The following shall be deemed public streets within the City:
A.
All streets in public use within said City, laid out as streets or
public highways under any law of this state or under any proceedings
authorized by the statutes of this state.
B.
All streets not laid out or recorded under any statute of this state
or by proceedings authorized by such statutes but which have been
worked or improved by the City shall have been used as public streets
or highways for 10 years or more.
C.
All such streets heretofore dedicated to the public use in pursuance
of law or hereafter dedicated and accepted by the City Council as
provided in this article. (L. 1907, Ch. 756, § 34; L. 1931,
Ch. 411, § 1)
Whenever lands are sold or conveyed within the City of Schenectady
and described in the deed or conveyance thereof as abutting upon or
bounded by any street, park or place which is owned wholly or partly
by the grantor in such deed or conveyance, and such street shall not
be one of the public streets of said City as defined by the preceding
section, or such park or place shall not be one of the public parks
or places of said City, the fact of such sale or conveyance of lands
so described shall be deemed a dedication to the public use by the
grantor of the street, park or place, as so described in the description
of land so sold or conveyed, or in any map, plan or survey referred
to in such description, and filed in the Clerk's office of the County
of Schenectady. (L. 1907, Ch. 756, § 35; L. 1931, Ch. 411,
§ 1)
Whenever any street, park or place shall have been dedicated
to the public use, the City Council may, by ordinance, accept such
dedication. Thereupon the street so dedicated and accepted shall be
a public street within said City, and the park or place so dedicated
or accepted shall be one of the public parks or places of said City.
(L. 1907, Ch. 756, § 36; L. 1931, Ch. 411, § 1)
The City Council may, by ordinance, cause the boundaries of
such streets, public parks or places in said City, which are not sufficiently
described, to be ascertained, described and entered of record in its
minutes. (L. 1907, Ch. 756, § 37; L. 1931, Ch. 411, § 1)
If any building or structure now erected, or hereafter erected,
shall be found from a survey by the City Engineer to stand upon or
project over any public street, place or property, the Commissioner
of Public Works shall, upon direction by resolution adopted by the
City Council, send written notice thereof to the owner or person erecting
or maintaining the same, who shall, within 10 days after the receipt
of such notice, remove said encroachment, and, in case of neglect
or refusal of said owner or person to comply with said notice, the
Commissioner of Public Works shall cause said removal to be made and
certify the expense thereof to the City Council to the end that said
expense may be assessed and collected, and the City Council is hereby
empowered to direct the Board of Assessors to assess said expense
upon the property of such owner in the same manner as assessments
for public improvements in the City are levied. (L. 1907, Ch. 756,
§ 38; L. 1931, Ch. 411, § 1)
Whenever a petition is presented to the City Council of the
City of Schenectady on a standard form prepared and supplied by the
City Engineer, signed and acknowledged by the owner or their duly
authorized representatives of more than 25% as certified by the City
Engineer, of the number of feet fronting both sides of that portion
of the street or streets or other public place or places to be improved
or to be included in a district of assessment therefor for the opening,
extending, widening, grading, curbing, paving, constructing sidewalks,
sodding, planting of trees and other work allied to a street improvement,
in whole or in part, on any street, avenue, road, place, court, square,
alley, or other public place, or any part thereof, the City Council
is empowered and authorized in its discretion, to provide by ordinance
for such work according to plans and specifications to be prepared
by the City Engineer, and the same shall thereafter be done in all
respects in accordance with the laws of the state and the laws and
ordinances of the City relating thereto. After the presentation of
a petition duly signed and acknowledged as provided herein, and duly
certified by the City Engineer, the City Council shall, in its discretion,
refer the same to a proper committee for consideration, which committee
shall examine the subject and report in writing to the City Council
stating its opinion as to the propriety of the proposed improvement.
