Imágenes de páginas
PDF
EPUB

ers to be

cil, shall acquire thereby, and such assessment shall be binding upon the owner or owners, or others interested, and shall be a lien upon such buildings, tenements, lots or real estate respectively; provided, further, that no more than one of said main sewers shall be made or determined upon in any one year, and not more than fifteen thousand dollars shall be expended in the making of such main sewers in any one year, and if the common council find that any one of said main sewers will cost over that sum, they shall construct in one year only so much thereof as will not exceed that amount, and apportion and assess the expense thereof as aforesaid; the acceptance by the common council of any sewer as completed shall be deemed its completion within the meaning of this act. Such main sewers shall be built by Main sewcontract, which shall be awarded to the lowest bidder, whose bid shall built by be satisfactory to the common council, who shall furnish satisfactory contract. security for the completion of his contract, plans and specifications. of any such sewer shall be made, and notice of where the same may be seen, and that bids will be received by the common council for said work, shall be advertised for at least two weeks, in two newspapers published in said city, before the bids for the same shall be opened and the contract awarded. And any tax payer of said city may apply to When taxthe supreme court for an injunction restraining the said common may apply council from proceeding to pass any resolution, do any work or make functio any assessment having relation to such main sewers, when the same is not authorized by the foregoing provisions, which injunction the said supreme court is hereby authorized to grant, in accordance with the usual practice of said court.

payers

and

The common council may also, in their discretion, cause common Sub-main main, sub-main and lateral sewers or drains now made or hereafter lateral constructed in any part of the city to be relaid, repaired or enlarged sewers in such manner as they may determine; and determine what part of the expense thereof, if any, shall be paid by the city; and shall apportion and assess the expense of such relaying, repairing or enlarging, or the residue of such expense, if any part be paid by the city, upon the owner or owners of, and others owning interests in dwellings, tenements, lots and real estate which the said common council shall deem benefited by said relaying, repairing or enlarging, in proportion, as near as may be, to the benefits and advantages which each, in the judgment of said common council, shall acquire thereby; and such assessment shall be binding upon the owner or owners and others interested, and shall be a lien upon such buildings, tenements, lots or real estate respectively.

They may also cause main, sub-main and lateral sewers and drains Ibid. in any part of the city to be made or extended upon the application in writing in each case of a majority of the owners of lots along which the proposed sewer or drain is to be made or extended, who shall reside in said city; and may determine what share or proportion, if any, of the expense of any such relaying, repairing, enlarging, making or extending shall be paid by the city, and may apportion and assess the expenses thereof, or the residue of the expense, if any part shall be paid by the city, upon the owner or owners and others owning interests in buildings, tenements, lots and real estate which they shall deem benefited thereby, in proportion, as near as may be, to the benefit and advantage which each, in the judgment of the common council, shall acquire thereby; and such assessment shall be binding upon the owner or owners and others interested, and shall be a lien upon such interests, buildings, tenements, lots or real estate respectively.

Proceed

private

property

for extending sewers.

Whenever in the judgment of the common council it shall become ing to take necessary to take private property for the purpose of making, relaying, repairing, enlarging or extending any sewer thereon, the common council shall cause a survey and map of said property to be made, which map shall indicate, as near as may be, the different lots of land affected, the owners thereof so far as they can ascertain the same, and the quantity of land required from each, and they shall file such survey and map in the clerk's office of said city. The common council may purchase the land so deemed necessary by them, of the owner or owners upon such terms and for such compensation as they shall agree upon, and thereupon receive a conveyance thereof to the city. If they do not ascertain who are the owners of such lands, or any of them, or do not agree on the terms of such purchase, they may acquire such title in the name of and for the city, in the manner prescribed in chapter one hundred and forty of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same," and the acts amendatory thereof, so far as the same may be applicable. The cost of such land and the expenses of obtaining the same shall be deemed a part of the expense of such sewer, and shall be included in the assessment therefor. For all such liens and charges, in this section mentioned, the common council shall issue their warrants and cause the same to be collected, with interest from the date of the assessment, in the same manner as other city taxes and assessments are collected. Any person in the possession of any real estate under contract for the purchase thereof may, in the discretion of the common council, be deemed the owner thereof for all purposes of this act.

Control

of sewers.

Highway fund.

Ordinary

The common council shall have the control, care and maintenance of, and access to, all public sewers in said city and may pass any bylaws in relation to the same, and may, when deemed necessary, appoint a superintendent of sewers for such time and at such compensation as they may prescribe, who shall have charge of such sewers subject to the control and direction of the common council.

