8. Sewerage. 9. Parks. Finances. SS 129-131 10. Cemeteries. Money may be borrowed in anticipation of taxes already levied for the current fiscal year, but not in excess thereof, and it must be payable within such year. No contract shall be made involving an expenditure by the village, unless the money therefor is on hand, or a proposition has been adopted authorizing the board of trustees to raise such money. If a final judgment against a village exceeds one thousand dollars, money may be borrowed for the payment thereof on the adoption of a proposition therefor at a village election, and bonds or other obligations of the village may be issued for that purpose, payable in installments or otherwise, as prescribed in section one hundred and twenty-nine of this chapter. (As amended by chap. 373 of 1900.) § 129. Bonds or other obligations.- Bonds or other obligations of the village shall be signed by the president and treasurer, and attested by the clerk under the corporate seal. They shall become due within thirty years from the date of issue, and, unless the whole amount of the indebtedness represented thereby is to be paid within five years from their date, they shall be so issued as to provide for the payment of the indebtedness in equal annual installments, the first of which shall be payable not more than five years from their date. They shall bear interest at a rate not exceeding five per centum per annum, and shall be negotiated for not less than their par value. They shall be sold on sealed proposals or at public auction upon notice published in the official paper, if any, and also in each other newspaper actually printed in the village, and in such other newspapers as the board of trustees may determine, and posted in three public places in the village, at least ten days before the sale, to the person who will take them at the lowest rate of interest. They shall be consecutively numbered from one to the highest number issued, and the clerk shall keep a record of the number of each bond or obligation, its date, amount, rate of interest, when and where payable, and the purchaser thereof or the person to whom they are issued. § 130. Limitation of indebtedness.- A village shall not incur indebtedness if thereby its total contract indebtedness, exclusive of liabilities for which taxes have already been levied, shall, in addition to obligations issued to provide for the supply of water, exceed ten per centum of the assessed valuation of the real property of such village, subject to taxation, as it appeared on the last preceding village assessment-roll. 131 Second election upon proposition to raise money. If the vote at an election upon a proposition to purchase property or to raise a tax or to incur a debt shall be against such proposi tion, no proposition embracing the same object shall be again submitted before the next annual election thereafter. § 132. Exemption from taxation of firemen and fire companies. Upon the adoption of a proposition therefor, the members of any fire, hose, protective or hook and ladder company in any village may be exempted from taxation to the amount of five hundred dollars on any assessment for village purposes, in addition to the exemptions otherwise allowed by law, and the real and personal property of any such company may also be exempted from like village taxation. § 133. Absolute sales for non-payment of taxes in villages of the first class.-If in a village of the first class, a tax or assessment on real property included in an annual or special assessment roll under this chapter, or a tax or assessment which was a lien on real property, or unpaid when the village law took effect, remains unpaid, and the treasurer or collector has made return that he cannot collect the same, the board of trustees may, by resolution, determine that such real property and the entire interest therein, instead of an interest for a term of years, be sold for the collection of such tax or assessment. Such sale shall be for cash, and the notice of sale shall be given in the manner provided by section one hundred and twenty of this chapter, except that the board of trustees may designate one or more newspapers in the village, or in case no newspaper is published in said village, then in an adjoining city or village, in which the notice shall be published. The foregoing provisions of this article in relation to the conduct of a sale and the rights and remedies in respect to the real property sold shall not be applicable, but the village treasurer and board of trustees shall possess all the powers and be subject to all the liabilities and duties of a county treasurer and board of supervisors, under articles six and seven of the tax law; and such articles shall, so far as practicable, apply to a sale authorized by this section. (Added by chap. 446 of 1899.) ARTICLE V. STREETS, SIDEWALKS AND PUBLIC GROUNDS. SECTION 140. Definitions. 141. Separate highway district. 142. Care of bridges. 143. When village may construct or repair bridges. Streets, Sidewalks and Public Grounds. SECTION 144. Dedication of streets. 145. Petition for street improvement. 146. Notice of meeting of board to consider petition. 147. Meeting and determination of board. 148. Effect of determination. S$ 140-142 149. Application for commissioners; notice of application. 150. Appointment of commissioners. 151. Notice of meeting of commissioners. 152. Meeting and award of commissioners. 153. Appeal from award of commissioners. 155. Hearing of the appeal. 156. Compensation of commissioners. 157. Costs on appeal. 158. Payment for property acquired for street improvements. 160. Streets on boundary lines. 161. Crosswalks and sidewalks. 162. Credit for flagging sidewalk. 163. Snow and ice on sidewalks. 164. Cleaning streets. 165. Sprinkling streets. 167. Trimming trees. 168. Local assessments under this article. 