(L. 1907, Ch. 756, § 39; L. 1931, Ch. 411, § 1)
After the receipt of said committee's report and the introduction
of an ordinance providing for said improvement, a notice shall be
published in the official newspaper, or newspapers, for at least three
times in the interval five days before the final passage thereof,
stating the kind of work and the limits of such improvements, as near
as may be, embraced in said ordinance and the district of assessment
therein provided and inviting parties interested therein to present
their arguments for, or their objections to, the proposed ordinance,
or improvement, in writing or at the public hearing which shall be
held before the City Council previous to the adoption of the said
proposed ordinance. (L. 1907, Ch. 756, § 40; L. 1931, Ch.
411, § 1)
A.
Whenever any work provided for in the preceding section shall have
been completed, the expense thereof, not otherwise provided for, shall
be imposed and assessed upon the property in the district of assessment
therefor in like manner and form as other assessments for work done
in said City are laid and imposed, except as hereinafter provided.
B.
If the width of the carriageway between curblines of a street, or
other public place, to be paved with stone block, vitrified block,
wood block, sheet asphalt, asphaltic concrete, concrete or other modern
durable materials for street pavements exceeds 40 feet, or if the
width of the street or other public place to be graded exceeds 76
feet, the City Council may provide, in its discretion, that the whole
or part of the cost of the pavement exceeding 40 feet in width, or
that the whole or part of the cost of grading exceeding 76 feet in
width, shall be borne by the City at large and the amount and proportion
of the expense of such improvement, which shall be borne by the City
at large, may be included in the budget and raised by tax the same
as other general City charges.
C.
If the width of the carriageway, between the sidewalk, curb and center
parkway, or grass plot curb on the nearest side thereto of a street
or other public place to be provided with a center grass plot or parkway
and to be paved with stone block, vitrified block, wood block, sheet
asphalt, asphaltic concrete, concrete or other modern durable materials
for street improvements exceeds 20 feet, the City Council may provide,
in its discretion, that the whole or part of the cost of the pavement
exceeding 20 feet in width between the sidewalk, curb and a center
parkway or grass plot, as aforesaid, and of the cost of the construction
of the center parkway or grass plot, including the cost of the pavement
between the ends of the center parkways or grass plots, shall be borne
by the City at large, and the amount and proportion of the expense
of such improvement, which shall be borne by the City at large, may
be included in the budget and raised by tax, the same as other general
City charges.
D.
In the case of the opening, extending or widening of a street or
other public place, the City Council may provide, in its discretion,
that a certain proportional part of the cost of any acquisition of
real property and of any property damage shall be borne by the City
at large, and the amount and proportion of the expense of such acquisition
and property damage, which shall be borne by the City at large, may
be included in the budget and raised by tax, the same as other general
City charges. (L. 1907, Ch. 756, § 41; L. 1931, Ch. 411,
§ 1; L. 1943, Ch. 710, § 912; L. 1945, Ch. 839,
§ 62)
A.
The City Council may, at any time, provide by ordinance for the reconstruction
of a street, which reconstruction shall be construed as including
the repaving or resurfacing of the street on an old, repaired or new
foundation; the relaying of old curbing, the setting back of the curbline
and the relaying of old curbing, the laying of new curbing and setting
back of the curbline and the laying of new curbing or combining the
relaying of old and the laying of new curbing; the installation of
new or the repair of old sewers and appurtenances, such as manholes
and catch basins; the extension of new or the replacement of old sewer
and water laterals; the removal of old, the relaying of old or the
laying of new sidewalks; the sodding or resodding of the unpaved portions
of sidewalks; the removal of old or the planting of trees; and the
doing of other work allied to a street improvement, without a petition;
provided, however, that the Board of Estimate and Apportionment shall
approve the same.
B.
After the introduction of an ordinance for any of the work provided
for herein in which a district of assessment is set up, a notice of
such proposed ordinance shall be published in the official newspaper,
or newspapers, for at least three days in the interval five days before
the final passage thereof, stating the kind of work and the limits
of such improvements, as near as may be embraced in said ordinance
and the district of assessment, and inviting parties interested therein
to present their argument for, or their objections to, the proposed
ordinance or improvement, in writing, or at a public hearing which
shall be held before the City Council previous to the adoption of
the said proposed ordinance. (L. 1907, Ch. 756, § 42; L.
