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equal annual installments, covering a period of not less than five Filing of options.
years if such persons shall so elect. The options shall be filed in writing with the city clerk, within the said ten days, and shall state what portion of the deferred assessment the person filing the
same elects to pay and the time, subject to the above restriction, Collection within which he will pay the same. of whole
In case any person assessed ments upon neglects to elect within the ten days, the common council shall failure to
direct the chamberlain of the said city in the warrants delivered to him, as provided by this act
to collect the whole of said assessCollection ment at once.
In case any person shall elect to pay his assessments.
ment in installments, the common council shall direct the chamber. lain in said warrants to so collect the same. Such directions shall
conform in amount to the options filed with the city clerk. Issue of
2. After the expiration of the time allowed to file such options of bonds for deferred
with the city clerk, the common council shall have the power and they are hereby authorized to issue the bonds provided for in this section twenty-three, for the amount of the deferred assessments which the persons assessed have elected to pay by installments, including the deferred assessments to be paid by the city at large, together with the cost and expenses of issuing said bonds, pro
vided; however, that the amount of such bonds shall not exceed Payments five-sixths of the total cost of making said improvements. The of interest and bonds.
proceeds of all assessments and taxes collected by the chamberlain of the persons assessed, as herein directed, shall be applied by him in the payment of said bonds, with the interest thereon, as they shall become due; and in no case shall said chamberlain or common council use the proceeds of such taxes or assessments for any other purpose than the payment of said bonds and interest
thereon. Council to
3. Whenever the common council shall have anticipated the colorder coltaxes and lection of the taxes and assessments for paving or sewering as
provided by this section twenty-three, they shall, in the assessment-rolls confirmed and filed with the clerk of said city and in the warrants and assessment-rolls issued to the chamberlain of said city, as provided by this act in cases of paving or sewering, command the chamberlain to collect from the several persons named in the assessment-rolls, the several sums named in the last column of said rolls opposite their respective names or so much thereof as shall be specifically ordered by said common council. Said common council shall, by resolution, direct the several
collection of install ments.
may be come due.
deferred assessments in said rolls to be paid in equal install. First war. ments in one, two, three, four or five years, from the date of the warrant, in which case the first warrant to the chamberlain shall command him to collect from the several persons named in said assessment-rolls the portion that is to be paid at once of the several sums mentioned in the last column of said rolls opposite their respective names. The remaining or deferred unpaid assessments shall bear interest commencing the day the first warrant is delivered to said chamberlain. If any person assessed has Entire aselected to pay at once the entire assessment, or has neglected to make an election his assessment shall become due at once, and the said chamberlain shall take the same and give to the party 50 paying a receipt for the entire assessment. After the expira- Subsequent tion of one year from the date of the delivery of the first warrant for col
lection of to said chamberlain, the said common council shall annex to said roll a second warrant similar to the first warrant commanding the said chamberlain to collect the said unpaid installments and the interest thereon, and, from thenceforth, when any of the respective successive unpaid installments shall become due and payable, said common council shall issue the proper warrant for the collection of said installments so due and payable, together with interest, attach the same to said assessment-roll, and deliver the said warrant so attached to said chamberlain, which warrant shall command said chamberlain to collect the installment due and payable, describing it, together with interest thereon; and said common council shall repeat the said warrant until the said installments together with interest thereon shall be fully paid. All of said warrants shall direct the chamberlain to accept the balance of any of said assessments due or to become due from any party assessed, who desires to pay the same, and give a receipt in full therefor; but in such case the chamberlain shall collect interest on said assessment for the full time for which its payment was deferred. If any of the Collection
of unpaid said installments, or any part thereof, either principal or interest, Install. shall remain unpaid for ninety days after the time of the delivery of the warrant for the collection thereof, then, in that case, the whole amount of the unpaid assessment against the defaulting party shall, at the option of the common council, become and be due immediately from the default so made and the said common council shall, by their warrant, command the said chamberlain to
Lien of tax or as
collect the same with interest, costs and fees, immediately, and
for the collection of special assessments in like cases. Interest
4. In no case shall the rate of interest upon such unpaid taxes paid taxes,
or assessments, or unpaid installments thereof exceed the rate
issued as herein provided on account of said improvements. Such sessments.
tax or assessment and unpaid installments thereof with interest
which the same is so assessed as provided by this act in cases of Enforce special assessments for paving or sewering. In case default shall thereof.
be made in paying any such installment, or assessment, or any
of special assessments in like cases. bonds in
5. Whenever the common council of the city of Gloversville
has made such improvements in which part of the cost of the collections.
same is to be paid by the city at large and part by assessment
vided and less the amount to be paid by any street, surface or Limitation.steam railroad corporation; but the total amount of bonds so
issued shall not exceed fifty thousand dollars. Designa
6. When the said common council has deemed it necessary to be raised, anticipate the collection of taxes or assessments for such improve
ments they shall, by resolution, designate the amount of money
particular assessments for which such bonds are to be issued.
by the clerk, sealed with the seal of the city, and shall be counter
tion of amount to
signed by a majority of the common council of said city then in
Proceeds of tion of the proceeds realized on said bonds shall be placed to the credit of the sewer fund or to the highway fund. The chamberlain shall place such proceeds to the credit of the fund as designated by the common council; and such proceeds shall not be used for any other purpose except for the payment of the indebtedness created in making such improvements, including interest and the cost and expense of advertising and publishing and issuing of said bonds.
9. Any provisions of this act inconsistent with the provisions of Proceedthis section twenty-three shall not restrict, impair or invalidate sued not
invalidated any proceedings taken by the common council of said city under or by virtue of said section, nor invalidate any of the bonds issued by the common council as provided for herein.
10. No action to set aside, cancel or annul any assessment made Actions to under the provisions of this section twenty-three shall be main-assess
ments, ota, tained by any person unless such action shall have been commenced within thirty days after the delivery to the chamberlain of the city of the first assessment-roll and warrant as provided in this act and unless within said thirty days an injunction shall have been procured by such persons from a court of competent jurisdiction restraining the common council from issuing the bonds or other certificates of indebtedness hereinbefore provided for.
§ 2. Section six of title five of said act is hereby amended to read as follows:
§ 6. No money shall be borrowed or any debt contracted or Restria liability incurred except for the ordinary expenses of said city fabring of
liability, within the income of the current year and except as provided by
tions on ig. curring
Liability for debts created.
section twenty-three of this title, nor any money or property of the city appropriated except for the particular purpose for which it was raised. But when the raising of money shall be ordered as provided by this act, the amount so ordered or any part thereof, may be borrowed or a liability incurred until the amount can be raised by tax as herein provided. Any officer or person who shall assume to create a debt or incur a liability or appropriate any money or property of the city or school district thereof contrary to the provisions of this act, or shall assent thereto shall be personally liable for such debt or liability and to the city for such money or property so appropriated and each alderman or member of any board present when such violation shall have been enacted shall be deemed to have assented thereto unless his dissent be expressed and he request the same to be entered in the journal. Any will. ful violation of the provisions of this section shall be a misdemeanor.
§ 3. Section eight of title thirteen of this act is hereby amended to read as follows:
$ 8. All charges and accounts against said city for services rendered, acts done, or means, provisions or supplies furnished under the directions of the commissioner of charities of said city under the provisions of this act or otherwise, shall be made out in items, duly verified, by the persons entitled to the payment therefor and presented to the common council at the first regular meeting of said council in each month for all claims and demands incurred or which may have accrued during the preceding month. All such claims, accounts and charges shall be audited and paid by the common council.
§ 4. This act shall take effect immediately.
Accounts against city.