ment of

for such improvements, after making due allowance for any benefit such owner, owners or occupants may derive from such improvement. They shall also assess and apportion the whole amount of Assessdamages, together with all costs and expenses of such improve- property ment (except such portion thereof, if any, as the common council benefited. shall have determined ought to be borne by the city) upon the real estate benefited thereby, as described in the report of the officer or officers mentioned in section one of this article, as nearly as may be in proportion to the benefits each shall be deemed to receive from said improvement.

commis

§ 9. The said commissioners shall, with all convenient speed, Report of and within sixty days after their appointment, unless the common sioners; council shall, by ordinance, extend the time, and then, within the contents. time so extended, make their report, signed by them, or a majority of them, to the common council of said city, in which they shall describe, with all practicable certainty, the several pieces and parcels of land or premises to be taken for such improvement; the name and residence of the owners or occupants thereof, respectively, if known; the rights of such owners or occupants so far as can be ascertained, and the amount of damages which should be paid to each of said owners or occupants. They shall also annex to their report, as a part thereof, an assessment in the form of an assessment list, in which they shall specify and set down in separate columns an accurate description of each parcel of real estate assessed; the name of the owner or occupant, if known; the amount assessed upon each parcel, and the amount to be collected upon each. If there be any building on any land taken for such improvement, the value thereof to remove shall be ascertained by the commissioners, and stated in their report, and the owner thereof may remove the same in ten days, or such other time as the common council shall allow, after the confirmation of the report of the commissioners; if he shall so remove it, the value thereof so ascertained shall be deducted from the damages awarded to him; if it be not so removed the common council may direct the same to be sold at private sale; or at public sale after ten days' notice in the official newspapers, to the highest bidder. The amount realized for such building in either case, shall be deducted from the assessment made under this section, pro rata among the several parcels of real estate assessed. The assessment list shall be made to resemble in form, as nearly as practicable, the tax lists and be provided with a column in which payments can be entered by the treasurer. They shall also return the minutes of the proceedings and evidence, if any be taken by them, to the common council, at the time of making their report, and their report together with the minutes, shall be filed in the office of the city clerk. They shall Compenbe entitled to the sum of three dollars, as compensation, for commiseach day actually and necessarily spent by them in discharging stoners. their duties as such commissioners.

sation

§ 10. On the coming in of said report, the common council Confirmashall cause to be published in the official newspapers for three setting

tion or

of

aside of report; objections; hearing.

Reference

new

to commissioners.

Appeal to

court; pro

cedure.

alternate days, that at a time fixed and stated in said notice and which shall be not less than six days after the date of first publication of said notice, it will act upon the same, and during which time the report will be left at the office of the city clerk, where all persons interested may examine the same; and that, unless objections are made and filed by some person interested, said report will be confirmed. Prior to such day, any person interested objecting to the matters contained in the report, shall file with the clerk his objections in writing. If no such objections are so made as aforesaid, the common council may confirm the said report; and if objections are made as aforesaid, any person interested may be heard before the common council on the day specified in the notice, or on such other day or days as the common council shall appoint, before action is had thereupon. The common council may then confirm said report, and authorize and direct the appropriation of the real estate and the making of the improvement, or set the same aside, and refer the same back to the same commissioners or to new commissioners to be appointed as herein mentioned. If the reference be to new commissioners, they shall be appointed in the manner herein before provided for the appointment of the first commissioners, except that the notice required to be published need only state the time and place at which they will be appointed, and the purpose for, and the improvement with reference to which they will be appointed; and excepting that no notices of such application need be served, but the publication of such notice shall be sufficient service. The commissioners shall proceed in all things in the making and return of the second report as though it were the first report. The second report shall be final and conclusive, without further confirmation, subject, nevertheless, to the right of any of the parties interested, to appeal to the supreme court, as herein provided.

