commis

work, if

neglects.

thereof,

¡ected from

other railway that may be laid in said avenue, shall be done with the same kind of material, rail and pavement, as above designated, at the expense of said company, and in the same location in the street, and the same provisions as hereinbefore provided for keeping said tracks and pavement in repair shall apply to said extension or the paving of any other tracks or railroad. And in case of such railroad company Power of failing to do, within a reasonable time, as herein provided, on the sion to direction of such commissioners, the commissioners are authorized to perform do and perform all by them directed to such company as herein pro- railroad vided, and to pay for the same out of the proceeds of bonds herein compat authorized and designated as Flatbush avenue bonds; and thereupon the said commissioners may receive, collect, or in the name of said Expense town, sue for the amount by them properly expended in and about how colsuch railroad and the pavement between the tracks upon which the railroad. horses travel, as herein provided. In case any money is collected from such railroad company, as herein provided, it may be used in lieu and in place of the money expended from the proceeds of such bonds or it may be turned into the fund raised as hereinafter provided from the proceeds of bonds herein authorized and designated as Flatbush sewer bonds. All expenses of such improvement of said Flatbush Expenses avenue, other than the purchase from the Flatbush Plank-Road Com- ments, how pany as herein provided, and other than any moneys herein before charged on authorized to be expended on account of such railroad, shall be charged district. to a district of assessment, to be fixed by such commissioners, and levied and collected from the real property in such district in the annual tax levies next after the completion of such improvement in How colten annual installments equal or nearly equal, to be fixed by such commissioners in such manner that the aggregate amount of such installments shall pay the entire amount charged on such assessed district with interest until the time of the payment of the bonds to be issued therefor, as hereinafter provided.

of improve.

assessment

lected.

map" of

§ 3. Said commissioners shall also make and file a grade map of "Grade said town showing the grade to which all streets thereafter improved town, how are to be graded; and in case any streets are to be graded before such filed. map is filed, such commissioners may fix the grade for such streets, and they may, from time to time, file supplemental maps making and showing any change in the grade. And hereafter all streets that are graded in said town shall be graded only to the grade fixed by the commissioners, as herein provided. The expenses incurred under this section may be paid for out of the proceeds of such Flatbush sewer bonds.

sewers,

sewers,

§ 4. Such commissioners shall devise and make a plan for building Trunk one or more trunk sewers to take and discharge the sewage matter in plan for. such town into the tide-water. And for the purpose of building sewers in such town to connect with the trunk sewer or sewers, they Lateral may divide the territory in said town into as many districts as they plan for. may see fit, and devise a plan for the building of sewers in the streets of each district, so as to connect with such trunk sewer or sewers; they shall make and file maps showing such plans. All sewers herein provided for, other than trunk sewers, and other than sewers built for surface drainage only, are to be designated on any map or plan which may be filed, as herein provided, and are for the purposes of this act, designated as "lateral sewers.

clerks and

§ 5. Such commissioners shall have the right to hire offices and em- Engineers, ploy and pay such engineers, lawyers, clerks and other assistants as of hire may be necessary for the proper doing and conducting of the work of board,

provided for.

herein provided. In case the said Flatbush Plank-Road Company shall refuse to sell the said franchises, rights and property, the same may be acquired by such commissioners in the name of said town, by proroad, when ceedings such as are provided for the acquisition of lands for railroad

Franchise, etc., of plank

to be acquired

by ap

praisal.

Right to

lands for

sewers.