1931, Ch. 411, § 1)
A.
Whenever any work provided for by ordinance referred to in the preceding
section shall have been completed, the whole expense thereof, not
otherwise provided for, shall be imposed and assessed upon the property
in the district of assessment set up in said ordinance, in like manner
and form as other assessments for work done in said City are laid
and imposed, except as hereinafter provided.
B.
In case the street or other public place was originally paved with
stone block, vitrified block, wood block, sheet asphalt, asphaltic
concrete, concrete or other modern durable materials for street pavements,
the whole cost, exclusive of that portion otherwise provided for by
law, of the reconstruction of such pavement shall be borne by the
City at large, and the expense thereof may be included in the budget
and raised by tax the same as other general City charges.
C.
In case of widening the carriageway to a greater width than 40 feet
between curblines of a street already paved with stone blocks, vitrified
blocks, wood blocks, sheet asphalt, asphaltic concrete or other modern
durable materials for street pavements, and which pavement was originally
paid for through an assessment of the property benefited, the whole
cost, exclusive of the portion otherwise provided for by law, of the
reconstruction of such pavement, the paving of the widened street
area, the removal of trees and the relocation of stormwater catch
basins with their connections shall be borne by the City at large,
and the expense thereof may be included in the budget and raised by
tax the same as other general City charges.
D.
In case the street was originally curbed with sandstone or granite,
the whole cost of relaying old or new curbing shall be borne by the
City at large, and the expense thereof may be included in the budget
and raised by tax the same as other general City charges.
E.
In the case the relaying of old or the laying of new curb or the
widening of the carriageway of a street necessitates the removal and
replacement of concrete walks or driveways, the expense of such removal
and replacement of walks or driveways, provided that such walks are
in a good state of preservation and were constructed according to
standard City specifications, shall be borne by the City at large,
and the expense thereof may be included in the budget and raised by
tax as other general City charges. (L. 1907, Ch. 756, § 43;
L. 1931, Ch. 411, § 1; L. 1943, Ch. 710, § 913)
The City Council may by ordinance, without petition therefor
from the owners of property affected and after a public hearing held
as for a public hearing for street improvements, provide for the laying
of both sanitary and storm sewers in the public streets and places
and in sewer rights-of-way. (L. 1907, Ch. 756, § 44; L.
1931, Ch. 411, § 1)
Upon the adoption of a construction ordinance for any purpose
specified in this article, unless said ordinance shall require the
work to be done by the owners or occupants of the adjoining lots,
the work shall be done under the supervision of the Commissioner of
Public Works, and contracts therefor shall be let by the Board of
Contract and Supply, unless the cost and expense of the work shall
be less than $500, in which case said Board may authorize the work
to be done through the employment of labor and the purchase of materials
in the open market without competitive bidding. (L. 1907, Ch. 756,
§ 45; L. 1931, Ch. 411, § 1)
A.
The Council of the City of Schenectady may, by ordinance authorizing
and directing any improvement to be made, provide that the assessments
thereof shall become payable in equal annual installments over a period
not exceeding 10 years except as follows:
(1)
When the improvement is the construction or addition to a sewer system
(either sanitary or surface drainage or both), whether or not including
purification or disposal plants or buildings, land or rights in land,
apparatus, over a period not exceeding 40 years.
(2)
Where the improvement is the replacement of such equipment, machinery
or apparatus of the sewer system, over a period not exceeding 30 years.
B.
