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tion of.

Assessments

therefor, how made.

§ 2. Section fourteen of title nine of chapter thirty-nine of the laws of eighteen hundred and seventy-four entitled "An act to reorganize the village of Medina " is hereby amended so as to read as follows: Sewers, § 14. The trustees are hereby authorized and empowered to conproceedstruct sewers along the line of any streets or alleys in said village or ings for construc- over under or through any lot or land in said village upon obtaining the consent in writing of the owners thereof, of sufficient capacity for surface and cellar drainage, and to make a just and equitable assessment for the expenses thereof among the owners, occupants and others interested in all the lots intended to be benefited thereby, in proportion as nearly as may be to the benefit or advantage which each shall be deemed to have acquired thereby, and shall appoint five disinterested freeholders, residents of said village, to make every such estimate and assessment, who before they enter upon their trust shall be duly sworn, before a justice of the peace in the county of Orleans, or police justice of said village, to make the said estimate fairly and impartially according to the best of their skill and judgment, and a certificate in writing of such estimate and assessment, being returned to the board of trustees and ratified by them shall be binding and conclusive upon the owners, occupants and others interested in such lots, and the assessments so certified shall be a tax upon such owner or owners and a lien upon such lots or grounds, and the said assessments shall be collected in the same manner and with the fees prescribed in this act for the collection of the general village tax. Every person acting as such assessor shall receive two dollars for each day actually employed thereat. § 3. This act shall take effect immediately.

When to

be liens upon

lands and

how col

lected.

Cost of

assessment.

Sewer

commis. sioners,

ers and duties.

office.

Chap. 71.

AN ACT to provide for the construction and maintenance
of a system of sewers in the village of Green Island, in
the county of Albany.

PASSED March 16, 1887; three-fifths being present; without the approval of the
Governor.*

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

SECTION 1. Michael Keating, Thomas H. Richardson, James Dwyer, John M. Deal and William Shannahan are hereby appointed sewer their pow-commissioners of the village of Green Island. They are charged with the construction of a system of sewerage for said village, and with the duties incident thereto, as herein provided. They shall constitute a Terms of board of sewer commissioners, and their term of office shall expire on the thirty-first day of December, one thousand eight hundred and eighty-nine. The board of trustees of the village of Green Island shall have power, and it shall be their duty, to fill any vacancy or vacancies occurring at any time in the said office of sewer commissioner, or the board of sewer commissioners; and the same must be filled within Removals thirty days after it shall occur. Said board of trustees shall have for cause. power, four trustees voting in favor thereof, to remove said sewer com

Vacan

cies, how filled.

Not returned by the Governor within ten days after it was presented to him, and became

a law without his signature. [Art. IV, Sec. 9, Constitution of the State of New York.]

to office.

oflice and

missioners, or either of them, on proof of charges of misconduct or neglect of duty in office, after giving the accused due notice of such charges, and an opportunity to be heard in defense. No person shall be eligible to said office of sewer commissioner unless he shall be at the time a taxpayer and legal voter in said village. And no person shall Eligibility be at the same time a sewer commissioner and a trustee or president of the said village. Each of said commissioners, before entering upon Oath of the duties of his office, shall take and subscribe the oath of office pre- oficial scribed by the Constitution, and shall duly execute his bond to the bond. village of Green Island, with a surety or sureties, conditioned for the faithful discharge of his duties as sewer commissioner, in such penal sum not less than three thousand dollars, as the board of trustees of the village shall direct. Said bond is to be approved as to form and as to sufficiency of sureties, by resolution of the board of trustees of the village, and shall be filed, together with the said commissioner's official oath, in the office of the clerk of the village. If any person herein- Failure to before appointed sewer commissioner, or hereafter elected as such, shall or bond, to refuse or neglect to take and file said oath of office, or to execute and create file his bond as aforesaid, for twenty days after personal notice of his appointment or election from the clerk of the village, he shall be deemed to have declined said office, and his place shall be filled as in case of vacancy.

