Bond issues authorized.

necessary for the purposes of this act, and the expenses thereof shall be fixed by the said board of trustees and paid by them out of the proceeds of the bonds issued under and pursuant to the provisions of this act. Before taking any proceedings for the construction or installation of the work contemplated by this act, said board of trustees shall cause plans and specifications of the same to be made and approved by said board of trustees and submitted to the state board of health for its approval, and when approved by said state board of health said plans and specifications shall be filed in the office of the state board of health and a copy thereof shall be filed in the office of the clerk of the village of Port Chester. Such plans and specifications may be amended at any time by said board of trustees, with the approval of the state board of health, and when amended and approved shall be filed in the same offices and in the same manner as the original plans and specifications, and such plans, and any amendments thereof, shall show the proposed location of said incinerator and its appurtenances.

3. In order to provide means for the purpose of carrying out all of the provisions of this act, and the paying of any and all necessary expenses in connection therewith, including the payment for property or easements acquired or taken by said village, including all costs, allowances and expenses of such proceeding, said board of trustees may, and they hereby are authorized and empowered to, issue from time to time, or at one time, and either before or after the letting of contracts as herein provided, bonds in the name and under the seal of said village of Port Chester, for such sum or sums as said board of trustees may deem necessary at that time to pay all the expenses and liabilities incurred or to be incurred by them under the provisions of this act, or such part thereof as to them shall be deemed for the best interest of the said village, but the aggregate par value of bonds so issued shall in no event exceed fifty thousand dollars. Said bonds shall denomina be signed by the president and treasurer, attested by the village clerk and sealed with the corporate seal. They shall be of such denomination and bear such rate of interest, not exceeding six per centum per annum, and mature at such time or times, and in such sums as the trustees may determine, but not more than fifty years from their date; said bonds shall not be sold for less than their par value, and the proceeds of the same shall be used only for the purposes provided in and by the provisions of this

Bonds;

execution,

tion, sale, etc.

act; they shall be so issued as to provide for the payment of all bonds issued under this act in equal annual installments, the first of which shall be payable not more than five years from their date. They shall be sold upon sealed proposals to the highest bidder, upon notice printed in at least one newspaper published in the village of Port Chester, and upon such other notice as may be designated by said board of trustees, and posted in at least five public places in said village at least ten days before the sale thereof, but said board may reject any or all bids and may require a deposit as security for the performance of bids. Said bonds shall be known as "Port Chester Incinerator Bonds," may be either registered or coupon in form, and shall be numbered from one to the highest number issued, and the clerk of said village зhall keep a record of the number of each bond, together with its denomination, date, rate of interest, date of maturity and the name of the purchaser thereof, or the person to whom issued, or in whose name the same shall be registered. The amount of interest and principal of said bonds shall be a Tax for charge upon the taxable property in the village of Port Chester, and said board of trustees are hereby authorized and empowered to raise by tax levy upon the taxable property of said village such sum or sums as may be necessary to pay the interest and principal of said bonds as the same shall severally mature and become due and payable. The faith and credit of said village credit of are hereby pledged for the payment of such bonds and interest pledged. as may be issued by authority of this act.

payment.

village

filing,

amend

tents, effect

§ 4. Said board of trustees before proceeding with the work Maps: authorized under this act shall cause to be prepared in duplicate and shall approve a map or maps of such lands or easements sect necessary to be acquired or taken, with a certificate of such of adoption. approval indorsed thereon by a majority of said board, and shall then cause one duplicate of said map or maps to be filed in the office of the county clerk of the county of Westchester and the other duplicate in the office of the clerk of said village. Any map or maps so approved and filed may be amended by a subsequent map or maps, approved and filed as was the original, and thereafter all proceedings shall be in reference to the last amended map. Said map or maps, or amended map or maps, shall show the property to be taken or acquired and the interest therein to be so taken or acquired. The adoption of the said map or maps by said board shall be a sufficient determination

Project

declared

a village

purpose.

Entry on lands for

Acquisi

tion of real

of the fact of what interest in the premises is to be acquired. The construction and maintenance of said incinerator, and all incidental proceedings for the purpose of carrying out the provisions of this act, are hereby declared to be for a village purpose. Said board of trustees, their agents, engineers, surveyors, survey, etc. experts and such other persons as may be necessary to enable them to perform their duties under this act, are hereby authorized to enter upon any land, or interest therein, for the purpose of making surveys or examinations and procuring maps required by this act. Said board of trustees may agree with the owner or property. persons interested in any real estate or easement laid down or shown on said map or maps, either for the acquiring of the fee thereof or an easement therein, as specified on said map or maps, as to the compensation to be paid to such owner or owners or persons interested, for the taking, or using and occupying such real estate, and the compensation so agreed upon shall be paid out of the proceeds of the bonds issued under and pursuant to the provisions of this act; and if in any case said board shall be unable to agree with the owner or owners of, or other persons having an interest in lands deemed necessary by said trustees in the construction and prosecution of the work authorized by this act, or when by reason of legal incapacity, absence or inability of said board of trustees, or their representatives, to meet with or consider the question of the compensation to be paid to such owner, owners or other persons, and no agreement can be made for the purchase of such lands or easements, the land or rights or interest in lands or easements, so deemed necessary for the purpose of this act, shall be acquired by condemnation in proceedings instituted by the said board of trustees on behalf of the village of Port Chester in the manner provided by the code of civil procedure for the condemnation of real property for public purposes. In case commissioners to ascertain the compensation to be made to the owners of property to be taken in proceedings for the condemnation of real property shall be appointed, as provided by the code of civil procedure, the village of Port Chester shall, on filing of the oaths of said commissioners in the office of the county clerk of the county of Westchester, be and become seized of all those parcels of real estate described in the petition and which are on the map or maps shown as parcels of which it has been determined that the fee or easement therein should be acquired, in the proceeding in which said commiз

