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bridge street, thence along Bainbridge street to Howard avenue, thence along Howard avenue to Halsey street, thence along Halsey street to and across Broadway to Margaretta street, thence along Margaretta street to Central avence, thence along Central avenue to Woodbine street, thence along Woodbine strect to Johnson avenue, thence through Johnson avenue to Green street, thence through Green street to Knickerbocker avenue, thence through Kuickerbocker avenue to Vandervoort avenue, and thonce along Vandervoort avenue so as to empty into tide water at or near Montrose avenue; and also for two lateral or branch drains or sewers connecting with said main sewer, one running through Reid avenue from Madison street to DeKalb avenue, thence along DeKalb avenue and through DeKalb street and Chesnut street to Knickerbocker avenue; the other commencing in Monroe street at Broadway and running thence across Broadway to Woodbine street, and thence through Woodbine street to Central avenue; as all of said sewers are laid down on the map adopted by said

board entitled map O, northern division drainage, disApertures, trict number thirty-seven. The said main sewer and the

branch mains shall have such apertures, sluice ways and culverts connected therewith, as shall be necessary for the purpose of draining the present surface of the land in said district, as far as the same may be practicable.

§ 2. For the purpose of paying for the cost of the construction of said drains or sewers, and all such other expenses as may be necessarily incurred in relation thereto, and the interest upon the 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, on the requisition of said board, and from time to time, issue the bonds of said city, to the necessary amount not exceeding the eum of three hundred thousand dollars, in like manner as other bonds of said city are issued, bearing interest at the rate of seven per cent per annum, payable semi

annually, and the principal to be payable in ten years Disposition from the date of said bonds. The proceeds of the sale ceeds. of said bonds shall be paid over to the city treasurer to

the credit of the said board, who shall draw therefor

culverts, etc.

Issue of city bonds to pay expense of work.

C

of pro

of interest

pal.

ment of

construc.

from time to time in the usual manner, and as may be required for the purposes of this act and for none other. Provisions shall annually be made by tax for the pay. Payment ment of the annual interest on said bonds, and for the and principayment of the principal as the same becomes due.

$ 3. The cost of constructing said drains and sewers, Assessand all other expenses in relation thereto, shall be cost of assessed by said board upon that part of the lands desig- tion. pated upon the map referred to in the first section of this act, which lies southerly from Montrose avenue, in proportion to the area of the respective lots or parcels of land included in said part of said map 0; but such assessment, according to area, shall not prohibit the sewer commissioners from including any lots fronting upon said sewers in any subdivision of said district for drainage purposes ; and said lots shall then be chargeable with, and be assessed for their equitable proportion of the cost of lateral sewers in the subdivision in which they may be situated.

$ 4. The said board shall cause an assessment for the Notice of expenses autborized by this act to be made out in proper assessform, with diagrams showing the property assessed, and for such purpose shall use and refer to the regular official ward maps; and when such assessment is made to publish a notice in the corporation newspapers that the same has been completed, and of a place in said city where the same may be examined, and of a time, not less than ten days thereafter, when, and a place in said city where, they will meet to hear objections thereto; they shall then and there hear parties objecting, and sball thereupon proceed to amend and correct such assessment as they may deem proper, and shall carefully examine, correct and perfect the same; they shall then certify the same to be complete, and cause the same, so Common certified, to be sent to the common council, who shall copy order the collection thereof as hereinafter provided; lection. and when so certified such assessment shall have the same force and effect as any other assessment in said city within the operation of the law relating to sewerage and drainage; and the assessment thereon made shall become chargeable upon the lands so assessed, and

ment.

hey may deffect the same; use the same, 50 councillo

council to order col

Assessment to be

ten installments.

the owners of the lands so assessed shall be liable to pay such assessment in the manner hereinafter provided.

$ 5. The assessment, so made and certified as aforecollected in said, shall be levied and collected in such manner that

one-tenth part of the principal thereof shall be annually
assessed in each and every year for ten years success-
ively, upon said lands, and interest, from the time such
assessment shall be certified as aforesaid, shall be com-
puted from year to year, upon so much of said assess-
ment as shall remain unpaid at the time of making such
annual assessment, and shall be added thereto and form
a part thereof; and such annual assessment shall be in.
cluded in the annual taxes to be levied upon said lands,
and shall form a part thereof; and shall be levied and .
collected like other taxes, annually, for ten years. All
amounts so assessed, levied, collected and paid, shall be
applied to the discharge and payment of the bonds to
be issued by virtue of this act, the first installment of
said assessment or tax shall be levied in the general
taxes of the year eighteen hundred and seventy.

