and applied. applied by said overseer to the purposes specified in this section. And if the said overseer of highways, Liabilities after receiving the written notice, as aforesaid, neglects, of over seers to fine, for neglect to open high ways. How recovered and ap plied. Superintendent of improvements. drain, curb and pave certain streets. without good and sufficient reasons, to have such highways opened, without delay, he shall be liable to a penalty of five dollars per day for every day he neglects such duty, the penalty to be collected in justice's court, with costs, by any one suing for the same, and the said penalty shall be paid over to the commissioners of highways, for the use of the town. Chap. 594. AN ACT to pave, macadamize, grade and widen certain streets in the village of Fonda, and to raise money and appoint a superintendent for the same, and for poll tax. Passed May 5, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. George C. Simpson, a resident and freeholder of Fonda, is hereby appointed and constituted superintendent of improvements, to regulate, grade and To grade, drain the street in said village known as the turnpike, from the easterly end of the bridge that crosses the Cayadutta creek in said village, to the easterly line of the street in said village known as the bridge road, and to curb and pave with stone, that part of the said turnpike from the easterly end of said bridge, across the Cayadutta creek to the easterly line of the street in said village known as Center street, and from the northerly line of the New York Central Railroad to the turnpike in Center street; and to face with gravel, broken stone or other hard substance, the remainder of the said turnpike, from the easterly line of said Center street to the easterly line of said bridge road, and on said bridge road to the railroad bridge; and also to regulate, grade and drain the street in said village known as Broadway, from the northerly line of the roadway of the New York Central Railroad to the northerly line of Prospect street, where it crosses Broadway, and to curb and pave the same with stone; and also to grade and drain the street leading northerly up and along the Cayadutta creek, from its intersection with the turnpike to the northerly line of the corporate limits of said village, at the foot of the hill near the house of George F. Mills, after the trustees have properly straightened, regulated and widened said street, and to face the same with gravel, broken stone, or other hard substance, in accordance with plans hereafter to be made by an engineer, under the direction of the said superintendent, such work to be Work, completed within three years after the passage of this completed. act, and sooner if practicable. when be bond of su prove § 2. Within ten days after the personal notice of the Official passage of this act, and before entering upon the duties perintend of said office, said superintendent shall execute and ent of imdeliver to the trustees of the said village a bond, in ments. such penalty as shall be prescribed by the trustees of the village of Fonda, conditioned that he will faithfully appropriate and account for all bonds, money and property that shall come into his hands as such superintendent, and that at the close of his term of office he will pay over and deliver to the treasurer of said village all and any money or property in his hands belonging to the fund appropriated and raised for said streets. ment of and engi expense of §3. The aforesaid superintendent shall have authority Employ to choose and to select and employ a suitable surveyor surveyor and engineer to prepare plans, maps and specifications neer. for the regulating, grading, draining, curbing, paving and facing said streets; and it shall be his duty to ascertain, as near as may be, the cost and expense of the construction of and work to be done on said streets, and E timate of shall immediately thereupon make his certificate in writ- work. ing under his hand, showing his estimate of the probable amount of money required for the construction of and work to be done on said streets, which estimate shall not exceed the sum of one dollar to each square yard of that part of said streets to be curbed and paved; and shall not exceed the sum of sixteen dollars and fifty cents to each square rod of that part of said streets to thorized. be faced as aforesaid, and shall deliver such certificate to the trustees of said village. Amount of outlay au Issue of village bonds for work. How exe cuted and § 4. The trustees of the said village of Fonda are hereby authorized and required immediately on such certificate being delivered to them to issue bonds, in the name of the village of Fonda, in sums not less than one hundred dollars each, to the full amount of the sum certified as aforesaid by the said superintendent. Such bonds shall be signed by the trustees of said village, and countersigned by the clerk thereof, and shall be made payable in manner following: One-third in amount of said bonds in one year, and one-third in amount of the same each year thereafter until the Rate of in whole shall be fully paid; such bonds to bear interest when pay able. terest. Superin tendent to bonds, at not less than par. at the rate of seven per cent per annum, and the interest to commence at the time of negotiating the same, and to be paid annually; and the said trustees shall, after issuing such bonds, deliver the same to the said superintendent as he shall from time to time require the same. § 5. The said superintendent, immediately upon the dispose of receipt of said bonds, is hereby authorized and required to appropriate the same to raise a fund for the construction and improvement of said streets; he shall have the entire control and negotiation of such bonds and shall make sale thereof, at a rate not less than par, and ceeds. shall apply the