sons so appointed shall, after their appointment and qualification as hereinafter provided, form the permanent board of water and sewerage commissioners for the city of Brooklyn, and shall hold their offices for the terms hereinafter mentioned, and until their successors shall be appointed and shall qualify, and the term of office of the present water Term of present and sewerage commissioners of said city shall, upon such appointment and qualification, cease and determine.-Laws such appoint of 1869, Chap. 97. Commissioners to expire upon ment. and official bonds. 88. (2) The persons so appointed, before entering upon Oath of office their office and within ten days after their appointment, bonds of Comshall qualify as follows: They shall each subscribe and file missioners. in the office of the clerk of said city an oath of office, and execute to the city of Brooklyn, and file in said clerk's office a bond, with two or more sureties in the penal sum of twenty thousand dollars, conditioned for the faithful performance of his duties, and for the faithful accounting for all moneys which may come into his hands, and which said bond shall be approved of as to form and manner of execu- Approval of tion, and as to sufficiency of the sureties by one of the justices of the supreme court of the second judicial district, or by the county judge of the county of Kings. And in case any of such persons so appointed shall fail to qualify or enter upon the duties of his office, or in case for any reason the said the mayor, the comptroller, the corporation counsel and the city treasurer, or a majority of them, shall fail to meet or make the appointments hereinbefore directed, on the day herein before named, then it shall be competent in case of failfor the said the mayor, the comptroller, the corporation ure to qualify, counsel and the city treasurer, or a majority of them, and they are hereby directed to meet as soon thereafter as possible, make said appointments, and fill any vacancy occasioned by the failure to qualify of any person therefor appointed. --Ibid. Appointments etc. powers of com $89. (3) The persons so appointed, after they shall have Rights and duly qualified, shall form the permanent board of water missioners. and sewerage commissioners, and shall have all the rights, privileges, authority and power now vested by existing laws in the present board of water and sewerage commissioners, and all acts, contracts and proceedings, already commenced and now pending, shall be fully continued, completed and performed by the board of commissioners created by this act, as fully and with the same force and effect as if the same were continued, completed and performed by the present board, were this act not passed.-Ibid. Drawing for § 90. (4) The persons so appointed, within thirty days terms of office after their appointment, and in presence of the said the and their classi fication. Full term of office to be eight years. Vacancies, how filled. Power of Board as to work mayor, the comptroller, the corporation counsel and city. treasurer, or a majority of them, shall draw lots for their terms of office, which shall respectively expire on the first Monday of July, eighteen hundred and seventy-three, eighteen hundred and seventy-five, eighteen hundred and seventy seven and eighteen hundred and seventy-nine, and the city officers so present at said drawing, or a majority of them, shall certify the same to the city clerk. And after the expiration of said respective terms, the persons thereafter appointed as such commissioners shall hold their office respectively for the term of eight years from the said first Monday of July, on which their predecessors' term shall respectively expire.-Ibid. 91. (5) The said mayor, comptroller, corporation counsel and city treasurer or a majority of them shall have power to fill any vacancy occurring in the said board, and the person or persons so appointed shall hold office respectively for the balance of the term of the person or persons in whose place he or they shall have been appointed, and in every year in which any vacancy shall occur by expiration of the regular term of any member of said board, it shall be the duty of the said mayor, comptroller, corporation counsel and the city treasurer or a majority of them, on the first Monday of June or as soon thereafter as possible, to meet in the mayor's office in the City Hall and appoint a person to fill the vacancy which will occur by the expiration of said term. All persons appointed as members of said board shall, before entering upon their duties, file the oath of office and bond hereinbefore required.-Ibid. § 92. (6) The said board shall have exclusive power to cause streets to be repaved, regraded and repaired, to cause side and cross-cross-walks to be relaid and sidewalks to be reflagged, and upon streets, walks. In what cases shall be a lien upon property. improvements District of assessment to be fixed before done. generally to have such other improvements in and about such streets so to be repaved, regraded or repaired, to be made as in their judgment the public wants and convenience shall require. The expense of all such improvements in cases where such expenses shall exceed two hundred and fifty dollars, and in cases of repairs, shall be assessed and be a lien upon the property benefited thereby in proportion to the amount of such benefit, and in all other cases shall be a general city charge.-Ibid. 93 (7) Before any work of repaving or regrading any street shall be done or contract for doing the same, either work shall be in whole or in part be executed, the said board shall fix a limit or district of assessment for the payment of the expense thereof, and beyond which no assessment shall be made. The resolution fixing the same shall be published ing same to be in the corporation newspapers for two weeks, and a notice Resolution fixattached thereto that remonstrances against such district published. will be considered if filed with the city clerk before a time to be specified, not less than twenty days after the first publication of said notice. At any time of the last-mentioned District may be time the said board may confirm, and in case of remon- amended before strances filed in pursuance of such notice may amend or alter the district originally fixed by them, and such determination shall be conclusive.-Ibid. confirmation. Improvements contract or otherwise. § 94. (8) The said board are authorized to have the said may be done by improvements carried out in such form and manner as they shall deem to be for the best interest of the public, and either under their personal supervision or under the supervision of a superintendent whom they are hereby authorized to appoint or by contract, but no contract shall be made for work, the expense of which shall exceed two hundred and fifty dollars, unless advertisement for proposals Proposals for for doing such work shall be made in the corporation news- vertised and papers for at least twenty days, and in such case any con- awarded. tract shall be awarded to the lowest responsible bidder whose proposal shall in the judgment of said board be the most beneficial to the public and who shall give satisfactory security.