mentioned line to the pier line of New York bay, and thence southeasterly along said pier line to the point of beginning, as said streets, avenues and pier lines are laid down on the map of the town survey commissioners of Kings county.

sioners,

§3. Within ninety days after the passage of this act an election Commis shall be held in the said district for the election of five commissioners when and under this act, at which all persons shall be entitled to vote who shall how have resided in the said district for sixty days, and who shall be qualified to vote at town meetings in said town.

elected.

fled and

therefor.

§ 4. The town clerk shall give a like notice of such election as is Election required for special town meetings. The supervisor and town clerk how noti shall act as inspectors, and they shall appoint a person to be clerk of conducted. the polls at such election, which shall be opened at eight o'clock in the morning and closed at sunset. The registry to be used at such Registry election shall be that of the next preceding general election, to which shall be added the names of all citizens not then registered, but who may be registered by the board of registry at a meeting thereof, which shall be held in the said district within ten days before such election, on a day to be named by such board, in the afternoon, from three o'clock until eight o'clock, of which the said board shall give at least four days notice, by posting in two or more public places in said. district.

ballots.

§ 5. Each of the ballots to be used at such election shall be indorsed, Form of "sewer commissioners," and shall contain not exceeding five names of persons to be voted for.

tion of

§ 6. The five persons receiving the highest number of votes shall be Classificadeemed to be duly elected, and they shall thereupon be notified by the terms. town clerk to meet at some convenient place within the district to draw lots for the respective terms to be filled, one of which shall expire in each year for five successive years, commencing on the thirtyfirst day of December, one thousand eight hundred and ninety.

in future

how filled.

§ 7. On the first Tuesday in December, one thousand eight hundred Elections and ninety, and in each year thereafter, like elections shall be held in years. each district for one commissioner for the term of five years, from the first day of January then ensuing; and to fill any vacancy which may Vacancies, occur in such office, which may temporarily be filled by appointment by the remaining members of the commission. The person so appointed shall serve until the first day of January following and until a successor shall have been duly elected and qualified. No person Qualificashall be elected or appointed a commissioner unless he shall be a resident of said sewer district.

tions,

account

§ 8. The said commissioners shall account annually to the board of Annual town auditors in the same manner and at the same time as town offi- ing of comcers are required by law to make their accountings; and each of them missioners. before assuming his duties under this act shall take the constitutional oath of office, and file the same with the town clerk, and also execute Oaths of office, and deliver to the town clerk a bond for the faithful discharge of his official duties in such amount and with such security as shall be approved by how filled. the board of town auditors. The certificates of their election, their bonds and oaths of office, and resignations, when made and accepted, shall be filed in the office of the town clerk.

bonds.etc.,

organiza

§ 9. The said commissioners when elected immediately after the Annual first day of January in each year thereafter, shall proceed to organize on by the appointment from their number of a president and secretary and such other officers as they may deem necessary, and certify the same to the town clerk.

Business quorum.

System of

plan for.

§ 10. Three of the commissioners shall constitute and be necessary for a quorum, and the acts of the majority of the quorum shall be valid at a regular meeting or at any special meeting which all of the members shall have been duly notified to attend. But in making or awarding any contract, or in expending or providing for the expenditure of any moneys, the affirmative vote of the majority of the entire board shall be necessary.

§ 11. The said sewer commissioners and their successors in office, sewerage, shall have exclusive power and authority to make and adopt plans for, how filed. and to construct, maintain and manage a system of sewerage in and through said district described in the second section, and the streets, highways and public places therein, and to modify or alter the same, and so far as may be necessary to secure proper outlets for such sewers, or any of them, through the lands of any person or corporation therein, and acquire the lands, easements and rights necessary for such purpose by purchase, or as hereinafter provided. All maps and plans made by them shall be filed in the office of the town clerk.

Contracts

for work,

Bids for work,

when to be

for.

how

§ 12. The contracts to be made or let for work to be done or suphow made. plies to be furnished shall be made by the board of sewer commissioners under such regulations as they shall establish. Whenever any thing is necessary to be done to complete or perfect a particular work, or any supply is needful for any particular purpose, which work is to be undertaken or supply furnished for the board of sewer commissioners, and the several parts of said work or supply shall involve the expenditure of more than one thousand dollars, the same shall be by contract under such regulations concerning it as shall be established by the said advertised board of sewer commissioners; and all contracts shall be entered into by the said board of sewer commissioners, and shall be founded on sealed bids or proposals made in compliance with published notice duly advertised in one daily newspaper published in the city of New York, and in one daily newspaper published in the city of Brooklyn, which shall be selected by the board, and provided for by their bylaws or regulations, said notice to be published at least eight days; Contract, and said board shall award the contract to the lowest responsible bidawarded. der; but if they deem it for the interests of the "Bath Beach" district they may reject any or all bids. The terms of the contract shall be settled by the board, as an act of preliminary specification to the bid or proposal, and the contractor shall give security for the faithful performance of his contract in the manner prescribed and required by regulations of said board. All bids or proposals shall be opened in the presence of the board or a quorum thereof duly convened in open meeting, and all bids shall be accompanied by a certified check or legal tender to the amount of ten per cent of the bid, said amount to be returned to the bidders within six days after the opening of the bids. If the bidder to whom the contract shall have been awarded shall neglect or refuse to accept the contract within five days after written notice that the same has been awarded to his bid or proposal, or if he accepts but does not execute the contract and give the proper security, Contracts, it shall be readvertised and relet as above provided. Every contract, cuted and when made and entered into as before provided for, shall be executed in duplicate and shall be filed with the board of sewer commissioners; a receipt for each payment made on account of or in satisfaction of the same, shall be indorsed on the said contract by the party receiving the payment, and each payment shall be only given to the person interested in such contract or his authorized representative. No expenditure for work or supplies involving an amount for which no contract