proceeds of such sale to the construcReceiving tion and improvement of such streets. And the said superintendent is further required immediately to reand award ceive proposals for the construction and improvement Applica tion of pro of pro posals thereof. One-half of tax to pay assessed on village. of the whole or any part of said streets, and to award the work and the furnishing of materials, or both, or any part thereof, to any person or persons, without favor or partiality according to his best judgment and understanding. § 6. The trustees of the said village of Fonda are bonds to be hereby directed to levy and assess in each year, upon the taxable property in the said village of Fonda, onehalf in amount of said bonds and interest falling due in said year. And the collector of taxes of said village is directed to collect and pay over when collected, the amount to the treasurer of said village, who shall, upon the surrender of said bond or bonds to be issued, pay the same. And the trustees of the said village of Assessors, roll of lands adjacent to ments. to make tax improve Notice of review Fonda, immediately after the delivery to them of the certificate mentioned in the fourth section of this act, shall give notice thereof to the assessors of said village, whose duty it shall be, on the receipt of such notice, forthwith to proceed and make an assessment or tax roll of all the real estate in said village, adjoining and immediately benefited by the improvement of said streets, entering thereon the names of the owners or occupants of the lands assessed, and what parcels are owned by non-residents according to their best information, and the name of any corporation or association owning any of said lands. They shall briefly, but carefully describe the lands on which any assessment shall be made, and assess on the property benefited a due proportion of one-half of the expense of such improvements as certified by said superintendent. When such roll is completed they shall fix a time and place of meeting to correct the same, and shall give notice thereof, by publishing the same once in the newspaper printed in said village. At the time and place so appointed, said assessors shall meet and proceed to correct said roll, and any person, corporation or association, conceiving himself or itself aggrieved, shall have a right to be heard in relation thereto. When Delivery of said roll shall be thus corrected, the said assessors shall roll, to vildeliver a true copy thereof, signed by them, to the clerk lage clerk. of said village, within twenty days after such correction. After the delivery of the roll as aforesaid, any person, Appeals to corporation or association, considering himself or them- board of selves aggrieved by the assessment of said assessors, shall have a right to be heard before said trustees at their first regular meeting after the delivery of said roll as aforesaid. Notice of such meeting shall be served on all the occupants of lands assessed, residing in said village, at least five days before the time of such meeting. And at the second regular meeting of said board, after Action of such delivery, the said trustees shall either confirm such thereon. assessment or annul the same. If they confirm the same it shall be final and conclusive on all parties interested, but if they annul the same, then all the proceedings shall be void, and the same action and proceedings may be had in the matter as before. corrected trustees. trustees Assess § 7. The trustees of the said village of Fonda are hereby directed to levy and assess in each year upon in tax roll. the property so placed on such assessment or tax roll ment, upon property described Duty of collector. Taxes and assess ments to be a lien and assessed as aforesaid by the assessors of said village and confirmed by the said trustees, and upon the owners or occupants thereof, one-third of the amount for which the same is assessed for the improvement of said streets, with the interest thereon and proper fees and charges for collecting the same. And the collector of taxes of said village is directed to collect and pay over when collected the amount to the treasurer of said village, who shall apply the same to the payment of the bonds issued by said village for said improvement which shall fall due during the year in which such tax is collected. § 8. All taxes and assessments charged upon any real estate under the provisions of this act shall be a lien upon lands. upon such real estate, from the time of filing the roll with the village clerk and the confirmation of such assessments by the trustees of said village. Trustees may enforce col. lection. Sale of lands for § 9. The trustees shall have power to collect by civil action any tax or assessment imposed under the provi sions of this act which shall be returned by the collector as unpaid. And all tax or assessment rolls filed with the clerk or delivered to the collector of said village, shall be presumptive evidence in all courts or places and in all actions or proceedings, that the taxes or assessments therein contained have been duly and regu larly imposed or assessed, and of the right of recovery thereof. § 10. Whenever any person upon whose real estate unpaid tax. or property a tax shall be assessed under this act, shall neglect or refuse to pay the same, and there shall be no personal property found whereon the same can be levied or out of which such tax can be collected, the collector shall make return thereof to the treasurer, and thereupon the said trustees are authorized to cause the estate on which said tax is assessed to be sold at public auction, for a term of time for the payment of such tax with the Service of interest at the rate of ten per cent, giving four weeks' notice of such sale in a newspaper published in said village and serving personal notice on the owner of said notice thereof. |