Map of basin to be filed. said basin, as laid out, to be made and filed in the office made and of the street commissioner of the city of Brooklyn, and, upon filing such map, the lands designated as a public basin therein shall be deemed to be a public basin of said city of Brooklyn. Commissioners to negotiate with United States and individuals, for cession of lands for basin. In case cession is not made, commissioners may ac quire title to lands. Appointment of commis sioners, to assess damages and benefits. 2. The said Board of Commissioners are authorized and empowered to negotiate, and contract with the United States Government, and with private individuals, for the cession to the city of Brooklyn, without cost to the city, of so much land in or adjoining said creek as may be necessary for the construction of said basin, and may accept on behalf of said city deeds of cession for such purpose. In case such cession shall not be made, in whole or in part, by private owners or corporations, said Board of Commissioners, by the attorney and counsel of the city of Brooklyn, may apply to the Supreme Court in the Second Judicial District, at any special term thereof, or to the County Court of Kings county, for the appointment of three persons as commissioners to estimate and assess the expense of said improvement and of the lands to be taken for the purpose herein pro'vided, and the amount of damages and benefits to be sustained and derived therefrom by the owners of lands and improvements thereon, and all other persons interested in the premises who may be affected thereby. The said court may also appoint another or others to act in the place of any one or more of said commissioners of estimate and assessment, who may die, decline serving, remove from the city, become interested in the improvement, or from any cause may become disabled from Cost and serving. The cost and expense of the lands and premises so taken for such purposes shall be assessed and be a lien and charge upon the lands fronting on the line of such basin in proportion to the amount of benefit. Said sioners of commissioners of estimate shall make and file their report as provided in similar cases by the charter of said city, when lands are taken for the opening of streets, and after they shall have made and filed their report the same shall be received and noticed for confirmation at any special term of the Supreme Court or at a term of the County Court of Kings county, in the same manner as is now provided by law for the review and confirma expenses, to be a lien on lands. Report of commis estimate. Review and confirmation thereof. Lands to vest in city after such confirmation. street tion of reports in proceedings for the opening of streets and avenues in said city of Brooklyn, and after said report shall be confirmed the title to said lands so taken shall vest in the said city of Brooklyn as a public basin. All provisions of law now in force in said city of Brooklyn, Provisions in relation to the opening of streets and avenues therein, relation to the awarding of damages for lands taken, and assess- openings, ments for benefits derived from said improvement, shall plicable. apply to the proceedings of the commissioners of estimate and assessment appointed under the act so far as the same are applicable, and the said commissioners of estimate and assessment, so appointed, shall include in their report both the amount of lands taken and the assessments for benefits derived. made ap Commis sioners tiate with ernment, for widenor basin. ing creek Also for acquisition of land for street. §3. The said board of commissioners appointed in and by the act hereby amended, shall have power to negotiate and contract with the Government of the United States for widening the said creek or basin to the width of one hundred feet, from Hewes street to Washington avenue, as extended; and they may also negotiate and contract with said Government for the acquisition of so much land on the westerly side of said creek or basin, and extending along the same, as shall be sufficient for the laying out of a public street thereon not less than sixty feet in width, either for a whole or a portion of the distance from Hewes street to Washington avenue, in which case said board shall file a map Map to be of such basin and street in the street commissioner's office as aforesaid. The said commissioners shall also Commishave power to construct docks on the easterly side of said basin, and also on the westerly side thereof, as they may be able to arrange with the Government of the United States, and in all contracts which said commissioners may make under and by virtue of any of the provisions of this act, they shall be subject to the same provisions, restrictions and liabilities as are contained in the act hereby amended. filed. stoners empowerstruct ed to con docks. to issue. § 4. For the purpose of paying in the first instance City bonds the cost of the improvement, damages and expenses contemplated by this act, and the expenditures hereby authorized to be made, including the cost of lands and property to be taken therefor, and the interest on the terest. Principal; when pay Bonds to be able. sold at not less than par value. Proceeds to be paid to city bonds to be issued in pursuance of this act, until such interest shall be levied and collected as herein provided, the mayor, comptroller and city clerk of said city shall issue the bonds of said city to the necessary amount, upon the requisition of said board of commissioners, in Rate of in- like manner as other bonds of the city are issued, bearing interest at the rate of seven per cent, payable semiannually, at such time or times, not more than ten years from the date thereof, as they may determine; which bonds shall not be sold at less than their par value. The proceeds of the sale of said bonds shall be paid over to the city treasurer, and shall be disbursed from time to time, as may be required, upon the orders of said board treasurer of commissioners, for the objects herein set forth and for none other. The joint board of aldermen and city supervisors, and the board of supervisors, respectively, shall annually make provision by tax for the payment of the annual interest on said bonds, and