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Mayor of Brookmissioner.

lyn to be a Com

Board.

rum.

the passage of this act the Mayor of Brooklyn shall be ex officio a Commissioner of Prospect Park. (a) They shall together constitute a Board of Commissioners to be hereafter known as "The Brooklyn Park Commis- Official title of sioners," a majority of whom, for the time being, shall constitute a quorum for the transaction of business. If Business quoany of the said Commissioners shall not reside in the city of Brooklyn, or shall neglect to attend the meetings Neglect to atof the Board, for three monthly meetings, consecutively, of Board to tend meetings after having been duly notified of the time and place of work vacancy. meeting, his office shall be deemed to be vacant; and Vacancies how after the present number of Commissioners shall, for filled. any reason, have been reduced to eight, each succeeding vacancy shall be filled for the residue of the term then vacant by a majority of the remaining members of the Board; and upon such ballotings it shall be no objection to a candidate that he has once been a member of the Board.

Council.

Publications of

§ 5. The said Board shall, in the month of January Annual Report of every year, make and render to the Common Council to Common of the said city a full report of their proceedings during the preceding year, with a detailed statement of their receipts and expenditures. And all ordinances or rules which they shall at any time adopt for the regulation, ordinances, etc. use and management of the said parks shall immediately thereafter be published, for at least ten days, in two daily newspapers printed in the said city. No member of the said Board shall receive any compensation for to receive no his services; and it shall be a misdemeanor, punishable compensation. by fine and imprisonment, for any Commissioner to be in any way, directly or indirectly, interested in any Not be interest

Commissioners

contract for services to be rendered or materials to be ed in contracts. furnished for or on account of the said parks, or either of them.

City bonds may issue for laying ing Prospect

out and improv

Park.

Bonds, when

§ 6. For the purpose of providing the means of laying out, constructing and improving Prospect Park, the Mayor, Comptroller and City Clerk of the said city are hereby authorized and required to create and i^ue, at such times and in such amounts as the said Com...............¡Ssioners shall, by resolution, direct, the bonds of the said city, payable within fifty years from the date thereof, and bearing an interest not exceeding seven per cent. payable and rate per annum, payable semi-annually. The bonds so to be issued shall not exceed three millions of dollars in amount, including the bonds already issued for such purposes, and shall be sold by or under the direction of the said Comptroller, at not less than par, either at public or private sale, and the moneys to arise there

(a) See Charter of City of Brooklyn, Chap. 863, Title 15, Laws 1873.

of interest.

Aggregate issue of bonds.

Bonds to be than par.

sold at not less

from shall be called the Brooklyn Park Improvement

Provisions as to Fund. All bonds heretofore issued for the improve

bonds hereto

fore issued.

Act of 1860

made applicable.

Temporary loans.

Avails of bonds posited to credit of improvement

sold to be de

fund.

ment of Prospect Park shall constitute a portion of the same fund, and all the provisions of the act passed May second, eighteen hundred and sixty-one, entitled "An Act to lay out a public park and parade ground for the city of Brooklyn, and to alter the Commissioners' map of said city, passed April seventeenth, eighteen hundred and sixty," which. relate to the redemption of bonds and payment of awards and improvement, and the creation and management of a sinking fund applicable thereto, shall apply to and regulate all bonds that may be issued for the purposes of the said Improvement Fund; and for the payment of all such bonds, issued and to be issued, with the interest to accrue thereon, all lands within the boundaries of the said park are hereby specifically pledged.

§ 7. In case the said Commissioners shall at any time require money for immediate use before it can be realized by a sale of bonds, the said Comptroller, on the request of the said Commissioners, may pledge such bonds for a temporary loan of money thereon. All money to be realized from sales or pledges of bonds shall be immediately deposited with the Treasurer of the said city, to the credit of the said Improvement Fund, and shall be held and used for the construction, improvement and maintenance of the said park, and the adornment thereof. The said Board of Commissioners, through their President and Secretary, shall, from time to time, make drafts upon the said Comptroller for such amounts as may be required for the prosecution of the park business, after the same shall have been authorized by the Board; each of such drafts shall specify the drawn and pay- object for which it is drawn, and the Treasurer shall pay the same on the order of the Comptroller, countersigned by the Mayor and City Clerk.

Board of Commissioners may make drafts on Comptroller.

Drafts, how

able.

Annual addition to general tax for Park.

Levy and collection of tax.

