The council may by ordinance provide for:
1.
The laying out, opening, constructing and making of
streets, public grounds, squares, parks, sewers, drains, culverts,
arches and bridges in said city.
2.
Widening, narrowing, altering or discontinuing of
any street, public ground, square or park, or any part thereof in
said city.
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But no street, or any part thereof, shall be
discontinued, except upon written petition, duly signed and acknowledged,
of all persons owning the lands fronting upon the street, or upon
the part so discontinued
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Whenever the council shall intend to lay out,
alter, widen, extend, contract, or discontinue any street, lane, alley,
highway, sewer or public grounds in said city, and the lands of any
person or corporation, or any right or easement therein shall be necessary
for such purpose; and whenever the council shall intend to acquire
lands, rights or easements therein for any purpose mentioned in this
act, it shall cause the same to be surveyed and monuments placed showing
the line thereof, and a map to be made of the same which shall be
filed in the office of the commissioner of accounts, showing upon
such map the lots, tracts and parcels of land and rights of easements
therein, that are deemed necessary to be taken, and the commencement,
course and termination of the street, lane, alley, highway or park
proposed to be laid out, widened, extended or altered or other work
or improvement proposed to be made in or through the land so to be
taken. And for that purpose the city engineer[1] and those acting under his direction shall have power
to enter upon any ground in said city. The council shall then declare
by resolution its intention to take and appropriate the said property
for the proposed improvements, and thereafter it may, subject to the
provisions of this act, purchase of the owner or owners thereof the
land or right of easement therein deemed necessary, and make him or
them such compensation as the council shall judge reasonable upon
receiving from such owner or owners a conveyance thereof to the city.
In case the council is unable to agree with the owner or owners for
the purchase of any real estate or land or right or easement therein
required for the purpose aforesaid, the city shall acquire the same
by condemnation proceedings under the provisions of the condemnation
law of this state, chapter twenty-three of the Code of Civil Procedure,
and amendments thereto. No one shall alter the condition of any part
of said land, except to plant and harvest crops thereon, after such
map is so filed, while such proceedings are pending, and a violation
of this provision shall constitute a misdemeanor. After such damages
shall have been ascertained and determined, said council shall declare
a district of assessment therefor, and the council shall direct such
part of the amount of such damages and expenses to be assessed upon
the city and such part locally as they shall deem just. The council
shall then direct the city assessors to assess the amount awarded
for damages and expenses so directed to be borne by the property benefited
locally, specifying the aggregate amount of the same, upon the property
within such district of assessment. The assessors shall proceed to
assess such amount upon the property benefited by such improvement,
in a just and equitable manner, and as near as may be, in proportion
to the benefits received; such assessment shall be made in the same
manner as other local assessments. When the assessment roll shall
be filed, the assessment may be appealed from in the same manner and
the council shall possess the same powers in reference thereto and
proceed in the same manner as on appeals from other assessments. Within
three months after the final determination of all proceedings in which
any award shall have been made, and before taking possession of the
property, the council shall cause to be paid or tendered to the respective
owners the amount awarded to each, respectively, less any sum which
shall have been assessed against them for any benefits on account
of such improvement. In case any such owner shall refuse the same,
or be unknown or nonresident of the city, or for any reason be incapacitated
from receiving the amount, or the right thereto be disputed or doubtful,
the council may make payment of the portion to the county treasurer
of the County of Albany and file a statement of facts and circumstances
in each case, and a transcript of the report of the commissioners
relating to the ascertainment of the amount so paid in, with the Clerk
of Albany County, and said clerk shall make a report to the supreme
court, at its first term held in the county, of the amount thus deposited,
accompanied with the statement and transcript aforesaid; and the supreme
court shall have authority and it shall be its duty, at such term
of court, to order the investment of such money or the payment thereof
on the ascertainment of the person entitled thereto. Upon such payment
or tender, or payment to the clerk being fully made, the fee of the
land shall be vested in the city.
[1]
Editor's Note: Ordinance No. 686, adopted
5-14-1959, vested the duties of the City Engineer in the General Manager.
No expenditure for any local improvement, the
expense of which is to be defrayed wholly or partly by local assessment,
shall be incurred unless the council shall first, by resolution, declare
its intention to make such local improvement or improvements. The
council may, by resolution, declare its intention to construct or
repair sewers, gutters, and sidewalks, or to sprinkle street without
preliminary petition therefor or consent thereto. The council shall
not declare its intention to make any other local improvement, the
expense of which is to be borne wholly or partly by local assessment,
unless the owners of at least one-half of the total number of front
feet lineal measurement, or at least one-half in number of the owners
of the property on the street or part of a street upon which the proposed
improvement is to be made petition therefor or consent thereto in
writing, and a certificate of the city engineer be endorsed thereon
or attached thereto, to the effect that he has examined such petition
or consent and that such requirement of property-owners have signed
the same, which certificate shall be prima facie evidence of the facts
therein contained; or in place of said petition or consents the commissioner
of public works[1] shall petition the council to make such local improvement
or improvements and the council shall by resolution, passed by a vote
of two-thirds of all its members, determine that such improvement
is expedient and necessary. Before the council shall declare its intention
to make such local improvement it shall cause to be published once
in each week for two successive weeks in the official newspaper of
said city a notice that at a time and place therein specified the
council will meet to make a final determination thereof. Such notice
shall contain a brief description of the character, location and extent
of such proposed improvement. At said meeting any person shall be
entitled to be heard for or against such improvement. If the council
shall finally decide by resolution that any such local improvement
or improvements shall be made or constructed, thereupon the council,
before ordering the same to be done, shall, except as to sidewalks,
gutters and sprinkling streets, establish a district of assessment
which shall contain all the property which, in judgment of the council,
is likely to be benefited by any such local improvement; and the council
may at any time alter or enlarge said district, and cause notices
to be published in the official newspaper of the city at least once
each week for two weeks to the effect that such district of assessment
has been altered or enlarged. The council may or may not in its discretion
establish a district of assessment for the construction of sidewalks,
gutters and sprinkling streets.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
Each resolution of the council declaring its
intention to construct a sewer shall specify therein the two points
between which it is proposed to construct the same, the size thereof
and the materials of which it is proposed to be constructed. The city
engineer[1] shall forthwith, on the passage of any such resolution,
make a survey and prepare, a map showing all the property within the
city likely to be benefited by such sewer and a profile thereof, and
an estimate of the materials required, the amount of each kind of
excavation and total estimated cost of constructing such sewer, and
shall file such map, profile and estimate with the commissioner of
accounts before the city shall publish or serve notices of the proposed
construction of such sewer. All sewers hereafter constructed in said
city shall conform, as nearly as may be determined by the council,
to the present system of sewers. The council may order sewers for
the draining of streets, cellars, buildings, lots, pools, vaults or
for any other proper sewerage purpose to be constructed in any street,
or, with the consent of the owner, or, if real property be acquired
or taken as in this act provided, for that purpose, in, upon or across
any such real property outside of a street.
