CITY OF FULTON

LOCAL LAW No. 1

A local law relating to public hearing on local laws. Became a law December 11, 1927, with the approval of the Mayor. Passed by the local legislative body of the city of Fulton.

Be it enacted by the common council of the city of Fulton as follows: Public hearing on local laws shall be upon five (5) days' notice thereof, posted in three public places in the city of Fulton, or publication for one week in the official newspaper of the city.

LOCAL LAW No. 2

A local law, entitled "An act to amend section forty-five of the charter of the city of Fulton, New York, being section forty-five of chapter sixty-three of the laws of nineteen hundred and two, as amended, in relation to the transfer of funds of said city."

Became a law December 6, 1927, with the approval of the Mayor. Passed by the local legislative body of the city of Fulton.

Be it enacted by the common council of the city of Fulton as follows:

Section forty-five of the charter of the city of Fulton, New York, being section forty-five of chapter sixty-three of the laws of nineteen hundred and two as amended, is hereby amended so as to read as follows:

§ 45. Funds not to be transferred. Penalty. No fund or portion of a fund provided for by this act shall be transferred to any other fund or used for any other purpose whatsoever, except the purpose for which the same is provided, except however, the commissioner of public works may, whenever the earnings of the water department exceed the sums necessary to provide for a sinking fund to meet the principal and interest of the water bonds, and pay the current expenses of the water department, transfer any surplus remaining to the improvement fund to be used in payment of the principal and interest of bonds issued or liabilities incurred for the city's share of pavements or sidewalks; except that when there is a surplus in the general city fund for more than sufficient for the purposes specified in subdivision nine (9) of section forty-four (44) of this act for the fiscal year, each surplus or a portion thereof may be transferred by the common council to any other fund; and except that the surplus or estimated surplus of any fund, raised for a special purpose remaining to the credit of such special fund after such purpose has been accomplished may, by resolution of the common council, be transferred to the general city fund or the improvement fund.

Any

officer or member of a board of the city violating the provisions of this section shall forfeit a penalty of one hundred dollars, to be sued for and recovered by and for the benefit of the city, and in addition thereto shall be guilty of a misdemeanor.

This local law shall take effect immediately.

LOCAL LAW No. 3

A local law, entitled "An act to amend the charter of the city of Fulton in relation to alterations, changes, extensions and improvements in the water supply system in streets, about to be paved or improved; and in relation to the payment of cost of resurfacing and oiling and widening exisiting pavement in streets or sections of streets in the city of Fulton." Became a law December 23, 1927, with the approval of the Mayor. Passed by the local legislative body of the city of Fulton.

Be it enacted by the common council of the city of Fulton as follows:

Section 1. Section sixty-five of chapter sixty-three of the laws of nineteen hundred and two, entitled "An act to incorporate the city of Fulton," as amended by chapter five hundred and fiftytwo of the laws of nineteen hundred and nineteen, is hereby amended to read as follows:

§ 65. Paving. If the commissioner of public works shall decide on his own motion, approved by the common council, that any street or section of a street ought to be paved, repaved or macadamized or that any street or section of a street ought to be graded, or if the owners of more than one-half of the real estate fronting thereupon, exclusive of any portion thereof owned by the city, shall petition such commissioner therefor, he shall publish for at least two weeks a notice in one or more of the newspapers of the city, that at a time and place to be therein specified, he will meet to make a final determination in respect thereto. Such notice shall contain a brief description of the character, location and extent of the improvement, and of the material to be used therein, and the estimated expense thereof. Any person interested shall be entitled to be heard at such meeting in opposition to such improvement. If before such meeting a protest against the improvement in writing signed by the owners of two-thirds of the frontage upon such streets or section of street, and acknowledged as deeds of real estate are required to be acknowledged, be filed with the said commissioner, he shall not order the proposed improvement, nor shall he again consider the same within one year; but the owners of a majority of the frontage of a smaller section of the same street, not less than one block, may file with said commissioner a petition therefor, and in that case said commissioner may order the improvement as therein requested; provided, however, that no protest shall prevent such proposed improvement where the estimated cost thereof to the abutting owners shall be less than seventy-five cents per front foot on each side of such

street or section of a street. If the commissioner shall finally determine to make the improvement, he shall notify the owners of the property to be affected thereby, and said owners may, by a writing signed by a majority thereof and filed with the commissioner of public works, designate two of their number to act with such commissioner in the matter of such improvement, and such persons so appointed shall, for that purpose only, together with the commissioner, constitute a board and shall have all the powers, in respect to such improvement only, as are by this act conferred upon said commissioner of public works. The commissioner of public works so constituted shall record an order for such improvement in his records, shall ascertain the whole cost thereof, and shall apportion the same upon all the real estate fronting upon said street or section of a street then to be improved, in proportion to the benefit to the respective lots and parcels thereof, first deducting the share thereof hereby imposed upon the city, and the share of any portion thereof which any street or other railway company may be liable to pay. The word pavement as herein used is intended to include curbs, gutters, and drains or storm sewers. The commissioner of public works 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 the sum in which each lot and parcel is benefited by the improvement, to the common council, and shall cause the share of the cost of such improvement for which the city is liable to be paid out of the improvement fund, and if there be not sufficient money in said fund for that purpose, and to meet the necessary street expenses until taxes for the next year are paid in, shall report the deficiency to the common council, which shall borrow the necessary amount, and pay it into the improvement fund, and include it in the next tax levy, and the amount so borrowed shall be repaid within one year from the proceeds of such tax. But the common council may, in its discretion, instead of including the amount so borrowed in the next tax levy, issue bonds for the amount so borrowed or any part thereof. The common council shall assess upon any railway company its share of the cost of said improvement which said share shall be the cost of that portion of the improvement between its tracks, the rails of its tracks, and two feet in width on each side of the rails outside its tracks, but shall not include the cost of curbs, gutters, or storm sewers or any part thereof. Its portion shall be assessed against any railway company in the same manner as other assessments for local improvements, and the amount so assessed shall be a first lien upon all the property and franchises of such railway company within the corporate limits of said city until fully paid. This section shall not only apply to streets or sections of streets repaved or repaired or to be repaved or repaired, but also to such streets or sections of streets that are newly paved or are about to be newly paved. The common council shall assess the residue of such expense upon all the real estate fronting upon said street or section of a street as hereinbefore provided, in proportion to the