Lands,

etc., how

purposes by chapter one hundred and forty of the laws of one thousand eight hundred and fifty, and the acts amendatory. thereof, provided the price to be paid therefor as fixed by such proceedings does not exceed the sum of ten thousand dollars. And for the purpose of building such trunk and lateral sewers, they shall have the right to enter streets and into or upon any street required for such sewers, and there to build to acquire and maintain the same. The right hereby given shall be deemed to include the right to acquire the necessary lands and rights to build the trunk and lateral sewers and branches in the said town of Flatbush, and also to build so much of said trunk sewer as may be necessary in the town of Flatlands. In case they require any rights in any streets or other lands not belonging to the public, for the purpose of doing what is herein authorized as to said sewers, or for improving Flatbush avenue as herein before provided, they may acquire such rights and property by purchase or by the proceedings and in the manner provided as to the acquisition of lands for the purposes of railway, as authorized by chapter one hundred and forty of the laws of one thousand eight hundred and fifty and the amendments thereof; provided, however, that for the purpose of any proceedings under said act authorized by this section or section three, it shall not be necessary to file any map or profile, or to give any notice to any person of the filing of the same, or to aver or to prove in such proceeding that any sum of money has been paid to such commissioners for that purpose, or for any purpose.

acquired by appraisal, proceed

ings.

Sewers, how let by

bidder.

How advertised.

§ 6. Such commissioners shall have the power to build any or any contract to part of such trunk or lateral sewers and also such sewers as they may lowest deem best for surface drainage only, and which are not for connection with houses or buildings, all sewers shall be built by contract, and the contract for doing the same shall be awarded to the lowest bidder, who shall bid after advertisements and other proceedings hereinafter provided. Such advertisements shall be made only after full plans and specifications, showing the character, size, material and location of the sewers required has been filed in the office of such commissioners, and thereupon advertisements shall be made for ten days in at least two newspapers of opposite politics published in the county of Kings; such advertisements shall refer to and state the place where such plans and specifications are filed; as a part of such plans and specifications shall be provisions for such sureties or deposits, or both, as the commissioners may require, and also provisions as to the time and method of payment, and time for completion of the work. All bids shall be made by sealed proposals upon blanks to be furnished by the commissioners, and the contracts shall be awarded to the lowest Power to responsible bidder, who shall make a bid in accordance with such plans and specifications; but such commissioners are authorized, if in their judgment the public interest requires, to reject all bids made. after any advertisement, and to readvertise, in which case the same proceedings shall be had as are herein before provided.

reject bids.

Annual

improve

limited.

§ 7. For the purpose of providing money necessary to meet expenses ment tax, hereby provided to be incurred, there shall be raised annually as part of the taxes of said town upon a requisition of such commissioners and for as many years as they may require it for the purposes of the improvements herein authorized, a sum to be fixed by such commis

sioners not exceeding three thousand dollars, which shall be paid to such commissioners and shall form a fund to be used for office rent and clerical and incidental expenses.

financial

bonds,

§ 8. Said commissioners shall employ as a financial agent, for the Trust compurposes of this act, some trust company doing business in the county ployment of Kings, and such commissioners shall cause bonds appropriate in or, as form, as provided in this act, to be prepared and printed, and shall agent. thereupon have the same executed by said supervisor on behalf of and binding and obligating said town to their payment, and the said trust Town company shall certify on each of said bonds that it is one of the bonds how exeauthorized by this act, and the said trust company shall thereupon cuted. take and sell the said bonds for not less than par and for the best price it can obtain either at public sale or at private sale, and hold the Sale thereproceeds of said sale until drawn from said trust company for the of, by trust purposes of the improvements aforesaid. Such trust company, for its services to be rendered as provided in this act, shall receive a compensation to be fixed by such commission, not exceeding one-fourth Commisof one per centum upon the amount received by it upon the sale of sion, as said bonds, and it shall pay interest on the amount held by it on de- tion. posit at the same rate which it or similar institutions may from time to time pay on moneys deposited with it or them by the city of Brook- Interest lyn. Any sum held by said trust company applicable to the payment upon deof interest shall be applied by said trust company for that purpose, according to the provision for payment of interest in the bonds contained.

company.

compensa

posits.

