Village tax au CHAP. 159. AN ACT to authorize the people of the village of Attica to levy and collect a tax for the purpose of paying the indebtedness of said village, incurred in the repair of damage to the highways and sidewalks in said village caused by heavy rains and washouts in the spring of one thousand eight hundred and eighty-eight, and also to pay indebtedness in successfully defending the said village in an action, brought by John Porter for injury to his person, caused by upsetting his wagon in said village. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 18, 1889. 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 trustees of said village of Attica are authorized to thorized. levy upon the taxable property of said village, the sum of twelve hundred dollars for the following purposes, namely: Nine hundred and fifty dollars to pay indebtedness of said village incurred in extraordinary repairs, damage to highways and sidewalks, caused by heavy rains and washouts in the spring of one thousand eight hundred and eighty-eight. Two hundred and fifty dollars indebtedness in successfully defending the said village in an action brought by John Porter for injury to his person, by upsetting his wagon in said village of Attica, and collect the same in the same manner provided by law for the levying and collecting taxes in said village for corporate purposes. § 2. This act shall take effect immediately. Water sup ply act CHAP. 160. AN ACT to amend chapter one hundred and seventy-seven of the laws of one thousand eight hundred and eighty-seven, entitled "An act to provide for supplying the village of Sing Sing with water and authorizing the issue of bonds therefor, and to create a board of water commissioners for said village.' BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 18, 1889. Passed, three-fifths being present. The Feople of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision three of section six of chapter one hundred amended. and seventy-seven of the laws of one thousand eight hundred and eighty-seven, entitled "An act to provide for supplying the village of Sing Sing with water and authorizing the issue of bonds therefor, and to create a board of water commissioners for said village," is hereby amended so as to read as follows: Water 3. To meet any deficiency in the payment of the semi-annual interboard may est on the bonds issued under the provisions of this act, the board of money, to water commissioners are hereby authorized after first applying all the borrow interest on money in its treasury applicable to that purpose, to borrow an amount meet defisufficient to meet such deficiency and to pay such interest, which said ciency in amount the board of trustees of the village of Sing Sing are hereby bonds. authorized and directed to cause to be collected with the annual village taxes upon the receipt of a certificate from said board of water commissioners of the amount thereof, which when so collected shall be paid over by the treasurer of said village to said board of water commissioners. At each annual meeting of said board of water commis- Annual sioners a detailed report shall be made by them of all moneys received how puband expended, and the same published in one issue of one or more of lished. the village newspapers published in said village, before the first day of May of each year. It shall be the duty of the water commissioners to meet on the second Thursday evening after each annual village election, Annual and organize themselves into a board, by electing a president, secretary tion of and treasurer, and to appoint a superintendent. § 2. Section seven of said act is hereby amended so as to read as follows: report and organiza board. tax to pay pal of § 7. The trustees of the village of Sing Sing are hereby required and Annual empowered, upon the certificate and at the request of the board of interest water commissioners of said village, to include in the amount of taxes and princito be raised annually in said village, such sum as shall be required bonds. and certified by said board of water commissioners, not exceeding the Limitasum of three thousand dollars in any one year, and cause the same to be tion. collected, which when so collected, shall be paid over by the treasurer of said village to said board of water commissioners, and applied by them to the payment of the principal of said bonds, as the same may become due. issue of au able and § 3. For the purposes of carrying out the provisions of chapter one Additional hundred and seventy-seven of the laws of one thousand eight hundred villa and eighty-seven, and fully completing the work authorized thereby, bondad. the board of water commissioners of the village of Sing Sing are hereby authorized and empowered to issue bonds in the name of the village of Sing Sing for an amount not exceeding thirty thousand dollars, and payable in not less than ten nor more than thirty years from the date When paythereof, bearing interest at a rate not exceeding four per cent per an- rate of num payable semi-annually, such bonds to be in addition to the bonds interest. heretofore issued by the said board of water commissioners, under the provisions of section four of chapter one hundred and seventy-seven of the laws of one thousand eight hundred and eighty-seven, and except as herein otherwise expressly provided; such bonds to be issued and disposed of and the proceeds applied according to the provisions and Sale and requirements of section four of chapter one hundred and seventy- of proseven of the laws of one thousand eight hundred and eighty-seven, therefrom. and subject to all the restrictions therein contained, which bonds are hereby made a charge upon the real and personal property of said village of Sing Sing. application ceeds and cancel bonds. § 4. The board of water commissioners of the village of Sing Sing are Exchange hereby authorized and empowered to receive any bonds heretofore lation of issued by them from the parties holding the same and cancel