thereof, to be section thirtyfive, to read as follows: § 35. Apportionment of property and obligations of a special district of a town upon the incorporation of a part in a village. If the territory so incorporated as a village includes within its boundaries part of a special district established by the town for a sewer, water, light, fire, park, health, police or any other special district for municipal purposes, the proportion of the bonded debt incurred by the town and payable by a tax against the property within a special district, for whose benefit the bonds were issued which shall be assumed by the village and the apportionment of personal and real property belonging to the special district shall be determined according to the relative assessed valuation of the personal and real property in that portion of the special district without the village and that portion within the village, in the following manner: the town board of the town when acting as a board for a special district exclusive of a member who may reside in the village or the commissioner or commissioners of a special district where the special district is managed by a commissioner or commissioners exclusive of a member who may reside in the village and the trustees of the village being unable to agree within six months after the incorporation of the village becomes complete upon the proportion of the debt and the apportionment of the personal and real property, then the supreme court shall have power to determine such division and to enforce such award, division and determination as shall be made in the premises in a suit in equity to be brought in the name of either of the said parties. § 2. This act shall take effect immediately. CHAPTER 117 AN ACT to amend the village law, in relation to contracts for water with other municipalities. Became a law March 11, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: L. 1909, Section 1. Section two hundred and thirty-four of chapter ch. 64, sixty-four of the laws of nineteen hundred and nine, entitled "An 234 amended, L. 1909, act relating to villages, constituting chapter sixty-four of the consolidated laws," is hereby amended to read as follows: § 234. Contracts with other municipalities. If the mains are or shall be laid into or through a town, a water supply district thereof, another village, or a fire district in an unincorporated village, the board of water commissioners may contract with the town board on behalf of the town or water supply district, or with the board of trustees of a village or the fire commissioners of a tire district, respectively, to furnish water for the extinguishment of fires or for sanitary or other public purposes. Such contract shall not be for any longer period than ten years, nor shall the amount agreed to be paid in any one year exceed two and a half mills for every dollar of the taxable property in such town, village, or fire or water supply district. The amount payable each year by such contract shall be raised as a part of the expenses of such town, village or fire district, and paid to the treasurer of the village owning such system of waterworks. If the mains are or shall be laid to a connection with the mains of an adjoining water district or another incorporated village, the board of water commissioners may contract in the name of the village with the board of water commissioners of such adjoining water district or village to take all or any portion of its water supply from the mains and reservoirs of said water district or such other village for such period, not exceeding five years, and upon such terms as may be agreed upon. § 2. This act shall take effect immediately. CHAPTER 118 AN ACT to amend the village law, in relation to acting police justice. Became a law March 11, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one hundred and eighty-seven of chapter sixty-four of the laws of nineteen hundred and nine, entitled "An act relating to villages, constituting chapter sixty-four of the consolidated laws," is hereby amended to read as follows: § 187. Acting police justice. The board of trustees of a village in which the office of police justice is established shall desig nate a justice of the peace residing in the village, if any, and otherwise, a justice of the peace or police justice residing in the same county in which the village or a part thereof is situated, as acting police justice of the village. During the absence or inability of the police justice to perform the duties of his office, the acting police justice has all the powers and is subject to all the liabilities of a police justice within the village. § 2. This act shall take effect immediately. 1 Remainder of section new. CHAPTER 119 AN ACT to amend chapter two hundred and ninety-two of the laws of nineteen hundred and twenty-two, entitled "An act to provide for the location, creation, acquisition and improvement of parks, parkways and boulevards in and by the county of Westchester; authorizing the borrowing of money and issuing of bonds therefor; providing for the management and maintenance thereof; creating a commission therefor, and defining the powers and duties of such commission," generally. Became a law March 11, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 292. Section 1. Section two of chapter two hundred and ninety-two L. 1922, of the laws of nineteen hundred and twenty-two, entitled "An act § 2 to provide for the location, creation, acquisition and improvement amended. of parks, parkways and boulevards in and by the county of Westchester; authorizing the borrowing of money and issuing of bonds therefor; providing for the management and maintenance thereof; creating a commission therefor, and defining the powers and duties of such commission," is hereby amended to read as follows: oath, or officers, etc. § 2. Each commissioner shall before entering upon the duties Commisof his office take and subscribe the oath prescribed by the consti- sioners; tution of the state, which oath shall be filed in the office of the ganization, county clerk of Westchester county. The clerk of the board of supervisors of Westchester county shall call a meeting of said park commissioners to be held at the court house, in the city of White Plains, New York, 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 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 commission 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. 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 pur Misde commis etc., to be in con County park pose. It shall be a misdemeanor for any member of said park meanor for commission or any clerk, architect, engineer, superintendent or sioners, other assistant appointed by said park commission, or for any interested officer of said county to be in any way interested, directly or inditracts, etc. rectly, in furnishing any of the materials, supplies or labor for the erection or construction of any 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. 1Such employees shall include one or more persons who may be employed patrolmen. for the purpose of enforcing law, order and the observance of the ordinances established by said commission for the government and use of the public reservation under its care. Each person as and when so employed, and during the term of such employment, shall be designated as a Westchester county park patrolman and shall be a peace officer as defined by section one hundred and fifty-four of the code of criminal procedure, and shall have, within the limits of the cities, towns and villages containing territory included within such reservation all the powers of a constable, marshal, police constable, or policeman of a city, town or village in the execution of criminal process; and criminal process issued by any court or magistrate of a county, town, city or village containing territory included within such reservation may be directed to, and executed by any such patrolman, notwithstanding the provisions of any local or special act, ordinance, or regulation. 85 amended. Fee or lesser estate or easement may be acquired. Title in name of county. Real estate defined. § 2. Section five of such chapter is hereby amended to read as follows: § 5. The park commission may agree with the owner or persons interested in any real estate or easement laid down or shown on said map, or maps so approved, either for the acquiring of the 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 county of Westchester. The term "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, provided that persons or for rabic corporations owning such property or claiming 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 route or Relocation when used utility purposes. 1 Remainder of section new. of high pality. 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. In case an existing public highway Dedication under the jurisdiction and control of any municipality within the way by county is required for an approach or means of access to lands munici heretofore taken or hereafter to be acquired by the county of Westchester acting by and through its park commission, said municipality having the jurisdiction and control of said existing highway may dedicate it to the county of Westchester for the purpose of its park commission, as and for an approach or access, and the county of Westchester is authorized to accept the same as a part of its park system upon such terms and conditions as may be agreed to by the said municipality and the county of Westchester through its park commission. § 3. Section seven of such chapter is hereby amended to read as 7 follows: amended. tion of sioners of nation pro § 7. In all condemnation proceedings instituted pursuant to the Compensaprovisions of this act, each commissioner of appraisal, upon the commisconfirmation of the report or other determination of the proceed appraisal ings, shall be entitled to receive in full compensation for his in condem services as such commissioner of appraisal, and in bar of all other ceedings. claims for compensation and expenses, an allowance as may be fixed and awarded by the court as herein provided, not exceeding twenty-five dollars per 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 offices 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 park commission and to the attorney representing such park commission, 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. § 4. This act shall take effect immediately. 2 Remainder of section new. 3 Words "twenty-five dollars per day" substituted for words "five dollars for every full hour upon each day.” |