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land or water of each owner or occupant shall be designated, which
§ 5. In all cases where the said water commissioners shall be unable Proceedto agree with the persons owning or having an interest in any lands, ings to tenements, or hereditaments required for the purpose of this act, the title to supreme court at any special term thereof, held in the judicial district in which said lands or waters are situated, shall, on application of said water commissioners, after ten days' written notice personally served on such persons, or where such notice cannot be personally served within the state, or such persons are infants or incapacitated from receiving personal notice, then by service in such manner as the said court shall direct, appoint three disinterested citizens of the county of Chautauqua, who shall be freeholders, as commissioners of assessment, to determine the damage sustained by each of such persons by reason of the taking or use of his or her lands, waters, tenements or hereditaments, for the purpose of this act. Such commissioners of assessment shall take the oath required by the constitution, and shall personally examine each parcel of land, water, or other property proposed to be taken or used, and shall estimate and report to said court, at any term thereof, held in said judicial district, the several sums which will be a just compensation to such owners or persons interested respectively, for the appropriation, to the purposes of this act, of any property, rights or privileges that may be so required, or for the title or use of any such property. Such commissioners of assessment may examine Examinawitnesses upon hearing before them, and all evidence so taken shall tion of accompany their report. Ten days' notice in writing, of the time and place of the presentation of said report, shall be given to the parties interested. On the presentation of the said report the said court may Power of confirm or amend the same or appoint new commissioners, who shall court. proceed in like manner with the first commissioners, and whose report shall be final and shall be confirmed by said court. Said commissioners of assessment shall receive from the said water commissioners the sum of three dollars per day for each day employed by them in the Compensa performance of their duties as above stated, together with the amount commiswhich said commissioners of assessment shall certify as correct in their stoners. said report for incidental expenses connected with their work, including the preparation of their report.
§6. Whenever any report of commissioners of assessment shall have Payment been confirmed by said supreme court, the said water commissioners for lands, may deposit, as said court may direct, or pay to said owner or to such person or persons as the court may direct, the sum mentioned in the said report in full compensation for the property so required, and thereupon the said village shall become seized in fee of the property so required, and said commissioners and said village shall be discharged from all claim by reason of any such appropriation or use.
7. The said commissioners shall have power and it shall be their Commisduty to borrow from time to time, upon the credit of the village, a sum not exceeding eighty-five thousand dollars, upon such term of borrow credit, not exceeding forty years, and at a rate of interest not exceeding six per centum per annum, as shall seem to them for the best interests of said village; and to secure the payment of said loan said May commissioners are authorized to make, execute and deliver bonds, bonds.
bonds of commissioners.
powers of commissioners.
Not to oe interested in contracts.
Use of soil, etc., of streets.
certificates or other obligations which shall be signed by the president, and countersigned by the secretary of said water commissioners, which bonds, certificates or obligations shall be made payable in such respective amounts, and at such respective times, as such commissioners shall deem best, and said bonds and interest thereon shall be a valid liability against said village, and the credit of said village is pledged for the payment of the same; the said money so borrowed shall be appropriated by said commissioners to supplying said village with water agreeable to the provisions of this act. But no bonds, certificates or other obligations shall be disposed of by such commissioners at less than the par value thereof.
§ 8. No bonds, certificates or other obligation of indebtedness shall be issued by the commissioners authorized by this act until such commissioners shall have filed with the clerk of the county of Chautauqua their joint and several bonds in the sum of twenty thousand dollars, with sureties to be justified before and approved by the county judge of Chautauqua county or a justice of the supreme court, and conditioned. for the faithful performance of the duties of such commissioners.
§ 9. Said commissioners shall have power to make all necessary contracts for labor and materials in the construction of the works and all pertaining thereto, which said contract shall be in writing, signed by a majority of the commissioners and of which there shall be three originals executed by the parties which shall be numbered by the same number, one of which shall be given to the contractor, one to the village clerk which shall be filed by said clerk with the records of said village, and one retained by the commissioners; and three weeks' public notice shall be given in one or more newspapers published in said village of the times and places at which sealed proposals will be received for entering into contracts, and the commissioners shall have full discretion as to the acceptance or rejection of all sealed proposals, and in case any materials and labor shall then remain uncontracted for, the like notice for sealed proposals and like proceedings may be had as above provided; and so from time to time, as said commissioners may direct, for work or materials, and every person who shall enter into any contract for the supply of materials or the performance of any work, shall give satisfactory security to such commissioners for the faithful performance of his contract according to its terms.