[1]
Editor's Note: Ordinance No. 686, adopted
5-14-1959, vested the duties of the City Engineer in the General Manager.
Whenever the council shall order a public sewer
to be made through the lands of any person, corporation or association,
and the owner or owners of such lands shall not consent thereto, and
the city is unable to agree with the owner or owners upon the compensation
to be made therefor the council may take such condemnation proceedings
to ascertain and assess the damage and benefits to the parties interested
as is provided by the sections of this article relating to the taking
of private lands for streets, and said sections are hereby declared
to apply to proceedings under this section, and by such proceedings
the City of Watervliet shall acquire a permanent right-of-way for
a sewer of any size or depth, with the right to repair or relay such
sewer at any time. The costs and expenses of such condemnation proceedings,
together with the compensation paid to the owner of such real property
for such title, right or easement shall be a part of the expense of
the sewer for which such land, right or easement was acquired. Such
sums for inspection of the sewer as the officers making the local
assessment shall allow, based upon actual cost thereof, the cost of
necessary printing and publication of notices, the cost of maps, plans,
surveys, profiles, printed matter and all labor and material whatsoever,
necessary or incident thereto, or connected therewith, shall also
be included in the expense of constructing the sewer.
Upon the certificate of the city engineer[1] that a sewer or other local improvement has been completed
the council shall direct that the cost thereof shall be paid and assessed
as follows: Except as otherwise provided in this article, the city
shall bear and pay the cost and expenses of the same at or across
intersections of streets, if it be constructed or made at or across
such intersections of streets, and also, if it be constructed or made
along the border of and contiguous and adjacent to other property
owned by the city such sum of money therefor as the assessors shall
determine to be just and equal in proportion to the benefits received
by said city and its said property from such improvement. After deducting
said sum or sums of money so to be paid by the city one-third of the
remainder of the costs and expenses of such sewer or other local improvement
shall be paid by the city, the remaining two-thirds thereof shall
be paid by the owner, owners or occupants of, and shall become and
be a charge on land included in said district of assessment. The city
assessor shall thereupon proceed to assess such one-half of the costs
and expenses against the owner or owners or occupants and upon the
property deemed to be benefited by such sewer or other improvement
in a just and equitable manner as near as may be in proportion to
the benefits received therefrom. The assessors on the completion of
their assessment roll shall file the same in the office of the commissioner
of accounts and the commissioner of accounts shall thereupon cause
a notice to be published in the official newspaper of said city, once
each week for at least two weeks, that the assessment roll has been
filed with the commissioner of accounts and that the council will,
on a certain day and place be therein specified, which shall not be
less than ten days from the first publication of said notice, proceed
to confirm said assessment. At the time and place named in said notice,
or at any other time or place to which the council may from time to
time adjourn said hearing, any person interested may appear before
the council and apply to have said assessment roll altered or corrected
as he may deem just. After hearing all such applications the council
may proceed to make such alterations and corrections, if any, in said
assessment roll, as it may deem just and by resolution confirm the
same. The said assessment shall thereupon be and become final and
conclusive upon all persons interested, both as to regularity and
validity of the proceedings, and of each and every part thereof, and
as to the validity of each and every assessment thereunder, and as
to the respective amount or amounts thereof. Unless otherwise provided
pursuant to the provisions of this article for payment by installments,
the owner or owners of, or persons interested in, any lot or parcel
of land locally assessed as hereinbefore provided, may pay to the
treasurer, who shall receive said assessment roll from the commissioner
of accounts, the amount of such local assessment at any time within
twenty days after such final assessment and confirmation thereof without
fees or interest. If such owner or owners or persons interested in
any lot or parcel of land so locally assessed shall neglect or omit
to pay such local assessment within said twenty days, then and in
such case the treasurer shall proceed to collect the same with interest
thereon at the rate of twelve per centum per annum from the date of
confirmation in the same manner as provided hereinafter in this article
for collection and payment of assessments for paving and other local
improvement, and the provisions of this article with reference to
sale of property for unpaid assessments, or unpaid installments of
assessments, if provision be made by the council for payment by installments,
shall be applicable to assessments for improvements made under any
ordinance or resolution of the council passed pursuant to this act.