TITLE V.

FINANCIAL REGULATIONS AND RESTRICTIONS.

§ 32. The common council may cause to be raised by taxation upon the taxable property in the city the sum of not exceeding fifteen hundred dollars in each year for the general fund, the sum of not exceeding three thousand dollars in each year for the highway fund, and further sums for the general fund, for the highway fund and for special purposes, upon the adoption of propositions therefor submitted to be voted upon at special elections, as herein provided, if a majority of votes cast upon such propositions shall be in favor thereof. The additional amount to be raised for the general fund pursuant to such vote shall not exceed one thousand dollars in any year, and for the highway fund shall not exceed two thousand dollars in any year.

§33. Only the following items shall be included in the ordinary exexpenses. penses of the city, payable out of the general fund :

1. The compensation to those officers of the city to whom compensation is expressly allowed by law.

2. For publishing the charter and by-laws, the proceedings of the common council and notices.

3. For the necessary expenses of surveys and maps of the city and of any streets and public grounds.

4. For procuring the necessary blank books, blank forms, book cases and stationery for the use of the clerk and other officers, and for the rent of rooms and purchase of furniture, fuel and lights for the meetings of the common council and of the electors, and for rent of

court-room.

5. For prosecuting and defending actions in which the city is a party or bound to indemnify a party, and for other services requiring legal skill.

6. For the necessary advances in making or repairing sidewalks or sewers, or abating nuisances, and after such proceedings have been had as to make such expenses a lien upon real property, upon failure of the owner to comply with the directions of the common council in respect thereto.

7. For maintaining and keeping in repair and serviceable condition Ibid. the fire engines, fire hooks and ladders, and other apparatus for extinguishing fires, and furnishing fuel for the steam fire engines, and paying compensation of firemen.

8. For maintaining and keeping in good repair an engine house for each engine and its apparatus, or for hiring suitable places for these

purposes.

9. For procuring and maintaining a public pound.

10. For keeping in repair any public reservoirs, and water-pipes and fixtures connected therewith, and for maintaining supplies of water therein, and for keeping in repair any other property belonging to the city.

11. For making and maintaining sidewalks in front of any public grounds in said city, set apart, or which may be set apart and dedicated to public use, and for planting and securing trees in and about such grounds, and for paying any taxes or assessments thereon, or upon any property belonging to the city.

12. To light such of the streets as the common council deem proper. 13. To pay any damages lawfully ascertained or assessed upon laying out, opening or altering any street.

14. For the necessary expenses of doing any act expressly authorized by law, and to pay any lawful judgment against the city.

15. Any surplus of the general fund may be appropriated by the common council to any of the special purposes enumerated in section thirty-four.

special

§ 34. The common council may also submit, to be voted upon at Tax for special meetings and elections, to be called by it for that purpose, pro- purposes positions for raising, by taxation upon the taxable property in the city, to be subspecified sums of money for special purposes for one or more of the vote. following objects:

1. To purchase fire engines, fire hooks, ladders, hose and other apparatus for extinguishing fires.

2. To purchase or hire sites, and to hire, purchase or erect buildings for suitable engine and hose houses, when necessary.

3. For improving any public grounds of the city.

4. For procuring and fitting up a lock-up and police court-room. 5. For procuring the necessary fixtures and lighting the streets when the general fund shall be insufficient.

6. For increasing the highway fund when deemed insufficient.

7. For purchasing or leasing grounds for city purposes, and for erecting, improving, furnishing or repairing any public buildings owned or used for city purposes.

mitted to

Elections, where to be held.

Form of resolution.

Amount to be specified.

Money must be

purpose for which raised.

8. For constructing and maintaining a walk to the cemeteries situate on the westerly side of the state road in the vicinity of said city.

§ 35. All elections or meetings at which special taxes are to be voted upon shall be held at the common council room, on a day other than that on which the annual election under this act is held. The common council shall designate three of its number who shall act as inspectors at such meeting or election. The polls of such election shall be kept open not less than four hours. It shall be the duty of persons acting as inspectors to have at such election the assessment-roll on which the last preceding city tax was levied, and to examine it in the case of each and every person offering to vote; and only such persons as have resided in the city of Ogdensburg for at least six months preceding and are shown to be tax payers on the last preceding assessment-roll and are otherwise qualified electors, shall be deemed qualified to vote at such special meeting or election upon any proposition to raise money by taxation. Before any tax can be voted for at any such election or meeting, a notice must be published, by order of the common council, and signed by the mayor or clerk, for at least two weeks in at least two newspapers published in said city, stating that the tax payers will vote for or against the tax, specifying the object or objects, stating the sum proposed to be raised for each object, and an estimate, by items, of the cost of each proposed object, and submitting one or more resolutions, substantially in the following form:

Resolved, That the sum of dollars be raised by tax for the purpose of (stating concisely the purpose of raising the proposed tax). Which notice must also be posted for the same length of time prior to the election in such places in said city as the common council shall direct. If more than one resolution be proposed they shall be numbered. The vote thereon shall be taken by ballot, which shall have on the inside the words "for the resolution, or "against the resolution," and be deposited in a separate box, to be labeled "city tax." And when more than one resolution is submitted, the vote shall have the words "for the first resolution," or "against the first resolution,” and so as to each resolution submitted.

[ocr errors]

§ 36. A resolution to raise money by tax shall be to defray the ordinary expenses, or for some of the objects enumerated in the thirtyfourth section of this act, and must specify the amount to be raised and the purpose for which it is to be raised, and shall embrace but one such special purpose; and any resolution adopted in violation of this title shall be void.

§ 37. The money raised by taxation must be applied to the purpose applied to only for which it was raised, and must be kept in distinct funds and separate accounts on the treasurer's books, but its purpose and object may be changed to any other object by a subsequent resolution of another election, submitted by the common council and adopted, after due notice, in the same manner as herein provided for the resolution directing such tax, when such change can be made without violating a contract. The vote on such resolution shall be taken by ballots having on the inside the words, "for the resolution," or "against the resolution."

Form of ballot.

When to be levied.

§ 38. The entire amount of every special tax voted in accordance with the provisions of this act shall be levied and collected at the next annual levy of taxes following such vote, except that taxes voted in accordance with and for the purposes provided for in section ninetytwo of this act, may be raised in accordance with the provision of that section. But special taxes which have been voted prior to the passage

of this act, the collection of which shall have been directed by the common council to be extended over one year, shall be levied and assessed as so directed, and shall not be affected by the provisions of this section.

be in

$39. No debt or liability shall be incurred by the city except for its Debts not ordinary expenses, within the income of the current year, applicable tored to that purpose, except that when the raising of money for a special purpose shall be voted as provided in this act, the amount when necessary may be borrowed, or a liability by contract for the special purpose may be incurred, not exceeding the expense ordered, until the amount can be raised by tax as herein provided.

$40. Claims against the city shall only be paid when presented, Claims, allowed and certified as follows:

1. The claims must be in writing showing the nature thereof, and when comprising several items, specifying them, and must be verified by the affidavit of the claimant, or some other person, to the effect that the services were rendered or disbursements made, or otherwise proving the facts constituting the claim, and that no payment has been made thereon, or if any, how much.

2. The claim must be presented to the common council, and allowed by resolution, adopted by ayes and nays, to be entered in the journal, for such sum, if any, as the common council shall be satisfied is justly and legally due from the city thereon, stating the fund from which it is payable, if other than the general fund.

3. The order for the payment of the amount so allowed shall be signed by the mayor and countersigned by the clerk, who shall keep a record of all orders with reference to the resolutions authorizing the

same.

audit of.

to pay day

4. The common council may authorize the treasurer to advance Advances sums, to be specified, to street commissioners or other officers to pay laborers. day laborers. And all such moneys shall be immediately accounted for by presentation and audit of claims as above provided.

TITLE VI.

DUTIES OF THE SUPERVISORS, TREASURER AND CLERK.

41. The supervisors shall be members of the board of supervisors Supervisof the county of St. Lawrence, and shall perform the duties of super- ors. visors in and for their respective wards and the county the same as supervisors of towns.

bond of,

42. The treasurer, before entering upon his official duties, shall Treasurer, execute a bond to the corporation in such penalties and with such etc. sureties as the common council approve, conditioned that he will faithfully perform the duties of his office as treasurer, and also as collector ex-officio, and account for and pay over according to law all moneys belonging to the city that shall come into his hands. He shall receive all moneys belonging to the city and shall pay the same into the public depositary, according to the provisions of this act.

43. The treasurer shall, two weeks before each annual meeting, or Statement when requested by the mayor or common council, present to the of. mayor a statement, showing the state of the treasury as to each fund, and the several sums received and paid out during the year, and when received and paid, and from and to whom.

duties of.

§ 44. The clerk shall attend and act as clerk at all meetings of the Clerk, common council, and record in the proper journals of the city all resolutions, ordinances, directions and determinations adopted, and all

« AnteriorContinuar »