tions for

avenue

assess

§ 9. Such commissioners may, from time to time, make requisition Requision the supervisor of the town, and such trust company, for issuing issue of bonds and the requisition for such bonds, shall state the time or times bonds. such bonds are to run and to which and how many of the classes hereinafter authorized such bonds shall belong. Such bonds shall be of four classes, namely: "Flatbush avenue bonds," the proceeds of Flatbush which shall be applicable to the purchase or acquisition of the rights bonds. of the said plank-road company, in said Flatbush avenue, as provided in the second section of this act, and necessary and incidental expense connected therewith, and such bonds may also be issued for an amount necessary to meet the cost of the change of track and paving done between the rails and on each side thereof, as provided in said section two. Another class of such bonds shall be known as "Flat- Avenue bush avenue assessment bonds," and from the proceeds of such bonds ment all expenses hereinbefore provided to be made on Flatbush avenue bonds. (other than those to be paid from the proceeds of the class of bonds Flatbush first above-mentioned), shall be paid. Another class of such bonds sewer shall be designated as " Flatbush sewer bonds," and from the proceeds of such bonds shall be paid all expenses of sewerage herein provided other than as herein provided to be reimbursed to said town by charges on a special district or districts, and also all expense of preparing and making the original and principal grade map of said town. Another Sewer class of such bonds shall be designated as "Flatbush sewer assess- assessment bonds," and from the proceeds of such bonds shall be expended bonds. all moneys herein authorized to be expended for sewers, which are herein provided, to be charged on any special district or districts. All such bonds shall be made so as to bear interest, payable semi-annually, Rate of at a rate to be specified in each bond, which shall not in any case exceed the rate of four per cent per annum, and not exceeding three per cent per annum, except with the consent of such commissioners, given at or prior to the time of the signing thereof; but such consent

bonds.

ment

interest of bonds.

of issue.

Avenue bonds,

when pay.

able.

Sewer bonds, when payable.

Annual tax

to pay in

shall be deemed to have been given wherever a rate of interest exceeding three per cent is agreed to be paid in or by any bond issued under this act. No bond shall be issued under the provisions of this act Limitation exceeding in amount (including all the bonds at any time outstanding of amount of either of the four classes herein before provided) ten per centum of the assessed value of the taxable property in such town, as shown by the assessment, at the time of the issuing of any such bonds then last made. The bonds designated as Flatbush avenue bonds shall be so drawn as to fall due as near as can be estimated and provided onefifteenth part thereof in each year, the first bond falling due one year after the issue of the same. The Flatbush sewer bonds shall be so drawn as to fall due as near as can be provided and estimated in equal amounts for thirty successive years, the first of which shall fall due ten years from the date of the first issue thereof. The money necessary to meet the principal and interest of such last-mentioned two classes of bonds shall be raised by said town annually as required as a part of the expenses of said town; provided, however, that any interest falling due on any such bonds before the time has arrived when provision could be made therefor by taxation by said town as herein provided, may be met and paid on the direction of such commissioners from the proceeds of the sale of any bonds herein authorized, and the amount so paid shall be reimbursed by said town from the proceeds of annual taxation to such commissioners. The Flatbush avenue assessment bonds shall be so drawn as to be payable as near as may be in ten equal successive annual installments, the first of which shall be payable in when pay- ten years from the date of the first issue thereof. The Flatbush sewer assessment bonds shall be made payable as may be directed by such commissioners, not any of them in less than five years, and not any of them after more than twenty years from the date of the issue of the All interest falling due on either of the two last-mentioned classes of bonds, before provision is made therefor, by taxation as how paid. herein provided, shall be paid from the proceeds of the sale of bonds of the class of bonds on which such interest falls due.

terest and principal of bonds.

Avenue assessment bonds,

able.

Sewer

assess

ment bonds,

when pay

able.

Interest,

General

tures for

sewerage and sur

face drainage, how paid.

same.

§ 10. All general expenditures for sewerage purposes and all expense expendi- for trunk sewers and sewers built for surface drainage only and not for connection with houses or buildings, and all expenses for general work in devising the plans of the same, shall be paid from the proceeds of Flatbush sewer bonds. But wherever such trunk sewers are so constructed as to be available for house connections on any street, a portion of the cost of the same equal, as nearly as can be estimated by such commissioners to the average cost to the street of lateral sewers, shall be deducted from the cost of such trunk sewers and made a part of the other cost of lateral sewerage.

