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1. In case the work shall be the grading, leveling and paving a Expense of street, lane or alley whether with or without crosswalks, cellar, work to be drains or sewers at one operation, the city surveyor shall then ascertained. ascertain the aggregate front length of lots upon both sides thereof, and the front length of each lot or parcel with a correct description thereof and the name of the owner so far as it can be ascertained. The common council shall then determine the expense of the whole work including the expenses of surveying, advertising, treasurer's commissions and preparing the assessment lists, and cause the average expense upon each foot front of the amount lots or parcels of land on both sides of the said street, lane or alley, excluding crosswalks or streets from the computation, to be ascertained, and each lot or parcel of real estate to be assessed with its portion of the expense by multiplying its number of feet front into the average expense per foot.

2. In case the work shall be the constructing of any crosswalk in a street not previously paved, or any drain or sewer separate from any other work, the common council shall appoint three disinterested freeholders of the city to assess the expense of its construction, including expenses of surveying, advertising, treasurer's commissions, and the fees of the freeholders which shall in no case exceed nine dollars upon such real estate as they shall deem benefited thereby in proportion to the amount of its bene fits. If the sewer or drain is the continuation or extension of one previously existing, the freeholders in making their assessment shall take into consideration such sums as have theretofore been assessed upon the real estate benefited, in order so far as practicable to render the assessment equal upon each lot or parcel, considering the whole drain or sewer as continued or extended, a single work. 3. In case the work shall be the constructing a sidewalk, each

Sidewalks. lot or parcel of land fronting thereon, shall be assessed with the expense of its construction in front thereof, by the city surveyor and common council, in the manner provided in subdivision one of this section.

$ 67. Upon a petition of the owners, or the authorised agents Provision of the owners of more than one half the land fronting upon any respecting

plank roads street or highway which shall not have been paved, that the same upon streets may be formed into a plank road, the common council shall have or highways. power to form it into a plank road as follows: A notice shall be published in the official newspapers for two weeks, that until a 12 certain day, at least two weeks after the first publication thereof, sealed proposals will be received by the mayor for constructing a plank road thereon, according to specifications in the notice contained. Upon the day mentioned in the notice, the mayor shall, in the presence of the common council, open such sealed proposals. No proposal shall be considered which shall not be accompanied by a bond such as is provided in section 66 of this act. The common council may then, if the most favorable proposal is deemed a reasonable one, accept the same, and direct the expense

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sewers

thereof to be assessed in the manner provided in the first subdivision of the said 66th section, and to be collected in like man

ner with the assessments therein provided. Repairs of 8 68. The common council may direct the repair of any drain drains and

or sewer, where it shall be necessary, and when, in its opinion, its repair cannot judiciously be let upon contract; and when the same shall be completed, cause the expense thereof to be assessed and collected in the same manner that the expense of con

structing a drain or sewer is assessed and collected. Assessment $ 69. Upon the assessment being made as provided in this title, lists how to be made. an assessment list shall be made to resemble, as nearly as practi

cable, the tax list in its form, and be provided with a column in which payments can be entered by the treasurer. Two copies thereof shall be made by the clerk and signed by the mayor and clerk, one of which shall be filed with the clerk, and the other delivered to the treasurer. All the provisions of this act relative to the assessment list mentioned in section 67, to the assessments therein, and to the collection and payment of the moneys thereon shall be applicable to the assessment lists provided in this title. The clerk's fee for making such copies shall be one dol

lar. Treasurer to

8 70. All moneys received by the treasurer upon any assesskeep a distinct account ment list made pursuant to the provisions of this act, shall be

kept by him distinct from all other moneys, and shall be drawn from him only by orders expressly directing their application to the payment of the expenses for which the assessment was

made. Restrictions $71. No moneys belonging to the city shall be paid out by the

treasurer upon orders drawn against moneys to be raised upon an

assessment list. Deficiencies $ 72. In case the common council shall at any time ascertain how to be that the expense of any public improvement cannot be defrayed

by the moneys raised upon the assessment list provided therefor, it may cause the deficiency to be assessed upon the real estate described therein in sums proportioned to the former assessment. All the provisions of this act relative to the assessment lists heretofore mentioned, to the assessments therein, and the collection and payment of the moneys thereon shall be applicable to

the second assessment list in this section provided. Owners to

§ 73. In all cases where a sidewalk or drain is directed to be be allowed constructed, a reasonable time, to be determined by the common time.