file oath

vacancy.

board.

er's bond

§ 2. The said sewer commissioners shall, as soon as practicable after Officers of their appointment, organize by electing one of their number as president, and one of their number as secretary and treasurer, and the persons so elected shall hold office during the pleasure of the board. The treasurer shall give a bond to the said village, with surety or sure- Treasurties, conditioned for the faithful discharge of his duties as such treasurer, how in such penal sum not less than twenty thousand dollars, as the board approved of trustees shall by resolution direct. Said bond shall be approved as to form and sufficiency of sureties by resolution of the board of trustees of the village, entered upon their minutes, and it shall be filed with the village clerk and indorsed with the certificate of said clerk of such approval by the board of trustees.

and filed.

sioners to construct

sewers.

by-laws

$3. The said sewer commissioners shall have the exclusive power Commisand authority to adopt the plans for, and to construct, a system of sewerage, in and through said village of Green Island, and the streets, system of highways, alleys and public places therein; and also, so far as may be necessary to secure proper outlets for such sewers or any of them, through the lands within said village, of any person or corporation. And said commissioners shall have the maintenance and management of all said sewers until the expiration of their term of office, as hereinbefore provided. It shall be their duty to make by-laws and regula- To make tions for the protection, use and operation of such system of sewers, for use, and the several parts thereof; and to prescribe penalties for the viola- etc. tion of such by-laws, rules and regulations; and to prosecute such violations in the name of the village of Green Island; and all penal- Penalties ties collected therefrom shall be paid to the treasurer of the board of tions sewer commissioners, and shall be accounted for by him in the same manner as other funds coming into his hands as such treasurer. § 4. As soon as practicable after their organization, the said sewer Commis commissioners shall make, or cause to be made, surveys and plans for a general system of sewerage in and for said village, and shall obtain vey and competent and reliable estimates for the construction thereof; and sewerage shall thereupon file such surveys, plans and estimates with the secretary of said board of commissioners for the inspection of all parties

for viola

thereof.

sioners to cause sur

plan of to be

made.

How filed. interested, and shall give public notice of the filing thereof as aforesaid. They may, in their discretion, give opportunity for interested Hearing parties to be heard as to any modifications or changes necessary or proper in the proposed system of sewerage, or any part thereof. And Final de as soon as possible thereafter they shall make final determination of tion there- the plan of sewerage by them adopted, and shall forthwith proceed to upon. acquire all necessary lands, easements and rights, and construct said etc., to be system of sewerage, or cause the same to be constructed.

thereon.

termina

Lands,

Village

trustees

bonds to

pay ex

pendi

tures.

Limitation.

Sewer

tion and

terest.

issue.

Bonds,

acquired. § 5. For the purpose of defraying the cost of the construction and maintenance of said sewers, and all expenditures authorized by this may issue act, including the compensation to be paid and expenses incurred in proceedings to acquire title to lands, or rights of way, or easements under or across any property, and including the expense necessary for providing competent engineering assistance and superintendence and inspection of the work herein provided for, and the employment of counsel whenever the same shall be necessary in proceedings to acquire land or otherwise, the bonds of the village of Green Island shall be issued by the board of trustees of said village to such an extent as shall be necessary, not exceeding the sum of seventy-five thousand dollars. Said bonds shall be numbered consecutively, and shall be bonds, de known as the "Green Island sewer bonds." They shall be of the nomina- amount or denomination of five hundred dollars each and shall have rate of in- interest coupons attached; and shall bear semi-annual interest at a rate to be designated by the board of trustees and not exceeding five per centum per annum payable on the first days of July and January When to in each year. The said bonds shall be issued by the board of trustees at such times and in such amounts, within the limit aforesaid, as shall be requested by the said sewer commissioners, by formal resolution of the board of commissioners, certified by the secretary of the board of commissioners, and filed with the clerk of the village. Said bonds cuted and shall be signed by the president of the village and the president of the when pay board of sewer commissioners, and shall be countersigned by the clerk of the village, who shall attach thereto the corporate seal of said village. The principal of said bonds shall be payable as follows, namely: One thousand dollars thereof on the first day of July of each and every year from eighteen hundred and eighty-eight to eighteen hundred and ninety-two, inclusive of both years; fifteen hundred dollars thereof on the first day of July of each and every year from eighteen hundred and ninety-three to eighteen hundred and ninety-seven, inclusive of both years; two thousand dollars thereof on the first day of July of each and every year from eighteen hundred and ninety-eight to nineteen hundred and two, inclusive of both years; three thousand dollars thereof on the first day of July of each and every year from nineteen hundred and three to nineteen hundred and seven, inclusive of both years; thirty-five hundred dollars thereof on the first day of July of each and every year from nineteen hundred and eight to nineteen hundred and twelve, inclusive of both years; four thousand dollars thereof on the first day of July of each and every year from nineteen hundred and thirteen to nineteen hundred and seventeen, inclusive of both years. Said bonds and the interest coupons thereon shall each be made payable at the United National Bank of Troy, in the city of Troy, New York.

