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FISHERS ISLAND FERRY DISTRICT ACT
TABLE OF CONTENTS
Section 1. Authority and Procedures for Establishment of District.
Section I-a. Authority to extend District to include entire territory
of Fishers Island.
Section 2. Objects and Purposes of District.
Section 3. Authorization to acquire land, boats and other property
for the purposes of the District.
Section 4. Authorizes issuance and sale of Town Obligations by the
Town of Southold for District Purposes.
Section 5. Authorizes a Board of Ferry District Commissioners and
specifies its powers and duties.
Section 5-a. Authorizes acquisition of Airport.
Section 5-b. Delegates to the District Commissioners, Jurisdiction and
control over the Airport and defines their powers relative
thereto.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
District Finances.
Appointment & Organization of Board of Commissioners.
Powers and Duties of District Manager.
Annual District Meeting.
Preparation of Annual Estimates & Hearing thereon.
Prohibits personal interest of District Commissioners, Officers
or Employees in District Contracts, Leases or Agreements.
Severance clause as to void or unconstitutional provisions
of the Act.
Requires public bidding on public works & purchase contracts,
when required by the General Municipal Law.
Validation of claim of Thames Shipyard for repairs and
renovations to ferry vessel Mystic Isle.
Authorizes the establishment of Reserve Fund Accounts.
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FISHERS ISLAND FERRY DISTRICT ACT
(Chapter 699 of the Laws of 1947)
AN ACT AUTHORIZING THE CREATION OF THE FISHERS ISLAND FERRY DISTRICT, AS
AMENDED BY CHAPTER 27 OF THE LAWS OF 1948; CHAPTER 82 OF THE LAWS OF 1950;
CHAPTER 620 OF THE LAWS OF 1951; CHAPTERS 132, 169 & 170 OF THE LAWS OF
1975; CHAPTER 637 OF THE LAWS OF 1962; CHAPTER 650 OF THE LAWS OF 1968;
CHAPTER %8 OF THE LAWS OF 1973; CHAPTER 742 OF THE LAWS OF 1976; &
CHAPTER 916 OF THE LAWS OF 1983.
AN ACT authorizing the acquisition, construction, equipment and operation
of a public ferry. for hire from Fishers Island across the waters of Long
Island sound; authorizing the creation of Fishers Island ferry district in
the town of Southold, Suffolk county and providing for the election of its
officers and management of its affairs; authorizing the collection of
ferriage charges; authorizing the issuance and sale of obligations of said
town and providing for their payment; authorizing the levy and collection
of taxes; and providing for other related matters
Became a law on April 7, 1947, with the approval of the Governor, Passes,
three-fifths being present.
The People of the State of New York, represented in Senate and Assembly do
enact as follows:
Section 1. Upon petition as hereinafter provided, the town board of the
town of Southold, Suffolk county, may, after a public hearing and with the
permission of the state comptroller, establish the entire territory of Fishers
Island in said town, exclusive of those portions of Fort Wright which are
government owned, a public ferry district, to be known as the Fishers Island
ferry district. Such petition shall be signed by the owners of taxable real
property situate in the proposed district, owning in the aggregate at least
one-half of the assessed valuation of all the taxable real property of the
proposed district as shown by the latest completed assessment roll of said
town; provided, however, that the petition shall include the signatures of
resident owners owning taxable real property aggregating at least one-half of
the assessed valuation of such taxable real property. All of the provisions of
article twelve of the town law, not inconsistent with the provisions of this
act, shall apply to the establishment and operation of such district. [Amended
by Chapter 169 of the Laws of 1957]
Section I-a. The town board of the town of Southold, Suffolk county, may
extend the Fishers Island ferry district to include the entire territory of
Fishers Island pursuant to the applicable provisions of article twelve-a of the
town law. [Added by Chapter 637 of the Laws of 1962]
Section 2. The object and purpose of the district shall be to acquire,
construct, equip, operate and maintain a public ferry for the transportation
for hire of persons and vehicles, and goods, wares and merchandise, from
convenient points on Fishers Island across the waters of Long Island sound and
other adjacent waters or tributary thereto to points within and without the
state. Such ferry may be referred to as the Fishers Island ferry. A further
object and purpose of the district. shall be to acquire by gift, purchase or
lease, an airport or landing field situated on Fishers Island, and to operate
and maintain such airport. [Amended by Chapter 620 of the Laws of 1951]
Section 3. The town board of the town of Southold may construct Fishers
Island ferry, and acquire all boats and other equipment and appurtenances
necessary, or authorize the commissioners of the district to let the necessary
contract or contracts therefor. The town board of such town may acquire all
