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of one thousand eight hundred and eighty-five, is hereby further amended so as to read as follows:

street

how de

§ 112. When the mayor shall grade or regrade a street, highway, Changes in public lane, alley or square, which is already provided with sidewalks, grade, etc., curbs and gutters, laid or set according to grades previously estab- expense, lished by said mayor, or heretofore established by the common coun- frayed. cil, and in so doing change the line of grade or curbstone or gutter, the grading and regrading for sidewalk, and the making and resetting of curbstone and gutter shall be done, and the expense thereof defrayed in the same manner as other improvements upon streets, highways, public lanes, alleys or squares.

§14. Section one hundred and thirty-four of said act, as amended by section thirty-seven of chapter two hundred and fifty-five of the laws of one thousand eight hundred and eighty-five, is hereby further amended so as to read as follows:

partment,

of cost of

created

and pay

from.

§ 134. The said board shall, before the first day of June of each Fire deyear, prepare an estimate of the cost of maintaining the fire depart-annual ment for the ensuing year, and certify the same to the common coun- estimate cil, who shall include the amount of said estimate in the annual city maintaintax for the current year. Said amount shall be set apart by the city ing. treasurer as a fire department fund, and paid out by him on the order Fund of the said board of fire commissioners, signed by them and drawn upon that fund. Each annual estimate shall include any surplus of ments the previous year fire department fund unexpended. Said board shall report to the common council, quarterly, a detailed statement of all Quarterly moneys received and disbursed by them, and shall cause to be pub- fire conlished twice at least in two of the daily papers of said city, a statement missioners, showing the claims audited for the preceding quarter, giving the lished. name of each claimant, the nature and amount of the claim, and the amount allowed. The common council shall expend no moneys in or Hoseabout the hose-houses or upon the fire department except in erection erection of hose-houses.

§ 15. This act is a public act and shall take effect immediately.

CHAP. 200.

AN ACT in relation to an annual report by the Attorney-General
and the printing thereof.

APPROVED by the Governor April 27, 1889. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

report of

how pub

houses,

of.

report to

SECTION 1. The Attorney-General of the State shall hereafter an- Annual nually and on or before the first day of February in each year, report Legisla to the Legislature.

ture.

First. As to all moneys received by him by way of costs, damages As to costs or otherwise belonging to the people of the State of New York for the received, year preceding the date of said report.

etc.

Second. The title and subject-matter of all actions on appeal pend- Actions ing and undetermined and the condition thereof at the date of said pending on report.

appeal.

Third. What, if any, actions have been brought by him during the Actions to year for the recovery of real property claimed to be owned by the State recover and the condition of such actions at the date of said report.

real property.

Actions to

annul

Fourth. The title of all actions brought by him during the year charters of against corporations to vacate their charter or annul their existence and the condition thereof at the date of said report, with a brief statement of the causes for which said actions were brought.

corpora

tions.

Official

Fifth. Copies of all official opinions of the Attorney-General renopinions. dered during the year preceding the date of his report and deemed by him to be of general public interest.

Report, how printed

and distributed.

§ 2. The public printer shall print and have ready for distribution within the time now required by law for printing and distributing reports of other State officers in addition to the usual number so required to be printed and distributed five hundred extra copies of said report which shall be bound in cloth, one hundred for the use of the Attorney-General and the balance for the use of the Legislature. § 3. This act shall take effect immediately.

Commis

sewers

CHAP. 201.

AN ACT to authorize and provide for the construction and maintenance of sewers and drains in and for the village of New Rochelle, and for the payment of the expenses thereof.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 29, 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. For the purpose of carrying into effect the provisions of sioners of this act, the present commissioners of sewers and drainage of_the_vildrainage. lage of New Rochelle elected in pursuance of chapter three hundred and eleven, laws of one thousand eight hundred and eighty-eight, namely: Thomas S. Drake, A. B. Hudson, Frederick Lorenzen, L. M. Davenport, Herman T. Vulte, H. B. Stokes, George Lambden, John S. Nicholas, and John Q. Underhill, are hereby continued in office under this act until January one, one thousand eight hundred Terms of, and ninety-five, the expiration of the term for which they were. continued. elected.

Definition.

Officers of commission.

Clerk.

terms of

§ 2. Whenever the term commissioners or commission is used in this act it shall be construed to mean the commissioners of sewers and drainage of the village of New Rochelle.

