페이지 이미지
PDF
ePub

to pay the entire expense of paving any of the streets of the city of Newburgh, in which case the proportion of the expense of such improvement to be paid by any street surface railroad, or the owners of property fronting upon the line of such improvement, as aforesaid, after the same has been assessed upon such street surface railroad or property, shall be repaid to the city in such annual installments, including the proper proportion of interest due or to become due upon the bonds issued as aforesaid, in each and every year, as may be fixed by the city council. Each assessment shall be a lien upon the property of such street surface railroad and upon property fronting on the line of said improvement, and may be collected by the sale of such street surface railroad or property, and all the provisions of the fifth title of the charter of the city of Newburgh, as amended, in relation to the collection of taxes for city purposes, and the sale of lands for taxes, shall apply to the collection of such assessments, and to sales therefor, and such assessments, when collected, shall be paid to the treasurer of the city of Newburgh. In case the owner or owners of lands or of any street surface railroad, assessed for the paving of any street under this act, shall pay to the collector of the city of Newburgh, the total amount of the assessment made upon such lands or street surface railroad, together with all interest due or to become due thereupon, under the provisions of this act, such lands or railroad shall thereafter be free from the lien of the assessment, and from the lien of all installments to be assessed, levied and collected, and the collector of the city of Newburgh shall, upon the payment of the total sum due and to become due for assessments under this act, with interest, enter upon his books that said assessment is paid in full, and that such lands or railroad are fully discharged from the lien thereof, and upon request, shall give a certificate to that effect, duly acknowledged in the manner provided by law for the acknowledgments of the conveyance of real estate.

2. To cause any street or streets, section or sections of any street or streets in said city to be graded, leveled, and paved, and to fix and regulate the grade line of streets and sidewalks, and to cause curbs to be set and sags to be made, paved and guttered of such inaterials as said board of public works may direct. But after any street, or section of a street shall have been once graded, or be in process of grading, according to the grade line heretofore fixed by order of the city council, or which may hereafter be fixed by said board, the grade of the same street or section shall not

be changed, except upon the written application of the persons owning a major part of the property adjoining the same.

3. To keep the streets clean and in good order, and free from encroachment and injury, and to require the owners and occupants of houses, buildings, or lots, to clean the snow and ice from the sidewalks and out of the gutters opposite their premises.

4. To require the owners of buildings and lots, on public streets, to make and maintain sidewalks opposite their premises, and to prescribe and direct the materials, out of which, and the manner in which, said sidewalks shall be made, and the time within which they shall be completed and to regulate the grade, width, shape and construction thereof.

5. To prevent and summarily remove all obstructions and encroachments in or upon the streets, sidewalks, highways, bridges and public grounds in said city.

§ 7. Whenever any order shall be passed by the city council, directing the laying out, extending, making or widening of any street, alley, road, lane or highway in said city, they shall apply to the county court of Orange county, either in term or vacation, or to a special term of the supreme court, in the ninth judicial district, for the appointment of three disinterested freeholders, as commissioners to estimate and assess the expense of the said improvement, and the value of each parcel of land taken for the same, and the damages sustained by any person or persons by reason of such improvement, and the amounts to be allowed to each person respectively, and also to ascertain and determine what real estate will be benefited by such improvement, and to apportion and assess the entire cost of the improvement with the expenses thereof, upon the several parcels of land benefited thereby, in proportion, as near as may be, to the benefit resulting to each. The city council shall publish twice a week for two weeks, in one or more of the newspapers published in said city, a notice specifying the time and place, at which such application will be made for the appointment of said commissioners, who may be nominated by the city council; but the court shall not be confined to the persons so nominated, but may appoint other commissioners in their place or in the place of either of them, and may also, after like notice for such purpose, publish* in the same manner and for the same time as above directed, appoint another or others, to act in place of any one or more of such commissioners, who may die or decline serving. Any person interested shall be

*So in original.

entitled to be heard in such applications. The said commissioners, after their appointment, shall be sworn, before some officer duly authorized to administer oaths, faithfully and impartially to perform the duties which shall devolve upon them by virtue of said appointment, and shall proceed with all reasonable diligence to make the estimate and assessment in this section above mentioned, and they shall have the power to enter upon and examine any premises, which, in their opinion, will be affected by the said improvement, and to hear the proofs and allegations of the parties interested, and to issue subpoenas and compel the attendance of witnesses residing in said city, and to continue such hearing from time to time, as they may deem proper. Notice of the time and place of their first meeting shall be published by them, for at least one week previous thereto, in a public newspaper published in said city. The said commissioners shall make their estimate and assessment in the form of a report, which shall contain a description of each parcel of land necessary to be taken for such improvement, and the value thereof, and the names of the owner or owners thereof, and a statement of the interest which each has therein, and of the damages sustained by means of such improveinent, by each person entitled to be compensated, and also a statement of the expenses of the proceedings, and of the entire cost of the improvement. The said report shall also contain a description. of each separate parcel of land, which in the judgment of the commissioners will be benefited by the improvement, and the names of the owners thereof, and of the interest of each person therein, and an assessment upon each parcel of land benefited, of the proportion of the entire cost of the improvement, which such parcel ought, in the judgment of the commissioners, to bear. The compensation of the commissioners, at the rate of three dollars per day for the time necessarily employed by them, together with the other expenses of the proceedings, including printing and the compensation of the attorney conducting the proceedings, and of the surveyor, shall be audited and adjusted by the city council, and included in the cost of the improvement.

