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Employment of

water

supply.

received from the sale of bonds, and may reduce and cancel said bonds, when the money. in. said water fund has been either wholly or partly disbursed.".

§ 10. It shall be the duty of said commissioners to examine and engineers, consider.all-matters relative to supplying the city of Auburn with a sufficient quantity of good and wholesome water, and for that purpose they shall have power to employ engineers, surveyors and sich other persons as they shall deem necessary; they shall adopt Plans for such plans as in their judgment will be most expedient for procuring such supply of water, which shall embrace the proper distribution of main pipes for a supply to all the streets in said city, so far as said commissioners shall deem the same expedient, and also the furnishing and placing such number of street hydrants for sup plying water for the extinguishment of fires, as they shall deem advisable. For that purpose they shall have power to contract perty and for and purchase, and take by deed or other instrument, under seal, in the name of said city, all lands, tenements, hereditaments, rights or privileges whatever, situate at any place within the county of Cayuga, which may be required for the purpose, and to contract for the execution of the work, or any part thereof, or the Entry upon supply of any necessary material, and the commissioners and their agents and employes, are authorized to enter upon any land or Agreement water for the purpose of making surveys, and to agree with the owner of property, real and personal, which may be required for the purposes of this act, as to the amount of compensation to be paid such owner.

Power to take pro

con

tract.

lands.

with owner.

ings in case

ment.

Appointment of commissioners.

Proceed- § 11. In case of disagreement between the commissioners and of disagree the owner of any property, rights or easement, as to the amount of compensation to be paid, or in case any such owner shall be an infant, insane, absent from the state, unknown, or the owner of an uncertain or contingent interest, the supreme court at any special term in the seventh judicial district, or the county court of Cayuga county, at any special term thereof, upon the application of such commissioners after ten days' personal notice to such owners, to be served upon an infant or insane person in the same manner as a summons in a civil action in the supreme court, is required by law to be served upon them, or where such notice can not be served within the state, or the party in interest is unknown, after three weeks' notice of such application shall have been published in all the daily newspapers of the city of Auburn,

commis

shall appoint three disinterested persons as commissioners, to ascertain and appraise the compensation to be made to such owners who, upon being duly sworn faithfully and impartially Duties of to discharge their duties, shall examine the said property, take sioners. such evidence as may be offered before them, and estimate, determine, and report to said court, appointing them the several sums which will be a just compensation to such owners respectively, for the appropriation to the purposes of this act of any property, right or easement which may be required, or for the temporary use thereof.

tion of

notice.

§ 12. The said water commissioners may, after the final com- Confirmapletion and making of said report, after publishing a notice report after for three successive weeks in a newspaper published in said city of Auburn, of their intention so to do, present the same for confirmation to the court in which the proceedings were instituted. No other papers shall be read by either party, upon the application to confirm said report, than the evidence and objections taken before said commissioners, which shall accompany said report. Only such persons who shall have filed written objec tions shall be heard upon such application. The court may confirm the said report in whole or in part. In case such report shall not be confirmed by said court, as to one or more or all of such owners or parties interested, the court shall, without notice, appoint the same, or three other disinterested persons as commissioners of estimate, who shall proceed with reference to the owners or parties interested, as to which said report shall not be confirmed in all respects as above specified, and the report of such commissioners shall be treated as final, and shall be confirmed by the court. When such report shall have been Deposit or confirmed by said court, the said commissioners may deposit or awards. pay to such owners, or to such other person or persons as the court shall direct, the sums mentioned in said report as and for full compensation for the property so required, and upon furnishing satisfactory proof thereof to the said court, an order Order of shall be made stating the said proceedings, and such payment effect or deposit, which order shall be prima facie evidence in all courts, of the facts therein recited, which shall be recorded in the records of deeds in the clerk's office of Cayuga county, and thereupon the city of Auburn shall become and be seized in fee, of the property and rights so acquired, and shall be discharged from

payment of

court and

thereof.

Supplying of water.

Scale of

water rent.

of same.

Regulation

all claims and demands by reason of the appropriation and use

thereof.

§ 13. The said commissioners may furnish water to owners or occupants of property lying outside of, but adjacent to the city of Auburn, as well as to residents of said city. Said commissioners shall establish a scale of rent to be charged and paid from time to time, either in advance, or at such time and times as the commissioners shall prescribe, for the supply of water, to be called "water rates or rents," which shall be based on actual consumption of water, as determined by meter or apportioned to the different classes of buildings and premises in, or adjacent to said city, with reference to their ordinary uses for dwellings, stores, shops, stables, and other purposes, number of families or occupants, sprinkling of lawns, or consumption of water as near as may be practicable, and according to the judgment and disAlteration cretion of said commissioners; and may, from time to time, alter, amend, modify, increase or diminish such rents in said scale, and extend it to other descriptions of buildings, establishments or uses; but the rents shall be so fixed and kept, after the second year of operation of said water works, that the annual aggregate amount collected therefrom, shall be at all times equal to at least three per centum of the then existing water debt of said city, over and above all expenses of repairs, maintenance, management, salaries and interest on existing water debt. Said commissioners may also establish annually a rate or sum not exceeding fifteen thousand dollars, which shall be paid by the city of Auburn nnually for fire protection to property within its limits, and for water used by it for street and sewer purposes, water troughs and in city buildings, exclusive of hosehouses and school buildings. The common council shall annually levy and raise the amount of money so established by said water board, and the amount so to be raised shall be levied and collected at the same time, and in the same manner, as other gen eral taxes of said city are levied and raised, and in addition thereto, and shall be paid by the city treasurer to said water board upon its order, and shall be used, applied and expended under the direction of the water commissioners.