§ 3. The said commissioners shall choose and designate one of their number to act as president of said commission; one of their number as secretary and one of their number as treasurer thereof. The present officers of the commission shall hold their respective offices until the end of the year for which they were chosen. The said commissioners may also select some competent and suitable person not a memDuties and ber of said commission to be clerk thereof. The duties of said president, secretary and treasurer, respectively, in addition to those they are by this act specially directed to perform, shall be such as the said commissioners may determine, and from time to time direct. The president, secretary and treasurer, so chosen, shall hold their respective offices for one year, or until their successors shall be chosen, but the clerk shall act as such, for and during the pleasure of said commissioners. The treasurer of said commissioners shall furnish a

officers.

bond of

bond for the faithful discharge of his duties, in the penal sum, oficial and with such sureties as said commissioners shall direct and ap- treasurer. prove.

commis

quorum.

§ 4. During the existence of said commission the commissioners Duties and shall have entire charge and control of the sewers and drains in said powers of village of New Rochelle. They shall have power to hire and furnish stoners. a suitable place for the conduct of their business. The commissioners shall have a stated time and place for holding their meetings in the village of New Rochelle, and may make all needful rules and regulations for their own government and for the transaction of their business as commissioners not inconsistent with the laws of this State; and a majority of said commissioners shall constitute a quorum for Business the transaction of any business they are empowered and authorized to do under this act. They shall make an annual report to the tax pay- Annual ers, to be published in the newspapers printed in said village, of all how pubmatters pertaining to their charge, and on the expiration of their lished. term of office shall make a full and final report of their proceedings, and turn over to the trustees of the village of New Rochelle all books, Final repapers, profiles, unexpended funds, or any property whatever in their transfer to possession, and from that time forth the control of the sewers and village drains of New Rochelle shall be in the board of trustees of the village of New Rochelle. Any funds paid over by these commissioners to the Unex village of New Rochelle shall be used:

report,

port and

trustees.

pended funds, how

First. For the payment of any indebtedness incurred by said com- used. missioners remaining unpaid.

tion of treasurer.

funds.

Second. For any work to be done on said sewers or drains. § 5. All services performed by said commissioners shall be rendered Compensawithout compensation, except those of the treasurer. The treasurer of said commissioners shall receive a sum equal to one-half of one per centum of the moneys which he shall disburse, and the clerk of said commissioners shall receive a sum to be fixed by said commissioners, not exceeding three hundred dollars per year for his services, to be paid in quarter yearly installments. The said treasurer shall deposit Deposit of the money received by him in his name as treasurer, in such banks or trust companies as may be designated by the commissioners, to the credit of the commissioners of sewers and drainage of the village of New Rochelle, to be drawn in such manner as the commissioners may direct. The said commissioners shall have authority to arrange for Engineering and and provide competent engineering, superintendence and inspection superinof the work herein provided for, and to employ and pay counsel tendence. whenever the same shall be necessary. They shall keep a full record of their proceedings, which said record shall, upon the completion of Record of the duties of said commissioners under this act, be by them filed with ings, how the board of trustees of the village of New Rochelle.

proceed

filed.

in com

how filled.

§6. In case of resignation, death, removal from the village, de- Vacancies clination or inability to act of any commissioner, the acting commis- mission, sioners are authorized, empowered and directed to fill such vacancy or vacancies by the appointment of such number of resident tax payers of said village as shall be necessary to maintain the same number of acting commissioners as are named in section one of this act; such appointment to be made by a majority vote of such acting commissioners, and when made, a notice of such appointment or appointments shall be given to the board of trustees of said village and filed with the clerk thereof; and any commissioner appointed hereunder shall qualify in the same manner as other village officers, and hold office until the expiration of this commission.

Sewer for sanitary

§ 7. The said commissioners are hereby authorized to construct sewers for sanitary sewerage and cellar drainage in accordance with drainage. the maps, profiles and plans for a pipe system of sewers submitted to

and cellar

and adopted by the tax payers of said village at an election held for that purpose December eighteen, one thousand eight hundred and eighty-eight, including the Beauchamp avenue, Maple avenue and Davis avenue, additions thereto as approved by the State Board of Health, provided, nevertheless, that said commissioners shall have Modifica power to change, alter or modify the detail of said plans, as may be found expedient during construction, without, however, increasing the gross cost authorized, or changing the general plan of said sewers, as adopted at said tax payers' meeting, unless such general plan, or any portion thereof, shall be not approved by the State Board of Health, in which case the said commissioners are authorized to make such changes in said general plans as will meet the approval of the State Board of Health.

tion of detalls.

Action

thereon, of
State
Board of
Health.

Sewers and drains,

ing, how

be submit

ders.

