to resume and finish construction of its road and put it in operation, unless such failure is continued beyond such extended period of five years. § 2. This act shall take effect immediately. CHAPTER 435 AN ACT to amend chapter one hundred and sixty-two of the laws of nineteen hundred and ten, entitled " An act in relation to the municipal commission and the police, fire, sewer, water and light departments of the village of Herkimer, and repealing certain acts relating thereto," generally. Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 162, Section 1. Section twelve of chapter one hundred and sixty- L. 1910, two of the laws of nineteen hundred and ten, entitled An act in § 12 relation to the municipal commission and the police, fire, sewer, amended. water and light departments of the village of Herkimer, and repealing certain acts relating thereto," as last amended by chapter fifty-nine of the laws of nineteen hundred and twenty-two,1 is hereby amended to read as follows: statement. § 12. On or before the fifteenth day of April' in each year, said Annual municipal commission shall make out and file with the village clerk, a report, in writing, containing a statement of the following matters: 1. The amount of money on hand at the beginning of the preceding fiscal year, ending on the last day of February of each year,3 in each fund under its control, the receipts from all sources during such year and to which fund credited. 2. An itemized statement in detail of the amount paid out during said year, from which fund paid, and the balance on hand in each fund. 3. The outstanding indebtedness of the commission, and of the various departments under its control, either bonded or otherwise, separately stated. 4. The improvements and extensions made during said preceding year to, and the general condition of the water, light, sanitary sewer systems and works, and the fire and police departments. 5. A statement of the principal and interest which will become due during the current fiscal year, on water or light bonds or certificates of indebtedness theretofore issued by or on the part of the village.1 6.5 Such other facts as the commission deems important for the information of the village, together with such recommenda 1 Previously amended by L. 1917, ch. 250. 2 Formerly read: "Between the first and fourth days of March." 66 3 Words ending on the last day of February of each year," new. + Former subd. 6, which required an annual statement of amounts necessary for various departments and purposes for the next fiscal year, omitted. 5 Formerly subd. 7. § 12a added. Annual estimate next year. tions concerning the departments as the commissioners may deem proper. § 2. Such act is hereby amended by adding a new section, to be section twelve-a, to read as follows: § 12-a. Between the first and fourth days of March in each year, of amounts said municipal commission shall make out and file with the village needed for clerk a report in writing containing: an estimated statement of the amount necessary to defray the cost of the police department for the next fiscal year; of the amount necessary to defray the cost of the fire department for the next fiscal year; and of the amount necessary to defray the expenses of the sanitary sewer system and department during the next fiscal year, which amounts shall not exceed in the aggregate the sum of forty thousand dollars, in any one year; the estimated deficiency in the amount necessary to pay the principal and interest of the water bonds and the electric light bonds (which the said commission is legally obligated to retire, if any), or the expenses of the commission during the next fiscal year, other than those of the police, fire and sanitary sewer departments, after applying thereto the probable amount of light and water rents or other income to be received and any amount available from the sinking fund. 8 13 amended. Amounts estimated to be raised by tax and credited to various funds. 14 amended. Annual report as ments. 6 § 3. Section thirteen of such act as amended by chapter fiftynine of the laws of nineteen hundred and twenty-two, is hereby amended to read as follows: 7 § 13. The board of trustees of the village of Herkimer shall place the amounts so stated and estimated by said commission, not, however, exceeding in the aggregate the sum of fifty thousand dollars, in any one year, in the village budget and tax assessment as part of the ordinary expenses of said village, and raise the same by tax, and on the draft or order of said commission the treasurer of the village shall pay such sums and amounts so estimated and raised, over to said municipal commission, and the amount so estimated to defray the cost of the police department shall be placed, by said commission, in and to the credit of the police department fund, and the amount so estimated to defray the cost of the fire department shall be placed by said commission to the credit of the fire department fund, and the amount so estimated to defray the cost of the sanitary sewer system shall be placed by said commission in, and to the credit of, the sewer department fund, and the balance so estimated and raised, shall be placed by said commission in, and to the credit of, the general fund. § 4. Section fourteen of such act, is hereby amended to read as follows: § 14. On or before the fifteenth day of April in each year said to depart commission shall prepare and publish in pamphlet form a report for the preceding fiscal year ending on the last day of February of each year, showing the cost of maintenance, extensions, addi Previously amended by L. 1917, ch. 250. 7 Formerly" thirty-five thousand dollars." 8 Formerly "March first." 