[1]
Editor's Note: Ordinance No. 686, adopted
5-14-1959, vested the duties of the City Engineer in the General Manager.
If the board of estimate and contract shall
of its motion decide that any street, section of a street, place or
square ought to be paved, repaved or macadamized and the owners of
more than one-half of the total feet front, or more than one-half
of the bona fide owners of the property abutting upon the street or
section of a street upon which the improvement is to be made give
consent thereto in writing, or if in place of said consents the council
shall by resolution by a vote of two-thirds of its members concur
with the board of estimate and contract that such improvement is expedient
and necessary, the said board shall publish once in each week for
at least two successive weeks a notice in the official newspaper of
said city, that at a time and place therein specified, it will meet
to make a final determination thereof. Such notice shall contain a
brief description of the character, location and extent of such proposed
improvement. At such meeting of said board any person shall be entitled
to be heard for or against such improvement.
1.
Determination to make improvement; letting contract.
If the board shall finally determine to make the improvement it shall
record an order to that effect on its minutes and shall cause plans
and specifications thereof which may specify in the alternative such
different kinds of material as the board may see fit, accompanied
by a map establishing and fixing the grade therefor, to be prepared
by the city engineer, which shall be presented to the board of estimate
and contract and if approved by it, shall be filed with the commissioner
of accounts. The board of estimate and contract shall then advertise
for bids for making of such improvements with each kind of pavement
or materials specified, according to such plans and specifications,
by publishing a notice in the official newspaper of the city and for
such time as such board shall direct, not less than once each week
for two weeks. Each contract must be awarded to the lowest bidder
who in the opinion of the board is responsible for the performance
of the same with the material finally adopted by the board of estimate
and contract, who shall furnish the security as hereinafter provided,
unless the board of estimate and contract shall deem it for the best
interests of the city and the adjacent and contiguous property owners
to reject all bids made. If no satisfactory bids shall be received
pursuant to said advertisement, or otherwise, the board of estimate
and contract may discontinue or abandon the work, or may advertise
for new proposals. No bids shall be accepted unless accompanied with
such security in such amount and penalty and in such form as the board
of estimate and contract may direct and approve, conditioned that
the bidder will accept and execute a written contract and specification
in case it shall be awarded to him. Said security shall be so given
after proper specifications shall have been made and filed in the
office of the commissioner of accounts and after notice for such bids
has been published at least once each week for two weeks in the official
newspaper of the city. The advertisement for bids need not contain
the specifications but may refer to them as on file. No contract shall
be let for such improvement unless the contractor shall also have
executed and delivered to the city a bond in a penalty not less than
one-half the amount of the contract, to be fixed by the board of estimate
and contract, duly executed and acknowledged, with two or more sureties,
who shall qualify as prescribed for sureties in civil actions, or
with a responsible surety company, which bond shall be approved, as
to its form and sureties, by the board of estimate and contract and
by the corporation counsel and shall be filed with the commissioner
of accounts. Such bond shall be conditioned for the faithful performance
by such contractor of his contract in accordance with the terms thereof,
and to indemnify and save harmless the said city from all damages
to be paid under the provisions of the Workers' Compensation Law and
all negligence on his part or that of his subcontractors or his or
their agents, employees or servants and to pay or cause to be paid
the wages and compensation of all laborers who shall be employed in
work in and about such improvements and to pay for all materials furnished
in and about such improvements. Actions or proceedings on such bond
may be brought by the laborers and materialmen secured thereby at
any time within one year after such cause of action accrued, in their
name or names or that of their assigns, but the city shall not in
any manner be liable or responsible by reason of such bond, or for
costs of any such action or proceeding thereon by any laborer, materialmen,
or their assigns.
2.
Liability of city. The city shall not be liable in
any action brought or had under any contract made with the contractor
as aforesaid, for any other or greater liability than that expressed
therein, nor required to pay out or otherwise dispose of any sums
of money for the doing of such work or the furnishing of such material
greater than it stipulated in such contract, nor otherwise than in
strict conformity with the stipulations thereof. Extra work, however,
may be done or materials furnished and allowed for by said board of
estimate and contract, but the same must be along and upon the line
of the proposed improvements, and must be allowed by said board in
writing before said work is done or materials furnished.
3.