lands, rights or easements in land necessary for the purposes of such ferry,
and with the approval of the superintendent of public works may erect or cause
to be erected and maintained within the limits of any public highway, all
braces, appendages or other equipment and structures necessary for the
operation of the ferry. The town board may also authorize the commissioners to
contract with a private person or persons or a corporation for the independent
operation of such ferry upon such terms and conditions as may be mutually
agreed upon, provided, however, that any such contract or renewal thereof shall
not be for a period longer than five years. No bid for such contract shall be
received as hereinafter provided unless the terms and provisions thereof shall
have been approved by the town board. [Amended by Chapter 82 of the Laws of
1950; Chapter 170 of the Laws of 1957; & Chapter 650 of the Laws of 1968]
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Section 4. The cost of acquisition, construction and equipment of the
ferry ,including lands and rights or easements in lands, shall be paid from
taxes levied for the fiscal year in which such expenditure is made; from
surplus funds, or from the proceeds of town obligations to be issued and sold
in the manner provided by the local finance law. The town board of the town of
Southold may borrow the amount needed for such purposes and issue town
obligations therefor in an aggregate principal amount not exceeding five
hundred thousand dollars. Upon the adoption of a resolution by the town board,
subject to a permissive referendum by the owners of taxable real property
situate within the ferry district as shown by the latest completed assessment
roll of the town, such aggregate principal amount which the town board may
borrow and for which obligations may be issued may be increased to any amount
up to but not exceeding the sum of nine hundred fifty thousand dollars.
[Amended by Chapter 82 of the Laws of 1950; Chapter 968 of the Laws of 1973;
Chapter 742 of the Laws of 1976; & Chapter 916 of the Laws of 1983]
Section 5. The affairs of the district shall be under the jurisdiction,
control and supervision of a board of five commissioners. The town board shall
appoint five resident taxpayers of the district who shall constitute the board
until their successors are elected and have qualified pursuant to the
provisions of this act. Successors to the members so appointed shall be elected
by the electors of the district as hereinafter provided. Every person who is an
elector of the town of Southold and the owner or real property situated within
the Fishers Island ferry district assessed upon the last preceding town
assessment roll shall be eligible to hold the office of ferry commissioner. The
ferry commissioners shall have the power and it shall be the duty of such
commissioners:
(a) To prepare or cause to be prepared and to submit to the town board of
the town of Southold for approval, plans for the acquisition, construction and
equipment of the ferry;
(b) To supervise the construction of any works or improvements connected
with the ferry and make reports thereon from time to time as the town board
shall require;
(c) To have jurisdiction, control and supervision over the ferry and to
operate and maintain the same;
(d) To purchase all necessary tools, materials and supplies needed for the
proper upkeep of the ferry;
(e) Subject to the approval of the town board, to enter into contracts or
leases for the purposes of the ferry;
(f) Subject to the approval of the town board, to appoint and at pleasure
remove a manager and such other employees and assistants as may be necessary to
carry out the purposes of this act, and fix their compensation;
(g) Subject to the approval of the town board, to promulgate and adopt and
from time to time amend rules and regulations governing the operation of the
ferry;
(h) To fix and classify with the approval of the town board and subject to
agreements with bond holders, and from time to time reduce or increase the
rates or ferriage charges to be collected for the transportation of persons and
of vehicles, and of goods, wares and merchandise;
(i) To fix the days and hours during which the ferry shall be operated and
cause notice thereof to be posted at all entrances to the ferry;
(j) To post and keep posted in conspicuous and accessible places outside
and adjacent to each entrance to the ferry, in plain view of the passengers
upon such ferry, a schedule plainly printed in the English language of rates of
ferriage charges to be collected for transportation over such ferry;
(k) To have and exercise such additional powers and duties relating to the
operation, maintenance and up-keep of the ferry as may be delegated to them by
the town board. [Amended by Chapter 637 of the Laws of 1962]
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Section 5-a. The town board of the town of Southold may acquire by gift,
purchase or lease, on behalf of the ferry district, an airport or landing field
situated on Fishers Island, after a public hearing held in the same manner and
upon the same notice as in the case of the establishment of the ferry district.