council, shall be given to the owners of real estate fronting thereon to construct the same under the direction of the street

commissioner. Payment $74. No real estate shall be taken or appropriated for the when to be opening, widening, or altering any street, lane or alley, in the city dered. without the leave of the owner, until the recompense reported by

the freeholders to be proper therefor, be paid or tendered to the owner, or deposited to his or her use in one of the banks in the

case of in

city, to be designated by the common council for that purpose. Upon such payment, tender or deposit being made, the same may be appropriated for such purpose.

$ 75. When any owner of such real estate shall be known to Provision in be an infant under the age of twenty-one years, the county judge fants. of Oneida county, or the recorder of the city, may on the application of the infant, or of the common council, appoint a guardian for such infant, taking from him adequate security for the faithful performance of his duties as such ; and all notices required to be served upon the infant, shall be served upon such guardian, who shall see to the protection of the rights of such infant.

$ 76. The common council shall have power to order the pitch- Public ing, paving, graveling, raising, enclosing, ornamenting and pro- pleasure tecting any public square, area or pleasure ground now or hereaf- grounds. ter laid out in the city, to improve the same by the construction of walks, and rearing and protecting ornamental trees therein, and to cause such part of the expense thereof as it shall deem just, to be assessed upon and collected of the real estate fronting thereon, in the manner provided in this act for assessing the expense of grading, leveling and paving streets.

TITLE VI.
OF THE POWERS OF THE COMMON COUNCIL FOR THE PRE.

VENTION AND EXTINGUISHMENT OF FIRES. § 77. The common council shall have power by ordinances to Provision prescribe limits within which no buildings shall hereafter be con- respecting structed except of brick or stone, with slate or metalic roofs, and to impose a penalty for the violation of such ordinances of one hundred dollars for each offence, and twenty-five dollars for each week's continuance of the prohibited building. Such penalties shall be collectable of the person offending, in a civil action in any court of competent jurisdiction. 8 78. The common council shall procure fire engines and other

Fire engines, necessary and convenient apparatus for the prevention and extin- &c., to be

procured. guishment of fires, and provide safe and convenient places for keeping the same. It shall have power to organize fire companies, and to appoint a competent and number of able bodied and reputable inhabitants of the city, firemen to belong to such companies, and prescribe their duties and make rules and regulations for their government, and impose reasonable penalties and forfeitures for a violation thereof. Such companies shall have the care and management of the apparatus for extinguishing fires, under the rules provided by the common council, and the control of the chief engineer and his assistants and the fire wardens. The common council shall have power to remove firemen in its discretion.

$79. The members of the common council shall be fire war- Fire wardens, and shall have power to appoint such other persons fire dens. wardens as may be necessary.

Privileges of $ 80. Firemen appointed by the common council shall during firemen the term of their service, be exempt from serving upon juries in

courts of record and in the militia, except in case of war, invasion or insurrection. The name of each fireman shall be registered with the clerk of the city, and the evidence to entitle him to the exemption provided, shall be the certificate of the clerk made within one year from the time when the exemption is claimed. Such certificate shall not be granted until the fireman shall make and file with the clerk an affidavit that during the preceding year he has actually been present and acted with the company to which he is attached at two-thirds of the number of fires at which the apparatus was present during the preceding year, unless prevented by absence from the city, illness or other unavoidable circum

stance. Evidence of $ 81. Every fireman who shall have faithfully served as such service as in the the city of Utica or in the former village of Utica or both firemen.

for the term of five years shall thereafter be exempt from serving, on juries in courts of record or in the militia, except in case of war, invasion or insurrection. The evidence to entitle 'such person to the exemption provided in this section shall be a certificate under the corporate seal signed by the mayor and clerk. No such certificate shall hereafter be given until the applicant shall have made and filed with the clerk an affidavit, that, for five years preceding, he has actually and habitually been present with his company at fires in the city, when not detained therefrom by absence from the city illness or other unavoidable circumstance.