Gas mains; telegraph, telephone and electric light
wires. And whenever the board of estimate and contract shall finally
determine to pave or repave any street or portion of a street, and
gas mains are not at said time laid in said street or the portion
thereof so determined to be so improved the board of estimate and
contract shall have power to require and compel any gas light company,
or the owners of any gas light works having their mains laid in any
of the streets of said city, to lay their mains along the street,
or portion of a street so finally determined by said board to be improved
as aforesaid, within such limits, of such size, not exceeding the
size of the adjoining pipes, in such manner, and in such place and
within such time as the board of estimate and contract shall determine,
and may serve written, typewritten or printed notices thereof accordingly,
upon such gas light company or upon such owner or owners of gas mains
hereinbefore specified, to so lay or extend its or their mains in
and along said street or portion thereof so finally determined to
be improved as aforesaid. The board of estimate and contract, under
such circumstances, may upon such terms and conditions as reasonable
and proper require any telegraph, telephone or electric light company,
having its wires or cables extended overhead along any such street
or portion thereof so determined to be so improved, to place the same
in subways along the part to be so improved and to remove the overhead
conditions prescribed herein for laying of gas mains. And in case
of neglect or refusal of such gas light company, or such telegraph,
telephone or electric light company, or such owners of gas mains as
aforesaid, to lay said mains in said street, or such portion thereof,
as directed by said board of estimate and contract, and within the
time and in the manner and as so ordered and directed, said board
of estimate and contract shall have the power to lay and complete
the same, and the actual cost and expense incurred in doing the same
shall be valid charge and claim by the city of Watervliet against
said company, or said owner of mains as aforesaid, neglecting or refusing
so to lay and complete the same, and for which said city may maintain
an action against said company or owner aforesaid, and such cost and
expense shall be a lien and assessed against and collected from such
company or owner in the same manner as assessments are made against
and collected from street railways, as set forth in subdivision five
of this section, provided, however, that said telegraph, telephone
or electric light company instead of placing its wires in said subways
shall have the option of removing its said overhead poles, wires,
and cables from the streets to be paved to such other street or streets
as may be designated by the board of estimate and contract, which
said street or streets shall be such as will form a reasonable and
practicable route for said overhead telegraph, telephone or electric
light poles, wires and cables. The right to order and require any
gas light company or owner of gas mains in any of the streets of said
city to lay its mains or pipes in any street or portion thereof, so
determined to be improved as aforesaid by the board of estimate and
contract, shall include the right to order the laying of lateral service
pipes connected therewith, opposite each separate piece of property
as directed by said board of estimate and contract to a point or points
within the curb line or lines opposite thereto, by said gas light
company or the owners of gas mains in the streets of said city, including
the right of said board to lay and connect the same, on notice to
and default of said gas light company, or owner aforesaid, and with
the same liability of such company or owner, and the same right and
remedies by the City of Watervliet against said company or owner,
for the recovery of the actual cost and expense thereof as arises
in case of mains.
4.
Water and sewer connections. And when the sewer mains
and water mains have been laid and completed in any street, or portion
thereof in or upon which the board of estimate and contract shall
have finally determined to make such improvements, by paving or repaving,
said board shall immediately cause a notice to be published in the
official newspaper of the city, requiring the owner or occupants of
any and all property fronting or abutting on said street or the portion
thereof, upon which such improvements are to be made, to make connections
with the water and sewer mains in said street, or the portion thereof
to be so improved, and to make and lay service and house connection
pipes from both said sewer mains and said water mains in front of
each separate piece of property, and where directed by said board
of estimate and contract, at least to a point within the line of the
curbing, within such time and in such manner as the board of estimate
and contract shall prescribe; and whenever any such owner or occupant
shall have made default in making such connections with said sewer
mains and water mains opposite the lands and premises owned or occupied
by him and in making and laying service and house connection pipes
therefrom, at least to a point within the line of the curbing, as
directed in and required by said notice therefor in the manner and
within the time therein specified, the board of estimate and contract
shall have power and authority to so make, extend and complete the
same to a point within the line of curbing opposite thereto and in
front thereof, including all labor done and materials used in doing
and completing the same, shall be assessed by the council of said
city upon each separate piece of property, opposite which the same
shall be done, and completed, and shall be a lien and liens on said
premises and lots of land respectively, and the same shall be collected
in the same manner as other local assessments, or assessments for
local improvements, provided by this act.
5.
Cost and expense of improvement. The cost and expense
of such improvement, namely, of such paving, repaving, macadamizing
or remacadamizing shall be deemed to include, in addition to the actual
contract price, with or without covenants of maintenance therefor,
and cost of all labor and material therefor, the sums actually paid
or incurred for services of a competent engineer and inspector in
connection with such work and in connection with the proceedings therefor,
also interest on all bond anticipation notes issued in the course
of doing and prosecuting such work and improvements prior to the issue
of bonds therefor. And such cost and expense shall also include all
necessary printing and publication in the official newspaper of the
city and in such other newspapers and journals as said board shall
direct of all notices or matter herein provided; and also include
the cost of all maps, plans, surveys, profiles, printed matter and
all other labor and materials whatsoever, necessary or incident thereto,
or connected therewith. The cost and expenses of such paving, repaving
or macadamizing as are made along the border upon and are contiguous
and adjacent to any property owned by the city, including crosswalks
and intersections of streets, and one-third of the remainder of such
improvements, exclusive of the amount charged to any railroad company,
shall be paid by the city at large; the balance of the cost and expenses
of such improvements, exclusive of the part to be done or paid for
by any railroad company under the terms of the general laws of this
state, shall be paid and become a charge upon and shall be assessed
against the real estate abutting and bordering upon and contiguous
and adjacent to the streets, alleys, public places or way, or any
part thereof, so improved. The whole or any part of the cost and expense
of said improvement between the tracks, the rails of the tracks and
two feet in width outside of the tracks of any street surface railroad
corporation using its tracks in any street, avenue, or public place
in the city, incurred by the city after failure of such corporation
to pave, repave, macadamize, remacadamize or repair any such street,
avenue or public place within thirty days after notice so to do from
the council or board of estimate and contract or in the behalf or
by the authority of either, may, after payment thereof by the city,
be assessed against and collected from such corporation in the same
manner as assessments are made against and collected from abutting
property owners for pavements, except that not more than twenty days'
time shall be given to such railway company to pay the same after
it shall become due and before proceedings may be instituted to collect
the same, after which twenty days such assessment shall bear interest
at the rate of twelve per centum per annum from date of confirmation
of assessment, and all the franchise and property of such railroad
corporation may be sold to collect such assessment or assessments
with such interest against said railroads in the same manner as provided
for the sale of real property to collect other taxes in the city and
all the provisions of law applicable to the collection of taxes by
a sale of real property in the City of Watervliet are hereby made
applicable to the collection of such assessment or assessments herein
provided for, except that notice of sale may be served personally
on such company or companies instead of being posted upon the property
to be sold and such assessment or assessments when so made shall be
a first lien superior to any lien by mortgage, judgment or otherwise,
except the lien of an existing tax on all the franchise and property
of such corporations, and nothing herein contained shall in any way
impair any other remedy or remedies at law or otherwise for the collection
of such cost and expenses of such repairs and pavements or any part
thereof or for the collection of any part thereof not realized by
a sale as herein provided. The board of estimate and contract shall
ascertain the whole cost and expense of such improvement and shall
apportion the same upon all the real estate fronting upon said streets,
section of a street or public square then to be improved in proportion
to the benefit which each owner of said real property may be deemed
to receive, first deducting the share thereof imposed upon the city
and the share or any portion thereof which any street or other railroad
company may be liable to pay for the improvement between its tracks
and on each side of them. The true intent and meaning hereof being
that two-thirds of the entire cost and expense of such improvements,
exclusive of street intersections, and the share of said railroads
shall be assessed upon and be borne by the lots and lands abutting
upon and adjacent to such improvements, and by the owners thereof,
and persons interested therein. The word "pavement," as herein used,
is intended to include curbs and gutter. The board of estimate and
contract shall report such apportionment and the amount for which
such railway company shall be liable and a list of all the lots and
parcels of land liable to assessment with their respective frontage
and a description thereof to the council.
