Imágenes de páginas
PDF
EPUB
[ocr errors]

contract for local improvement is less than ten thousand dollars or ten years and six months in any other case. The city treasurer, under the direction of the common council shall sell or dispose of said bonds or notes to the highest bidder by a sale at public auction at not less than par after publication of a notice of such sale for at least eight days in the official newspapers of said city. The proceeds of the sale of such bonds or notes shall be used for 1:0 other purpose than to defray the cost and expense of the improvement on account of which they are issued which particular improvement shall be stated in each bond or note. The principal and interest of such bonds or notes shall be paid by the city treasurer when due out of the amount collected on the special assessment on account of which they were made. If there is not sufficient money collected on such assessments in the hands of the city freasurer, to pay the amount of any such bond or note when it becomes due, the common council shall borrow upon the note or notes of the city the amount required to pay such deficiency, which note or notes shall be paid out of the moneys finally collected on such special assessment. If at the end of six months after the last installment of such special assessment becomes due and payable, any of such city notes given to raise money to pay such deficiency remain unpaid, the surplus of the amount due thereon for principal and interest over the moneys in possession of the city treasurer collected upon such special assessment, shall be raised by general tax and included in the next annual tax levy. No bonds or notes shall be made under this act when the amount of the bonds or notes previously made under such authority and remaining unpaid, with the amount of such bonds or notes required to complete and pay for any local improvements which may have been ordered shall exceed the sum of two hundred thousand dollars. On receipt of sufficient funds from the proceeds of the sale of the bonds or notes provided for by this section the city treasurer shall immediately pay the damages, costs and expenses of any condemnation proceedings to pay which said bonds or notes were issued. The city engineer shall furnish to the common council monthly during the continuance of work performed under a contract for any improvement made pursuant to section one hundred and forty-seven of this act which is to be paid for in whole or in part by special assessment, a detailed estimate of the actual value, according to the contract price, of the work done during the preceding calendar month. The common council shall thereupon authorize the mayor and city clerk to issue to the contractor for such improvement a warrant for a sum not exceeding seventy-five per centum of the amount of such monthly estimate and the warrants so issued shall be paid froin the proceeds of the bonds or notes to be issued for such improvement as authorized

[ocr errors]

by this section. When the work to be done under such contract is completed according to the plans and specifications of the improvement, the city engineer and the committee of the common council having the matter in charge shall so certify to the common council, which, if it accepts the work shall authorize the mayor and city'clerk to issue to such contractor a warrant for the balance due him, which warrant shall be paid in the same manner as such monthly warrants. When any assessment pursuant to sections one hundred and forty-five or one hundred and forty-seven of this title, confirmed by the court or common council, is filed with the city clerk, he shall as soon as practicable give notice thereof to the owners of the lands affected thereby appearing by the certificate of such assessment to be such owners, by mail, to the post-office addresses of such owners so far as the same are known to said clerk or can with reasonable diligence be ascertained by him. Such notices shall contain a statement that such owners can pay the assessments in cash or by installments. If, within ten days after the mailing of such notices, any owner affected thereby elects to pay in cash, by filing with the clerk written notice of such election, his assessment shall be collected as prescribed in title twelve of this act. All other special assessments made pursuant to said sections and the part of the damages, costs and expenses in condemnation proceedings and of the expense of local improvements made under section one hundred and forty-seven to be paid by general tax on the city at large, shall become due and payable in equal annual installments. Where the total amount to be paid under the order of confirmation or contract for local improvement is less than ten thousand dollars the number of such installments shall be five; in any other case, ten. The first of such equal annual installments of the part of such damages, costs and expenses or of the expense of such local iml'rovement to be paid by general tax on the city at large shall be included in the next annual tax levy, and one of the remaining cqual annual installments thereof shall be included in each succeeding annual tax levy, with interest at the rate borne by the bonds or notes issued to provide money to pay for such improvement as hereinbefore provided, on the amount of the part of such damages, costs and expenses or of the expense of such local improvement to be paid by such general tax remaining unpaid; such interest to be calculated up to the time when the next installment of interest on such bonds or notes becomes payable. The first of such equal annual installments to be paid by the owners of lots or parcels of land, against which such special assessment shall be assessed by the commissioners in such condemnation proceedings, pursuant to section one hundred and forty-five of this act, or by the assessor of said city, pursuant to section one hundred and