§ 10. No commissioner shall be directly or indirectly interested in any contract relating to the work or materials therefor, nor for any portion of the water works, nor shall he receive any compensation for his services; nor for any thing pertaining thereto, excepting the secretary thereof.
§ 11. The said commissioners, and all acting under their authority, shall have the right to use the ground or soil under any street, highway or roads within the county of Chautauqua, for the purpose of introducing water into and through any and all portions of said village, on condition that they shall cause the surface of such street, highway or road to be relaid and restored to its usual state, and all damages done thereto, to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes upon like conditions.
§ 12. The said commissioners shall establish a scale of rents to be charged and paid to the commissioners from time to time, either in advance or at such time or times as the commissioners shall prescribę, for the supply of water, to be called water rents, and apportioned to the different classes of buildings in said village in reference to their dimensions, value, exposure to fire, ordinary or extraordinary uses for
dwellings, stores, shops, hotels, factories, livery stables, barns and other buildings, establishments or trades, yards, number of families or occupants, or consumption of water as near as may be practicable, and from time to time, either modify, amend, increase or diminish such rents; and said commissioners and their respective employees shall be authorized at all times to enter into any building or place where water is used from supply pipes, to examine as to the water, quantity of water used, and the manner of using it.
§13. The connecting or supplying pipes leading from buildings or Connectyards to the distribution pipes shall be inserted and kept in repair at ing pipes. the expense of the owner or occupant of the building or yard, and shall not be inserted or connected with the main pipe until a permit therefor shall be obtained from said commissioners, or other persons having charge thereof, and all such connecting or supplying pipes shall be connected and constructed in the manner directed by said commissioners, or persons in charge.
§14. The entire annual receipts of water rents, after deducting Applicatherefrom such sums as may be necessary to defray the expenses of tion of repairs of said waterworks, and of extending the same and other rents. necessary expenses, shall be applied toward the payment of the interest on the loan herein before authorized, and also toward the creation of a sinking fund for the payment of the principal of said loan, as it shall from time to time become due and payable, which sinking fund shall be managed by said commissioners. No investment shall be made in Investbehalf of such sinking fund except in the bonds of the United States, ments. of the state of New York, or of any city of this state, and in the bonds, certificates or other obligations authorized to be issued by said village under this act, which last named bonds, certificates and obligations the commissioners may purchase at any time when they shall have funds applicable, at prices not exceeding their par value, and when so purchased, said bonds, certificates and obligations shall not be reissued but shall be immediately canceled.
§ 15. In case the entire annual receipts for water rents, after de- Tax for ducting as in the preceding section provided, shall in any year not be deficiency. sufficient to pay interest for that year on said loans, or in case of any year when any of the principal of the loans secured by said bonds falls due, the amount of said receipts for water rents, after making said deduction, together with the sum in said sinking fund, shall not be sufficient to pay said principal and also the said interest falling due that year, it shall be the duty of the board of trustees of said village and they are hereby directed to cause such deficiency to be assessed, levied and collected from the taxable property of said village at the same time and in the same manner as other expenses of said village are assessed, levied and collected, and the same shall be paid over to the treasurer of said board of water commissioners, to be applied to the payment of such interests or principal, or both.
§16. The said commissioners shall annually, on the first day of May Annual in each year, make and deliver to the municipal authorities of said statement village of Fredonia a detailed statement of all their accounts, a general accounts. statement of all their works and condition of their affairs and state of finances, including a full detail of the amount expended in the progress of the work, and a particular statement of any deficiency as to the water rents in meeting the principal and interest of the sum borrowed, as in the previous section herein before referred to, and all books and papers of every description kept by said commissioners, upon which are entries of their transactions as such, shall, at all times, be
subject to inspection by said municipal authorities and by every elector of said village.
§ 17. All judgments against said commissioners, in their name of ments how office and judgments against them where the transaction upon which enforced. the action was brought shall have been in the performance of their duties as commissioners, shall not be enforced against the individual property of either of the said commissioners, but shall be levied and collected by tax on such villages.
By-laws, rules, etc.
Construction of storage reservoir.
Bonds not to be
assented thereto in writing.
Fact row proved.