for the payment of the principal or instalments thereof, as the same becomes due, and levy the same by tax as hereinafter provided, upon the several lots, pieces or parcels of land included in the district of assessment herein provided for; and the amount so levied shall for all purposes be part of the tax on said lands for the general expenses of the said city. How disbursed. to pay inteprincipal rest and due. Assessors to fix dis. trict of assessment. Notice thereof to be published. Hearing of interested parties. § 5. The board of assessors of the city of Brooklyn shall as soon as practicable fix a district of assessment in said city, in their judgment benefited by the improvement hereby authorized and provided for, and give public notice thereof in the corporation newspapers of said city, and of the time, not less than thirty days after the first publication of said notice, and place at which they will hear parties interested in relation thereto, and determine the said district at the time and place so designaAssessors ted; or as soon thereafter as practicable, the said board shall reconsider the question as to the limits of said district, and may confirm or change the same as they shall deem just and proper, and the decision then made shall be final and conclusive, so that no assessment for benefit for such improvement shall be made beyond the district so determined upon such reconsideration. may con firm or change district. Decision to be final. Assessors 6. The said board of assessors shall apportion and to assess district of ment. ry report to parties of report. Report to to amount assess the amount of the cost, expenses and damages authorized or contemplated by this act (excepting the expenses, acquisition of land or construction of docks and streets o on the westerly side of said basin), upon the several assess lots, pieces or parcels of land in said district, according to the benefit derived by each of said lots, pieces or parcels of land from said improvements, and shall make a Prelimina report in writing of the assessments so made, in such in writing. form as assessments for grading and paving streets are usually made in said city, and not inconsistent with this act, and before proceeding to sign the same shall give ten Notice of days' notice in the corporation newspapers of the time he and place when and where the parties interested can be interested. heard, and after hearing such parties as may appear be fore them, the board of assessors shall proceed and com- Completion plete their report, making such corrections therein as they may deem just and equitable, and sign the same, and thereupon the said report shall be final and conclusive be final. upon all parties interested in or affected by the said assessment. But no lots or property fronting on the line of said Proviso as creek or basin, shall be assessed for more than the cost of assessof constructing the dock on the same side of said creek or basin, with said lots or property, and lying in front of the same, and deepening the creek to the width of sixty feet in front of the same, and in laying such assessment the ward assessment map shall be used as far as practicable. The board of assessors shall cause the said report to be filed in the office of the street commissioner of said city, and thereupon the said assessment shall be chargeable upon the lands assessed, and shall, with the interest thereon, at the rate of seven per cent. per annum, be included in the annual taxes, and be levied on such upon lands lands respectively, and shall form a part of such annual taxes thereon, but shall be levied and collected in such How to be manner as that ten per cent. of the principal of such levied and assessment and interest for one year, at the rate of seven per cent. per annum upon so much of the principal as shall remain unpaid, shall be levied and collected annually until the whole principal and interest shall be paid, and when levied shall be a lien on such lands. §7. This act shall take effect immediately. ment. Final refiled in ofco missioner. port to be street com Assess ment to be chargeable assessed. collected. Tax when be a lien levied to on lands. Westchester turn pike and Boston to be graded and macadamized Chap. 549. AN ACT to regulate, grade and macadamize the highway known as the Westchester Turnpike aud Post Road, commencing at a point in said road on the line dividing the towns of West Farms and Morrisania. Passed May 2, 1868; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The towns of West Farms, Westchester, East Chester, Pelham, New Rochelle, Mamaroneck and post road, Rye, in the county of Westchester, are hereby authorized and required to regulate, grade and macadamize the highway known as the Westchester Turnpike and Boston Post Road, commencing at a point in the said Boston Description Post Road in the line dividing West Farms from Morrisania, thence running northerly along said Boston road and Westchester turnpike, passing through the towns of West Farms, Westchester, East Chester, Pelham, New Rochelle, Mamaroneck and Rye, to Byram river bridge, in the village of Port Chester. Supervisors of towns to borrow money and issue bonds. amount §2. The supervisors of the towns of West Farms, Westchester, East Chester, Pelham, New Rochelle, Mamaroneck and Rye, are hereby authorized and required to borrow, on the credit of each town, by the issue of Aggregate bonds of each of said towns, such sums of money as may borrowed be required to perform such work within the limits of each town respectively, according to the distance of such highway therein, but the amount so borrowed shall not exceed in the aggregate the sum of ten thousand dollars per mile. not to exceed $10,000 per mile. Denomina tion of how executed. Rate of interest. § 3. The bonds so issued shall be of the denomination bonds, and of not less than one hundred dollars, and shall be signed by the supervisor and clerk of each town respectively, bearing interest at the rate of seven per cent, and payable half-yearly, and shall be reimbursable by taxation, in annual installments of not exceeding five thousand To be sold dollars per year, but said bonds shall not be negotiated for less than their par value. When re at not less than par. |