[ocr errors]
[merged small][ocr errors]
[ocr errors]

forty-seven of this act, shall be payable after the delivery of the warrant for the collection thereof to the treasurer, in the manner prescribed for the payment of taxes, by title twelve of this act, and one of such equal annual installments, shall be due and payable annually thereafter in the same manner, and without any further or additional notice, until the whole amount of such special assessment is paid. There shall be due and payable with each installment of said assessment, as a part of the assessment, interest at the rate borne by the bonds or notes issued to provide money to pay for such improvement as hereinbefore provided upon the entire amount of such assessment remaining unpaid. The owner of any lot or parcel of land so assessed may at any time pay to the city treasurer the entire amount of the assessment on his land with the interest accrued thereon up to the time of such payment, and thereupon such lot or parcel of land shall be discharged of and from the lien of such assessment. In case any installment of such assessment, together with the interest clue thereon, shall not be paid when it shall become due and payable as herein provided, the same proceeding shall be had for the collection of such unpaid assessments, including the sale of the lands against which said assessments may have been assessed as are authorized and provided by title twelve of this act, for the collection of taxes, levied by the said common council in said annual tax levy. In case of the sale by the owner of the lands assessed, they shall be sold subject to the lien of all portions of such assessments as shall be payable subsequently, and all other city assessments then a lien thereon. The common council. may provide for the payment of the damages, costs and expenses in the condemnation proceedings brought by the city of Kingston against the Union Plank Road Company of the City of Kingston and others, amounting to the sum of eight thousand, nine hundred and twenty-two dollars and ninety-nine cents, and of the damages, costs and expenses in the condemnation proceedings brought against Matilda 0. Terry and others, amounting to the sum of three thousand, one hundred and twenty dollars and seventy-five cents, and for the payment of the assessments made or to be made by the commissioners in both of those proceedings, and for any other unfinished local improvement to be paid for by special assessment, in the manner herein provided. Where the total expense of any improvement mentioned in this section shall not exceed the sum of five hundred dollars, the common council may by ordinance declare such improvement excepted from the operation of this section, but such exception shall not allow the same, if to be paid for by special assessment, to be done otherwise than by contract let to the lowest responsible bidder. In the case of an improvement so excepted the common council shall, on the

completion and acceptance of the work issue the bonds or notes of the city payable not more than six months from the date thereof with interest at a rate not greater than four per centum, and, with the proceeds thereof sold at not less than par as hereinbefore provided pay the contractor for such improvement. Said bonds or notes shall be paid from the assessment and taxes therefor when collected.

$ 2. This act shall take effect immediately.

Mr. Rice moved that the Senate concur in said amendment.

The President put the question whether the Senate would cincur in said amendment, said bill having been printed and rpon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senator's elected voting in favor thereof, and three-fifths being present, as follows:

FOR THE AFFIRMATIVE.

Abeard Davis D F Grady Malby
Ambler Davis G A Graney Marshall
Armstrong Donnelly Havens Martin
Brackett Ellsworth Higgins McCarren
Brown Elsberg Humphrey Mitchell
Chaboon Feathersop Johnson Munzinger
Coffey Feeter

Krum

Norton Coggeshall Foley

La Roche Parsons Cullen

Goodsell Mackey Plunkitt

Raines
Ramsperger
Rice
Sherwood
Stranahan
Thornton
Wagner
Wilcox
Willis 45

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in their amendments.

The Assembly returned the bill (No. 902, Assembly reprint No. 2052,) entitled "An act to authorize the Albany Railway Company Company to construct and maintain a bridge, appurtenances and aj proches to the same, over the Hudson river, from the foot of State street, in the city of Troy, to some point in the city of Watervliet, on the opposite side of the Hudson river" (Int. No. 510), with a message that they have passed the same with the following amendments:

Page 2, line 13, after the word “act” add the words “and wless such proceedings shall be commenced and construction begun within said time all the riglts and franchises hereby granted shall cease and determine.”

Page 3, line 12, after the word “suit" add the words “said bridge shall at all times and forever be free to foot passengers and in the construction of said bridge sidewalks shall be provided for and made thereon for the use of foot passengers."

Same page, line 14, after the word “construction” add the words “ of iron or steel.”

Same line, same page, strike out the word “fifteen” and insert the word “thirty.”

Mr. Douglas moved that the Senate concur in said amendments.

The President put the question whether the Senate would concur in said amendment, said bill having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

[ocr errors]

FOR THE AFFIRMATIVE.

Ahearn Davis G A Grady Marshall Ramsperger Ambler Donnelly Graney Martin Rice Armstrong Douglas Havens McCarren Sherwood Brackett Ellsworth Higgins Mitchell Stranahan Brown Elsberg

Humphrey Munzinger Thornton Ohahoon Featherson Johnson Norton Wagner Coffey Feeter

Krum

Parsons White Coggeshall Foley

La Roche Plunkitt Wilcox Cullen Ford

Mackey Raines Willis Davis DF Goodsell Malby

48

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in their amendments.

Mr. Higgins introduced a bill entitled "An act to amend chapter 672 of the Laws of 1898, entitled 'An act making an appropriation for the expenses of the National Guard and Naval Militia, and also for the National Guard and Naval Militia and volunteers, when called into service for the public defense or otherwise, and for the issue of bonds for such purposes” (Int. No. 1011), which was read the first time and by unanimous consent was also read the second time.

On motion of Mr. Higgins, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed, and referred to the committee on finance, retaining its place on the order of third reading. (SENATE JOURNAL.]

197

« AnteriorContinuar »