The first payment shall be due and payable not later than the first
date when the City taxes are due and payable following the confirmation
of the assessment. There shall be due and payable on each installment,
as a part thereof, interest at a rate of 5%, per annum upon the entire
amount of such assessment remaining unpaid, but the owner of any piece
or parcel of land may at any time pay to the City Treasurer deferred
installments or the entire amount of the unpaid assessment with accrued
interest to date of payment and there upon shall be discharged of
and from such assessment. In case any installment of such assessment,
together with the interest due and accrued thereon, shall not be paid
when it shall become due and payable, as above provided, the Council
of the City of Schenectady may direct its collection in the manner
herein provided. In case of a sale of the land assessed, it shall
be sold subject to the lien of all portions of such assessment which
shall be subsequently payable and all other City assessments then
a lien thereon. (L. 1907, Ch. 756, § 46; L. 1931, Ch. 411,
§ 1; L.L. No. 3-1933, § 1; 8-23-1971 by L.L. No.
8-1971, § 1)
A.
Upon the completion of any work or improvement for which an assessment
or assessments upon property or properties intended to be benefited
thereby is provided for in an ordinance adopted by the City Council
authorizing and directing said work or improvement, the City Engineer
shall certify, from his records, to the Board of Assessors the total
amount to be assessed, itemized to the extent which may be necessary
to give the cost and expense of the work, labor services performed
and all materials furnished, with the incidental cost and expenses
attending the same.
B.
Such property maps with information thereon as may be necessary or
required for apportioning and assessing the aforesaid costs and expense
shall be furnished to the Department of Assessment and Taxation by
the City Engineer.
C.
It shall be the duty of the Board of Assessors to apportion and assess
all the expenses for work, labor and services performed and all materials
furnished with the incidental costs and expenses attending the same
for any of the work and improvements authorized by the City Council,
except when the same are made by ordinance or law a City charge, among
all the houses and lots, vacant lots and franchises intended to be
benefited by such work and improvements, in proportion to the advantage
which each shall be deemed to acquire, specifying the names of the
owners or occupants, if known, or as they appear upon the tax rolls
in the office of the Department of Assessment and Taxation, of the
houses and lots or vacant lots and franchises intended to be benefited.
D.
When the Board of Assessors shall have completed said apportionment
and assessment, it shall cause a notice of the same to be published
in the official newspaper of the City of Schenectady for five days,
during which time said apportionment and assessment shall be open
for inspection and examination by any person or persons interested;
and on the application, in writing, of any person considering himself
aggrieved, which application must be made within five days after the
last publication of said notice, and which application shall contain
the post office address of such objector, the Clerk of said Board
of Assessors shall cause a notice to be given to the parties so objecting
by serving such notice upon such objector personally or by mailing
the same to the address stated in such written application, which
notice shall state the time and place of a hearing to be held in the
matter. After such hearing and consideration of the objections presented,
the Board may review and correct such apportionment and assessment;
and when said Board shall have confirmed the same, which confirmation
must be had at a regular meeting of the Board, as hereinbefore fixed,
an abstract of the apportionment and assessment, so approved and confirmed,
shall be filed with the City Treasurer and shall be binding and conclusive
upon the owner or owners, occupant or occupants of the houses and
lots, vacant lots and franchises mentioned and referred to in said
apportionment; and said apportionment shall be and remain a lien upon
the house and lots, vacant lots and franchises mentioned therein from
the time of such confirmation until the said apportionment and assessment
shall be paid or satisfied; provided, however, that if the assessment
or apportionment is changed upon any hearing had hereunder, it shall
not be confirmed until five days' notice shall have been given by
publication, as above provided for, that the assessment and apportionment
as changed will be open to inspection, under which notice the same
proceedings shall be had as under the first notice above-mentioned.
