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CHAP. 180.

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AN ACT creating a board of town auditors in the several

towns of this State and to prescribe their powers and
duties.

PASSED April 29, 1875; three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly do enact as follows:
SECTION 1. In addition to the officers now authorized by law to be

Board of elected at town meetings, there shall be chosen in the manner herein- town after provided in each of the towns of this State, at the next annual

auditors. town meeting held after the passage of this act, and annually thereafter, three town auditors, whose term of office shall continue during one year after their election, and who shall form the board of town auditors of the town for which they are elected.

§ 2. All the powers conferred by law upon boards of town auditors, Powers and all duties required by law to be performed by such boards, are con- and duties ferred upon and shall be required of the town auditors elected or appointed under and pursuant to this act. All bills and claims must be presented on the first day of their session.

$ 3. Such town auditors shall be voted for upon the same ballots as Manner of other town officers, and the ballots received and canvassed, and their voting for election certified, excepting, however, that only two of such auditors auditors. shall be voted for on each ballot, and the two persons having the highest number of votes shall be declared elected as two of such auditors, and the person having the next highest number of votes shall be appointed by the presiding officers of such town meeting, or in case the election is held in election districts, by the supervisor and justice of the peace of such town or a majority of them, as the other of such auditors.

§ 4. No person shall be elected or appointed as such town auditor, or shall Qualificahold office as such, unless he is a freeholder of the town for which he shall be elected or appointed, and no person so elected or appointed shall hold any other office in such town during the term for which he is elected or appointed; and if he shall accept an election or appointment to any other office in such town, he shall immediately cease to be a town auditor, and the vacancy in his office shall be supplied in the manner hereinafter required.

$ 5. Each of such town auditors shall be entitled to and shall receive for his Compenservices three dollars per day for each day not exceeding three, actually employed sation. by him in the performance of the duties of his office. In case of any vacancy Vacancies. occurring in the board of town auditors, by the death or removal from the town of any or either of such auditors, or by his neglect or refusal to accept such office, the supervisor of the town in which such vacancy occurs may appoint some suitable and competent person to fill such vacancy until the next annual town meeting thereafter.

§ 6. This act shall take effect immediately. The following named counties and towns have been "exempted from the provisions and operations" of the above act, viz.:

Bych, 99, L. 1877 (as amended by ch. 179, L. 1879), “the counties of Suffolk (except the town of Islip), Onondaga, Saratoga (except the town of Saratoga Springs), Ontario, Yates, Rensselaer, Genesee, Schenectady, Monroe, Livingston, Otsego, Schoharie (except the town of bharie), Niagara and Orleans." By ch. 358, L. 1878, the counties of Wayne, Delaware, Allegany, Oneida, Cayuga, Erie, St. Lawrence, Schuyler, Rockland, Orange, Sullivan and Broome.' By ch. 21, L. 1879, “the counties of Lewis, Madison (excepting the town of Lenos), Wyoming, Queens and Jefferson (except the towns of Le Roy, Watertown and Wilna, and the town of Thurman, county of Warren).' By ch. 399, L. 1879, "the towns of Afton and Plymouth, in the county of Chenango.” By ch. 24, L. 1880, the county of Oswego (except the

towns of Mexico, Richland and Sandy Creek.)". By ch. 107, L. 1880, "the towns of Guilford and Greene, Chenango county." By ch. 314, L. 1880," Fulton county.” By ch. 75, L. 1880,"the town of Scipio, in the county of Cayuga,” was, “in all things, made subject to the provisions and operations" of the above act; and by ch. 236, L 15.), a board of town auditors was created in the town of Newtown, Queens county.

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CHAP 181.

Amended by ch. 86, Laws 1879

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AN ACT to authorize the villages of the State of New York

to furnish pure and wholesome water to the inhabitants thereof.

PASSED April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Board of SECTION 1. The authorities of any incorporated village in this State missioners: may hereafter organize into a board of water commissioners in the

manner by this act provided. Who may

§ 2. For the purposes of this act, said authorities are hereby defined organize.

to be, in villages, the board of trustees thereof. The terms of office of

said commissioners shall respectively continue for the terms for which post, p.502. said authorities shall be, or shall have been, respectively elected.