of rent after second year.

Rate for city.

Levy and collection

of tax.

Connecting or supply pipes.

§ 14. The connecting or supply pipes leading from buildings or yards to the distribution pipes, shall be inserted and kept in repair at the expense of the owner or occupants of the premises,

and shall not be inserted or connected with the main pipe, until a permit therefor shall be obtained from said commissioners, and all such connecting or supply pipes and fixtures shall be constructed, laid and placed in the manner directed by said commissioners.

receipts for rents, how applied.

Any Investment

of surplus.

§ 15. The entire receipts for water rents, after deducting there- Annual from such sums as may be necessary to defray the expenses of repair of said water works, and of extending the same, and other necessary expenses incurred by said board; including the salaries and compensation of its employes, shall be applied toward the payment of the interest on the loan, and the creation of a sinking fund for the payment of the principal of the loan, as it shall, from time to time, become due and payable, which sinking fund shall be managed by said commissioners. surplus money remaining in the hands of said water board, received from said water rents, or from any other source, for water so furnished the city of Auburn, and residents therein or adjacent thereto, after the payment of the interest upon said water loan, and the expenses of operating and maintaining said water werks, in any one year, may be invested by said water commissioners, either in the bonds of the United States, the state of New York, or any bond of the city of Auburn. All bonds purchased under the provisions of this act, shall be Bonds purstamped by the commissioners as belonging to said water loan; and shall be deposited with, and held by the city treasurer, who shall collect the interest thereon, and place the same to the credit of said water loan, which said interest so collected, may from time to time, be invested by the water commissioners, in bonds of the United States, the state of New York, or any bonds of the city of Auburn.

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chased.

moneys

ment of

§ 16. All moneys collected by the water board for water, Deposit of together with the money levied, raised and paid by the city for collected. water purpose, shall be deposited to the credit of the water board, in one or more banks, banking houses or trust companies, to be designated by the water board, and shall be payable only on Disburse the order of two commissioners, countersigned by the clerk or acting clerk of the board. No money shall be drawn from the water fund in the hands of the city treasurer, except on an order signed by all the commissioners. All orders for money so deposited or kept, shall specify for what purpose the amount named

funds.

Bond required of

therein shall be paid, and the clerk of the board shall keep an accurate account of all orders drawn on said fund, in a book to be kept by him for that purpose, and shall report at each monthly meeting of the board, the amount of such orders drawn, since the last preceding meeting. The water board shall require depository from any depository designated for the deposit of such moneys, a bond in such amount, and with such sureties as shall be approved by the mayor and said water board, for the safe-keeping of such moneys, and the payment of the same as required upon the orders of the board, which said bond shall be renewed whenever required by the water board. Such bonds shall be made payable to said water board, and filed in the office of the clerk of Cayuga county, and suit shall be brought thereon by said water board, for any failure in complying with any of the conditions thereof.

Contracts

for labor and materials.

Purchase

of materials.

Proposals

for con

tracts.

Bond to accompany

same.

§ 17. Said commissioners shall have power to make all neces sary contracts for labor and materials, which said contract shall be in writing, and signed by a majority of the commissioners. Of each of said contracts there shall be three originals executed by the parties, one of which shall be given to the contractor, one to the city clerk, and one retained by said commissioners. Said board may purchase any materials, and cause any work authorized by this act to be done by its superintendent.

§ 18. Public notice shall be given by the said commissioners for at least thirty days, in one or more of the daily newspapers of said city, of the times and places at which sealed proposals will be received for entering into contracts for any materials or work, which said commissioners shall determine to purchase, or do by contract. All sealed proposals for contracts shall be for a sum certain as to the price to be paid, and no proposal which is not thus definite and certain, or which shall contain any alternative condition, or limitation as to price, shall be received or acted upon, and no more than one proposition shall be made or received from any one person for the same contract, and no proposal or contract shall be assigned, without the written consent of the commissioners indorsed thereon. Each sealed proposal must be accom panied by a bond signed by the party so proposing, and by two or more sureties justifying in all in double the sum for which the party proposes to do the work, or furnish the material, con

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