The notice of hearing shall state generally the purpose of the hearing,
describe the real property to be acquired and the nature of such acquisition,
specify the amount of the consideration to be paid therefor and the time when
and place where said town board will meet to consider the proposition and to
hear all persons interested in the subject thereof concerning the same. After
such hearing and upon the evidence adduced thereat, the town board shall
determine by resolution whether or not it is in the public interest to acquire
such real property in the manner and upon the terms stated in the notice of
hearing. If the town board shall determine that such acquisition is in the
public interest, it may proceed to acquire such real property in the specified
manner and upon the specified terms. [Added by Chapter 620 of the Laws of 1951]
Section 5-b. When such airport or landing field shall have been so
acquired, the town board may delegate jurisdiction, control and supervision of
such airport or landing field to the board of ferry district commissioners. The
board of ferry commissioners may:
(a) Equip, maintain, repair and operate such airport or landing field.
(b) Subject to the approval of the town board of the town, adopt and amend
from time to time, rules and regulations governing the operation and use of
such airport or landing field.
(c) Provide such services and facilities as are usual and incidental to
the operation of an airport or landing field, and fix, from time to time, the
fees, charges, rentals or other consideration for the rendering of such
services and the use of such facilities.
(d) Grant licenses, concessions and privileges and sell space and rent
premises to such grantees and licensees for the carrying out of the business of
furnishing services, supplies and materials required for the maintenance,
repair and operation of aircraft and such other activities, supplies and
materials reasonably necessary or incidental to the operation of such airport
or landing field.
(e) Contract at the expense of the
indemnifying the ferry district, or the town,
from injuries to persons or property arising
operation of such airport or landing field.
ferry district for insurance
or both, against loss arising
out of the maintenance and
(f) Cause ferry district property to be insured against loss or damage
from fire or other hazard.
. (g) Lease such portion of the airport or landing field not required for
airport or landing field purposes for any legal business purpose.
The exercise of any power authorized by paragraphs (d) and (g) of this
section shall be subj ect to the approval of the town board after a public
hearing held by the board of ferry commissioners. Notice of such public hearing
shall state generally the purpose thereof, describe briefly the terms of the
license, concession, privilege or lease and specify the time when and place
where the board of ferry commissioners will meet to consider the proposition
and to hear all persons interested in the subject thereof concerning the same.
Such notice shall be published and posted in the same manner as in the case of
the establishment of the ferry district.
All revenues, of whatsoever kind or nature, arising out of the maintenance
and operation of such airport or landing field, shall be the property of the
ferry district, and shall be treated in the same manner as prescribed in
section six hereof as to ferry revenues. All costs, expenses and liabilities,
of whatever kind or nature, whether tort or contract, arising out of the
ownership, maintenance and operation of such airport or landing field shall be
charged against the ferry district and paid out of ferry district funds. The
annual estimate required to be made by the board of ferry district
commissioners pursuant to section ten hereof shall include anticipated revenues
and expenditures arising out of the ownership, maintenance and operation of
such airport or landing field. [Added by Chapter 620 of the Laws of 1951]
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Section 6. All moneys received from ferriage charges shall be deposited
daily in banks or trust companies in the state of New York and the state of
Connecticut to be designated by the supervisor of the town of Southold and to
the credit of such supervisor. The supervisor shall execute and file with the
town clerk additional security for the safekeeping and lawful application of
such moneys in such amount and with such sureties as the town board shall
approve. The expenses incurred in connection with any such undertaking shall be
a charge against the district. The ferry commissioners shall on or before the
tenth day of each month, file with the town clerk of the town a report of their
activities during the preceding month in such detail as the town board shall
require. Each such report shall contain a statement showing the amount of
ferriage charges collected and all obligations of the district unpaid at the
time of filing the report. All claims against the district shall be audited
monthly by the town board and paid by the supervisor from moneys remaining to
his credit and belonging to the ferry district. Out of such moneys the town
board may establish a revolving petty cash fund for the use of the board of
commissioners. Such fund shall be in such amount as the town board may deem
necessary but shall not at any time exceed the sum of fifteen hundred dollars
and shall continue in existence from year to year until abolished. Such petty
cash fund shall be placed in an account in the name of the commission and shall
be under the control of the manager and expenditures therefrom shall be made
only for payment in advance of audit of properly itemized and certified or
verified bills for materials, supplies and services other than employment,
provided, however, that expenditures not in excess of ten dollars at anyone
time may be made for cash purchases of necessary materials or supplies. A
statement of expenditures from such petty cash fund and their purposes together
with the bills or vouchers therefor shall be a part of the monthly report to
the town board. Upon audit by the town board such petty cash fund shall be
reimbursed in the amount of the expenditures allowed. In the event that any
such bill or expenditures are disallowed the manager shall be personally liable
therefor. [Amended by Chapter 82 of the Laws of 1950; & Chapter 916 of the Laws
of 1983]
Section 7. The annual meeting for the election of commissioners shall be
held on the second Tuesday in August. At the first annual election one ferry
commissioner shall be elected for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years and one
ferry commissioner shall be elected for a term of five years, to commence on
the date of this election. Successors to such ferry commissioners shall be
elected for terms of five years each. The commissioners shall organize by the
election from their number of a chairman who shall preside at all meetings of
the board of commissioners. The commissioners shall meet monthly on the second
Tuesday in each month for the transaction of the business of the district.