sioners were appointed, and said board of trustees, on behalf of said village, may immediately, or at any time or times thereafter, take possession of the same, or of any part or parts thereof. The treasurer of said village shall receive all sums of money obtained for the purposes of this act and pay the same upon order of said board of trustees, and shall, within four calendar months after the confirmation of the report of the commissioners to ascertain the compensation to be made to any person or party on account of any real estate or interest therein taken as provided by this act, pay as directed by the order of confirmation to the respective owners or parties interested or mentioned and referred to therein the sum or sums of money so awarded with lawful interest thereon from the date of filing the oath of said commissioners of appraisal, together with the costs and allowances, if any, granted in and by the terms of said order, provided, of course, no appeal shall be taken therefrom.

authorized

work done

ing for

5. Said board of trustees shall have full power and authority Trustees to provide for the doing of the work and the furnishing of the to have material contemplated by this act by one or more contracts, and by contract. for that purpose shall prepare, or cause to be prepared for their approval, such contracts, plans, specifications and estimates and bonds for the faithful performance of the doing of the said work and the furnishing of the said material, as to them shall be deemed for the best interest of the village. When the form of any con- Advertistract, with its specifications and the form of the bond for the proposals. faithful performance thereof, shall have been adopted and approved as provided by this act, said board of trustees shall advertise for sealed proposals for the doing of the work, or the furnishing of the material, or both, as called for in such approved form of contract, in at least one newspaper published in said village, to be designated by said trustees, such advertisement to be inserted once each week for at least two weeks, and to provide that on a date therein named, at a certain time and place, at least two weeks from the first publication thereof, bids or proposals for the doing of said work, or the furnishing of said materials, will be opened, and that in the meantime sealed proposals for the constructing of the work or the furnishing of the materials, or both, as the case may be, and such other matters as may be required by said trustees, will be received by the clerk of the village up to the time fixed for the opening of bids, and which proposal must be accompanied by a duly certified check drawn

Award of

contract.

Readvertising.

upon a national bank, state bank or trust company, and payable to the order of the treasurer of the village of Port Chester, in an amount not less than five per centum of the amount bid, or of the amount payable under the bid according to the plans, specifications and estimate. The president, or in his absence the presiding officer, shall at the time mentioned in the notice, and in the presence of the trustees, open the sealed proposals so submitted, and the trustees may then, or at such subsequent date as they may adjourn to for that purpose, by vote of a majority of all the trustees, to be ascertained by taking a record of the ayes and noes, direct the construction of the proposed work and award the contract to the lowest responsible bidder, and they may in their discretion reject any or all of such bids. In the case of the rejection of all of such bids the said board of trustees shall readvertise said contract and shall receive and dispose of the bids tendered under such readvertisement in the manner provided for in this act. In case any work shall be abandoned by any contractor or his contract terminated, pursuant to the provisions thereof, it shall be readvertised and relet in the manner in this act provided Contractor for the original letting of said work. Within ten days after the awarding of any contract, as herein provided by the board of trustees, the bidder to whom the contract is awarded shall execute the contract and furnish the security required by the said board of trustees, and in case of his failure or neglect so to do the amount deposited by him when submitting his bid shall be forfeited and retained by the village of Port Chester as liquidated damages for such refusal or neglect, but if the said bidder to whom the said contract is awarded shall execute the contract and furnish said security within the time aforesaid the amount of his That no contract shall be deposit shall be returned to him. awarded for any part or portion of said work until plans for the entire work contemplated by this act have been adopted and estimates for the total expense thereof and satisfactory to the board of trustees have been received by them, so that in no event shall be exceeded. the limit of cost fixed by this act be exceeded.

to furnish

security.

Contract

not to be awarded until

plans are adopted.

Limit of

cost not to

Payment
of moneys.

§ 6. All sums of money payable to any party, person or corporation, under and pursuant to the provisions of this act, for work done, material furnished or rights acquired, and all such other expenses in and about the same as are not herein required to be under contract let after competition, together with all amounts payable on account of contracts, shall be paid upon the