(L. 1907, Ch. 756, § 47; L. 1931, Ch. 411, § 1)
Should there occur an error in the amount apportioned, description
of the lot or name of the owner or occupant, said Board is authorized,
on giving, through the mail, five days' notice of such intended correction,
addressed to the party interested, if he be a resident of the City,
and be known, or to the agent, if known, or any nonresident, to make
the required correction; and the apportionment and assessment thus
corrected shall be collected in like manner in all respects as the
original apportionment and assessment. (L. 1907, Ch. 756, § 48;
L. 1931, Ch. 411, § 1)
Upon the filing by the Board of Assessors with the City Treasurer
of the apportionment and assessment, as approved and confirmed by
said Board, it shall be the duty of the City Treasurer to publish
a notice in the official newspaper once a week for four successive
weeks that said report of apportionment and assessment has been filed
with him and requiring all persons owning lands upon which any assessment
is made therein to pay the City Treasurer the amount assessed upon
said lands, within a time to be stated in said notice, which time
shall not be less than four nor more than six weeks from the first
publication thereof. (L. 1907, Ch. 756, § 49; L. 1931, Ch.
411, § 1)
In case the assessment upon any lot or parcel of land contained
in said apportionment and assessment shall remain unpaid for a period
of six months from the due date thereof, as aforesaid, the collection
of such unpaid assessments, including those of the Downtown Parking
Lot Assessment District, shall be enforced by sale of liens on the
lands so assessed, as hereinafter provided in this section. The Director
of Finance shall cause a notice to be published once in each of the
official newspapers of the City of Schenectady, requiring the owner
of any lot or parcel of land so assessed to pay the Director of Finance
the amount of said assessment with interest thereon from the expiration
of the time originally limited for the payment thereof, as aforesaid,
at the rate of 1% per month for special assessments and of 1 1/2%
per month for Downtown Special Assessment District. Within a time
to be stated in such notice, which shall be not less than four nor
more than eight weeks from the publication thereof, and that if default
be made in such payment, the liens on each of such lots or parcels
will be sold at auction, at the front door of the City Hall in the
City of Schenectady, at a time therein to be specified. If the owner
or owners of any of the lot or lots shall refuse or neglect to pay
such assessments thereon, with interest, costs and charges for the
publication of said notices as aforesaid, before the time of sale,
mentioned in such notice, the Director of Finance, at the time and
place stated for such sale, or to which said sale may by him be adjourned,
shall sell the liens on such lots at auction. The Corporation Counsel
shall attend such sale and purchase, in the name of the City, all
liens on the lots or parcels of land so offered for sale. The City
shall be the sole bidder allowed at such sales. The owner or owners
of any lot or parcel of land so sold and all persons interested therein
may, at any time within one year from such sale, redeem said real
estate by paying to said Director of Finance the sum bid for the same,
with 12% interest thereon from the time of sale, or may redeem any
part thereof, which shall be assessed separately, by paying a like
proportional part of the charges thereon. (L. 1907, Ch. 756, § 50;
L. 1931, Ch. 411, § 1; L.L. No. 4-1936, § 1; 5-27-1980
by L.L. 4-1980, § 4; 11-10-1980 by L.L. No. 6-1980, § 1)[1]
[1]
Editor's Note: Former Sec. 51, which immediately followed
this section and which provided for the sale by the City of land bid
for unpaid taxes and assessments, was repealed 5-27-1980 by L.L. No.
4-1980.
Whenever it shall be determined by the judgment of a court of
competent jurisdiction that any assessment authorized by this article
is illegal or void for want of jurisdiction, or for any other cause,
the City Council may pass an ordinance designating the work so made
or done, the whole expense thereof, and the part or portion of the
City deemed to be benefited thereby, or equitably chargeable with
the costs and expense thereof, and may assess the several lots or
parcels of land in the territory so designated in said ordinance,
according to the benefits received in the proportion in which they
are equitably chargeable therefor; and the same proceedings shall
be had for the enforcement and collection of such assessment, as in
case of other assessments which are properly made in the first instance.
In case of a reassessment under the provisions of this section, the
City Council shall cause a notice to be published in the official
newspaper for at least five days that it has made such reassessment
and that it will meet, at a time and place to be stated therein, to
review the same and that all persons interested therein, who shall
then appear and desire to be heard, will be heard in relation thereto.
