Oath of offico.

Entrance on lands.

Commissioners to appraise damages;

&c.

hereby appointed commissioners for the purpose of filling up and draining the old channel and bed of the Onondaga creek, in the city of Syracuse, between the south line of said city and Onondaga street; also, for the purpose of straightening and deepening the channel of Onondaga creek, in the city of Syracuse, in Onondaga county, from the south line of Onondaga street to the bridge across said creek north of West Genesee street and near the pump-house, and removing from the channel all obstructions therein and encroachments thereon; but no money shall be expended in opening a new channel for said creek north of the Erie caual.

S2. The said commissioners shall, before they enter upon the discharge of their duties as such commissioners, subscribe and take the oath of office prescribed by the constitution, and file the same with the clerk of Onondaga county.

$ 3. The said commissioners shall have power to enter upon all lands on the line of said Onondaga creek, and on the old channel and bed thereof and lands adjacent thereto, to make all necessary surveys, and shall have power to take any of said lands and appropriate the same for the purposes mentioned in the first section of this act. The lands which may be taken as aforesaid, are hereby declared to be taken for public use. The said commissioners shall also have power to do all acts and things which they may deem necessary to accomplish the purposes mentioned in the first section of this act.

$ 4. Before said commissioners shall take any such lands, the damages to the owners thereof respectively appraisal of shall be ascertained and appraised by three commissioners, to be appointed by the county court of Onondaga county, upon at least eight days' notice to said owners respectively, of application for such appointment, to be given by the commissioners named in the first section of this act. Said notice may be served personally or by mail, directed to the persons to be served, at their respective places of residence, if said commissioners can ascertain the same. If any of the property to be taken shall be owned by a corporation, the notice may be served

upon the president or other officers of the same. If the residence of any owner of property so to be taken cannot be ascertained by said commissioners, then notice may be served on such owners by publication thereof in a daily newspaper published in the city of Syracuse for the period of two weeks. The commissioners appointed by the county court as aforesaid, shall, before entering upon their duties, take the oath of office prescribed by the constitution, and file the same in the office of the clerk of Onondaga county, and thereafter upon not less than eight days' notice to said commissioners named in the first section of this act, and to the several persons or corporations owning the property to be taken as aforesaid; they shall view the premises, hear the proofs and allegations of the parties, and ascertain and determine the amount of damages which will be sustained by such owners respectively for the lands to be taken as aforesaid, and make their awards in writing under their hands and seals, and file the same in the office of the clerk of Onondaga county. Said notice may be served in the same manner as is hereby provided in respect to the service of notice of the application for the appointment of said commissioners, and in making their said awards, said commissioners shall take into account and deduct all benefits to the owners of said lands respectively, by reason of said improvements. In the event any of Vacancies, the commissioners provided for by this section shall, after appointment, die, or refuse to act, then the place of such commissioner shall be filled by the county court, upon the same notice and in the same manner as provided by this section for the appointment of said commissioners in the first instance; and when so appointed, before entering upon his duties, said commissioner shall take and file the oath of office prescribed by the constitution, as provided in this section for the commissioners appointed in the first instance. The commissioners appointed under this who to pay section shall be paid, by the city of Syracuse, a just sioners. compensation for their services under this act.

$5. Any benefits to lands arising from said improvements in excess of the damages thereto,

how filled.

commis

Benefits,

&c., to lands

including lands in the town of Onondaga, said comin town of missioners appointed by the county court shall

Onondaga,

&c.

ascertain and determine, and certify under their hands and seals, and file with the clerk of Onondaga county, and the common council of the city of Syracuse shall in the next annual city tax assessment and levy thereafter, include in the tax of each of the owners of said lands in said city, the amount certified by said commissioners as the value of the benefits of said improvements to their lands respectively, and the same shall be a valid tax against said owners respectively, and be collected of them in the same. manner as the annual city tax of the city of Syracuse, and for the benefit of said city. The said commissioners in ascertaining and determining the value of said benefits, shall proceed upon the same notice and in the said manner as provided in section four of this act, for ascertaining and determining damages, and the amounts of the said benefits to the lands in the Tax on own town of Onondaga, certified as aforesaid. The board of supervisors of the county of Onondaga shall, at their next annual meeting thereafter, levy upon said lands, and insert the same in the tax warrant for the collection of taxes of said town, as a tax against the owners of said lands to the amount as certified as aforesaid against them respectively; and when collected the same shall, by the town collector of the town of Onondaga, be paid to the treasurer of said city of Syracuse; and all the laws for the collection of taxes in the town of Onondaga and not inconsistent herewith shall be applicable to the collection thereof.

ers benefit

ted.