Sewers for

house con

nections,

cost of how

apportioned.

Lateral sewerage,

how charged.

§ 11. The expense of the lateral sewerage in a sewerage district fixed expense of, as hereinbefore provided (in which is included the cost of the plan for lateral sewers in such district, of the acquisition of land, of the construction of the lateral sewers and of engineering and other incidental expense chargeable thereto, and interest on such cost, earned prior to the time when the first annual tax levy therefor is payable) and interest thereon shall be charged on the real property in a district fixed therefor by such commissioners and collected in and as a part of the annual taxes in ten annual successive installments, each of which is to be fixed by such commissioners so that such installments shall be equal or as nearly equal as may be, and the first installment shall be levied immediately after the lateral sewers in such district are completed and ready for use.

How collected.

taxation

ment dis

§ 12. Before any special taxation or assessment district is fixed as Map of herein provided, such commissioners shall make a map showing the pector same, and file the same in their office and thereupon give notice by on asesspublication for at least ten days in two newspapers published in the triet, how county of Kings, of opposite politics, stating where such map is filed Bled. and the amount proposed to be assessed or charged on such district, and when and where parties may be heard in opposition to such dis- Hearing of trict, and also in opposition to the amount proposed to be charged interested thereon, and such commissioners shall meet at such time and place and hear all such objections, and they may thereupon change such district or amount or confirm the same, and their decisions shall be confirmafinal. No lien shall be deemed to be created against any specific piece or, to be of real estate (except as and when made by tax levy as herein provided) fual. under this act by reason of any such assessment district, or by reason of the amount chargeable thereon being fixed as herein provided. Such commissioners shall be deemed officers of said town and all suits Commisgrowing out of their acts shall be prosecuted or defended by them in deemed the name of such town.

tion there

sioners

town officers.

from taxes

how ap

tion of

cases, and

§ 13. Any amount raised in the taxes of said town for the purpose Proceeds of paying any or either of the bonds herein provided to be issued or raised interest thereon, shall be used and applied for that purpose by the under act, proper authorities of such town; but in case in the process of collec- plied or tion there are amounts of money so collected applicable to pay the deposited. principal of such bonds, or any of them which cannot be so applied for the reason that none of the bonds for which any such money was raised are then due, the money so raised shall be deposited in the trust company designated as herein before provided, and the interest thereon shall be added to such fund; and in case other bonds are required to Substitube issued as provided in this act, the amount of money so on hand bonds in deposited, and which cannot then be applied to retire the principal of certain such bonds, as aforesaid, may be drawn by such commissioners, and sale therebonds equal to the amount so drawn, of any class then authorized to of be issued under this act, deposited in place of the same, and interest shall be paid on the bonds so deposited as though sold, and such interest applied to increase the fund in lieu of which they are deposited, and on the requisition of such commissiouers such bonds so deposited shall be sold as herein provided as to other bonds, and the proceeds of such sale, equal to the amount drawn therefrom, placed to the credit of the fund for which they were deposited. All of the bonds in each of the classes in this act provided for shall be made to secure the pay- Bonds of ment of the same principal amount, and shall be numbered, the first several bond being designated as number one, and from there consecutively. how numIn case for any reason the amount necessary to meet the principal or interest on any of the bonds of either of the two classes of assessment Temporbonds herein provided for shall not be raised, bonds of that class to to meet be designated as temporary bonds, payable not more than two years interest, from the date thereof, may be issued for that purpose in the manner of. herein provided as to other bonds.

classes.

bered.

ary bonds

etc., issue

"street' "

§ 14. The word street, wherever contained in this act, unless the word context indicates another meaning, shall be deemed to be a term in- defined. cluding street, lane, avenue or road or other public highway, opened or unopened, as the case may be, in said town. Whenever a map or Maps to be plan is herein required to be made and filed by such commissioners, made in such map or plan, as the case may be, shall be made in duplicate and signed by such commissioners, or a majority of them, and thereupon How acknowledged or proved before an officer authorized to take acknowl- signed.

duplicate.