TITLE 2. GRANTS OF LANDS UNDER WATER. SEC. 83. Grants of lands and franchises to city in aid of commerce. 84. Property and franchises inalienable. 85. Private rights protected. 86. Patenting of lands under water by commissioners of the land office. 87. Power of municipal assembly. 88. Repealing provision. Grants of lands and franchises to city in aid of commerce. 83. To the end that the city of New York as herein constituted, may be enabled to make needful provisions for the navigation, intercourse and commerce of the city and adequately to develop and secure the same now and in the future, the said city shall have the control as herein and in this act provided, of the water front of the entire city, subject, however, to the rights of private owners of property, and also power to establish, construct, acquire, own, maintain and enjoy all ferries, public wharves, docks, piers, bulkheads, basins, slips, streets, approaches and spaces, and all other public structures, adjuncts and facilities necessary or proper for the navigation, intercourse and commerce, foreign and domestic, of the city. To these ends, in addition to all other grants, there is hereby granted in fee to the said city of New York, as herein constituted, in all the public streams, rivers, sounds, bays and waters of all descriptions at any and all places within said city or adjoining the limits of said city as herein constituted, all and singular the property, estate, right, title and interest of the people of the state of New York, in, to, of, and concerning such lands and soil covered by water, as are embraced within the projected boundary lines of any street intersecting the shore line, and which street is in public use or which may be hereafter opened for public use, extending from high-water mark out into said streams, rivers, sounds, bays and waters so far (any limits in existing grants to the contrary) as the said city shall now or at any time hereafter in the opinion of its municipal assembly, or department of docks and ferries require the same for ferries, public wharves, docks, piers, bulkheads, basins, slips, or other public structures, adjuncts and facilities for navigation and commerce, including the right for such purposes to reclaim such lands from said waters, and including also all riparian rights, and all rents, issues and profits of the premises herein granted. The commissioners of the land office shall from time to time, convey or patent the lands herein granted to the city for said purposes as and whenever required by the board of docks. Property and franchises inalienable. 84. The property, franchises and rights hereby granted and the works and structures hereby authorized are not the subject of sale but shall be held by the city in perpetuity. But this shall not prevent the city from leasing the same for limited periods of time, in the same manner as it leases other like property. Private rights protected. § 85. This grant shall not impair or affect any existing valid private rights, or the existing riparian rights of owners of private property, or the lawful rights of private owners of docks, piers and other structures in the said city or any part thereof. Patenting of lands under water by commissioners of the land office. § 86. After the approval of this act no patent of soil or land under water within The City of New York, as herein constituted, shall be made except to The City of New York or to the riparian proprietor. If the board of docks with the approval of the commissioners of the sinking fund, shall project a plan or plans for the construction of docks between street intersections as aforesaid, and desire a grant of land under water for that purpose, they shall make application therefor to the commissioners of the land office, who thereupon shall give notice to the riparian proprietor before taking action in the matter and shall make such grant to the city for the purposes specified in section eighty-three. Such grant, however, shall be subject to all the rights of the riparian proprietor, and before the city shall construct such public wharves or other structures in front of the land of such riparian proprietor, the city shall make just compensation to such proprietor for the value of all the riparian rights. If the commissioners shall make a grant to the riparian proprietor it shall be confined to soil or land under water in front of the land of such riparian proprietor. If application be made to the commissioners of the land office by the riparian proprietor for a grant of soil or land under water within The City of New York, as herein constituted, said commissioners shall give notice thereof to the board of docks of the city, which shall examine into such application and determine whether the granting of the same will conflict with the rights of the city under this act or be otherwise injurious to the public interests of the said city, and shall report their conclusions to said commissioners who shall insert such terms and conditions in the grant recommended by the board of docks as will protect the public interests of the city in respect to navigation and commerce. The validity of any such grant or patent may be judicially determined in an action brought by and in the name of the city. Power of municipal assembly. $87. The municipal assembly may from time to time pass appropriate ordinances to carry the provisions hereof into effect, not inconsistent with law or this act. Repealing provision. § 88. All acts and parts of acts, so far as the same are inconsistent with this chapter are hereby repealed. CHAPTER IV. THE EXECUTIVE. SEC. 94. Mayor; executive power in and election of; salary. 