$ 3. Whenever a majority of said authorities, in a village, shall deem organize. it advisable to organize as a board of water commissioners, they shall

certify the same in writing to the clerk of the village, who shall thereupon and within five days thereafter, notify said authorities, in writing, to attend a meeting to be held within five days thereafter, for the purpose of organizing as a board of water commissioners. At the time and place named in said notice, said authorities, or a majority of them, shall meet and organize by electing one of their number president of

the board. They shall also elect from their number a secretary and Rules. treasurer. Said board may make all necessary rules and regulations Treasur

for its government and the transaction of its business. The treaser’s bond. urer shall give a bond with sufficient sureties for the faithful perform.

ance of the duties of his office in such amount as may be determined

by the board of commissioners, to be appointed by said commissioners. Duties. § 4. It shall be the duty of the commissioners to examine and con

sider all matters relating to supplying the village with pure and wholesome water, and for that purpose they shall have power to employ engineers, surveyors and such other persons as shall be necessary for that purpose; and they shall adopt such plans as in their opinion may be most feasible for procuring such supply of water, and which shall embrace proper distribution pipes and supplies for all streets and places where, in their opinion, it shall be of interest to the

village, and shall ascertain the probable amount of money necessary May pur- to carry the same into effect; and for that purpose they shall have chase land. power to contract for and purchase, and take by deed or other instru

ment under seal, in the name of said village, all lands, tenements, hereditaments, rights or privileges whatever, and situate at any place within the county in which said village may be situated, which may be required for the purpose, and to contract for the execution of the work, or any part thereof, or the supply of any necessary material ; and the commissioners, and their agents and employees, are authorized to enter upon any land or water for the purpose of making surveys, and to agree with the owner of the property, real or personal, which may be required for the purposes of this act, as to the amount of com

pensation to be paid such owner, subject to a revision by the court, Survey of upon application by any three taxable inhabitants of the village.

$ 5. Before entering, taking or using any land for the purpose of this Amended act, the said water commissioners shall cause a survey and map to be

made of the lands intended to be taken or entered upon for any of said

lands to be taken.

1879, ch. 28.

purposes, by and on which the land of each owner or occupant shall be designated, which map shall be signed by the president of said water commissioners and their secretary, and be filed in the office of the county clerk of the county in which the said lands are situated; said water commissioners, by any of their officers, agents or servants, may enter upon any lands for the purpose of making such survey or map.

$ 6. In all cases where the said water commissioners shall be unable Proceed to agree with the persons owning or having an interest in any lands, Ingu to tenements or hereditaments required for the purposes of this act, the titles to Supreme Court, at any special term thereof, held in the judicial dis- lands. trict in which said lands are situated, shall on application of said water commissioners, after ten days' written notice personally served on such person, or where such notice cannot be personally served within the State, or such persons are infants, or otherwise incapacitated from receiving personal notice, then by service in such manner as the said court shall direct, appoint three disinterested citizens of the county in wh ch the said lands are situated, who shall be freeholders, as commissioners of assessments, to determine the damage sustained by each of such persons, by reason of the taking or use of his or her lands, tenements or hereditaments for the purpose of this act. Such commissioners of assessment shall take the oath required by the Constitution, and shall personally examine each parcel of land or other property proposed to be taken or used, and shall estimate and report to said conrt, at any term thereof held in the said judicial district, the several sums which will be a just compensation to such owners or persons interested, respectively, for the appropriation to the purposes of this act, of any property, rights or privileges that may be so required, or for the title or use of any such property. Such commissioners of assessment may examine witnesses upon hearings before them, and all evidence so taken shall accompany their report. Ten days' notice in writing of the time and place of the presentation of said report shall be given to the parties interested. On the presentation of said report, the said court may confirm or amend the same, or appoint new commissioners, who shall proceed in like manner with the first commissioners, and whose report shall be final, and shall be confirmed by said court. Said commissioners of assessment shall receive, from the said water commissioners, the sum of three dollars per day, each, for each day employed by them in performance of their duties as above stated, together with the amount which said commissioners of assessment shall certify as correct, in their said report, for incidental expenses connected with their work, including the preparation of their report.

$ 7. Whenever any report of commissioners of assessment shall have when been confirmed by said Supreme Court, the said water commissioners become may deposit as said court may direct, or pay to said owner or to such property. person or persons as the court may direct, the sum mentioned in the said report in full compensation for the property so required; and thereupon the said village shall become seized in fee of the property so required, and said commissioners and said village shall be discharged from all claim by reason of any such appropriation or use.

$ 8. The said commissioners shall have power, and it shall be their commisduty to borrow from time to time upon the credit of the village, a sum not exceeding ten per cent of the assessed value of the real and personal money. estate of the valuation of the village as shall appear by the then last assessment roll, upon such term of credit not exceeding thirty years, and at rate of interest not exceeding seven per cent per annum, as shall seem to them for the best interests of said village; and to secure the

sioners to borrow

commis.