Special meetings may be held at the call of the chairman. Each commissioner
shall receive for his services the sum of twenty-five dollars for each meeting
of the board actually attended by him, provided that the aggregate compensation
which any such commissioner may receive for services rendered during any year
shall not exceed the sum of five hundred dollars. In addition thereto each
commissioner shall receive his expenses actually and necessarily incurred in
the performance of the duties of his office. Such expenses shall be paid from
the funds of the ferry district after audit and approval by the town board.
[Amended by Chapter 27 of the Laws of 1948; Chapter 82 of the Laws of 1950; &
Chapter 968 of the Laws of 1973]
Section 8. The manager shall be the administrative head of the district
and shall devote his entire time to the duties of his office. Before entering
upon the duties of his office, the manager shall take the constitutional oath
of office and file the same in the office of the town clerk of the town. The
functions, powers and duties of the commissioners relating to the operation and
maintenance of Fishers Island ferry shall be exercised and pe,formed by the
manager or under his supervision subj ect to the direction and control of the
commissioners. The manager shall exercute and file with the town clerk of the
town an undertaking for the safekeeping and lawful application of any funds of
the district which may come to his hands in such amount and with such surety or
sureties as shall be approved by the town board of the town.
Section 9. The annual meeting shall be held within the district at a place
to be fixed by the commissioners. The commissioners shall cause notice to be
posted in five public places in the district at least ten days before the date
of the annual meeting. The notice shall state the time, place and object of the
meeting and the hours that the polls are to remain open. The polls shall be
open for a period of four hours to be fixed by the commissioners. Voting shall
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be by paper ballot to be provided by the commissioners. Such ballots shall
conform as nearly as may be to ballots for primary elections provided by
section one hundred eight of the election law. The expense of the annual
meeting shall be a charge against the district. Electors of the district
qualified to vote for town officers of the town of Southold at the preceding
town election and owners of real property situate within the Fishers Island
ferry district assessed upon the last preceding town assessment roll shall be
eligible to vote at any such annual election. The members of the board of
commissioners shall appoint a board of inspectors consisting of a chairman and
two tellers, all of whom are resident taxpayers but not members of the board of
commissioners and such board shall serve as the inspectors of election and at
the close of the polls shall canvass the vote and certify the result of the
election. A certificate of the result executed by the inspectors of election
shall be filed in the office of the town clerk of the town of Southold.