Bond of

§ 8. Said commissioners shall advertise for proposals for constructposals for ing said sewers and drains and furnishing materials for the same construct under one entire contract, or in parts or in sections under several advertised contracts, as they shall deem for the best interests of the village, at for. least once a week, for not less than two weeks successively, in a newspaper published in said village of New Rochelle, and for a period of not less than six days in at least one daily paper printed in the city of Bond, to New York. The said commissioners shall require a bond of each ted by bid-party who shall submit proposals, in such amount and with such sureties as they shall determine, to be submitted with such proposals, conditioned that the party making such proposals shall enter into a contract for furnishing the labor or materials for and constructing such sewers and drains, or the portion thereof for which such proposals are asked and submitted, according to the plans and specifications, at his or their proposal or bid, and that he or they will furnish such security as said commissioners shall require to be furnished for the faithful performance of his or their contract, and also for the indemnifying and saving harmless the village of New Rochelle or the said commissioners from any and all expenses and damage as hereinafter specified. And said commissioners shall require any party with whom they contractor shall contract for doing said work, or furnishing said materials, or award of any part thereof, to give sufficient security, to be approved by them, for the faithful performance of such contract or contracts, and to indemnify and save harmless the said village of New Rochelle, and the said commissioners from any and all expense or damage for which it or they may become liable or put to by reason of any negligence or carelessness on the part of said contractors, his or their assignees, his or their agents, servants or employees, or from improperly guarding any and all excavations, trenches, accumulations or obstructions caused by or made in the course of the construction of the sewers and drains aforesaid, or the portion thereof covered by such contract or contracts, or from neglecting or refusing to properly restore the surface of any highway, street, alley, lane or place through which said sewers or drains shall have been laid or constructed to a proper and safe condition. The said commissioners shall have the power when, reject bids. for any reason, they shall deem such course advantageous to the interests of the village of New Rochelle, to reject any and all proposals and bids made to them, and may contract with other than the lowest bidder for such material and work, or any part thereof, and may, whenever necessary, readvertise for the same.

receiving

work.

Power to

upon

waters,

§ 9. For the purpose of constructing such sewers and drains, the Right to commissioners may, in the name of the village of New Rochelle, and enter for such village, enter upon, take, use and occupy any rights of the streets. public in and to any of the streets, highways, roads, alleys, lanes, navi- etc. gable waters and streams in said village of New Rochelle, and may enter upon, take and appropriate, by purchase for said village, as hereinafter Taking of provided, any lands, real estate, streams, easements or rights which may lands atc.. be necessary for the purpose aforesaid, which land, real estate, streams, easements and rights shall henceforth belong to said village of New Rochelle. And if it become necessary to alter the grade of any road Alteration to carry into effect the system of sewers or drains, the commissioners of road shall have the power to make such changes, and to make payment of any damage to private property which may be thereto occasioned.

grades.

etc., by

10. It shall be a misdemeanor, punishable by fine or imprison- Interest in ment, for either of said commissioners, or for any clerk, engineer, contract, superintendent or inspector, appointed or employed by them, to be in commisany way or manner interested, directly or indirectly, in furnishing any material or labor for the construction of the sewers herein pro- bidden. vided for, or in any contract which said commissioners shall make.

sioners,

etc., for

acquire

by ap

§ 11. In case the said commissioners shall be unable to agree with Proceedany person or corporation owning or having an interest in any land, ings to stream, easement or right, for the purchase of the same, or of any title to right therein, required for the purposes of this act, the said commis- lands, etc., sioners may, in the name of said village, acquire such land, easement, praisal. right or use in the same manner and by the special proceedings prescribed in and by chapter one hundred and forty of the laws of one thousand eight hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same," and the several acts amendatory thereof, so far as the same are applicable; and whenever such proceedings shall have been had, and the said Fee in sewer commissioners shall have complied with the requirements of lands, said act and the order of the court in the premises, said village shall vest in become seized in fee of the lands, and of the easements, rights and village. interests so taken and appropriated.

when to

operation.

§ 12. Said commissioners shall have the maintenance and manage- Management of all the sewers and drains in the village of New Rochelle until ment of the expiration of their term of office. by-laws and regulations for the protection, use and operation of such for use and It shall be their duty to make sewers. system of sewers and the several parts thereof, and to prescribe penBy-laws alties for the violation of such by-laws, rules and regulations, and to prosecute such violations in the name of the said commissioners; and Penalties all penalties collected therefrom shall be paid to the treasurer of said collected, commissioners, and shall be accounted for by him in the same manner paid. as other funds coming into his hands as such treasurer.

to whom

title, in

§ 13. Said commissioners may sue and be sued under the name of Corporate the commissioners of sewers and drainage of the village of New suits. Rochelle.

bonds and

of, au

§14. For the purpose of defraying the cost of the construction of Village said sewers and drains, and all expenditures authorized by this act, certifincluding the compensation to be paid and expenses incurred in pro- cates, issue ceedings to acquire title to lands, or a right of way under and across thorized. any property, or for damages to private property, bonds and certificates of indebtedness of the village of New Rochelle to such an amount as shall be necessary, not, however, exceeding in the aggregate two hundred and seventy-five thousand dollars, shall be issued by the board Limita of trustees of said village of New Rochelle at such times, in such

tion.

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