§ 8. In order to provide for the maintenance and general improvement of the said park,there shall be added to the general tax to be levied in said city, in each and every year, such sum of money, not exceeding one hundred thousand dollars, in any one year, as the said Board of Commissioners shall, from time to time, by resolution, determine to be necessary for the proper maintenance, improvement and ornamentation of the said park. The joint Board of Supervisors and Common Council of the city of Brooklyn shall annually cause the amount so determined by the said Commissioners to be raised and levied in like manner as other taxes are raised and levied in said city, and the same shall be promptly paid

over to the said Park Commissioners for the purposes aforesaid. (a)

9. Real or personal property may be granted, conveyed, devised or bequeathed to the said city, for the improvement or ornamentation of the said parks, or either of them; or for the establishment or maintenance within their limits of museums, zoological or other gardens, collections of natural history, observatories or works of art, upon such terms and conditions as may be agreed upon by and between the grantors or donors thereof and the said Board of Commissioners. But all property so to be granted, conveyed, devised or bequeathed, and the rents, issues and profits thereof, must be subject to the management and control of the said Board, and may be improved and added to in its discretion; and shall be protected, preserved and arranged by the said Board for public use and enjoyment, under such rules and regulations as the said Board shall from time to time prescribe. Admissions to said gardens and museums may be either free to the public, or upon the payment of such sums of money as the Board may determine; and all income to be derived from such admissions shall be applied to the improvement and maintenance of such gardens and museums, or of the said parks. The Board may also agree for the management and maintenance of any of the said gardens or other institutions with any society, incorporated or to be incorporated under any law of this State; but such gardens or other institutions shall always remain subject to the control of the said Park Commissioners.

§ 10. This act shall take effect immediately.

(a) See § 1, Chapter 711, Laws 1872.

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Sackett street widened.

President and Douglass streets widened.

Part of Degraw street narrowed.

Part of Union street narrowed.

Provisions con

of buildings

other erections

upon streets

widened or

narrowed.

alter

AN ACT to widen portions of Sackett, Douglass,
and President streets, and otherwise to
the Commissioners' map of the city of Brooklyn.

Passed May 6, 1868, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Sackett street in the city of Brooklyn, is hereby widened from Washington avenue easterly to the southerly limit or boundary line of the said city, to the width of two hundred and ten feet, and shall be opened to that width by adding seventy feet in width to each side of the said street, as now laid down on the Commissioners' Map of the said city. And President street and Douglass street are hereby also widened from New York avenue easterly to the said city line, to the width of one hundred feet; and shall be opened to that width by adding fifteen feet in width to each side of the said several streets, as now laid down on the said map.

§ 2. So much of Degraw street as lies easterly from New York avenue, and extends to the said city limits, is hereby narrowed to the width of thirty-five feet, by taking away thirty-five feet in width on the southerly side thereof; and so much of Union street as lies easterly from the said avenue, and extends to said city limits, is hereby also narrowed to the width of thirtyfive feet by taking away thirty-five feet in width from the northerly side thereof; which said southerly side of Degraw street, and northerly side of Union street, are hereby abandoned for street purposes, and shall be stricken from the said city map.

§3. No buildings or other erections, except porches, cerning placing piazzas, fences, fountains and statuary, shall remain or be at any time placed upon any of the lots, fronting upon either of the said streets, so to be widened, within thirty feet from the line or sides of the said several streets respectively. The intervening spaces of land on each side of the said several streets shall be used for court yards only, and may be planted with trees and shrubbery, and otherwise ornamented, at the discretion of the respective owners or occupants thereof. And no building now standing, or that may be hereafter erected, on any lot fronting or to front, on either Union or

Degraw streets so narrowed, shall ever be used for any purpose other than a stable, carriage house, conservatory for plants, or green house; but no livery or railway stable, or car house, shall at any time be erected, or maintained, upon any of the said lots. And at no time shall there be erected, established or carried on, in any manner whatever, upon any land to be affected by the said widenings, or either of them, any slaughter house, tallow chandlery, furnace, foundry, nail or other factory, or any manufactory for making starch, glue, varnish, vitriol, oil, or gas, or for tanning, dressing, repairing or keeping skins, hides, or leather, or any distillery, brewery, or sugar bakery, lime kiln, railway or other stable, or depot, or any other manufactory, trade, business or calling, which may be in any wise dangerous, noxious, or offensive to the neighboring inhabitants.

§ 4. The Commissioners of Prospect Park are hereby directed to take proceedings, within sixty days after the passage of this act, to open, grade, and othewise improve the said several streets, described in the first and second sections of this act. And for the purpose of determining the amount to be paid to the owners of the lands and tenements required to be taken for the purposes of the several changes and improvements contemplated by this act, the said Park Commissioners shall cause application to be made to the Supreme Court, in the Second Judicial District, at a special term thereof, upon a notice to be personally served upon the Counsel of the said city, and to be also published ten days, successively, in the Corporation newspapers, for the appointment of three Commissioners to estimate the expense of such widenings and openings, and the amount of damages to be sustained by the owners of land, and all other persons to be affected thereby, and to apportion and assess the same, as hereinafter directed, and the Court shall thereupon proceed to make such appointment.

§ 5. Before any assessment for such widening or opening is made, the Commissioners of Prospect Park shall, by resolution, fix a district of assessment, beyond which the assessment therefor shall not extend.

§ 6. The Commissioners so to be appointed by the Court, shall, after having been duly sworn, proceed to estimate such expenses and damages; and in making the estimate, they shall include the damages, if any, to be sustained by any person or persons, for being so obliged to build back from the line or sides of any of the said several streets, or for being restricted in the use of the lots fronting on said streets, as specified in the

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