Page images
PDF
EPUB

payment of bonds.

EUC

Erection of ball.

Tax for. § 4. The bonds so issued and negotiated shall be a valid in

debtedness of such town, and shall be a town charge, and the amount payable by such town on account thereof each year shall be levied by the board of supervisors of Saint Lawrence county, at its annual meeting next preceding the date each of such payments shall be due upon such town, in the same manner as other town

charges. of $ 5. The town board of such town is hereby authorized and

directed to erect or cause to be erected upon the site acquired as provided under the second section of this act, or in case the electors of said town are not in favor acquiring a site as therein mentioned, upon the site now owned by said town, such town hall, and complete the same for the purpose provided in the first section of this act; which authority may be exercised by a committee, appointed by a majority of said board. The said town board is authorized and directed to receive and expend for such purposes the moneys so borrowed, as provided in sections one and two of this act.

§ 6. This act shall take effect immediately.

Chap. 30.
AN ACT legalizing action by the boards of supervisors changing

the time of holding town meetings.
Became a law February 28, 1899, with the approval of the Governor. Passed,

three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The acts, resolutions and proceedings of boards of supervisors under the authority conferred by chapter three hundred and sixty-three of the laws of eighteen hundred and ninetyeight, changing the time of holding town meetings in their respective counties to the first Tuesday after the first Monday in No. vember, are hereby legalized, ratified and confirmed, and in such counties town meetings shall be held in the year eighteen hun. dred and ninety-nine only on that day.

§ 2. This act shall take effect immediately.

charter

Chap. 31.
AN ACT to amend chapter three hundred and sixty of the laws

of eighteen hundred and ninety-seven, entitled "An act to in-
corporate the city of Geneva,” relative to local improvements.

Accepted by the city.
Became a law February 28, 1899, with the approval of the Governor. Passed,

three-fifths being present.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:

Section 1. Section one hundred and forty-four of chapter three city hundred and sixty of the laws of eighteen hundred and ninety- amended. seven, entitled "An act to incorporate the city of Geneva," is hereby amended so as to read as follows:

§ 144. If the board of public works shall decide on its own Notice of motion that any street or section of a street ought to be paved, propter repared or macadamized, or that any street or section of a street ought to be graded, or if the owners of more than one-half of the real estate fronting thereupon, exclusive of any portion thereof owned by the city, shall petition it therefor, it shall publish for at least two weeks a notice in one or more of the newspapers of the city, that at a time and place to be therein specified, it will meet to make a final determination in respect thereto. Such notice shall contain a brie" description of the character, location and ex. tent of the improvement, and of the material to be used therein. Any person interested shall be entitled to be heard at such meet. ing in opposition to such improvement. If before such meeting a Protests protest against the improvement, in writing, signed by the owners same. of two-thirds of the frontage upon such streets or section of the street, and acknowledged as deeds of real estate are required to be acknowledged, be filed with said board, it shall not order the proposed improvement, nor shall it again consider the same within one year; but the owner of a majority of the frontage of a smaller section of the same street, not less than one block, may file with said board a petition therefor, and in that case said board may order the improvement as therein requested. If the board shall finally determine to make the im. Apportion provement, it shall record an order therefor in its minutes, shall cost. ascertain the whole cost thereof, and shall apportion the same upon all the real estate fronting upon said street or section of

local im

against

ment of

council.

bonds.

a street then to be improved in proportion to the frontage of the respective lots and parcels thereof, first deducting the share thereof hereby imposed upon the city, and the share of any portion thereof which any street or other railway company may be

liable to pay. The word “ pavement” as herein use? is intended R. port to to include curbs, gutters and drains or storm sewers. The

board of public works shall report such apportionment and the amount for which such railway company shall be liable and a list of all the lots and parcels of land liable to assessment, with their respective frontage, to the common council, and shall cause the share of the cost of such improvement for which the city is liable to be paid out of the highway fund, and if there be not suficient money in said fund for that purpose, and to meet the necessary street expenses until taxes for the next year are paid in, shall report the defi. ciency to the common council, which shall borrow the neces. sary amount, and pay it into the highway fund, and include it

in the next tax levy, and the amount so borrowed shall be repaid Issue of within one year from the proceeds of such tax. But the con

mon council may in its discretion, instead of including the amount so borrowed in the next tax levy, issue bonds for the amount it so borrowed, or any part thereof, in such amounts and for such time as they shall deem advisable. Any bonds, however, so issued shall not be sold for a sum less than the por value thereof, and shall bear interest at a rate not exceeding five per centum per annum. The provisions of section one

hundred and eleven of title twelve of this act shall apply as to the Assessment payment of the principal and interest of said bonds. The coinl

mon council shall assess upon any railway company its share of the cost of said improvement which said share shall be the cost of that portion of the improvement between its tracks, the rails of its tracks and two feet in width on each side of the rails outside its tracks, but shall not include the cost of curbs, gutters or storm sewers or any part thereof. Its portion shall be assessed against any railway company in the same manner as other assessments for local improvements, and the amount so assessed shall be a first lien upon all the property and franchises of such railway company within the corporate limits of said city, until fully paid. This section shall not only apply to streets or sections of streets repaved or repaired or to be repaved orerepaired, but also to such streets or sections of streets that are newly paved or are to be

of cost.