At the time and place so stated, or at such other time to which the
matter may be adjourned by a majority of all the members of the City
Council, then and there appearing, the City Council, after hearing
all persons interested who may desire to be heard, shall review and
confirm or modify the reassessment so made by it. The said assessment,
so confirmed or modified, shall be entered at length in the minutes
of the City Council, and an abstract of said assessment, so confirmed
or modified, shall be filed with the City Treasurer and shall be final
and conclusive. Whenever any money shall have been paid upon an assessment
and a reassessment shall have been made, in pursuance of this section,
the amount so paid shall be credited on such reassessment to the property
for and on account of which such payment was made, and in case of
any alteration in the respective amounts of the original assessment
by such reassessment, whereby the amount so paid shall exceed the
amount reassessed on the same property, the surplus shall be paid
by the City to the person who paid the same, or to his legal representatives
or assigns, and in case the amount so paid shall be insufficient to
pay the amount so reassessed, the deficiency only shall be collected
under such reassessment, in the same manner as other assessments.
(L. 1907, Ch. 756, § 52; L. 1931, Ch. 411, § 1)
A.
Subsequent to the execution of a contract for any public improvement,
including sewers, in the City of Schenectady, except as otherwise
in this article provided, the aggregate amount to be paid under the
terms of which does not exceed the sum of $3,000 and the cost and
expense of which is to be assessed in whole or in part upon the property
benefited, upon the presentation to the Director of Finance of a properly
verified claim setting forth an estimate and computation of work performed
under the provisions of such contract duly certified by the City Engineer,
the Director of Finance shall draw his warrant payable to the order
of the contractor, to the amount of 85% of the contract price of the
work actually done and performed as shown by said estimate and computation
and not theretofore paid, and the Director of Finance shall pay the
same out of any funds in his hands in advance and in anticipation
of the levy of the assessments for such improvement.
B.
In case the aggregate amount to be paid under the terms of the contract
exceeds the sum of $3,000, money may be borrowed upon the faith and
credit of the City when authorized by the Board of Estimate and Apportionment,
to the extent required to pay such estimate and computation, of the
cost or any part of the cost of any such improvement, or to repay
any money borrowed hereunder with interest thereon.
C.
Temporary loan notes or certificates of indebtedness may be issued
as security for such borrowed moneys, such notes or certificates to
be signed in the name of the City by its Mayor and Treasurer and countersigned
by the Comptroller and to have the Corporate Seal impressed thereon.
They may be sold either at public or private sale, at the option of
the Comptroller, but at not less than par. The Comptroller shall determine
the date of issue and maturity.
D.
The proceeds of the sale of such temporary loan notes or certificates
of indebtedness shall be deposited with the Treasurer and shall be
used only in payment of such estimate and computation as aforesaid.
The principal and interest thereof shall be paid from out of moneys
collected on assessments levied for the improvement or from the proceeds
of the sale of street improvement bonds or notes or sewer improvement
bonds or notes as hereinafter provided.
E.
In case the assessment for any public improvement, including sewers,
shall be made payable in installments, as in this article provided,
the City Council shall cause to be executed the bonds or promissory
notes of the City, which shall be signed by the Mayor and the Treasurer
and countersigned by the Comptroller and shall be known as "street
improvement bonds or notes" or "sewer improvement bonds or notes,"
as the case may be, in such principal sums as shall be deemed expedient.
F.
Such bonds or notes shall bear interest at a rate not exceeding 5%
per annum, payable annually or semiannually, as the City Council shall
determine. The Comptroller shall sell such bonds or notes in the manner
provided by § 61 of the Second Class Cities Law. The proceeds
of the sale of such bonds or notes shall be used for no other purpose
than to defray the cost and expense of the improvement for which said
assessment shall be made, including any temporary loans with interest
thereon made under the authority hereof.
G.