169. Acquisition of lands for parks and squares. § 140. Definitions.--The term "street" as used in this chapter also includes a highway, road, avenue, lane or alley which the public have the right to use; and the term " pavement" includes a macadam, telford, asphalt, brick or other similiarly improved roadbed, and is only applied to the portion of the street between the sidewalks or established curb lines. § 141. Separate highway district. The streets and public grounds of a village, except as provided in the next section, are under the exclusive control and supervision of the board of trustees. The board of trustees may expend a portion of the street fund upon outside highways connecting with the village streets. § 142. Care of bridges.—If at the time this chapter takes effect, the board of trustees of a village has the supervision and control of a bridge therein, it shall continue to exercise such. control under this chapter. In any other case, every public bridge within a village shall be under the control of the commissioners of highways of the town in which the bridge is wholly or partly situated, or such other officer as may be designated by special law, and the expense of constructing and repairing such bridge and the approaches thereto is a town charge, unless the village assumes the whole or part of such expense. § 143. When village may construct or repair bridges.--A village may assume the control, care and maintenance of a bridge or bridges wholly within its boundaries, upon the adoption of a proposition therefor, at a village election; or a proposition may be adopted authorizing the board of trustees to enter into an agreement with the commissioners of highways of a town, in which any part of such village is situated, to construct or repair a bridge in any part of the village included in such town, at the joint expense of the village and town, which agreement shall fix the portion to be paid by each, § 144. Dedication of streets.—An owner of land in a village who has laid out a street thereon may dedicate such street, or any part thereof, or an easement therein, to the village for a public street, or an owner may dedicate for such purposes land not laid out as a street. Upon an offer in writing by the owner to make such a dedication, the board of trustees shall meet to consider the matter; and it may, by resolution, determine to accept a dedication of the whole or any part of the land described in such offer, or of the whole or any part of such street, to be described in such resolution. Upon the adoption of such a resolution the owner may execute and deliver to the village clerk a proper conveyance of the land to be dedicated. The board of trustees may, by resolution, accept the conveyance, and a certified copy of such resolution, together with the conveyance, shall thereupon be recorded in the office of the county clerk. Upon the acceptance of the conveyance the land described therein shall become and be a public street of the village. No street less than two rods in width shall be accepted by dedication. All offers of dedication must be entered at length in the minutes of the board of trustees. § 145. Petition for street improvement.-Five resident freeholders may present to the board of trustees a petition for laying out, altering, widening, narrowing or discontinuing a street in the village. The petition must be addressed to the board of trustees, and must contain a statement of the following facts: 1. The names and residences of the petitioners. 2. If the petition be for the laying out of a street, the general course thereof, and a description of the land to be taken. Streets, Sidewalks and Public Grounds. § 146 3. If the petition be for the alteration of a street, its name, the proposed alteration, and a description of the land, if any, to be taken. 4. If the petition be for the widening of a street, its name, and a description of the land to be taken. 5. If the petition be for the narrowing of a street, its name, its proposed width after such alteration, and the manner in which such narrowing is to be effected. 6. If the petition be for the discontinuance of a street, its name and the part proposed to be discontinued. 7. If the petition be for the laying out, alteration or widening of a street, the names and residences of the owners of all land to be taken. 8. If the petition be for the narrowing or discontinuance of a street, the names and residences of the owners of adjoining lands affected. 146. Notice of meeting of board to consider petition.Upon the presentation of the petition the board shall immediately give notice that it will meet at a specified time and place, not less than ten nor more than twenty days from the date of such notice, to consider the petition. The notice must state the general object of the petition, and if it be for the laying out of a street, a general description of its proposed course, and in any other case, the name of the street proposed to be changed or discontinued. The notice must be served upon the following persons, unless such service be waived by them in writing: 1. If the petition be for the laying out of a street, upon each owner of land to be taken. 2. If the petition be for the alteration or widening of a street, upon each owner of land, if any, to be taken, and upon each owner of land adjoining the part of the street affected. 3. If the petition be for the narrowing of a street, upon each owner of land adjoining the part of the street affected. 4. If the petition be for the discontinuance of a street, upon each owner of land adjoining the part of the street proposed to be discontinued, and also upon the owner of land otherwise affected by the proposed discontinuance. If a person other than the owner is in possession of such land, notice must also be served upon him. Such notice shall also be published in each newspaper in the village, and posted in five |