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Final determination.

Fiscal year. Annual statement of amount to be raised by each city.

Levy of amounts.

which said notice shall be mailed to the mayor, and the corporation counsel of each municipality at least ten days before the day of such hearing. It shall give such a hearing and the representatives of the governing body of a municipality and any taxpayer in the district may be heard for or in opposition to such apportionment. After such hearing the commission shall file in the office of the clerk of each such municipality its final determination, either affirming such original apportionment or modifying it and affirming it as modified.

§ 9. The fiscal year of the district shall be from July first to June thirtieth, inclusive. Annually, in the month of June, the commission shall file with the clerk and with the treasurer of each city in the district, a statement of the amount to be raised and paid to the commission, by each city in the district for the estimated expenditures of the commission under this act during such fiscal year, including construction cost, expenses other than for construction, and installments of the district debt, if any, and interest, to fall due in such year. The statement shall specify when the amount shall be paid each such municipality which shall, so far as practicable, be after the collection of taxes next to be levied in or for such municipality. The clerk of each city shall cause such statement to be presented to the legislative governing body, and board of estimate, if any, of the city, at its next meeting, and such board or body shall cause the amount chargeable to the city to be levied upon the taxable property in the

city by the first annual municipal tax levy next occurring. The Payment to amounts chargeable to any city, under this section, when collected,

shall be paid to the treasurer of the commission. In anticipation of the levy and collection of city taxes under this section, the commission may issue and sell certificates of indebtedness of the district, payable from moneys so to be collected by tax in such

cities. In determining the total amount to be raised for any fiscal enues and year under this section by the several municipalities, the commislegislative sion shall deduct from its estimate of total expenditures the prob

able amount of net revenues, if any, from its port facilities, and Þe deducted the amount of any appropriations by the legislature to be availamount to able in such year.

Prior to the first apportionment of construction cost to the how borne several municipalities, under this act, and the fixing of the decimal first appor- representing the proportion of benefit, the expenses of the com

mission, or so much thereof as may not be provided for by state appropriations, annually shall be borne by the several cities in the proportion that the assessed valuation of the taxable property in the district; and the necessary statement shall be filed with each city clerk, as provided in this section, and the provisions of this section, relative to levy and collection of a tax to pay such amount shall apply thereto.

§ 10. After estimates of the cost of any improvement or imauthorized. provements by the commission under this act shall have been made

and after the apportionment, or any revision of apportionment, covering any such improvement or improvements shall have be

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come final, as provided in this act, whereby the proportions to be
paid by the several municipalities shall have become fixed, the
commission may issue and sell bonds of the district, to provide
moneys for construction of such improvements, in an amount
not exceeding such estimated cost. Any judicial review of such
final apportionment by the commission, however, shall not delay
or prevent the issuance and sale of such bonds nor the commence-
ment of construction work. Such bonds shall show upon their Recitals
face that the payment thereof is secured by general tax in the
several municipalities in the Albany port district under the pro-
visions of this act, reciting the title and chapter number hereof,
and that the proceeds of such tax are thereby pledged for the pay-
ment of such bonds. Such bonds shall not be construed in any Not indebt
event as bonds or indebtedness of the state, and the state shall not
be obligated to pay the principal or interest, or either, nor shall of cities.
such bonds be considered obligations of cities and subject to the
provisions of section ten of article eight of the constitution of the
state of New York. Such bonds shall bear interest at the rate of Interest.
not exceeding six per centum per annum, payable semi-annually.
The debt and each portion of any such debt, from time to time so Payment
contracted, shall be paid in equal annual installments, the first ments.
of which shall be payable not more than one year, and the last
of which shall be payable not less than twenty-five nor more than
fifty years, after such debt or portion thereof shall have been con-
tracted. Such bonds shall be exempt from taxation except for Exemption
transfer and inheritance taxes. They shall be signed by the chair- taxation.
man of the commission, attested by its secretary and have the Execution.
seal of the district affixed thereto. The coupons shall bear the Coupons.
fac-simile signature of the treasurer of the commission. They shall Sale.
be sold at not less than par. The commission shall sell such bonds
to the highest bidder after advertisement for a period of twenty
consecutive days, Sundays and holidays excepted, in at least two
daily newspapers printed in the city of Albany. Advertisements

shall contain a provision to the effect that the commission, in its
discretion, may reject any or all bids made in pursuance of such
advertisement, and in the event of such rejection, the commission
is authorized to readvertise for bids in the form and manner above
described as many times as in its judgment may be necessary to
effect sale. Such bonds shall be lawful investments for trustees Lawful
and savings banks of the state.

The commission may issue temporary certificates of indebtedness certain to provide for any expenditures which, in its judgment, must necessarily be made before moneys are otherwise available therefor certificates under this act. Such certificates shall bear interest at the rate of not exceeding six per centum per annum, payable semi-annually, shall be payable in not more than two years from the date of issue and shall be exempt from taxation. They shall be sold for not less than par. They shall be paid from moneys provided as follows: How paid. wholly or partly by tax to be levied and collected in the several municipalities on the basis of the apportionment of benefits provided for in this act, if a valid apportionment under this act is in

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tures of over $1,000.

Members not to be

force; by proceeds of bond sales to the extent that the proceeds of such certificates are applied to construction work, but in such case, the part to be so applied shall be placed, immediately upon the sale of such certificates, in a separate fund, to be known as the construction fund. If for any reason moneys are not available for the redemption of such certificates and payment of interest, in the manner above provided, then the amount maturing in any fiscal year shall be raised by tax in the several cities of the district, in their general tax levy, and the amount to be raised in each shall be in such proportion to the whole amount as the assessed value of the taxable property in the town or city shall bear to the assessed value of such property in the district; and the commission shall certify to the taxing authorities in each city in the month of June, the

amount to be raised in the city, in and for such year. Expendi- § 11. No proposition of expenditure of money for the acquisition

of any real property, or interest therein or the purchase of machinery or equipment, or the work of construction of terminals, involv. ing an expenditure of one thousand dollars or upwards, shall be adopted without the consent of three members of such commission. All construction work and the purchase of machinery which would involve an expenditure of more than one thousand dollars shall be upon contract, let after advertisement and competitive bidding, and on plans and specifications on file in the office of the commission.

