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422

CHAP 841.

struct trunk sewer.

Commissioners or sewers.

Oficial oath.

AN ACT to create a board of commissioners of sewers of the

city of Buffalo, to define their powers and duties, and to provide means for the construction and maintenance of certain sewers in the city of Buffalo.

PASSED June 8, 1882 ; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows: May con- Section 1. The city of Buffalo is hereby authorized and empowered

to construct a trunk sewer from a point in Niagara river, north of the water-works and south of Albany street, to a junction with the Mill Race sewer, so-called, including a tunnel to be used as an outlet to said sewer under the Erie canal and Black Rock harbor, and also a connecting sewer from the well-hole in the westerly end of Bird avenue sewer to said tunnel.

§ 2. Immediately upon the passage of this act the mayor of said city, by and with the advice and consent of the common council, shall appoint five persons commissioners of sewers of said city.

§ 3. Before entering upon their duties the said commissioners shall severally take the oath of office prescribed by section one of article twelve of the constitution. The said commissioners shall hold meetings at the office of the park commissioners in the city of Buffalo. At

the first meeting they shall select one of their number as chairman. Record. A record shall be kept of all the proceedings of said commissioners.

Subsequent meetings may be held at the call of the chairman, and said commissioners may, by resolution, tix the time for holding

regular and stated meetings. Notice of all meetings shall be given by meetings. the clerk by depositing a notice addressed to each of said commissioners

in the post-office at Buffalo at least one day before such meeting is to Quorum. I be held. A majority of said commissioners shall constitute a quorum

for the transaction of business by them. None of said commissioners shall receive any compensation for his services, but shall be paid for

all expenses incurred or expenditures made in the discharge of his Vacancies. duty, out of the funds by this act created. If a vacancy shall occur in

the number of said commissioners by death, resignation, removal from the city or otherwise, such vacancy shall be filled in the same manner as provided in section two of this act. Said commissioners, when organized, shall be known as “the board of sewer commissioners of the city of Buffalo," and shall, as soon thereafter as practicable, submit to the common council of said city plans and specifications for said sewers, including the route of the same, which plans, specifications and route shall be subject to the approval of said common council.

§ 4. Whenever the common council of said city shall have adopted work, etc. plans and specifications for said work, including the line of route

thereof, they shall, by a resolution to be approved by the mayor and entered upon the journal of their proceedings, order such work and define the said route. And the said work shall be done by and under the direction of the said “board of sewer commissioners of the city of Buffalo." The plans, specifications and route, when adopted, shall not be changed except on the recommendation of the commissioners and the approval of the common council.

8 5. Said sewers and tunnel shall be constructed by contract ; said structed

Notice of

Board.

When to order

To be con

tractors.

essary may

commissioners shall advertise for proposals for constructing said byconsewers and tunnel, and furnishing material for the same, under one entire contract, or in parts or sections under several contracts, as they shall deein for the best interests of the city, for a period of not less than ten days in the official paper and in at least one newspaper printed in Boston, New York, Cleveland, Cincinnati, Chicago and St. Louis. The said commissioners shall require a bond of each person who shall submit proposals in such amount and with such sureties as they shall determine, to be submitted with such proposals, condi. tioned that the persons or person making such proposals shall enter into a contract for furnishing the labor and materials for and constructing such sewers and tunnel, or the portion thereof for which such proposals are asked and submitted, according to the plans and specifications, at his proposal or bid, and that he will furnish such security as said board shall require to be furnished for the faithful performance of his or their contract.

And said commissioners shall require any person or persons with Security to whom they shall contract for doing said work or furnishing said by conmaterials, or any part thereof, to give sufficient security, to be approved by them, for the faithful performance of such contractor contracts. Said commissioners may reject any and all proposals and bids which may be made to them, and may contract with other than the lowest bidder for such materials and work, or any part therof, and may readvertise for the same. Said commisioners are hereby authorized to expend a sufficient amount of money to perform all the duties imposed upon them by this act.

If it shall be necessary to use in the construction of said sewer any Lands neclands owned by privato individuals or corporations, said commissioners te ac? may purchase the same of such individuals or corporations, or may

quired. agree with them upon the terms upon which said lands may be used for the purposes of said sewers and tunnel. If said commissioners shall be unable to agree with any person or corporation upon terms at which any property may be purchased, or the right to use the same acquired, said commissioners may institute and conduct proceedings before the supreme court or the superior court of Buffalo, for the purpose of condemning said lands to public use. The said proceedings shall be commenced in the name of the board of sewer commissioners of the city of Buffalo, and in the manner and according to the practice prescribed by the laws of the state of New York for appraising lands sought to be taken by railroad corporations. When said lands have been appropriated in said proceedings and the consideration therefor paid or deposited, the title thereto and the uses therein shall vest in fee in the city of Buffalo.