9 Words "for the preceding fiscal year ending on the last day of February of each year,' new. tions and expenses of each department under its control, and containing the report of the superintendent, and inventory of the property of each department, the rules and regulations, and rates of charges, of the light and water departments, and the sewer ordinances. § 5. Such act, is hereby amended by adding after section twenty, 20 a new section, to be section twenty-a, to read as follows: added. justice. § 20-a. The police justice of the village of Herkimer shall con- Salary of tinue to be paid by salary, and the amount of such salary shall be police fixed by said commission, and shall not be diminished during his term of office. But the commission may, when in its judgment it deems it reasonable and necessary, increase the salary of any police justice during the remainder of his term of office, such increase to apply to and be effective however, only so far as future services are concerned. § 6. Section twenty-three of such act is hereby amended to 23 read as follows: amended. § 23. The municipal commission1o of said village shall provide Accomand keep in order such police court room, police headquarters, modations station house, lock-ups, and other necessary accommodations as departshall be required for the use of the police department. § 7. This act shall take effect immediately. CHAPTER 436 AN ACT authorizing the Harlem Valley Electric Corporation to lay down, erect and maintain wires, pipes, conduits, ducts or other fixtures in, over or under lands of the state occupied by the Harlem Valley State Hospital. Became a law April 8, 1925, with the approval of the Governor. by a two-thirds vote. Passed The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Authority is hereby granted to the Harlem Valley Electric Corporation to lay down, erect and maintain wires, pipes, conduits, ducts or other fixtures in, over or under the lands of the state occupied by the Harlem Valley State Hospital, subject to such regulations and limitations as may be prescribed by the board of managers of the Harlem Valley State Hospital and the state hospital commission and all provisions of law relating to the supervision, operation and powers of electrical corporations. § 2. This act shall take effect immediately. 10 Words trustees." "municipal commission " substituted for words "board of ment. CHAPTER 437 AN ACT authorizing the board of trustees of the village of Haverstraw to increase the salary of the police justice of such village during his term of office. Became a law April 8, 1925, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: one Section 1. Notwithstanding the provisions of section hundred and eighty-four of the village law, the board of trustees of the village of Haverstraw may increase the salary of the police justice of such village to an amount not exceeding eighteen hundred and fifty dollars, and may make such increase applicable to the police justice then in office. § 2. This act shall take effect immediately. CHAPTER 438 AN ACT to amend chapter three hundred and seventy-seven of the laws of nineteen hundred and twenty-four, entitled "An act to authorize the town board of the town of Hempstead in Nassau county to improve the town park at Point Lookout," in relation to the parks to be improved and the expense thereof. Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one of chapter three hundred and seventyseven of the laws of nineteen hundred and twenty-four, entitled "An act to authorize the town board of the town of Hempstead in Nassau county to improve the town park at Point Lookout," is hereby amended to read as follows: 2 § 1. The town board of the town of Hempstead in the county of Nassau is hereby authorized to cause improvements to be made to the town parks in such town, at an expense of not exceeding fifty thousand dollars, and appropriate necessary moneys of the town therefor. If sufficient town funds be not available therefor the amount necessary to complete such improvements may be borrowed by the town board on the faith and credit of the town, on certificates of indebtedness falling due not more than two years from the date of issue, and bearing interest at the rate of six per centum per annum. Such moneys shall be expended under the direction of the town board and subject to its audit and approval. § 2. This act shall take effect immediately. 1 Word "parks" substituted for words "park at Point Lookout." 66 CHAPTER 439 AN ACT to amend chapter two hundred and sixty-six of the laws of eighteen hundred and ninety-three, entitled "An act to amend, revise and consolidate the acts relating to the village of Horseheads, in Chemung county, and to enlarge the powers of the corporation of said village," generally. Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 266, Section 1. Section thirty-three of chapter two hundred and L. 1893, sixty-six of the laws of eighteen hundred and ninety-three, 33 entitled "An act to amend and consolidate the acts relating to amended. the village of Horseheads, in Chemung county, and to enlarge the powers of the corporation of such village," as amended by chapter three hundred and sixty-six of the laws of nineteen hundred and eight, is hereby amended to read as follows: and re walks. may cause ment and § 33. The trustees shall have power to compel the owners or Making occupants of land or lots in front of or adjoining which a side- ring of walk is required by them to be made or repaired within any of sidethe streets, avenues or public places of said village to make such sidewalks or improvements as said board of trustees shall deem necessary in front of or adjoining said land or lots, to determine and prescribe the manner of doing the same, and the material to be used, the quality and kind of such materials, the width and grade they shall be constructed, and the time in which the same shall be completed, and in case the owner, owners or occupants Trustees of any such land or lots shall neglect or refuse to make and com- work to be plete the said walks or improvement within such reasonable time done. as shall be required by said board, said board of trustees may cause such walks or improvements to be made or completed in the manner directed, and the expense thereof may be assessed by Assesssaid board on such owner, owners or occupants so neglecting or collection refusing, and be collected by warrant issued by the president of and trustees in the same manner as taxes are by virtue of this act, and in case such tax or assessment shall not be paid or collected the trustees may cause such real estate or such portion thereof as may be necessary to be leased under the provisions of this act, or said trustees may cause the owner, owners, OC- Action for cupant or occupants to be prosecuted by an action at law for recovery. the amount of such expenses, tax or assessment and recovery may be had with costs of action, with fifteen per centum added to amount of recovery, provided, however, that if a tenant or lessee Recovery of such lands or lots shall be required to pay such expense he by shall be authorized to collect the same of the owner or owners or may deduct the amount of such expense, tax or assessment so paid from rents due or to become due, the owner or owners of such lands or lots and the amount so required to be paid shall be a legal offset by said tenant or lessee to any claim for rent expense. tenant. |