such certain bonds, and in lieu thereof to issue to the parties surrendering the same, registered bonds, which shall in all other respects conform to the bonds exchanged. of water § 5. The board of water commissioners of the village of Sing Sing are Receiver hereby authorized and empowered to appoint an officer of said board, rents, etc., to be know* as the receiver of water rents and fire protection taxes, appoof. appoint * So in the original. who shall hold such appointment during the pleasure of the said board, and shall, before entering upon his duties, execute to the said board of water commissioners a bond, to be given by him with two His official sureties in double the amount to be collected, conditioned for the faithbond, how ful execution of his duties and the payment of all moneys received by and filed. him; such bond to be approved by and filed with the said board of water commissioners. approved Assessment-roll, for water and fire protection, with war rant, for § 6. As soon as possible after the first day of October in each year, and after the final determination by said water commissioners of all appeals taken from such assessments for fire protection or charges for delivery the use of water, the said commissioners shall deliver a copy of the assessment-roll for taxes, assessments and charges for use of water and collection. fire protection as finally adopted by them, to such receiver, to which shall be attached their warrant under their hands and seals, or a majority of them, commanding such receiver to collect from the several persons named in such roll the several sums as charged therein, who shall proceed to collect the same, giving notice of the time and place where he will attend for the purpose of receiving payment of said collection. taxes, such notice to be as directed by the said water commissioners; all provisions of the statutes applicable to town collectors of taxes shall, as far as may be, be applied to and govern the proceedings of the receiver of water taxes and rents; and he is hereby vested with all the power and authority possessed by town collectors for the sole purhow paid pose of enforcing the provisions of this act, which said moneys shall be paid over to the treasurer of said board of water commissioners within five days after its receipt by him. Laws applicable to Moneys collected over. Street and sewer commissioners, appointment of. Commissioners, and successors, how selected. § 7. This act shall take effect immediately. CHAP. 161. AN ACT in relation to local improvements in the town of Flatbush, and the acquisition of the rights of a plank-road company in said town. BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 18, 1889. 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 supervisor of the town of Flatbush, the town clerk of the town of Flatbush, and the president of the board of improvement of the town of Flatbush, within ten days after the passage of this act, shall meet at the office of the town clerk in the town of Flatbush, and shall appoint five citizens, residents and freeholders in said town, as street and sewer commissioners of said town. Such appointments shall be made in writing, and shall be filed in the office of said clerk, and a duplicate thereof in the office of the clerk of the county of Kings, and the five persons so appointed shall be known and desig nated as street and sewer commissioners of the town of Flatbush; and as such shall have and execute the powers hereinafter conferred. Three of whom and their successors shall belong to the political party casting the highest number of votes in said town at the last general election, and two of whom shall belong to the political party casting office. how filled. the next highest number of votes in said town at such election which is in the minority in said town, according to the vote given at the last general election, and the other three commissioners, and any successor of such three commissioners, or either of them, shall be members of the majority party of the two largest political parties, and all the Term of commissioners to be appointed, as hereinbefore provided, shall hold office for the term of five years from the date of the passage of this act. In case of the death or resignation or removal of either of such Vacancies, commissioners, or a successor appointed from the minority party, as herein before provided, the successor of such commissioner shall be appointed by the other commissioner then in office appointed from such minority party; in case of the death or resignation or removal of either of such commissioners, or his successor, not appointed from such minority party, the successor of such commissioner shall be appointed by the supervisor, town clerk and president of the board of improvement aforesaid; and all appointments to fill any vacancy made under the provisions of this act, shall be for the remainder of said. term of five years. Such commissioners shall not receive any salary, Oficial and each, before entering upon the duties of his office, and within ten days after his appointment, shall give a bond to the town of Fatbush sioners, in the penalty of twenty thousand dollars conditioned for the faithful proved and discharge of his duties; such bond shall be given with sureties resi- led. dent in the town of Flatbush, who shall justify satisfactorily to the court in a sum in the aggregate in each case equal to the penalty of the bond. Such bond shall be approved by a justice of the supreme court in the county of Kings, on such notice to the supervisor of said town as the court may require, and shall be filed in the office of the clerk of the county of Kings. The said commissioners shall organize Organizaas a board for the transaction of their duties within ten days after the board. approval and filing of their bonds. bonds of commis how ap tion of purchase franchise. to sell avenue, 2. Such commissioners are authorized for and in the name of said Commistown to purchase all the rights, franchises and