§ 8. When a residue shall be left of any lot or lots necessary to be taken for such improvement, the commissioners may, in cases where injury or injustice would otherwise be done, and with the consent, in writing, of the owner or owners of such lots, include the whole or any part of such residue in their report, (briefly describing the same) and estimate separately the value thereof.

Every such residue, or part of a residue, which shall be so included, shall, upon the confirmation of said report, as hereinafter provided, and the payment of the amount at which the same shall be so estimated, by the treasurer as hereinafter provided, vest in fee simple in the city of Newburgh; and the city council shall thereupon sell and dispose of the same, at a price or prices not less than the sum at which it shall have been so estimated, to the owner or owners of the next adjacent lands; and if he or they shall not, upon reasonable notice, (to be determined by the city council) elect to take the same at such price or prices, it shall be sold and disposed of at public auction, upon such notice as the city council shall deem proper, for the best price or prices, which can be obtained for the same. In case the same shall be for a sum less than that at which its value was estimated by the commissioners, the deficiency shall be deemed a part of the general amount of loss and expense arising from the improvement. And for the purpose of providing for the event of such deficiency, and for the payment thereof, the commissioners shall include in the estimate and assessment of the expenses of such improvement, the estimated value of any such residue or part of residue which may be included as aforesaid, in their report; and upon the sale of the same as above provided the proceeds thereof shall be credited to each of the persons assessed, in proportion to the amount of the respective assessments against them.

§ 13. Whenever the city council shall cause any street to be graded, leveled, or paved, or any sewer, aqueduct or bridge to be built, they shall ascertain the expense of such improvement, and shall fix the limit or district of assessment beyond which the assessment thereof shall not extend; they shall enter the amount of such expense and a description of such limit or district in the minutes of their proceedings, and shall then cause a warrant to be issued to the assessors of said city, directing them to assess the said amount (after deducting the proportion, if any, which shall have been ordered, pursuant to the second subdivision of the first section of this title, to be paid out of the city treasury), upon such of the real estate as they shall deem benefited by the improvement. The city assessors shall thereupon assess the amount specified in said warrant, as therein directed, and shall make and return to the city council a report, wherein they shall briefly describe each parcel of real estate on and in respect of which any such assessment is made, and the amount so assessed upon each parcel of land,

which report shall be signed by the assessors and be delivered by them to the clerk of the city, who shall thereupon cause a notice to be published twice a week for two weeks in a public newspaper printed in said city, that said assessment has been made and filed, and that the board of assessment and review will meet at a time to be named in said notice, not less than fourteen days after the first publication thereof, to hear any objections which may be made to such assessment, and in the meantime the said report may be examined without expense by any person desiring to examine the same. At the time and place specified in such notice, the board of assessment and review shall hear such objections as shall be made. to the said assessment, and shall review the same, and may adjourn. such proceedings from time to time, and may alter, correct, modify and amend the said assessment in any particular which they may deem proper; and when they shall deem it to be correct, they shall confirm the same, and the amount shall then be collected in the manner hereinbefore provided for the collection of taxes for city purposes. And each assessment shall be a lien on the premises on which it is assessed, and may be collected by the sale of such premises, and all the provisions of the fifth title of this act in relation to the collection of taxes for city purposes and for the sale of lands for taxes, shall apply to the collection of such assessment and to sales thereof; and such assessment when collected shall be paid to the treasurer of the city.

5. Section three of title eight of such act is hereby amended to read as follows:

3. The city council shall have the power, by ordinance, to regulate the construction of chimneys so as to admit chimney sweeps, and to compel the sweeping and cleaning of chimneys, flues, stove pipes and other conductors of smoke, and to prevent chimney sweeps from sweeping, unless licensed as they shall direct, to prevent a dangerous construction or condition of chimneys, fireplaces, hearthstones, stovepipes, ovens, boilers and apparatus used in any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition when considered dangerous, to prevent the deposit of ashes in unsafe places, to regulate and prevent the carrying on of manufactories dangerous in causing or promoting fires, and to regulate and prevent the use of fireworks and firearms within the city limits, to compel the owners and occupants of houses and other buildings to have scuttles in roofs, and stairs and ladders leading to the same; to

« 이전계속 »