de sa

Pon all timents

newly paved. The common council shall assess the residue of such expense upon all the real estate fronting upon said street or section of a street, as hereinbefore provided, in proportion to the frontage of said lots and parcels of real estate respectively, and shall designate in such assessment the names of the owners of said real estate, and the number of feet of frontage owned by them respectively, and shall thereupon cause a notice to be pub- Notice of lished in one or more newspapers, printed in the city for two me weeks, that such assessment has been made, and that the common council will meet at a time and place to be stated in said notice, to hear any objections which may be made to such assessment, and in the meantime the said assessment may be examined, without expense, by any person desiring to examine the same. At Hearing of the time and place specified in such notice, the common council shall hear such objections as shall be made to the said assess. . ment, and shall review the same and may adjourn such proceed. ings from time to time, and may alter and amend the said assess. ment in their discretion; and when it shall deem it to be correct, it shall confirm the same and the said assessment shall be forth. Confirma. with collected in the same manner as other assessments are sessment. collected by the treasurer, as provided in this act, and the amount thereof shall be placed in the highway fund, and shall be expended only for the purpose of defraying the expense of said improvement. If any real estate so assessed belongs to the city, the amount of the assessment thereupon shall be paid out of the general city fund, or in the discretion or the comma council the same may be paid out of the highway r’und in the same manner as other expenses for local improvements are paid, and may be raised in like manner. Intersecting or abuiting Intersectstreets shall not be considered property owned by the city of ting stritis Geneva in determining the proportion of the entire cost of any local improvement hereafter apportioned, which shall be borne by the city, but that portion of the paving repairing or macad. amizing within any street intersection, that the board of public works shall deem properly belonging to an intersecting or abut. ting street, shall be added to the city's share in determining the apportionment, and when such intersecting or abutting street shall hereafter be paved, repaired or macadamized, such portion of the cost of the improvement at said intersection, as the board of public works shall deterinine, shall be added to the cost of the improvement of such intersecting or abutting street and the

assess

o rjections.

ti on and as

ing or a out

tion

Cost of tridges and extra work.

tionment or
assess
ment.

amount thereof shall be deducted from the city's share of the cost Applica... of such improvement. This section shall apply to the apportion.

ment of the cost of paving any street or section of a street, where the apportionment of the cost thereof has not yet been confirmed

by the common council, and any apportionment made and not con. and firmed, may be corrected as herein provided. The city shall also

pay the cost of the construction of all bridges and extra work not properly a portion of the paving, repairing or macadamizing, but

incurred in consequence thereof, in the same manner as the city's New appor: share of the entire cost is paid. In case any apportionment or

assessment heretofore or hereafter made for a local im. provement shall have been or shall be set aside by any court of this state having competent jurisdiction, or shall fail or shall have failed through any irregularity in mak. ing or confirming such apportionment, or assessment, it shall be lawful for and be the duty of the common council forthwith to cause a new apportionment or assessment including the interest and expenses of the former apportionment or assessment to be levied and collected; and such new apportionment and assess

ment shall have the same iorce and effect as though no former Apportion- apportionment or assessment had been made. The apportion

ment of the cost of paving, repairing or macadamizing of any street or section of a street may be made either before or after

the work is completed, and the amount so apportioned and asPower to sessed shall be collected as hereinbefore provided. If the appor.

tionment shall be made before the work is completed, the com. mon council shall borrow whatever amount may be necessary to pay for the construction of the work during its progress, and the

amount so borrowed shall be placed in the highway fund, and Correction shall be expended only in payment of such improvement. Any

apportionment so made may be corrected, and as corrected shall be apportioned and assessed and confirmed upon the completion of the work in the manner hereinbefore provided, and shall have the same force and effect as though no former apportionment or assessment had been made. The common council may also borrow the amount of the total assessment upon property owners and railway company, and pay the same into the highway fund to be expended only for such local improvements, and the amount so borrowed shall be repaid within one year either from the sale of the city's bonds, to be issued as hereinafter provided, or from the amount received from the assessments upon said

ment, when may be made.

borrow money.

of apportionment.

borrow money.

« PreviousContinue »