property on or within stoners to the lines of Flatbush avenue in said town, as laid out on the town sur- plank-road vey map of said town, of the Flatbush Plank-Road Company, for a reasonable sum, not exceeding ten thousand dollars, to be paid by such commissioners, and to cause the amount agreed to be paid on such purchase to be paid therefor in the manner and from moneys to be raised, as hereinafter provided; and said company is hereby authorized by its Company board of directors, upon the consent in writing of its stockholders own- authorized ing two-thirds of its capital stock, to sell and convey to said town its same. property and franchise aforesaid. After such purchase shall be made, such commissioners shall have power to alter and change the lines of Flatbush Flatbush avenue in said town, as laid down on said map, in such a way range of as not to change or affect the general course and direction of said lines of. avenue, and in so doing they may reduce the width of such avenue by changing either the easterly or westerly boundary of the same as laid. down on said map, or both said boundaries, and straighten said avenue by changing any curves or turns in the same. And they may purchase Purchase or acquire, as hereinafter provided, any land required for such change, of land or abandon any land now in said avenue; in case any land owned in fee by said town is abandoned as herein provided, it shall be sold by such commissioners and the proceeds applied to the fund raised from Sale of Flatbush avenue bonds; but in all cases the owners of the land adja- abandoned cent to the land so abandoned shall in the first instance have the right by town. to purchase the same at a price, in the judgment of the commissioners, not exceeding the rate paid for land in the purchase from said plank lands of inter. secting streets. Map of avenue as lines thereof. adjacent landowners thereto. Grading, avenue. trees. Crosswalks. Extension road company. And in case either of the boundaries of said avenue are changed, the streets as laid down on said map now intersecting or meeting said Flatbush avenue shall be extended in the same general course and direction as they now run to said Flatbush avenue, as changed or altered as is herein provided. And such commissioners shall make and file a map showing the lines of Flatbush avenue as changed Flatbush or altered as herein provided, and also showing and fixing the lines of changed. intersecting or connecting streets to such avenue; and such map shall how filled. be the map of Flatbush avenue in said town. In making such map, Court-yard such commissioners may fix a line on each side of said avenue as a court-yard line; it shall not be necessary to make any improvements for highway purposes between each of said court-yard lines, and the exterior adjacent line of said avenue. Any person owning the adjaRights of cent property shall have a right to use the portion of such avenue in the court-yard immediately in front of his property, as follows: By inclosing the same with open and ornamental fences not exceeding four feet in height, and by building open porches or stoops, and having flowers and ornamental shrubbery and ornamental structures, all of which shall be subject to the supervision and control of such commissioners. Such commissioners having acquired the land necessary to make such avenue to the width fixed by the map to be filed as aforepaying and said, may improve the same by grading, curbing, guttering, flagging improving Flatbush and paving or macadamizing the same; for the purpose of making such improvement they shall have the right to change or fix the width of the Planting of carriageway and sidewalk. And such commissioners may also plant ornamental trees, and cut down or remove trees within the lines of said avenue, and may build crosswalks; and they shall make and file a map showing the sidewalk and carriageways as fixed as herein before provided. And such commissioners shall have a right to and repairs control and manage said avenue, after the same is improved as herein expense of, provided, and to keep the same in repair, and to expend for that purpose annually a sum needful for such purpose, which shall be certified by such commissioners to the proper authorities of said town, and raised as a part of the general expenses of said town, and paid to the commissioners to be disbursed as herein provided. But the amount so raised in any one year shall not exceed the sum of eight hundred dollars, provided, however, that any portion of such sum remaining unexpended in any year shall remain to the credit of the commissioners and may be expended in subsequent years. Such commissioners shall also have power and authority to direct in what part of the carriageway of said avenue the tracks of any railroad company, owning or controlling railroad tracks in said avenue, shall be placed, and upon the written requisition and directions of such commissioners, the corporation owning or controlling such tracks shall change and lay such tracks, with tram or center bearing rails in the place and in the manner as directed by such commissioners, and shall also pave the portion of such avenue between the rails of each track upon which the horses travel, with cobble-stone pavement, such relaying and relocating the tracks of said railroad company shall be done as the work of regrading and repaving of said avenue is being proceeded with by said commissioners, and at no time shall the operation of the cars of the said railroad company be interfered with. After Other lia- said railroad tracks are so laid and pavement laid as aforesaid, the bilities and said railroad company shall, at its own expense, keep the tracks and tions upon the said pavement between the tracks as aforesaid, in good repair with railroad the same kind of materials, and any extension of said railway, or any Control of avenue, how raised. Limitation. Railroad tracks located in carriageway, regu lation of Kind of rails and paving between tracks. restric company. |