TITLE VII.
OF EXCISE AND LICENSING TAVERNS, GROCERIES AND VICTUA-

LING HOUSES.
Commission

$ 82. The common council shall be commissioners of excise in ers of excise the city, and all laws in relation to excise and the licensing and

regulation of taverns and groceries in towns shall be applicable in the said city excepting as the same are modified by this act. All bonds required to be delivered to a supervisor or justice of the peace before a license is granted in towns shall within the city be made to the city of Utica and filed with the clerk thereof, and it shall be the duty of the mayor to cause actions to be brought thereon for

any violation thereof which shall come to his knowledge. Tavern li.

Š 83. No tavern license authorising any person to sell strong censes how and spirituous liquors shall be granted until the applicant shall granted.

have filed the bond required by law with the clerk of the city, and shall have paid to the treasurer of the city for the use thereof such sum as the common council shall direct, not being less than fifteen nor more than fifty dollars, and no grocer's license authorising any person to sell strong and spirituous liquors and wines in quantities less than five gallons shall be granted until the applicant shall have filed the bond required by law with the clerk

fruit &c. to take out 11

and paid to the treasurer for the use of the city, such sum as the
common council shall direct not being less than six nor more than
fifteen dollars.
$ 84. The common council shall have power to require all keep-

Dealers ers of houses or shops where any description of provisions, fruit provisions, or refreshments are sold to be consumed upon the premises, to take out a license therefor, and by ordinance to impose penalties for cense. keeping such house or shop without a license. Before granting a license

under the provisions of this section the applicant shall have filed with the clerk of the city a bond to the city of Utica in the penalty of one hundred dollars with the same condition that is required in the bond of a tavern keeper, and the further condition that the applicant will not sell or furnish to any customer or other person any strong or spirituous liquors or wines. No fee or charge shall be paid for such license.

$ 85. The common council shall have power to license and au- Also may be thorise any keeper of a house or shop mentioned in the preceding licensed to section of this act, in addition to the business authorised by a license under such section, to sell strong and spirituous liquors and wines to be drank upon his premises. Before granting a license under the provisions of this section, the applicant shall have filed with the clerk, a bond to the city, with one or more sureties, to be approved by the common council in the penalty of one hundred dollars, and with the same conditions which are required in the bond of a tavern keeper, and shall have paid to the treasurer for the use of the city, such sum as the common council shall direct, not being less than fifteen nor more than fifty dollars.

$ 86. All moneys received for licenses under the provisions of License sections eighty-three and eighty-five of this act, shall be expend-moneys how ed by the common council, in providing necessary and convenient pended. preparations and apparatus for the prevention and extinguishment of fires, including reservoirs of water, and safe and convenient places for keeping engines and apparatus of the fire department, and in rendering the condition of the fire department efficient.

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TITLE VIII.

OF EXTRAORDINARY TAXES AND ELECTIONS FOR OTHER PUR

POSES THAN THE CHOICE OF CITY OFFICERS. § 87. Whenever the common council shall be of opinion that

Money how the interests of the city require the expenditure of money for any to be raised

for special extraordinary or special purposes, which cannot be made from the

purposes. moneys it is authorized to raise under the foregoing provisions of this act, it shall cause a report to be published in the official newspapers, stating the object for which such expenditure ought to be made, the amount which it would require to be raised, and the reasons which the common council believe render it necessary or expedient, together with a notice that upon a day fixed therein, and which shall be at least two weeks after the first publication of such report, and notice a special election will be held at some cen

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