Work,

when to be re-let.

how exe

filed.

is required shall be made, except the necessity therefor be certified to, and the expenditure has been duly authorized by the said board of sewer commissioners.

acquire

lands by

cases.

when to

fee of

lands.

ers, ex

pense of,

how as

§ 13. In case the said commissioners shall be unable to agree with Proceedany person, persons or corporation owning or having an interest in ings to any land, stream, easement or right, for the purchase of the same, or title to of any right therein, required for the purpose of this act, the said appraisal commissioners may, in the name of the town of New Utrecht, acquire in certain such land, easement, 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 sewer commissioners shall have complied with Town, the requirements of said act and the order of the court in the prem- become ises, said town shall become seized in fee of the lands, and of the seized in easements, rights and interest so taken and appropriated. § 14. The said commissioners shall specify and distinguish in said Main sewplans the main sewers from the lateral sewers. One-sixth of the entire expense of the original construction of each of the main sewers shall be assessed upon the lands and tenements situated within one hundred feet from each side of the street along and through which the same may be laid, and shall be collected as herein provided; the other five-sixths of the entire expense of the original construction of all the main sewers and the entire expense of the maintenance of all the main and lateral sewers, shall be a tax upon all the real and per- Lateral sonal property in said district, taxable for ordinary town expenses, and sewers, exthe expense of the original construction of each lateral sewer shall be how asassessed such of the lands and tenements situated within one sessed upon hundred feet from each side of the street along and through which the same may be laid, as shall not have already been assessed for the onesixth part of the original construction of a main sewer, as provided for in this section, and shall be collected as herein provided. In case such sewer, or any part thereof shall be laid through land not situated within the lines of any street, such district of assessment along the line of such part of said sewer shall extend to such distance each side thereof, not exceeding two hundred feet, as the said commissioners may establish and determine.

sessed.

pense of,

for use and operation of sewers, how pub

15. It shall be the duty of said commissioners to make by-laws By-laws and regulations for the maintenance, protection, use and operation of such system of sewers, and the several parts thereof, to prescribe penalties for the violation thereof, and to publish the same in a news- lished. paper published or having a circulation in said county, once in each year, and as much oftener as they may deem proper. They shall Prosecureport all violations of such rules and regulations from time to time violation to the supervisor, who shall prosecute the same in the name of the of rules town. All such penalties collected, after deducting the expense of the Penalties, prosecution, shall be paid to said commissioners, and be expended and po accounted for in like manner as other moneys received by them.

tions for

how

plied.

ap

ment, how

§ 16. The said commissioners, whenever in the exercise of their Districts own judgment or on petition as hereinafter provided they shall deter- of assessmine upon the construction of a main or a lateral sewer, shall there- estab upon establish an assessment which district shall comprise all the lots, pieces or parcels of land situated within the distance provided for by section fourteen of this act, except such lots, pieces or parcels of land

lished.

as are exempted from assessment for the constructing of lateral sewers by said section fourteen, and which district, shall be determined by a line drawn at right angles from the side of the street at each terminal point of that part thereof through or along which such main sewer or lateral is to be constructed, or as provided by said last-mentioned secConstruc- tion. They shall construct a lateral sewer in any street not required eral sewers for a main sewer only, on receiving a petition in favor thereof signed. upon peti- and acknowledged by the owners of a majority of the property on the

tion of lat

tion.

Districts designated,

ment of

moneys to how filled.

be raised,

line thereof.

§ 17. Between the fifteenth day of April and the first day of May, with state- one thousand eight hundred and ninety, and each year thereafter, the said commissioners shall designate the limits of each district which shall have been created or established by them during the year, for the construction of main sewers and of lateral sewers, under the provisions of this act, and file with the town clerk a certificate and statement of the same, and of the sum required to be raised in each of said lateral sewer districts, for the construction of lateral sewers, and also of the sum required in each of said main sewer districts to be raised to meet one-sixth part of the expense of the construction of main sewers. Maps, when When required by the assessors they shall also furnish suitable maps to be filed. of such districts to be filed in like manner.

"Sewer tax," valuation of lands af

fected by.

Oath of assessors.