[Amended by Chapter 132 of the Laws of 1957; & Chapter 637 of the Laws of 1962]
Section 10. The fiscal year of the district shall commence on the first
day of January and end on the thirty-first day of December. The commissioners
shall prepare detailed estimates in writing of the anticipated revenues and
expenditures for such district for the purpose of determining the amount of
money required to meet the expenses of operation and maintenance of the
district and district property and improvements for the fiscal year commencing
on the first day of January next succeeding. Upon the completion of such annual
estimates, the commissioners shall adopt a resolution specifying the time when
and place where a public hearing will be held upon such annual estimates and
require the manager to give notice of such hearing. Such hearing shall be held
on or about the twentieth day of August in each year. Notice of such hearing
shall be published once in one newspaper having general circulation within the
district at least ten days prior to the time of such hearing. At the time and
place specified in such notice, the commissioners shall meet and review said
annual estimates, At such hearing any person may be heard in favor of or
against such annual estimates as compiled or for or against any item or items
therein contained. After such hearing the commissioners may increase or reduce
any item contained in such annual estimates. Thereupon the commissioners shall
approve such annual estimates and submit the same to the town board of the town
for its action thereon in the manner and within the time specified in section
two hundred two-a of the town law. The town board shall add to any such
estimate installments of principal and of interest accruing during such fiscal
year on any town bonds issued to provide funds for the payment of the cost of
acquisition, construction and equipment of the ferry, The amount of such
estimate as approved by the town board shall be raised by tax upon all the
taxable real property of the district, at the same time, in the same manner and
by the same officers as town charges are raised by tax therein, and when
collected shall be paid to the supervisor of the town. All of the provisions of
section two hundred two-a of the town law, not inconsistent with the provisions
of this act shall apply. [Amended by Chapter 637 of the Laws of 1962]
Section 11. No commissioner, officer, employee or agent of the district
shall have any personal interest in any contract, lease or agreement executed
pursuant to this act or in furnishing labor or materials for the district.
Section 12. If the courts of the state or of the United States shall
adjudge any section or sections, provision or provisions of this act
unconstitutional or void, then such determination shall affect only the section
or sections, provision or provisions so adjudged to be unconstitutional or
void, and shall not affect any other section or provision of this act. [Added
by Chapter 27 of the LawS of 1948]
Section 13. All contracts for public work and all purchase contracts shall
be let to the lowest responsible bidder after advertisement for bids where so
required by section one hundred three of the general municipal law. [Added by
Chapter 650 of the Laws of 1968]
Section 14. Notwithstanding the provisions of any general, special or
local law inconsistent herewith, all acts done and proceedings taken by the
board of ferry connnissioners relating or pertaining to work performed and
materials furnished by Thames Shipyard and Repair Company of New London,
Connecticut, in relation to repairs and improvements to the ferry vessel Mystic
Isle owned by the Fishers Island Ferry District during the period from October
twenty-three, nineteen hundred sixty-seven to January thirty-one, nineteen
hundred sixty-eight, are hereby legalized, validated, ratified and confirmed.
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(b) Notwithstanding the provisions of any general, special or local law
inconsistent therewith, the claim of Thames Shipyard and Repair Company of New
London. Connecticut in the sum of thirty thousand five hundred eighty-nine
dollars and twenty-eight cents for repairs and improvements to the ferry vessel
Mystic Isle during the Period from October twenty-third, nineteen hundred
sixty-seven to January thirty-one, nineteen hundred sixty-eight is hereby
legalized, validated, ratified and confirmed, subject, however, to the audit
thereof by the town board of the town of Southold in the manner provided by
law, whereupon such claim may be paid from moneys of the Fishers Island Ferry
District available therefor. [Added by Chapter 650 of the Laws of 1968]
Section 15. (1.) The town board of the town of Southold on behalf of the
district, may establish one or more reserve funds for the financing of all or
part of the cost of a "specific object or purpose" or a "class of objects or
purposes", as such terms are defined in section 2.00 of the local finance law,
which may be constructed, reconstructed, acquired or provided by or on behalf
of such district. The authorization of the establishment of such a fund shall
be subject to a permissive referendum in the district and shall set forth the
estimated maximum cost of any such specific object or purpose or class thereof.
(2.) There may be paid into such fund such an amount as may be provided
therefor by budgetary appropriation or such district revenues as are not
required by law to be paid into any other fund or account. Any amount to be
assessed, levied and collected in the district to provide money for such fund
shall be assessed, levied and collected in the same manner and at the same time
as the amount to provide for the costs of operation and maintenance of such
district.
(3.) An expenditure may be made from such a reserve fund only by the
authorization of the town board and only for a specific object or purpose or
class thereof, the cost of which may be financed therefrom.
(4.) The town board may authorize the transfer to the credit of a reserve
fund created pursuant to this section for the district, any unexpended balance
remaining in another reserve fund created for the district. If the object of
purpose or class thereof for which the latter fund was established has been
completed, acquired or provided, a sum sufficient to satisfy all outstanding
claims arising from such completion, acquisition or provision shall be retained
in such fund and not transferred. [Added by Chapter 916 of the Laws of 1983]
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