8 6. Said board of commissioners is hereby authorized, with the May use consent and under the direction of the superintendent of public works portions de and state engineer, to use a portion of the north side of the Main and of Main Hamburg canal in said city of Buffalo, not exceeding twenty-five feet burg Camai, in width, for the purpose of constructing said sewer. Permission is etc. further granted to lay a sewer in or along the towing path of the Erie canal, in the city of Buffalo, from Bird avenue to Albany street, and in front of the Buffalo water-works, subject to the approval and consent of the superintendent of public works and the state engineer. The construction of said sewer upon said canal lands, and the tunnel under the Erie canal and Black Rock harbor, as authorized by section one, to be upon plans and specifications approved by the state engineer and surveyor and the superintendent of public works, and the city of

side

and

omcers not to furnish

etc.

to be de

Buffalo shall at its own cost and expense maintain and keep said sewer, its walls and banks, and said tunnel in perfect repair, as may

be required by the superintendent of public works. Engineer. $%. The said commissioners shall have authority to employ an en

gineer and such other necessary assistants as they may require in the discharge of their duties. Said commissioners may also call upon the engineer of the city of Buffalo for assistance in the discharge of their duties. They shall keep a full record of their proceedings, which shall at all times be open to the inspection of the mayor of the city of Buffalo, the president of the common council, or any committee appointed by that body. Said commissioners shall, upon the completion of their duties under this act, cause said record to be deposited in the office of the clerk of the city of Buffalo.

$ 8. It shall be a misdemeanor, punishable by fine or imprisonment,

for either of said commissioners, or any clerk, engineer, superintendent material, or inspector appointed by them, to be in any way or manner interested,

directly or indirectly, in furnishing any material or labor for the construction of said sewer or tunnel, or in any contract which said com

missioners shall make hereafter. Benefits, § 9. If by reason of the construction of said sewer any of the propments for. erty on the line of said sewer shall be benefited in any way other than

in the matter of drainage, then such improvement shall be deemed a local improvement and said common council shall have the power to

order an assessment upon the property deemed benefited thereby. Cost how § 10. For the purpose of defraying the cost of said sewers and tunnel frayed.

and all expenditures authorized by this act, including the compensation to be paid and expenditures incurred in proceedings to acquire the title to a right of way under and across any property, the bonds of the city of Buffalo to such an amount as shall be necessary shall be issued by the mayor and comptroller of said city; said bonds shall be known as “ Buffalo sewer bonds,” and shall be payable as follows: One hundred and fifty thousand dollars on the first day of August, eighteen hundred and eighty-three, and one hundred and fifty thousand dollars on the first day of August of each and every year thereafter until the whole amount of bonds issued under the provisions of this act shall be paid ; said bonds shall bear interest at an annual rate not to exceed five per cent, payable semi-annually from date, at such place as said common council shall designate. They shall not be negotiated at a less sum than par value, including interest from date, nor until proposals for the same shall have been invited by public advertisement in such a manner as the said common council shall direct. All moneys borrowed by said city upon the security of said bonds, and all moneys raised by general tax for the benefit of the Trunk Sewer Fund, as hereafter authorized, shall be paid into the treasury of the city and shall be used for the purposes authorized by this act, and for no other purpose whatsoever, and shall only be paid out of the treasury by warrants drawn by direction of the common council upon said fund. All warrants drawn upon said fund shall be drawn by direction of the common council of said city upon the estimate and recommendation

of the commissioners appointed by this act, and at such times and for (ieneral such sums as they shall recommend. The comptroller of said city tax.

shall include in his estimate of the amount necessary to be raised by general tax to carry on the city government for the year one thousand eight hundred and eighty-three, and for each year thereafter, a sum sufficient to pay the interest on all of said bonds outstanding, and to pay the principal of so many of said bonds as shall become due on each

of said years, and said common council shall confirm said estimate and cause the said sum to be raised as a portion of the general tax of the year in which said estimate shall be submitted and confirmed. The proceeds of said tax shall be applied to the payment of said bonds and the interest thereon and to no other purpose whatsoever. The treasurer and comptroller of said city shall cause to be opened in their respective offices an account to be designated “The Trunk Sewer Account," to which all moneys paid into the treasury, under the provisions of this act, shall be charged and to which all moneys paid out by said treasurer upon warrants drawn against said fund shall be credited. The interest upon the bonds herein before authorized, and which shall be issued pursuant to the authority herein granted, accruing prior to the year one thousand eight hundred and eighty-three, shall be paid out of any moneys in the treasury which may have been realized by the sale of lands owned by the said city.