6.
Assessment of costs and expenses of improvement. The
council shall assess upon any railroad company liable to assessment
hereunder its share of the costs and expense of such improvements
and the said assessment shall be collected in the same manner as other
assessments are collected by the chamberlain[1] as provided in this act. The council shall assess the
residue of such costs and expenses, after deducting the share to be
paid by the city at large, such residue being in the aggregate two-thirds
of the entire cost and expense of such improvements, after deducting
from such entire cost and expense the expense of all street intersections
and all railroad assessments, upon all the real estate fronting upon
said street or section of a street, public square or place, so improved
as hereinbefore provided, and shall make a just and equitable assessment
of the amount so fixed by it against the said owners and occupants
and upon such lands deemed to be benefited as herein provided, assessing
each parcel as near as may be in proportion to the benefit which each
owner of real property may be deemed to receive therefrom and shall
thereupon cause a notice to be published in the official newspaper
of said city, that the assessment roll has been filed with the commissioner
of accounts and that the council will on a certain day and place to
be therein specified, which shall not be less than ten days from the
first publication of said notice, proceed to confirm said assessment.
At the time and place names in said notice or at any other time to
which the council may from time to time adjourn said hearing, any
person interested may appear before the council and apply to have
said special assessment roll altered or corrected as he may deem just.
After hearing all such applications the council may proceed to make
such alterations and corrections in said special assessment roll as
it may deem just, if any, and by resolution confirm the same; the
said assessments shall thereupon be and become final and conclusive
upon all parties interested, both as to regularity and validity of
each and every assessment thereunder, and as to the respective amounts
thereof. The owner or owners of, or any person interested in, any
lot or parcel of land locally assessed, as hereinbefore provided,
may pay and cancel such local assessment at any time within twenty
days after such final assessment and confirmation thereof. If such
owner or owners or persons interested in any lot or parcel of land
so locally assessed shall neglect or omit to pay such local assessment
within said period of twenty days above specified, then and in such
case the treasurer shall proceed to collect the same with interest
thereon at the rate of twelve per centum per annum. (L. 1943, c. 710)
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
Instead of directing that assessments for local
improvements be paid fully within twenty days, as hereinbefore provided,
the council may, by a two-thirds vote of all the members elected thereto,
with the approval of the mayor and upon the prior recommendation of
the board of estimate and contract, provide in any ordinance for any
street improvement, sewer, paving or other, improvement, the expense
for which, or for any part thereof, may be imposed and assessed upon
the property benefited thereby, as provided by law, that the assessment
thereon shall become due and payable in any number, not less than
five nor more than fifteen equal annual installments, and that one
of such installments, together with interest thereon, from and after
the date of the confirmation of such assessments at the rate of five
per centum per annum upon the whole amount of the entire assessment
remaining unpaid, shall be due and payable upon each first day of
September, following the confirmation of such assessment, until the
whole of said assessment and the interest thereon shall be paid. The
owner or occupant of any piece of property so assessed may at any
time pay to the chamberlain[1] the entire assessment upon his or her such property with
interest at the rate aforesaid up to the time of such payment, and
thereupon said property shall be discharged from the lien of such
assessment. In case any payment so above provided for shall not be
paid when as above provided for it becomes due and payable then such
amount shall be collected by the sale of the property assessed as
in this act provided.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
All moneys derived from a sale of obligations
issued to finance the costs and expenses of such improvements, including
all the items hereinbefore enumerated, shall be kept by the chamberlain[1] as a separate fund, and designated "The Public Works Improvement
Fund," and all orders for the payment of any moneys from said fund
shall be drawn directly upon said fund, and shall be signed by the
mayor and countersigned by the commissioner of accounts. The moneys
received upon the collections of local assessments levied for such
improvements shall be used by the council in paying and canceling
the costs and expenses of such improvements as shall have been so
locally assessed, and in paying the portion of such obligations which
shall have been applied to the financing of that part of the cost
and expenses of such improvements which was locally assessed. In case
any railway company shall neglect or refuse to make its share of any
of the improvements in this act provided for, in accordance with the
terms of this act or of the general law, and if the city shall make
the same and finance the same by the issuance of obligations, any
sums received on account of such cost and expense shall be applied
to the retirement of such obligations. (Ord. No. 98, 7-1-1927; L.