-Ibid. work, how ad with comp 95 (9) The said board shall file with the comptroller Copies of reso lutions ordering of said city a certified copy of the resolution under which work and conany local improvement is directed to be made and state-tract to be filed ments from time to time of the cost thereof as they may troller. require funds to make payments for the cost thereof, which statements may be at any time corrected or amended; and if the said work be done by contract then also a certified copy of such contract and such statement, resolution and copy contract shall, in the case of work done by contract, be filed within ten days after the execution of such contract. -Ibid. work, how § 96. (10) For the purpose of providing the necessary Payments for funds and paying for the work herein above referred to, the made by compcomptroller is authorized and directed to pay on the requi- troller.j sition of said board, to be signed by the president and secretary, for the amount of all work done under its personal supervision or that of its superintendent, at such times and manner as said board shall require. When such work Payments to shall be done under contract, however, the said comptroller contractors. is authorized and directed to pay to the contractor or his assigns, from time to time, as the work progresses (but not oftener than once in each month) seventy per cent. of the estimated value of the work actually done under said contract until the same shall be completed, such estimate to be Final payments made by said board or such superintendent or inspector as they may direct. Upon the final completion of any conupon contracts, tract to the satisfaction of said board and the filing of a resolution accepting such work, the comptroller shall, within thirty days thereafter, pay to the contractor or his assigns the balance due on said contract, which shall be estimated by said board, and the amount specified in said resolution, city surveyors. The comptroller is also authorized and directed to make payments in like manner to any city surveyor who may be employed by said board in relation to such work of his fees as fixed by ordinance.-Ibid. Payments to City assessment bonds authorized. § 97 (11) For the purpose of furnishing the money required to make the payments mentioned in the preceding section, the mayor, comptroller and city clerk of said city are hereby authorized and directed, from time to time, as may be necessary, to issue, under the city seal, assessment bonds, payable at the expiration of three years with interest When payable. not exceeding seven per cent. per annum, payable semiannually, which bonds shall be sold and the proceeds used according to the provisions of the preceding section and for no other purposes. The amounts collected from any and all assessments levied and confirmed under the provisions of this act, together with all defaults and interests on the same are hereby specially appropriated and set apart for the payment of the principal and interest of the bonds made applicable mentioned in the preceding section, and there shall also be added to every assessment levied under the provisions of this act a sufficient sum to pay the interest on all payments made on account of the improvement.—Ibid. Rate of interest Assessments, defaults, etc.. to payment of bonds. bonds and un ments. Comptroller to § 98. (12) It shall be the duty of the comptroller of said keep account of city to keep an account of the bonds to be issued under the paid assess- provisions of this act, and he shall make detailed accounts to the common council of said city annually and oftener, if required, of the whole amount of assessment bonds issued and the amount of assessments remaining unpaid at the time of his said report.-Ibid. City assessors to apportion and assess ex provements. § 99. (13) After the completion of any local improvement the said board of water and sewerage commissioners, penses of im- shall, by resolution, direct the board of assessors of the city of Brooklyn, and it shall be the duty of said assessors immediately to apportion and assess the expenses thereof as may be fixed by the said board of water and sewerage commissioners, including a reasonable allowance for interest, inspectors' and surveyors' fees and for fees of city officers, together with three per cent. for expenses for collection, upon the several pieces or parcels of land and premises, in the judgment of the said board of assessors CITY OF BROOKLYN. benefited by said improvement, not beyond the district of assessment, when one shall have been fixed as aforesaid.— Ibid. ing and review confirmation of property as 100. (14) The board of assessors shall make a report Notice of hearin writing of the assessment so to be made by them, and of assessments. shall give notice in the corporation newspapers of the city that they have made the same, which notice shall be published for ten days successively of the time and place when and where the parties interested can be heard, and after such date the said board shall proceed to review the same and may amend or alter the said report in such manner as Alteration and they may think just, any alterations to be noted by them, assessments. and they shall complete and confirm the same, and the determination so made by them shall be conclusive, and, at the expiration of twenty days thereafter, the assessments therein made shall be respectively liens upon the property Assessment to assessed and which lien shall have priority over all other be liens upon Whenever any of the lots, pieces essed. . liens and incumbrances. or parcels of lands so benefited shall be under water and belongs to the state, the said board of assessors shall, in respect to such land, make such assessment on the right, interest and claim to and in the said land of the person or persons who may be entitled to a grant of such lands from the commissioners of the land office; and all the provisions of this act applicable to said improvement and the collec lands under tion of the assessments therefor shall apply to such right, interest and claim and to the person entitled to the same. Nothing herein contained shall be construed so as to affect the title of the state in or to the said lands; but any per- Title of state to son or persons who shall take the title to said lands from the state, and while the same remains unpaid, shall take affected. the same subject to the lien of said assessments, provided that the provisions herein contained shall be deemed to apply to lands under water lying in the eighth, tenth and Purchasers of twelfth wards of the city of Brooklyn, and to none others. take same sub-Ibid. Provisions as to water. lands under water not to be such lands to ject to liens. port to be certi § 101. (15) Before the board of assessors shall complete correctness of and confirm any report, the assessment shall be examined assessment reby the attorney and counsel of the city, and he or his as-fed by corporasistant shall certify as to the correctness of the proceed- tion attorney. ings, and he may reject the same if he find legal irregularity therein, and the said board of assessors shall, upon receiving a certificate of such rejection, proceed to take new proceedings as if they had made no report. The attorney Sufficiency proand counsel shall also certify as to the sufficiency of the ceedings local proceedings for a local improvement previous to the mak- to be certified ing of any contract or paying any money, which certificates But it is hereby shall be included in the assessment roll. improvements in like manner. |