how exe

able.

Where payable.

Sale of

bonds at

not less

than par.

§ 6. The said board of trustees shall, upon the execution of said bonds, deliver the same to the treasurer of the board of sewer commissioners, who shall from time to time, as he shall be directed by the said board of sewer commissioners, by formal resolution entered upon the

sale.

how kept

minutes of the board, sell said bonds at public sale to the highest bidder therefor either separately or in parcels. Notice of such sale, and the Notice of time and place thereof, shall be given for two successive weeks immediately preceding the day of such sale and in at least one daily newspaper published in each of the cities of Troy and Albany. None of such bonds shall be sold for less than par. The proceeds of the sale of said Proceeds, bonds shall be kept by the treasurer of the board of sewer commission- and paid ers upon deposit in his name as such treasurer, in some solvent bank or out. trust company designated by the trustees of the village; and said proceeds shall be held and paid out by said treasurer under the direction of the board of sewer commissioners. And all payments shall be Manner made by the check of the treasurer countersigned by the president of ments. the board of sewer commissioners, or in case of the absence or disability of the president, then by such other sewer commissioner as the board may designate for that purpose.

of pay

tax for

and in

§ 7. The amounts necessary for the payment when due of the bonds Annual herein authorized to be issued, together with the interest thereon, when village due, shall be assessed, apportioned levied and collected in the same principal manner that other village taxes are authorized to be assessed, appor- terest of tioned, levied and collected. Each year after the issuing of said bonds bonds. : the respective sums of the principal to become due and payable on the first day of July then next ensuing, according to the provisions of section five of this act, together with a sum sufficient to pay the interest which shall become due and payable at the same time and also the interest to become due on the first of January thereafter on all outstanding bonds shall be raised and applied in the payment of said principal and interest aforesaid, until the whole amount of said principal sum represented by said bonds, and the interest thereon, shall be fully paid.

sioners

may enter

streets,

village.

sewer.

§ 8. For the purpose of constructing such sewers, or such system of Commissewers, the sewer commissioners may, in the name of the village of Green Island and for said village enter upon, take, use and occupy any upon rights of the public in and to any of the streets, highways, roads, alleys, waters, public ways, lanes or streams in said village of Green Island, and in etc., in the Hudson river, between the northerly and southerly boundaries of said village; and they may enter upon, take and appropriate for the said village, by purchase or as hereinafter provided, any lands, interest, May puror estate in lands, streams, easements or rights which may be necessary Chas for the purpose aforesaid. Such lands, streams, easements and rights etc., for shall thenceforth be the property of the village of Green Island. And for the purpose of constructing and maintaining such sewers, and for laying and repairing any pipes, drains or conduits, or doing any other work necessary and proper for the purposes aforesaid, said commissioners may personally or by their agents enter when necessary upon the May enter lands of any person or corporation within said village. Whenever any lands, to street, highway, or public place shall be excavated at any time during construct the construction of said sewers, or of the maintenance thereof, it shall sewers. be the duty of said sewer commissioners to see that such excavations Excava are securely guarded, and that said street, highway, or public place is streets to restored to its former condition as soon as may be; to the end that be guardsaid village be held harmless from any injury by reason of such excavations or obstructions.