1943, c. 710)
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
Provided, however, that in addition to the provisions
of section one hundred and seventy-six of this act, if the board of
estimate and contract shall, by a resolution adopted by a unanimous
vote of all the members of said board, decide that any street or section
of a street ought to be macadamized or remacadamized or ought to be
built or rebuilt of slag or other suitable materials either with or
without suitable curbs and gutters in connection therewith, and in
addition thereto, shall decide by a unanimous vote of all the members
of said board, that the total cost and expense thereof, exclusive
of the share of any street railway company, with or without suitable
curbs and gutters in connection therewith, ought to be borne by the
property owners whose lands abut upon said street or section thereof
proposed to be so improved in a lesser share than the one-half thereof
or thereabouts, as provided in section one hundred and seventy-six
of this act, in such case said board of estimate and contract may
macadamize or remacadamize the same, or build or rebuild the same
of slag or other suitable materials, without any consents in writing
of the abutting property owners, and without the concurrence of the
council, upon such ratio and division of the entire cost and expense
thereof, exclusive of the share of any street railway company, as
between the city of Watervliet and the owners of the property abutting
thereon, as said board shall decide to be just and equitable, but
in no case shall more than two-fifths or forty per centum in the aggregate
of such entire cost and expense of such improvements, including curbs
and gutters, exclusive of street intersections, and the share of any
street railway company, be assessed upon the owners of property abutting
thereon, but up to said two-fifths of such entire cost and expense
thereof, including curbs and gutters, the same may be assessed upon
the owners thereof and upon the property abutting thereon. And in
such case the entire provisions and practice of the foregoing section
one hundred and seventy-six are hereby modified, and each and every
part thereof, including assessments on abutting property owners, and
including the rights and remedies against any railroad, its owners,
or owner of gas mains, telephone or electric light wires, shall apply
to such proceedings, excepting that neither consents of the abutting
property owners nor the concurrence of the council shall be necessary
therein, and excepting that the division and ratio of the entire maximum
cost and expense thereof as between the city of Watervliet and the
abutting property owners shall be as herein provided and excepting
also that the work may be done and material furnished without public
letting, and without consent of the council where the total estimated
expenditure for such improvement does not exceed one thousand dollars,
but if it exceeds the sum of one thousand dollars, it may in all cases
be done without public letting, if the council of said city by resolution
consent thereto. The disposition of the proceeds of obligations issued
to finance such improvements shall be governed by the provisions of
section one hundred and seventy-eight of this chapter. (L. 1943, c.
710)
The council shall have power to change the grade
of any street, public place or square, whenever such change shall
be necessary. If the grade of any street, public square or place in
which a street railroad is now or shall be hereafter operated or in
which there are gas, water or other pipes or conduits of any character
shall be changed, or if any such street shall be straightened, widened
or altered, the railroad corporation operating such street surface
railroad and the owner or owners of such pipes or conduits shall,
so far as reasonably necessary change its grade and line and his or
its pipes or conduits to conform to such alterations, if required
so to do by the board of estimate and contract, and the expense thereof
shall be borne by such railroad corporations and such owner or owners
unless the city shall be legally liable to pay the cost of such damage
of the grade and line of such railroad, pipes or conduits. Whenever
the grade of any street in the city shall have been established and
the street graded, and private property adjusted to such grade, the
same shall not be changed to the inquiry of such property without
just compensation.
Whenever property owners representing a majority
of taxable property in number of parcels and value on either side
of a public street, or portion thereof to be affected, by petition
request a sidewalk or that a new sidewalk be laid on such side or
portion thereof, the same shall, if approved by the board of estimate
and contract, be laid by them as soon as practicable, and its cost
be paid for as provided in this act, the number of parcels and value
of property represented on all such petitions to be determined as
it appears on the last assessment roll of the city. The improvements
or any of them hereinbefore provided for may be made and the expense
paid, assessed and collected as provided in this act without a petition
or in case a petition be insufficient, provided the board of estimate
and contract make a declaration of the necessity and an order for
such improvement by a two-thirds vote after a resolution for a preliminary
plan and estimate of the cost thereof, and after such plan and estimate,
made and signed by the city engineer,[1] shall have been filed with the commissioner of accounts,
and after notice of such filing and the proposed improvement and that
such plan and estimate are open at such commissioner's office to the
inspection of any person interested and fixing the time when and a
place where a final hearing will be had and objections thereto will
be heard, signed by the commissioner, shall have been given by two
successive publications of such notice once each week in the official
newspaper and after such hearing provided for by such notice. In case
of such procedure without a petition or without a sufficient petition,
the work shall be done in substantial conformity with such preliminary
plan, and the assessment against property owners shall not be at any
greater rate or on any greater basis than such preliminary estimate.
A street or any part thereof may be curbed or guttered without a petition
and without such procedure and the cost thereof borne and collected
as provided in this act. One or more of such improvements on the same
or different streets may be included in the same proceeding, but the
plans and estimates must be distinct and separate and in determining
after such hearing, the board of estimate and contract may decide
upon part of the improvements or a part of a single improvement, and
in making the assessment apportion the estimate, or may decide that
such proposed improvement or improvements are unnecessary. The expense
of any sidewalks, guttering and curbing made pursuant to this section
shall be borne by the property owners adjacent thereto on the side
of the street where the same is laid. All street crossings shall be
made by the city. The assessments for improvements provided for in
this section shall be made in accordance with the provisions of section
one hundred and seventy-six, subdivision six, of this act and shall
be due and payment thereof enforced in accordance with the provisions
of this article, so far as the same are applicable.