benefit to said lots and parcels of real estate respectively, and shall designate, in such assessment the names of the owners of said real estate, and shall thereupon cause a notice to be published in one or more newspapers, printed in the city for two weeks, that such assessment has been made, and that the common council will meet at a time and place to be stated in said notice to hear any objections which may be made to such assessment, and in the meantime the said assessment may be examined by any person desiring to examine the same. At the time and place specified in such notice, the common council shall hear such objections as shall be made to the said assessment, and shall review the same and may adjourn such proceedings from time to time, and may alter and amend the said assessment in their discretion; and when it shall deem it to be correct, it shall confirm the same and the said assessment shall be forthwith collected in the same manner as other assessments are collected by the chamberlain as provided in this act, and the amount thereof shall be placed in the improvement fund, and shall be expended only for the purpose of defraying the expense of said improvement. If any real estate so assessed belongs to the city the amount of the assessment thereupon shall be paid out of the improvement fund, in the same manner as other expenses for local improvements are paid, and may be raised in like manner. The city shall pay the cost of paving the intersections and also the cost of the construction of all the bridges and extra work not properly a portion of the paving, repairing or macadamizing, but incurred in consequence thereof, in the same manner as the city's share of the entire cost is paid. In case any apportionment or assessment heretofore or hereafter made for a local improvement shall have been or shall be set aside by any court of this state having competent jurisdiction, or shall fail or shall have failed through an irregularity in making or confirming such apportionment or assessment, it shall be lawful for and be the duty of the common council forthwith to cause a new apportionment or assessment including the interest and expenses of the former apportionment or assessment to be levied and collected; and such new apportionment and assessment shall have the same force and effect as though no former apportionment or assessment had been made. The apportionment of the cost of paving, repairing or macadamizing of any street or section of a street may be made either before or after the work is completed, and the amount so apportioned and assessed shall be collected as hereinbefore provided. If the apportionment shall be made before the work is completed, the common council shall borrow whatever amount may be necessary to pay for the construction of the work during its progress, and the amount so borrowed shall be placed in the improvement fund, and shall be expended only in payment of such improvement. Any apportionment so made may be corrected, and as corrected shall be apportioned and assessed and confirmed upon the completion of the work in the manner hereinbefore provided, and shall have the same force and effect as though no former apportionment or assessment had been made. The pro

visions of this section so far as the same are applicable shall apply in the sprinkling and to the apportionment of the cost thereof, the assessment and collection of the same, of any street or section of a street, except that if a protest against sprinkling, in writing signed by the owners of more than one-half the frontage upon said street or section of a street, and acknowledged as deeds of real estate are required to be acknowledged, be filed with said commissioner, he shall not order the proposed sprinkling nor shall he again consider the same within one year; but the owners of a majority of the frontage of a smaller section of the same street, not less than one block, may file with said commissioner a request therefor, and in that case said board may order the sprinkling as therein requested; and except also that no part of the cost of any sprinkling shall be apportioned to nor borne by the city.

If it shall appear to the satisfaction of the commissioner of public works that the water supply system of the city, in or along any street or portion of a street which it shall be determined to pave or improve as provided by this section, should be altered, changed, extended or improved prior to or at the time of such paving or improvement, and by reason thereof, he shall file with the city clerk his certificate to that effect showing what changes, alterations, extensions and improvements in the water supply system will be necessary by reason of such pavement or improvement, and shall at the same time file an estimate of the cost of such proposed changes, alterations, extensions or improvements, and such cost shall be deemed to be and shall be a part of the cost of the paving or improvement of such street or section of street, and the common council may cause the amount of such estimated cost to be raised in the same manner as the cost of the paving or improvement of such street is hereinbefore provided to be raised. All provisions in this section contained in relation to the cost of paving or otherwise improving a street or section of a street, the apportionment and assessment of the cost thereof and the borrowing or otherwise raising of money therefor, shall apply to the cost of making such changes, alterations, extensions and improvements in the water supply system. The commissioner of public works shall keep a separate account of the actual cost of such changes, alterations, extensions and improvements in the water supply system, and shall file with the city chamberlain a detailed statement of the actual cost of such changes, alterations, extensions and improvements at the time of filing the final estimate of the paving or improvement of such street or section of street. The moneys raised for such changes, alterations, extensions and improvements in the water supply system shall be kept in a separate fund, and shall be expended only in payment of such changes, alterations, extensions and improvements in the water supply system, except that any unexpended balance in such fund may, by resolution of the common council, be placed in the improvement fund.

In case, however, any street or section of a street shall be resurfaced or oiled or the existing pavement in any street or section of street widened, the whole cost thereof shall be paid by the city