formance of his contract according to its terms, and to indem Chap. 88. AN ACT to authorize the city of Binghamton to expend a sum of money, not exceeding eighty-five thousand dollars, in the construction of a trunk sewer in the fourth ward of said city, for the purpose of conducting the sewage of and draining said ward into the Susquehanna river near the western limits of said city, and to issue bonds therefor. Accepted by the city. Became a law March 18, 1904, 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: to be ex sewer. § 1. The city of Binghamton is hereby authorized to expend Amount a sum of money, not exceeding eighty-five thousand dollars, in pended for the construction of a trunk sewer in the fourth ward of said city, for the purpose of conducting the sewage of and draining said ward into the Susquehanna river near the western limits of said city, in such manner as the mayor and common council of said city shall determine, provided it shall be decided at a special election of said city, to be held in the manner prescribed special by title fourteen of chapter two hundred and fourteen of the be held. laws of eighteen hundred and eighty-eight, being the charter of said city, that the sum of eighty-five thousand dollars, or so much thereof as may be deemed necessary, shall be raised by said city for said purpose by issuing bonds therefor; and the same procedure in the preparation, filing and adoption of plans and specifications for the work shall be had, as near as may be, election to Form of ballots. Special election, holding of. City may borrow money if authorized election. as in the case of the construction of other sewers under the provisions of the charter of said city. § 2. At such special election, the ballots shall be, “For the issuing of bonds to raise not to exceed eighty-five thousand dollars for the construction of a trunk sewer in the fourth ward of the city of Binghamton," and, "Against the issuing of bonds to raise a sum not to exceed eighty-five thousand dollars for the construction of a trunk sewer in the fourth ward of the city of Binghamton." §3. The mayor and common council of the city of Binghamton are hereby authorized to cause the holding of said special election in the manner prescribed by said title fourteen, except as necessarily modified by this act; and in case a majority of the ballots cast at such special election shall be in favor of the issuing of said bonds, the city of Binghamton, through its mayor and common council, is hereby authorized to borrow for said purpose upon the credit of said city, in pursuance of this act, said sum by special of not exceeding eighty-five thousand dollars, upon such terms of credit, not exceeding forty years, and at such rate of interest not exceeding four per centum per annum as may be deemed expedient by the said mayor and common council; and to secure said loan said mayor and common council are authorized to make, execute and deliver upon the credit and in the name of Bonds, is the city, coupon or registered bonds to be signed by the mayor and city clerk, sealed with the corporate seal of said city, in such form, in such amounts and payable at such time or times and place or places as may be determined by said mayor and common council. Such bonds, with the interest thereon, shall be a valid lien against said city, and the credit of said city is hereby pledged for the payment of the same. Such bonds shall be disposed of at public auction, or upon sealed proposals, after advertisement in the official paper and such other paper or papers as the mayor and common council shall determine, for at least two weeks, at not less than par, to the party or parties bidding the highest premium upon such bonds, at the rate per centum per annum at which it shall have been determined to issue said bonds. sue of, au thorized. Fale of bonds, 4. This act shall take effect immediately. Chap. 89. AN ACT authorizing the comptroller of the city of New York to hear, audit, determine and allow the alleged claim of Alvin Boody for services as superintendent of supplies and repairs in the office of the commissioner of parks for the boroughs of Brooklyn and Queens from August ten, eighteen hundred and ninety-nine, to December seven, eighteen hundred and ninetynine. Accepted by the city. Became a law March 18, 1904, 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 comptroller of the city of New York is hereby authorized, in his discretion, to hear the claim of Alvin Boody, for services performed as superintendent of supplies and repairs in the office of the commissioner of parks for the boroughs of Brooklyn and Queens from August ten, eighteen hundred and ninety-nine, to and including December seven, eighteen hundred and ninety-nine, and to allow him compensation therefor at the rate of an annual salary of three thousand dollars, or such amount as the comptroller shall deem just. is valid may issue bonds. § 2. If the comptroller shall approve such claim and shall deter. If claim mine the amount to be allowed therefor, he shall cause the comptroller amount necessary to pay such claim as so determined, to be revenue raised by the issue and sale of revenue bonds of said city, and in that event the sum necessary to pay said revenue bonds shall be included in the estimate made by the board of estimate and apportionment for the expenses of said city for the year nineteen hundred and four. § 3. This act shall take effect immediately. Chap. 90. AN ACT to amend section nine hundred and fifty-eight of the Greater New York charter, in relation to assessments for local improvements. Accepted by the city. Became a law March 18, 1904, 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 nine hundred and fifty-eight of the Greater New York charter as reenacted by chapter four hundred and sixty-six of the laws of nineteen hundred and one, is hereby amended so as to read as follows: § 958. Remedies limited. No suit or action in the nature of a bill of equity or otherwise shall be commenced for the vacation of any assessment in said city, or to remove a cloud upon title; but owners of property shall be confined to their remedies in such cases to the proceedings under this title. It shall be lawful however, for the comptroller, acting under the written advice of the corporation counsel, to compromise and settle claims for assessments for local improvements heretofore confirmed and interest thereon, and payments made in accordance with the terms of such settlements shall be in the nature of accord and satisfaction, and no action shall be maintainable to recover back amounts thus paid. It shall also be lawful for the comptroller, by and with the advice and written consent of the corporation counsel, to cancel in writing and annul any and all void assessments for local improvements heretofore or hereafter confirmed. § 2. This act shall take effect immediately. Chap. 91. AN ACT to authorize the city of Binghamton, New York, to borrow money for contingent and highway expenses, and to issue notes or bonds therefor. Accepted by the city. Became a law March 18, 1904, 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: contingent expenses. Section 1. The city of Binghamton, New York, is hereby author. Bonds for ized and empowered to borrow for the contingent and highway highway expenses of said city, such a sum, not exceeding fifteen thousand dollars, as the common council of said city shall determine to be necessary, and to issue the notes or bonds of said city therefor, which notes or bonds shall be for such amounts, not exceeding in the aggregate said sum of fifteen thousand dollars, and payable at such times and places, with interest not exceeding four per centum per annum, payable semi-annually, as said common council shall by resolution determine. be paid treasury. § 2. When said moneys shall have been borrowed as aforesaid, Money to the same shall be paid into the treasury of said city to the credit into city of said contingent and highway funds, and shall be paid out and expended for the ordinary contingent and highway expenses of the city only. bonds. § 3. For the payment of the principal and interest of any notes Payment of or bonds issued under the provisions of this act, the faith and revenue of said city is hereby pledged, and said city shall raise annually by tax a sum sufficient to meet the principal and interest falling due during that year. 4. This act shall take effect immediately. |