§ 11. Any person interested therein may, within twenty days. supreme after the confirmation by the common council of the first report of the commissioners, or after filing the second report, appeal from the common council to the supreme court. The only grounds of appeal shall be a want of the conformity of the proceedings to the provisions of this act; the propriety or utility of the improvement, or the equity of the award for damages, or of the assessment, shall not be questioned on such appeal. The appeal shall be made by producing to some judge of the supreme court, or the county judge of Oneida county, an affidavit showing the irregularity complained of, and a bond to the city in the penalty of two hundred and fifty dollars, executed by two freeholders of the city, conditioned for the payment, if an appeal should be allowed, of all costs that may be awarded by the court against the appellant, in ten days after the decision of the appeal, and by procuring the approval of the judge of the bond and his allowance of the appeal, to be endorsed by him on the bond and affidavit respectively, and filing the affidavit and allowance, and the bond and approval, with the county clerk, and serving a copy thereof on, and delivering the same to, the mayor and city clerk of the city. Such appeal

shall operate as a stay of proceedings until the decision of the courts. The common council shall return, under the city seal, copies of all the proceedings in the matter, and file the same with the county clerk within thirty days after service of the notice of appeal. The papers used on such appeal shall be the affidavit and allowance, and the bond and approval, and the return herein required, together with such other papers as the appellant shall serve on the mayor or city clerk, ten days before the next term of the court at which such appeal shall be heard, and whatever papers the city may desire to use on the hearing of such appeal in answer thereto. No notice of the time and place shall be necessary. The court shall, at the first special term after such appeal, or at such other special term as may be agreed upon, or as the court shall direct, summarily hear and decide the appeal, and award costs to the successful party. If the appellant shall fail to bring such appeal to a hearing at such special term the appeal shall be dismissed with costs, the decision of the court shall be final and con- Decision clusive, and judgment may be entered with costs upon such dis- of court missal, or on the decision of the court, and execution issue thereon.

final.

§ 12. Upon the confirmation of the first report of the commis- Assesssioners or upon the filing of the second report, two copies of the ment lists. assessment list annexed thereto shall be made and signed by the mayor and city clerk, one of which shall be filed in the office of the comptroller and the other delivered to the city treasurer. The report of the commissioners together with the assessment list annexed thereto shall be kept on file in the office of the city clerk.

ment.

§ 13. The assessment filed with the city clerk and delivered to Lien of the city treasurer shall, in all courts and places, be evidence of assess the assessment therein specified, and all sums of money assessed therein, upon or in respect to any real estate, shall be liens thereon for ten years from the time the assessment lists are filed with the city clerk.

§ 14. Upon receiving the assessment lists, the city treasurer collection. shall cause to be published in the official newspapers, a notice similar to the one required upon receiving the tax lists, and the treasurer shall proceed thereon to collect the moneys upon the same in the same manner as upon a tax list, and at the expiration of one month during which he shall receive payments thereon, he shall deliver it to the delinquent tax clerk; and such delinquent tax clerk shall proceed thereon to collect the money due thereon in the same manner that he is required to collect taxes upon the tax lists, and to make return in like manner; and all the provisions of this act relative to the collection of city taxes, shall apply to such assessment.

borne by

§ 15. In case the common council shall determine that any portion of portion of the expense of such improvement shall be borne by expense the city, the same shall be a charge upon the city treasury, and city. shall be paid from the current revenues of the city or from funds provided by the issuance of bonds as may be determined by the common council with the approval of the board of estimate and apportionment.

ARTICLE VII.

PUBLIC IMPROVEMENTS.

§ 1. Authority to cause public improvements. The common council shall have power by ordinance to cause the grading, macadamizing, paving, repaving, surfacing or resurfacing, and the construction of curbs, gutters, crosswalks, sidewalks, drains, sewers and service sewers for public and private property, and any work in connection with each of such improvements which is necessary and incidental thereto, in any street, lane, alley, or public place; and to cause such other public improvement as it shall deem necessary within the city of Utica and outside of the limits of such city, when consent in writing to such improvement has been obtained from the governing body of the town or village in which such proposed improvement is to be located.