.

payment of said loan, said commissioners are authorized to make, execute and deliver bonds, certificates or other obligations which shall be signed by them or any three of them, as said commissioners; which said bonds, certificates or other obligations shall be made payable in such respective amounts, and at such respective times as such commissioners shall deem best, and said bonds and the interest thereon shall be a valid liability against said village, and the credit of said village is pleged for the payment of the same, and the said money so borrowed shall be appropriated by said commissioners to supplying said village with water, agreeable with the provisions of this act. But no such bonds, certificates or other obligations shall be disposed of by

such commissioners at less than the par value thereof. Bonds et $ 9. No bonds, certificates or other obligations of indebtedness shall

be issued by any board of commissioners authorized by this act until sioners.

such commissioners shall have filed with the clerk of the county in which the village shall be situated, their joint and several bond, in the sum of twenty thousand dollars, with sureties, to be justified before and approved by the county judge of such county, or a justice of the Supreme Court, and conditioned for the faithful performance of the duties of such commissioners; and when the term of service of any such commissioner shall expire he shall hold his office as such commissioner until new bonds shall be given by the board of which his successor is to be a member, which bond shall be in similar form to those first issued, for a like amount, and to be justified, approved and

filed in a similar manner. Contracts § 10. Said commissioners shall have power to make all necessary for work, contracts for labor and materials in the construction of the work, and

all pertaining thereto; which said contract shall be in writing, signed by a majority of the commissioners, and of which there shall be three originals executed by the parties, which shall be numbered by the same number, one of which shall be given to the contractor, one to the village clerk, which shall be filed by said clerk with the records of said village, and one retained by the commissioners; and three weeks' public notice shall be given in one or more newspapers published in said village, or if no paper is published in said village, then in one or more of the nearest newspapers published in the county, as the commissioners shall direct, of the times and places at which sealed proposals will be received for entering into contracts, and the commissioners shall have full discretion as to the acceptance or rejection of all sealed proposals; and in case any materials and labor shall then remain uncontracted for, the like notice for sealed proposals and like proceedings may be had as above provided; and so, from time to time, as said commissioners may direct, for work or materials; and every person who shall enter into any contract for the supply of materials or the performance of any work shall give satisfactory security to such commissioners for the faithful performance of his contract according

to its terms. Not to be § 11. No commissioner shall be directly or indirectly interested in interested

any contract relating to the work or materials therefor, nor in any work or materials for the work, nor for any portion of the water-works, nor shall he receive any compensation for his services, nor for any

thing pertaining thereto. May use $ 12. The said commissioners, and all acting under their authority, soil under

shall have the right to use the ground or soil under any strect, IrighAmended

way or road within the county within which said village is situated, 1878,ch 134. post, p. 286. for the purpose of introducing water into and through any and all

in contracts.

streets.

portions of said village, on condition that they shall cause the surface of such street, highway or road to be relaid and restored to its asual state, and all damages done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes, apon like conditions.

$ 13. The said commissioners shall establish a scale of rents to be Rents for charged and paid to the commissioners from time to time, either in water. advance or at such time and times as the commissioners shall prescribe, for the supply of water, to be called “water rents,” and appropriated to different classes of buildings in said village, in reference to their dimensions, values, exposure to fires, ordinary or extraordinary uses for dwellings, stores, shops, hotels, factories, 'livery stables, barns and all other buildings, establishments and trades, yards, number of families or occupants, or consumption of water as near as may be practicable, and from time to time either modify, amend, increase or diminish such rents; and said commissioners and their respective employees shall be authorized at all times to enter into any building or place where water is used from supply pipes, to examine as to the water, quantity of water used and manner of using it.

§ 14. The connecting or supplying pipes leading from buildings or Connectyards to the distribution pipes shall be inserted and kept in repair at ing pipes the expense of the owner or occupant of the building or yard, and shall how pilt not be inserted or connected with the main pipe until å permit therefor shall be obtained from said commissioners or other persons having charge thereof, and all such connecting or supply pipes shall be constructed and connected in the manner directed by said commissioners or persons in charge.

$15. The entire annual receipts for water rents after deducting Receipts. therefrom such sums as may be necessary to defray the expenses of repairs of said water-works, and of extending the same, and other necessary expenses, shall be applied toward the payment of the interest on the loan herein before authorized, and also toward the creation of a sinkin z fund for the payment of the principal of said loan, as it shall from time to time become due and payable, which sinking fund shall be managed by said commissioners. No investment shalĩ be made in behalf of such sinking fund, except in the bonds of the United States, of the State of New York, or of any city of this State, and in the bonds, certificates or other obligations authorized to be issued by such village under this act, which last-named bonds, certificates and obligations, the commissioners may purchase at any time when they shall have funds applicable, at prices not exceeding their par value, and when so purchased, said bonds, certificates and obligations shall not be reissued but shall be immediately canceled.

$ 16. In case the entire annual receipts for water rents, after deduct- In case of ing as in the preceding section provided, shall, in any year, not be in receipts sufficient to pay the interest for that year on said loans, or in case in any year when any of the principal of the loan secured by said bonds falls due, the amount of said receipts for water rents, after making said deduction, together with the sum in the said sinking fund, shall not he sufficient to pay said principal, and also the said interest falling due that year, it shall be the duty of the board of trustees of said vislage, and they are hereby directed to cause such deficiency to be assessed, levied and collected from the taxable property of said village at the same time and in the same manner as other expenses of said village are assessed, levied and collected, and the same shall be applied to the payjent of such interest or principal, or both.

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