upon

or repair

tions in

ed, etc.

case of in

§ 9. In case the said commissioners shall be unable to agree with any Proceedings in person or corporation owning or having an interest in any land, stream, easement or right, for the purchase of the same, or of any right therein, ability to required for the purposes of this act, the said commissioners may, in lands,

secure

etc., by the name of said village, acquire such land, easement, right or use in purchase. the same manner and by the special proceedings prescribed in and by

Fee acquired to vest in

village. Sewerage system,

When to

be completed.

Final re

account of

ings.

Terms of

commissioners, when to expire.

chapter one hundred and forty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same," and the several acts amendatory thereof, so far as the same are applicable; and whenever such proceedings shall have been had, and the said sewer commissioners shall have complied with the requirements of said act, and the orders of the court in the premises, said village shall become seized in fee of the lands, and of the easements, rights and interests so taken and appropriated.

§ 10. The said sewer commissioners shall cause the sewers and the system of sewerage, provided for by this act, to be fully completed on or before the first day of November, eighteen hundred and eightynine. And within thirty days thereafter they shall make a final port and report and account of their proceedings, and of the construction and proceed expense of said sewers, and of all expenditures incurred by them, or paid by their order in and about the construction of the same, or under the authority of this act. And on the thirty-first day of December, eighteen hundred and eighty-nine, said commissioners' term of office shall expire, and they shall thereupon forth with account for the proceeds of all bonds disposed of by them, and pay over any unexpended balance in their hands, and surrender said sewers and all the property and apparatus of the village belonging thereto, together with a detailed map of said system of sewers as completed, to the board of trustees of said village, who shall thereafter have the custody and control of said sewers and said property. And on and after the day last Duties to aforesaid, the powers and duties of said board of sewer commissioners shall devolve upon the president and trustees of the village of Green Island. But, notwithstanding the said expiration of their term of office as aforesaid, said sewer commissioners may be compelled to account for their acts as such commissioners and the execution of their Final ac trust herein provided, in the same manner as other trustees. But proceedings to compel an accounting must be begun within one year from and after the expiration of their term of office, and must be instituted in the name of the village of Green Island.

devolve

upon cer

tain vil. lage offi

cers.

counting

of commissioners, how compelJed.

Commis

not to be

in con

tracts.

§ 11. The said sewer commissioners, provided for in the first section sioners of this act, shall not be in any manner, directly or indirectly, interinterested ested in any contract made by them; but they shall have such compensation, not exceeding three hundred dollars per year, as shall be audited and allowed by the board of trustees, to be paid out of the compen- funds provided by this act. And the treasurer of said board shall receive, in addition thereto, such compensation, not exceeding two hun dred dollars, as shall be audited and allowed by the board of trustees, to be paid out of the said fund.

Their

sation.

Treasur

er's com

pensation.

Sewers to be constructed

by con

§ 12. The said sewers and drains shall be constructed by contract; the said sewer commissioners shall have power requisite to make all necessary contracts therefor. All contracts exceeding one hundred tract. dollars in amount shall be in writing, signed by a majority of the comHow exe- missioners and executed in duplicate. One copy thereof shall be filed filed. with the village clerk, one with the secretary of the board of commissioners, and one shall be given to the contractor. The sewer commisProposals sioners shall advertise for proposals for the construction of said sewers how ad and the furnishing of materials therefor, either under one entire convertised. tract, or in parts or sections, or under several contracts, as they shall

cuted and

for work,

deem for the best interest of the village. Such advertisement shall

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