§ 18. The commissioners shall have power, from time to time, to make and establish such by-laws, rules and regulations, not inconsistent with the laws of this state or of the United States, as they shall judge proper for the election of their officers and as to the duties of those officers and employees, and as to the means of enforcing said duties and for the regulation of times and manner of holding meetings of commissioners, and for enforcing the collection of water rents and manner of using water, and generally for transacting, managing and directing the affairs of commissioners, and may provide regulations as to the use of water and to enforce the observance thereof by cutting off the use and supply of water.
§ 19. In the construction of any storage reservoir hereafter to be erected by said commissioners, for the purpose of supplying water for the use of said village, all vegetable or other matter subject to decay shall be removed from the banks thereof between its highest and lowest possible flow lines, or be covered by gravel or stone to prevent any such decay and consequent injury to public health.
§ 20. The bonds, certificates or other obligations authorized by Issued till this act shall not be issued until after a majority of the tax payers of the village of Fredonia owning or representing as agent duly authorized to consent, and more than one-half of the taxable property of said village appearing upon the assessment-roll of the year previous to the issuing of the same, shall have given their consent in writing thereto, which consent shall be proved or acknowledged in the same manner as conveyances of real estate are proved or acknowledged. The fact that a majority of the tax payers, owning over one-half of the property, have given their consent, shall be proved by the affidavit, in writing, of the assessors or a majority of the assessors of the village of Fredonia, who are hereby appointed as a tribunal to determine that fact, and said affidavit shall be indorsed upon or annexed to said written consent, and the said consent and affidavit shall be filed in the county clerk's office of the county of Chautauqua and a certified copy thereof in the clerk's office of the village of Fredonia, and the same, or a certified copy thereof, shall be admitted in evidence in all courts of this state, and before any judge or justice of any court of this state, and shall be conclusive evidence of the facts herein contained in such courts and before such judge or justice.
etc., to be filled.
payer may of certio
§ 21. Within thirty days after the filing of the affidavit in the office of the county clerk, as above provided, any tax-payer of said village, upon giving full security for costs, shall be entitled to a writ of certiorari to review the determination of said assessors and during said thirty days and pending a review by certiorari, as herein provided, said commissioner shall not issue said bonds, nor shall they issue the same in case said determination of said assessors should be finally reversed. § 22. Any commissioner issuing, aiding or consenting to the issuing of bonds contrary to the provisions of section twenty-one, shall be to this act guilty of a misdemeanor, and no bond shall be issued under any of the provisions of this act until surveys, plans and specificatious shall have
Issuing bonds contrary
been made by competent engineers under the direction of said water commissioner, and to be approved by them, showing that said work of supplying said village with pure and wholesome water can be completed and paid for with the amount provided or to be provided under the provisions of this act, according to said plans and specifications, and the cost of making such plans, surveys, estimates and specifications, shall be a charge upon the taxable property of said village. If the Authority authority to issue bonds under the provisions of this act shall not be to issue obtained within two years after the passage of this act by the said com- be obtained missioners, then all the power to issue bonds under the provisions of within two this act shall cease.
§ 23. This act shall take effect immediately.
AN ACT requiring supervisors administering funds received on account of bonded railroad indebtedness to give proper
PASSED April 14, 1882; 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 any town or ward of any city re- Bond with ceiving or disbursing any funds on account of the bonded railroad sureties to debt of said town or ward, before receiving or disbursing any such by superfunds by virtue of any act of this state, shall execute to the town a bond with sureties who shall be able to justify in at least double the amount of the money to be received by him, as near as can be ascertained, said bond to be approved by the town clerk and conditioned for the proper and due disbursement of moneys received on account of bonded railroad debt and the faithful accounting thereof, which bond when given will be filed with the town clerk.
§ 2. All acts and parts of acts inconsistent with this act are hereby repealed.
§3. This act shall take effect immediately.
AN ACT to authorize the common council of the city of Rochester to raise money to provide for deficiencies in the funds for the support of the public schools of said city.
PASSED April 14, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The common council of the city of Rochester is hereby Common authorized and empowered to raise, in addition to the amount hereto- council fore raised by taxes, not exceeding the sum of forty-six thousand dol- $46.000 lars (being the sum of eighteen thousand dollars in addition to the additional sum of twenty-eight thousand dollars, which has already been antici- teachers' pated by said common council) to pay teachers' wages and contingent