95. Mayor's power of removal. 96. Administrative departments. 97. Department of finance; comptroller. 98. Law department; corporation counsel. 99. Police department; police board. 100. Board of public improvements and departments represented therein. 101. Department of parks; park board. 102. Department of buildings. 103. Department of public charities; board of public charities. 104. Department of correction; commissioner of. 105. Fire department; the fire commissioner. 106. Department of docks and ferries; board of docks. 107. Department of taxes and assessments; board of taxes and assessments. 108. Department of education. 109. Department of health; board of health. Mayor; executive power in and election of; salary. 894. The executive power of The City of New York, as constituted by this act, shall be vested in the mayor and the officers of the department. The mayor shall be the chief executive officer of the city; he shall be elected at the general election in the year eighteen hundred and ninety-seven, and every four years thereafter, and shall hold his office for the term of four years commencing at noon on the first day of January after his election. He shall be ineligible for the next term after the termination of his office. The salary of the mayor shall be fifteen thousand dollars a year. L. 1882, ch. 410, 30, 31. See People ex rel. Wood v. Lacombe, 99 N. Y. 43; affi'g 34 Hun, 401. Mayor's power of removal. 95. At any time within six months after the commencement of his term of office the mayor, elected for a full term, may, whenever in his judgment the public interests shall so require, remove from office any public officer holding office by appoint ment from the mayor, except members of the board of education and school boards, and except also judicial officers for whose removal other provision is made by the constitution. After the expiration of said period of six months, any such public officer may be removed by the mayor for cause upon charges preferred and after opportunity to be heard, subject, however, before such removal shall take effect to the approval of the governor expressed in writing. L. 1882, ch. 410, § 108; L. 1895, vol. 2, ch. 11. REMOVAL WITHOUT CAUSE. (a) The period fixed by statute during which an appointing official may remove a subordinate without cause, cannot be extended by agreement between such official and subordinate. Litt v. Emery, 80 Hun, 380. REMOVAL FOR CAUSE. (b) The power of removal for cause given to the mayor can only be exercised upon just and reasonable grounds, and after notice to the person charged. The proceedings must be instituted upon specific charges sufficient in their nature to warrant the removal, which, unless admitted, must be proved; the defendant may crossexamine the witnesses supporting the charges, call others in his defense, and in all the steps of the proceedings is entitled to be represented by counsel. People ex rel. The Mayor v. Nichols, 79 N. Y. 582; rev'g 18 Hun, 530; People ex rel. Nichols v. Cooper, 58 How. Pr. 358; aff'd in 21 Hun, 517. (c) The proceeding for removal under this section is judicial in its character and subject to review by a writ of certiorari. People ex rel. The Mayor v. Nichols, 79 N. Y. 582; distinguished in People ex rel. Kelch v. Administrative departments. Thompson, 26 Hun, 36; People ex rel. Nichols v. The Mayor, 19 Hun, 441; People ex rel. Wheeler v. Cooper, 57 How. Pr. 416. (d) Such proceedings are reviewable by certiorari, though at the time of issuing the writ, the removal has neither been approved nor disapproved by the governor. People ex rel. Nichols v. The Mayor, 21 Hun, 517; Same v. Cooper, 59 How, Pr. 374. (e) The fact that the officer is guilty of an offense which subjects him by law to other and additional punishment does not prevent his removal by the mayor for such act. People ex rel. Shaler v. The Mayor, 52 Hun, 483; S. c., 5 N. Y. Supp. 538; 24 N. Y. State Rep. 241. (f) The fact that the act which forms the cause of removal is capable of punishment as a criminal offense does not require a conviction of the officer for such offense as a condition to his removal by the mayor. People ex rel. Shaler v. The Mayor, above. (g) The distinction between a removal by the mayor and that by a head of a department, stated, People ex rel. Kelch v. Thompson, 94 N. Y. 451. 96. There shall be the following administrative departments in said city: Department of finance. Law department. Police department. Represented in the board of public improvements: 1. Department of water supply. 2. Department of highways. 3. Department of street cleaning. |