Apportionment of sewer

tax," by assessors.

§ 18. In making the annual valuation or assessment of the real estate in said town in the year one thousand eight hundred and ninety, and annually thereafter, the assessors shall make a separate assessment or valuation of all lots, pieces or parcels of land contained within the several districts established under the seventeenth section, in an additional column in the assessment-roll to be headed "sewer tax," and containing the valuation of the several lots, pieces or parcels of land, which valuation shall be determined and fixed without any reference to and exclusive of the value of any erection, structure or building thereon; and the assessors, in taking the oath required by law to be made shall add and include therein a statement that in pursuance of the provisions of this chapter they have in a separate column under such heading in the assessment-roll, correctly entered the several lots, pieces or parcels of land liable to tax for sewers and have stated the value of such parcels without any reference to and exclusive of the value of any erection, structure or buildings thereon.

$ 19. The said amounts from time to time certified under the provisions of section seventeen of this act, to be required for each district, shall immediately thereafter be apportioned by the assessors among the several lots, pieces or parcels of land contained in such assessment district, according to the valuation thereof, respectively as determined and stated as aforesaid, and shall be placed by them in a separate column in such assessment-roll, to be headed sewer tax." In taking the oath required by law to be made they shall include therein. a statement that in pursuance to this chapter they have under such heading in the assessment-roll, correctly entered the amounts so apportioned by them as aforesaid. Such amounts so apportioned by the assessors shall be levied on said several lots, pieces or parcels of land respectively by the board of supervisors as part of the general tax, and shall be a lien upon and collectible against the same in the like manner, and with the like effect as the general tax; and all laws relatand collec- ing to the assessment and valuation of land in said town for the purtion. poses of taxation, and the levying and collection of general taxes thereon shall apply to the said sewer tax, except as herein otherwise provided. The said amounts so levied shall by warrant be directed

Levy of tax.

Laws applicable to

assess

ment, levy

to be paid by the collector to the supervisor of the town, who shall warrant to pay the same to the persons who may be or become entitled thereto collector. upon the orders of said commissioners.

certificate

moneys to

supervis

§ 20. The said commissioners shall certify to the town clerk, on or Annual before the fifteenth day of July in each year, the several sums esti- to town. mated by them to be necessary for the payment of the five-sixths of clerk, as to the entire expense of the construction of main sewers and the entire be raised. expense of the repair and maintenance of all main and lateral sewers within the said district described in the second section, together with all the necessary expenses attending the same. The entire amount of such repairs and maintenance and of the expenses, together with the one-fifteenth part of such five-sixths of the entire expense of the construction of main sewers, shall thereupon be certified by the town Duty of clerk to the board of supervisors, who shall cause the same to be included board of in and assessed and taxed as part of the annual taxes next thereafter ors. levied on all the real and personal property liable to taxation in said district for town purposes, and shall by warrant direct the same to be paid by the collector to the said supervisor, who shall pay the same to the persons who may be or become entitled thereto upon the orders of said commissioners. The whole amount of the deficiency caused Deficien by the exemptions referred to in section sixteen shall be a charge charged. upon the entire district described in section two, and shall be levied and collected in the same manner as is provided with refer ence to the five-sixths part of the expenses of the construction of main sewers.

cies, how

when to

Issue

§ 21. As soon as practicable after the commissioners shall have made Supervisor, their certificate as aforesaid, the supervisor of said town shall borrow, borrow on the faith and credit of the town, and in its name execute and issue money and bonds for the amount required for the remaining fourteen-fifteenths bonds. of five-sixths of the entire expense of such construction of main sewers and for the entire expenses as aforesaid, and pay the proceeds to the persons entitled thereto in the manner aforesaid. Said bonds shall be known as the "Bath Beach sewer bonds of the town of New Rate of Utrecht," shall bear interest at a rate not to exceed five per cent per and when interest, annum, and shall be made payable in fourteen equal annual payments, payable. and at the expiration of one year and six months, two years and six months, three years and six months, four years and six months, five years and six months, six years and six months, seven years and six months, eight years and six months, nine years and six months, ten years and six months, eleven years and six months, twelve years and six months, thirteen years and six months, and fourteen years and six months respectively from the date thereof; and at no time shall the Limitation. total amount of such bonds outstanding and unpaid exceed the sum of one hundred thousand dollars.

statement,

interest

§ 22. The said supervisor shall at each annual meeting of the board Annual of supervisors make a statement of the money required to meet the and tax for payment of the principal and interest of said bonds during the ensu- and princiing year, and the said board shall cause the same to be included in and pal. assessed and taxed as a part of the annual taxes on all the real and personal property liable to taxation in said district for ordinary town purposes, and shall by warrant direct the amount thereof to be paid by the collector to the said supervisor for such purpose.

Cost of acquiring

lands, how

§ 23. The expense and cost of the construction of main and lateral sewers for the purposes of this act, shall be deemed to include the title to compensation to be paid and expenses incurred in proceedings to ac- included. quire title to lands, right of way or easements under or across any