$ 11. Any surplus of the proceeds of such bonds remaining after Surplus payment of the costs and expenditures incurred by the provisions of this act shall remain to the credit of such sewer account, and shall be paid out only on warrants issued in payment of expenses incurred in maintaining said sewer. The comptroller shall annually, after the completion of said sewer, include in the estimates submitted by him to the common council a sum sufficient to defray the cost of maintaining said sewers and tunnel, which sum shall be included in the general tax of that year.

8 12. Chapter thirty-eight of the laws of eighteen hundred and Act reseventy-nine, “ An act authorizing and empowering the common coun- pealed. cil of the city of Buffalo to use a portion of the Main and Hamburg street canal'in said city for the purpose of constructing a sewer and for leave to pass under the Erie canal,” is hereby repealed.

$ 13, This act shall take effect immediately,

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AN ACT to amend chapter four hundred and sixty-eight of

the laws of eighteen hundred and seventy-two, entitled "An act to revise, amend and consolidate the several acts in relation to the charter of the city of Hudson.”

PASSED June 8, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact us follows :

SECTION 1. Section sixty of title five of chapter four hundred and sixty-eight of the laws of eighteen hundred and seventy-two, entitled "An act to revise, amend and consolidate the several acts in relation to the charter of the city of Hudson," is hereby amended so as to read as follows:

Notice to

NOTICE, WHEN TO BE PUBLISHED AND SERVED ON OWNER. $ 60. In case it shall be necessary to appropriate for any street, square, lane, highway, walk, bridge, drain or sewer, any real estate, he pub

Jished and property, right or easement, which the city may not be permitted by served in the owner freely to appropriate, and cannot purchase by contract with case of ap

propri the owner thereof, in addition to the notice provided in section fifty- ation of

lands for
streets,
etc.

eight, the common council shall cause a notice to be served upon each of the owners of such real estate, if they can be ascertained, that the common council will act upon the question of making an appropriation thereof for the purpose proposed, at least two weeks after such service. The notice shall be served personally upon persons residing in the city, or by leaving the same at their places of abode with some person of suitable age and discretion. Upon non-residents it may be served personally, or by mailing it, addressed to them at their reputed places of abode. In case the owners are unknown, or their places of abode cannot be ascertained, the publication of the notice once in each week, for two weeks in the official newspapers, shall be equivalent to personal service

§ 2. Section sixty-six of said act is hereby amended so as to read as follows:

streets,
etc.

etc.

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STREETS, ETC., MAY BE LEVELED, GRADED AND PAVED - PROPOSALS

TO BE RECEIVED AND OPENED - DETERMINATION.
Grade of $ 66. The common council shall have power to cause any street,

highway, lanc or alley in said city to be graded, regraded, leveled,
paved or repaved, and to cause such crosswalks, drains, sewers, cul.
verts and bridges to be made therein as it shall deem necessary, and
the same to be repaired, repaved, regraded, amended, enlarged or re-

laid as they shall deem necessary. Plans, etc. Prior to the passage of an ordinance for such purposes, the common

council shall cause a plan and accurate specifications of the work proNotice of posed to be constructed, to be prepared. It shall then cause the specimeeting, propusais, fications so prepared, to be published in the official newspapers for the

space of two weeks with a notice that on a certain day, at least two weeks after the first publication of said notice and specifications, or as soon thereafter as a quorum of said council can be obtained, the common council will act in relation to the construction of the said work, and that in the meantime scaled proposals for constructing the work, with bonds for the faithful performance thereof, will be received by the mayor. Upon the day mentioned in the notice, or as soon thereafter as a quorum can be obtained, the mayor shall, in the presence of

the common council, open the sealed proposals for the construction of What pro- the work. No proposal shall be considered which shall not be accomposals to

panied by a bond, to be approved by the common council, in a penalty sidered, such as the common council shall prescribe in the notice hereinabove

provided for, with at least two sureties, each of whom shall make affidavit that he is a resident of and a householder and freeholder within the state, and is worth the penalty of the bond over all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under an execution. The sum in which a surety is required to justify may be made up by the justification of two or more sureties each in a smaller sum, but the same per

son cannot so contribute to make up the sum for more than one surety. Condition The said bond shall be conditioned that if the proposal be accepted, of bond.

the person proposing will do the specified work at the price and upon terms proposed, according to the plans and specifications for said work, and subject to the supervision and approval of the common council and of such persons as the said council may appoint to superintend

the said work. Accept- The common council may then determine whose is the most favor. proposals.

able proposal, and accept the same, or before so determining and ac

be con

etc.

ance of

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