Proposals for furnishing materials, &c.

$ 6. The furnishing of all materials and performance of all work under the provisions of this act shall be advertised for by said commissioners named in the first section of this act, for fifteen days, in three daily newspapers published in said city, and sealed proposals therefor during said fifteen days may be handed to one of said commissioners at a place to be designated in said advertisement; and at the time and place designated in said advertisement for the opening said proposals, the said commissioners shall open the same publicly, and shall contract with

the lowest bidder under such rules and regulations as said commissioners shall have inserted in said advertisement, upon the execution of security for the performance of the contract by the party or parties to whom the same may be awarded, to be approved by said commissioners. And in their discretion the said commissioners may, as aforesaid, advertise and contract for doing different parts of said work with different persons, and any contract made by said. commissioners may be forfeited by them for the failure of the party making the same to perform the same or any part thereof, and then the security given by the contractor shall be collected by action in the name of said commissioners for the benefit of the city of Syracuse; and whenever any contract shall have been forfeited as herein before provided, the subject matter thereof shall again be contracted in manner as hereinbefore provided.

$7. The commissioners appointed by the first section of this act may in their discretion reject all proposals made and handed in as provided by section six, and again advertise for the furnishing of materials and performance of work as provided by said section, and they shall not receive or entertain any proposal for furnishing materials or the performance of work, unless the same be accompanied by an undertaking on the part of the party making the proposal with two sureties, to be approved of in writing by one of said commissioners, and in the penal sum of two thousand five hundred dollars, conditioned that the principal will go into contract with said commissioners within forty-eight hours after the acceptance of said party's proposal, and on default in the condition of said undertaking, the full penalty therein shall be collected by action in the name of said commissioners for the benefit of the city of Syracuse.

missioners.

$ 8. The commissioners under this act shall each Pay of receive two dollars each day while actually employed in discharging their duties thereunder, and shall incur no personal liability for any act or thing done in good faith under this act.

$9. The said commissioners shall have power to

Awards of damages to be debt of

Syracuse;

ment, &c.

employ such civil engineers as they may deem necessary, at a price to be fixed by them.

$ 10. All awards of damages (except so far as they are extinguished by benefit) and the expenses of tax for pay- doing the work and making the improvements provided for by this act not herein otherwise provided for, shall be debts and liabilities of the city of Syracuse, and the common council of the city of Syracuse is hereby authorized to borrow the amount of the money necessary to pay all such debts and liabilities as the same may be needed, and to that end they are directed to issue the bonds of said city for amounts respectively, and payable at periods respectively within five years from their dates respectively, within the discretion of said common council; said bonds to bear interest at a rate not exceeding seven per cent per annum, payable semi-annually, and under a resolution of said common council to be executed on the part of said city of Syracuse by the mayor and city clerk of said city. And as the principal and interest of said bonds respectively grows due, the common council of the city of Syracuse shall cause the amount thereof to be assessed and levied and collected at the same time and in the same manner as the taxes for city expenses under and by virtue of the acts of incorporation of said city of Syracuse, and in time to meet the payment of said bonds respectively.

When acts of majority

⚫sioners valid.

$11. No money shall be paid to contractors except upon the presentation of an order or warrant therefor from the commissioners named in the first section of this act.

S 12. The said commissioners named in the first of commis section of this act shall act as a board; but the acts of a majority of them shall be valid provided the others had personal notice of the meeting at which said acts were decided upon. And in the event of the death, declination or refusal to serve of any of said commissioners, then all the powers given said commissioners as a board by this act shall survive to the remaining commissioners.

S 13. This act shall take effect immediately.