$ 6. All the provisions of the laws, relating to sewermade ape age and drainage in said city, and not inconsistent hereplicable.

with, shall be valid for the purposes of this act.

First installment ; when levied.

Cily sowerage acts

[blocks in formation]

Chap. 521.
AN ACT to incorporate the Fort Ann Water

Works Company.

Passed May 3, 1869. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. David Rice, Orson W. Sheldon and Wil. liam R. Norris, and all such persons, as are or may here. after be associated with them, are constituted a body corporate by the name of the Fort Ann Water Works Company.

$ 2. The capital stock of said company shall be five thousand dollars, to be divided into shares of fifty dol. lars each ; and the said company are hereby empowered to increase their capital stock at any time to a sum not exceeding fifteen thousand dollars.

Corporate name.

Capital stock.

ollarsne said stockollars.

directors.

election.

directors.

first seaper, it there and published at five pubis written

$ 3. The concerns of said corporation shall be man- Board of aged by three directors, who shall be stockholders, and sball hold their offices until the stockholders of said company shall determine upon an election for new directors, at a meeting held for such purposes, and until twenty days after such election.

94. Such meeting shall be called by the president at Notice of the request of at least three of the stockholders, to be held at some convenient place within the village of Fort Ann, giving at least ten days' previous notice by written or printed notices being posted up at five public places in the said village, and published once in the village newspaper, if there be any. The persons named in the First first section shall be the first directors.

$ 5. If a majority of the stockbolders present at such Service of meeting shall determine an election for new directors, election. then the president shall appoint the time and place for the holding of such election, which shall be within thirty days after the said determination by the said stockholders, and the president shall cause a written notice of an election to be served on each stockholder personally, or, if he be absent, by leaving the same at his residence, at least five days before any election. Each stockholder shall be entitled to one vote upon Manner of each share of stock held by him or her for at least ten days previous to an election. Voting shall be by ballot, and may be by proxy or in person.

$ 6. The directors shall annually appoint a president Officers. and treasurer, and such other officers as they shall deem necessary, who shall hold their offices until others are appointed in their places ; and they shall make and By-laws. ordain such by-laws and regulations as they may deem necessary and proper for the management of their business, and for accomplishing the purposes of the corporation. . .8 7. The directors herein named shall appoint three Inspectors persons, who shall be stockholders, to be inspectors at o elections for directors. $8. For the purpose of supplying the said village of Company

may hold Fort Ann and its vicinity with pure and wholesome real estate. water, said company may purchase, take and hold any real estate necessary for the purpose, and by their

voting.

of election.

llage, and may, reservoirs of purpose upon Said co

water

upon lands, streets, etc.

map of

directors, agents, servants or any other person employed, may enter upon the land of any person or persons which may be necessary for said purpose, and may take the water from any springs, ponds, wells, rivers or fountains within or without said yillage, and

divert and convey the same or any part thereof to said May lay village, and may lay and construct any pipes, conduits, pipes, etc. aqueducts, wells, reservoirs or other works or machinery

necessary and proper for said purpose upon any lands May enter so entered upon, purchased, taken or held. Said cor

poration may, as aforesaid, enter upon any lands, streets, highways, roads, lanes or public squares through which they may deem it proper to carry the water from said springs, fountains, ponds, streams, rivers, wells and reservoirs, and lay and construct any pipes, couduits, aqueducts or other works for that purpose, leaving the said lands, streets, highways, roads, lanes or public squares in the same condition, as nearly as may be, as

they were before the said entry. Survey and $ 9. Before entering, taking or using any land for the lands to be purposes of this act, the directors shall cause a survey

and map to be made of the lands intended to be taken or entered upon for any of said purposes, and by which the land of such owner or occupant intended to be taken and used shall be designated, and which maps shall be signed by the engineer or surveyor making the same, and by the president of said company, and be filed in the office of the clerk of the county of Washington. The company, by any two of its officers, agents or servants, may enter upon any lands for the purpose of making any examination and of making said survey and map.

§ 10. In case the said company cannot agree with said appraise owners and occupants of any lands intended to be taken cases or disa or used as aforesaid, for the purchase thereof, they may

apply to the county court of the said county of Washington for the appointment of three commissioners, by whom the compensation to be paid for the damages suffered or to be suffered, by any person or persons, by reason of taking of any such lands and water, and constructing any of the works of the said company, shall be ascertained and determined, and in case of the death, resigua.

filed.

Commissioners to

damages in

agreement.

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