[1]
Editor's Note: Ordinance No. 686, adopted
1-14-1959, vested the duties of the City Engineer in the General Manager.
It shall be the duty of every owner or occupant
of every lot or piece of land to keep the gutters and the sidewalks
adjoining his lot or piece of land at all times clean and free from
snow, ice or other obstructions. It shall be the duty of such owner
or occupant to remove new ice and freshly fallen snow from such sidewalk
before nine o'clock in the afternoon of each day. In default thereof
such owner or occupant shall be subject to such fine or penalty therefor
as shall be prescribed by the council. Also the commissioner of public
works[1] shall have power to remove all snow and ice which the
owner or occupant has neglected to remove before the said hour of
nine o'clock in the forenoon, or any obstruction upon the sidewalks,
and no ordinance for the same need be passed, or notice given; the
expense thereof shall be assessed and collected in the same manner
as the expense of constructing and repairing sidewalks.
[1]
Editor's Note: Ordinance No. 76, adopted 1-11-1924,
vested the powers and duties of the Commissioner of Public Works in
the General Manager.
Except as herein otherwise provided, all work
within the purview of this article shall be done by contract, to be
let to the lowest bidder under the regulations and limitations prescribed
in this article in reference to the paving of streets.
Whenever an infant or other incompetent person
shall be interested in real estate affected by any improvement provided
for by this article, the City Court of Watervliet, the County Court
of Albany County or the supreme court, shall have power to appoint
a guardian in the nature of a guardian ad litem to protect the interests
of said infant or other incompetent person. Such guardian shall be
entitled to receive for his services such compensation as the court
making the appointment shall direct.
In the assessment of any lands in the city for
any purpose, it shall be sufficient to state the name of one of the
owners of such lands if the owner or owners or any of them be residents
of the city and known to the assessors; if the owner or owners be
unknown to the assessors or if they be nonresidents and the ownership
is unknown to the assessors, then the assessment may be designated
unknown, and there shall be stated the number of lot and the block,
if subdivided into lots and blocks and so designated upon the map
used by the assessors and filed in their office or the number of the
lot or farm lot, if not so subdivided into blocks and lots and so
designated, and also the street and number of any building thereon;
but if the land be vacant or the building thereon be not numbered,
then the name of the street on which it fronts and a brief description
of the premises shall be given. In case no inhabited building be on
the land and the residence of the owner be unknown, such owner may
be designated as unknown. No assessment hereafter made in said city
shall be held to be invalid because the same may be made out in terms
against owner or owners unknown or the estate of a deceased person,
naming such person, or the executor, administrator, heirs or devisees
of a deceased person, naming such person, or any of them or against
a company or a firm name, or against a person in whom is the record
title, though not the action title of the property, or for any cause
arising through ignorance or mistake as to the name of the owner or
owners of the property assessed, whether individually or a corporation,
provided such property is sufficiently described on the assessment
roll to be reasonably identify and indicate to a person familiar with
the same the particular property which it was intended to assess.
Every assessment roll shall be considered as referring to the last
adopted map, unless it be otherwise stated therein.
In all cases of assessment for improvements
there shall be included in the apportionment all the expenses connected
with or which were incident to the making of the improvement and assessment.
Whenever the amount apportioned shall exceed the actual cost of the
improvement, including all expenses connected therewith or incidental
thereto, the treasurer shall certify the amount of the surplus to
the assessors and they shall thereupon declare a rebate and the excess
shall be refunded pro rata to the person who paid their assessments.
If the amount assessed for any improvement shall be insufficient to
cover the cost of the improvement, including all expenses connected
therewith and incidental thereto, the treasurer shall certify the
amount of the deficiency to the council and assessors, and the council
and assessors shall forthwith cause to be assessed and levied the
amount of such deficiency pro rata upon the property included within
the original assessment and the same shall be assessed, levied and
collected in like manner as other assessments of a like character.
No assessment or tax shall be vacated, set aside,
canceled, annulled, reviewed or otherwise questioned or affected by
reason of any error, omission, irregularity or defect, not actually
fraudulent, in any of the steps or proceedings required to be had
or taken as preliminary to, or in making of, the assessment, or in
the levying or collection of the tax, nor in relation to or in connection
with any proposal, designation of materials, contract, work or improvement
for or on account of which such assessment was made or tax imposed.
But all property shall be liable to assessment and all assessments
shall be valid and of full force and effect notwithstanding any such
error, omission, irregularity or defect.
No action or proceeding to set aside, vacate,
cancel or annul any assessment or tax for a local improvement shall
be maintained, except for total want of jurisdiction to levy and assess
the same on the part of the officers, board or body authorized by
law to make such levy or assessment or to order the improvement on
account of which the levy or assessment was made. No action or proceeding
shall be maintained to modify or reduce any such assessment or tax
except for fraud or substantial error by reason of which the amount
of such tax or assessment is in excess of the amount which should
have been lawfully levied or assessed.