The principal and interest of such bonds or notes shall be paid by
the Treasurer as they respectively become due out of the amount collected
on the assessment on account of which they were made. Should there
not be sufficient money in the hands of the Treasurer collected upon
such assessment to pay the amount due on any such bond or note when
it becomes due, the comptroller shall borrow upon the note or notes
of the City the amount that is required to pay such deficiency, which
notes with interest thereon shall be paid out of the moneys finally
collected on such assessment, and if, at the end of six months after
the last installment of such assessment becomes due and payable, any
of such City notes given to raise money to pay a deficiency in the
amount collected upon such assessment, as above provided, shall remain
unpaid, the surplus of the amount due thereon for principal and interest
over the moneys in possession of the City Treasurer collected upon
such assessment shall be included in the annual tax budget and raised
by tax in the manner provided by law. (L. 1907, Ch. 756, § 53;
L. 1931, Ch. 411, § 1; L. 1943, Ch. 710, § 914;
L. 1945, Ch. 839, § 63)
After any assessment or reassessment for street or other improvements
has been duly made and confirmed, the owner or owners of any piece
or parcel of land affected or covered by any such assessment who shall
desire to subdivide said land, or the owner or owners of any such
subdivided part or portion, may have the assessment or the portion
or total amount of the installments thereof still due and which is
a lien thereon reapportioned or assessed upon such subdivided part
or portion in the manner hereinafter provided. But no reapportionment
shall be made under this and the following section unless the City
Engineer shall approve the map mentioned in the next section, said
map to be on the standard sized tracing, to the scale, in the form
and with the information required by said Engineer. (L. 1907, Ch.
756, § 54; L. 1931, Ch. 411, § 1)
The owner or owners of any such lands shall have a map or survey
made thereof, to be approved by the City Engineer, the original of
which map shall be filed and retained in the office of said Engineer,
and shall have a copy of said map filed in the office of the Treasurer
of the City of Schenectady and the Board of Assessors. And upon the
request of any such owner or owners, in writing, and upon the certificate
of said Engineer that the said map has been prepared and filed as
aforesaid, the Board of Assessors shall divide and reassess such portion
of the original amount assessed upon any larger lot and parcel of
land as yet remains due and still a lien upon such larger lot and
parcel of land, and reapportion and reassess the same upon such subdivided
parts or portions in the same manner in which the original assessment
was made, together with the proportionate amount of legal interest
and costs that have accrued on the original sum assessed since the
same became due and payable, and when such reassessments have been
confirmed by said Board of Assessors, such amounts as may be so reapportioned,
together with the proportion of the interest and costs hereinbefore
provided, shall be received by the City Treasurer of said City in
payment for and operate as a release of the lien created by the original
assessment so far as such lien may apply to such smaller or subdivision
lot. No such reassessment shall be made, after any such land shall
have been advertised for sale or sold by the City Treasurer of said
City, upon the failure of any owner or owners to pay the apportionment
or assessment or any installment or installments thereof which have
heretofore become due and payable. (L. 1907, Ch. 756, § 55;
L. 1931, Ch. 411, § 1)
Whenever a portion only of any lots or parcels of land is necessary
to be acquired for the actual construction in the laying out, widening,
extending or relocating of parks, public places, highways or streets
and the City Council shall deem it necessary for the public interests
to acquire so much of the remaining portions of said lots or parcels
of land as shall not exceed in depth what is sufficient for suitable
building sites abutting on said parks, public places, highways or
streets, the City shall have power to acquire by gift, purchase or
by condemnation such portions of said lots or parcels of land as are
actually required in the said construction, and, in addition thereto,
so much of the remaining portions of said lots or parcels of land
as are sufficient for said suitable building lots and, in its discretion,
may authorize the selling or leasing of said remaining portions after
acquisition of the same, subject to any restrictions deemed necessary
for the public benefit; provided, however, that any ordinance authorizing
the acquisition of any such excess property shall be approved by the
Board of Estimate and Apportionment. (L. 1907, Ch. 756, § 56;
L. 1931, Ch. 411, § 1)[1]
[1]
Editor's Note: Former Secs. 57 through 118 were repealed by
Laws of 1931, Chapter 411, § 1.