§ 2. Adoption of specifications for street improvement. The common council shall, by ordinance, prescribe, approve and adopt specifications fixing the standard of excellence and test required. for each material to be used in and for the construction of pavement, repavement, surfacing, resurfacing, pavement repair, curbs, gutters, crosswalks and sidewalks, in the streets, lanes, alleys and public places of the city. Such specifications for the materials to be used and for the performance of the work involved in such improvements shall be prepared by the city engineer.

§ 3. Notice of intention and hearing. Prior to the adoption of an ordinance for the grading, paving, surfacing, or for the construction of curbs or gutters, at least eight days' notice of intention to adopt such ordinance shall be published by the common council, specifying the time and place of hearing, and at such hearing the property owners affected may attend and be heard.

§ 4. Hearing not required. Whenever the city engineer shall certify to the common council that more than one-third of the paved area of any street, lane, alley or public place is in a condition requiring repairs, the common council may direct the repair of the same. Such repairs shall be deemed a repaving or resurfacing within the provisions of this section and the provisions of this section relative to repaving and resurfacing shall be applicable to such repairs. This shall not be construed as requiring ordinary repairs to a street, lane, alley or public place to be paid only from the repair fund.

§ 5. Plans and specifications. After the adoption of an ordinance for such public improvements, the city engineer shall cause plans and specifications of the work proposed to be constructed to be prepared and filed with the secretary of the board of contract and supply. Such plans and specifications shall set forth with sufficient detail to inform all persons proposing to bid therefor the nature of the materials to be supplied and the work to be done.

§ 6. Rights of board limited. No contract shall be let which involves a total expense of over five hundred dollars, without

the consent of the common council as provided by law, nor for which a local assessment is to be levied, for any part of the total expense, except after the receipt of sealed bids for proposals therefor. In case the whole expense of the improvement, in the opinion of the board of contract and supply, will not exceed the sum of five hundred dollars, public notice thereof need not be given, but such improvements may be performed under the direction of such board.

§ 7. Advertisement for proposals. Upon the filing of plans and specifications, the board of contract and supply shall cause to be published in the official newspaper, for three alternate days, a notice of the filing of said plans and specifications for which a contract will be let, inviting sealed bids or proposals for the construction of such improvement, specifying the day, hour and place of the meeting of the board at which sealed bids or proposals therefor will be opened, and that sealed proposals for constructing the work, accompanied by the required deposit will be received by the board of contract and supply, and that security for the faithful performance of the contract will be required.

§ 8. Deposit for plans. Written or printed copies of the plans and specifications shall be delivered to all applicants therefor, but the board may require a deposit, equal in amount from all persons proposing to bid for each particular improvement, to guarantee the return of such plans and specifications. The amount of his deposit shall be refunded to each applicant who returns such plans and specifications, and to the successful bidder.

§ 9. Signature and endorsement of proposals. No bids or proposals shall be received at any time other than at a regular meeting of said board, and unless they conform to the rules of the board and the general ordinances of the common council. All sealed bids or proposals must contain the signature and address of the bidder, and must be endorsed upon the outside thereof with the title of the work or materials to which they relate.

§ 10. Deposit with proposals; security. The board of contract and supply may in its discretion require, as conditions precedent to the reception or consideration of any bid or proposal in respect to which it has authority to award a contract, the deposit of a certified check upon a state or national bank, drawn to the order of the secretary of such board, or of money, in an amount not exceeding ten per centum of the amount specified in the bid or proposal. In case of rejection by the board of any or all bids, such deposit shall be returned to the bidders whose bids have been rejected, otherwise such deposit shall be returned after execution of the contract and approval of the security required, but if the bidder whose bid has been accepted shall refuse or neglect to execute the contract within ten days after due notice that the same has been awarded, and to give the security required for the performance thereof, the amount of the deposit so made by him at the election of the said board shall be forfeited to and