No action or proceeding shall be maintained
to set aside, vacate, cancel, annul, review, reduce or otherwise question,
test or affect the legality or validity of any assessment or tax for
a local improvement, except in the form and manner and by the proceedings
herein provided. If, in the proceedings relative to an assessment
or tax, entire absence or jurisdiction on the part of the officers,
board or body authorized by law to levy or assess the same or to order
the improvement on account of which the assessment was made or tax
imposed, is alleged to have existed or in case of fraud or substantial
error, other than the errors or irregularities specified in the preceding
section, by reason of which substantial damages have been sustained,
are alleged to have existed or to have been committed, any party aggrieved
thereby, who shall have filed objections thereto within the time and
in the manner specified by law therefor, may apply to the supreme
court at any special term thereof, held within the judicial district
in which the city is situated, for an order vacating or modifying
such assessment as to the lands in which he has an interest, upon
the grounds in said objections specified, and no other, and upon due
notice of such application to the corporation counsel. Each such application
shall be made within twenty days after the confirmation of the assessment.
Thereupon such court may proceed to hear the proofs and allegations
of the parties and determine the same, or may appoint a referee to
take the proof and report thereon, or to hear, try and determine the
same. If it shall be determined in such proceeding that the officers,
board or body had no jurisdiction to make the levy or assessment complained
of or to order the improvement, the court may order such assessment
or tax vacated. If it shall be determined therein that any such fraud
or substantial error has been committed and that the party applying
for such relief has suffered substantial damages by reason thereof,
the court may order that the assessment or tax be modified as to such
party and as so modified that it be confirmed. A like application
may be made to secure a modification or reduction of any such assessment
or tax on account of fraud or such substantial error occurring in
the performance of the work of the improvement on account of which
such assessment or tax is made or levied, and it shall be determined
in like manner. If, in any such proceeding, it shall be determined
that such fraud or substantial error has been committed, by reason
of which any such assessment or tax upon the lands of any aggrieved
party has been unlawfully increased, the court may order that such
assessment or tax be modified by deducting therefrom such amount as
is in the same proportion to such assessment or tax as the whole amount
of such unlawful increase is to the whole of the assessment or tax
for the improvement. An order so made in any such proceedings shall
be entered in the clerk's office of the County of Albany and shall
have the same force and effect as a judgment. The court may, during
the pendency of any such proceeding, stay the collection of any assessment
or tax involved therein as against the parties thereto. Costs and
disbursements of any such proceedings may be allowed in the discretion
of the court. No appeal shall be allowed or taken from the order made
in any such proceedings, but the determination so made therein shall
be final and conclusive upon all parties thereto. No assessment or
tax shall be modified otherwise than to reduce it to the extent that
the same may be shown by the parties complaining thereof to have been
in fact increased in dollars and cents by reason of such fraud or
substantial error. In no event shall that proportion of any such assessment
which is the equivalent of the fair value or fair cost of the improvement
be disturbed for any cause. No money paid on account of any assessment
or tax shall be recovered for any cause, except the amount of the
excess of such assessment or tax over and above the fair value and
cost of the improvement. In case of the failure of any assessment
or tax for any cause, the chamberlain[1] shall certify such fact to the council and it shall be
its duty to forthwith cause the same to be relevied and reassessed
in a proper manner.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
Two or more persons may unite in commencing
and prosecuting the proceedings to vacate or modify assessments; and
when two or more persons have commenced separate proceedings to vacate
or modify assessments for the same improvements, the court before
whom the same are commenced or pending, or a judge thereof at special
term or chambers, may, by order, upon due deliberation and notice,
consolidate such separate proceedings into one proceeding.
Nothing herein contained shall affect any assessment
upon lands owned by the state nor be deemed to repeal or modify any
of the provisions of section twenty-one of the public lands law.
Whenever the council shall resolve by the affirmative
vote of two-thirds of its members that an extraordinary expenditure
ought, for the benefit of the city, to be made for the construction
of a new building or buildings for the city, or for a proper supply
of water for said city or for any other specific purpose set forth
in the resolution, it may make an estimate of the sums necessary therefor
and for all such purposes, if there be more than one, and publish
such resolutions and estimates for at least three times, once in each
week, in the official newspaper, together with a notice that at a
time and place therein specified a special election of the taxpayers
of the city will be held to decide whether the amount of such expenditure
shall be raised by tax. All provisions of law prescribing the duties
of inspectors of election and their powers with reference to preserving
order at elections and false swearing and fraudulent voting thereat
shall, so far as applicable, apply to the special elections held hereunder.
All citizens of the age of twenty-one years or upwards, whose names
shall be on the last annual tax roll of said city, made next preceding
such special election, shall be entitled to vote upon a proposition,
and no other person shall be entitled to vote at such election. The
election shall be by ballot, and each ballot shall contain a brief
statement of each purpose for which such expenditure is required,
and the amount thereof, and be in the form required by the election
law for voting upon questions submitted. The inspectors shall, at
the time and place designated as aforesaid, sit without intermission,
from nine o'clock in the morning until four o'clock in the afternoon,
to receive the ballots cast at such special elections and shall deposit
the same in a suitable ballot box to be provided by the city. The
inspectors shall canvass the votes received immediately after the
closing of the polls, and immediately make a certificate, signed by
them, stating the whole number of ballots voted at such election,
the whole number for each special tax, and the whole number against
such special tax, and deliver the same forthwith to the commissioner
of accounts. The commissioner of accounts shall deliver the same to
the council at its next meeting, and it shall cause the result of
said election thus certified to be entered in the minutes. After such
special tax or taxes shall have been authorized as herein provided,
the council may proceed to authorize the expenditure of the amount
thereof, during the fiscal year for which such tax or taxes are to
be levied, for the purpose specified in its published statement as
aforesaid and sanctioned by such election. (L. 1943, c. 710)