§ 12. No member of such commission shall be pecuniarily interpecuntarily ested, either directly or indirectly, in the doing or furnishing of

any work or material for the commission or any municipality, in carrying out such plan of port development.

§ 13. Any municipality within the district may set aside and property

devote any property owned by such municipality and which is ipality.

suitable for port facilities, to the uses and control of the port commission, provided, that the legislative body of such municipality shall, by a majority vote of all its members and, where there is a board of estimate and apportionment, by a vote also of a majority of all the members of such board, give consent to such use and control and prescribe the terms and conditions upon which the same shall be held.

§ 14. The title to any real estate, or interest therein acquired nance and for port facilities and to any improvements which may be made of certain thereon, situate in any municipality which has paid for the same, real estate. shall remain in such municipality; but such property shall be

maintained and operated subject to the rules and the control of the port commission, and shall be used for port purposes.

§ 15. The sum of five thousand dollars ($5,000), or so much priation.

thereof as may be necessary, is hereby appropriated from any moneys in the state treasury not otherwise appropriated, for paying the expenses in connection with the appointment and functioning of the commission, as provided in this act, until the moneys necessary for meeting the expenses thereafter incurred by such commission, may be assessed, levied and collected in the municipalities within the port district as hereinbefore provided; and such sum,


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or so much thereof as may be necessary, shall be paid by the state
treasurer on the warrant of the comptroller upon the order of the
chairman of the port commission.

§ 16. This act shall take effect immediately.

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ch. 30,

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AN ACT to amend the highway law, in relation to reduction of cost in

the award of contract for highway improvement.
Became a law March 25, 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 hundred and twenty-one of chapter L. 1909, thirty of the laws of nineteen hundred and nine, entitled “An act

121 relating to highways, constituting chapter twenty-five of the con- amended. solidated laws, as last amended by chapter four hundred and sixty of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

§ 121. Apportionment and source of funds. Construction of highways under this chapter shall proceed equitably among counties as far as practicable, using as a basis the ratio that the unbuilt mileage in each county bears to the total unbuilt mileage in the state, as herein provided. The funds necessary to provide for the construction or improvement of the highways designated in sections one hundred and twenty and one hundred and twenty-two of this chapter shall be derived from the proceeds of the sale of any bonds duly authorized for the construction or improvement of highways, from funds contributed by act of congress to the state of New York for the construction of rural post roads, from funds furnished by the counties, towns or other municipalities as provided by this chapter, or from funds derived from direct appropriations by the legislature.

The cost of any county highway or portion thereof, for which the state's share is derived from future bond issues or direct appropriations by the legislature, shall be apportioned as follows: Sixty-five per centum of such total cost shall be borne by the state and thirty-five per centum thereof by the county, except as provided in section one hundred and forty-one-a and excepting any county highway to be constructed with federal aid as provided in article six-a of this chapter. The obligation of the state for any improvement provided in this chapter, based on the engineer's estimate of the cost may be reduced upon the award of a contract therefor at an amount under which the cost to the state will be less than the original obligation.

§ 2. Section one hundred and sixty-three of such chapter, as ? 163 added by chapter four hundred and sixty-two of the laws of nine

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1 Previously amended by L. 1911, ch. 646; L. 1917, ch. 315; L. 1921, ch. 18. 2 Following sentence new.


teen hundred and seventeen and amended by chapter three hundred and seventy-one of the laws of nineteen hundred and twentytwo, is hereby amended to read as follows:

$ 163. Approval of plans of roads designated for federal aid. After the submission to and approval by the secretary of the United States department of agriculture, of such plans, specifications and estimates of cost, as required by the provisions of said act of congress, the same shall be approved by the commissioner of highways by executive order; which order shall give a consecutive number to the highway or portion thereof covered by said plans. A certified copy of such order shall be filed with said secretary of agriculture and with the state comptroller. Roads shall be taken up for construction or improvement in the order of final approval unless the commissioner of highways deems otherwise advisable, in which event an executive order shall be filed in the office of the highway department giving the reasons for deviating from such order, and a certified copy thereof filed with said secretary and with the state comptroller. Whenever a modified project agreement has been executed by the state highway commission involving a change in the estimate which determined the obligation set up to provide for such project, the obligation therefor shall be amended to correspond to the revised estimate.

§ 3. This act shall take effect immediately.

AN ACT to amend the military law, in relation to military camp grounds

and ranges.
Became a law March 27, 1925, with the approval of the Governor. Passed,

three-fifths being present.

831a added to 1. 1909, ch. 41.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter forty-one of the laws of nineteen hundred and nine, entitled “An act in relation to the militia, constituting chapter thirty-six of the consolidated laws,” is hereby amended by adding thereto, after section thirty-one, a new section, to be section thirty-one-a, to read as follows:

§ 31-a. All camp grounds and ranges owned or leased by the

state or by the United States for the use of the national guard and ranges, and all activities thereon shall be under the charge and control

of the senior general officer of the line in active service, notwith-
standing any other provision of this chapter, and he shall be
responsible to the governor for the proper expenditure of all
monies heretofore or hereafter appropriated therefor and for the
keeping of such grounds and ranges in good repair and condition

§ 2. This act shall take effect immediately.
3 Words "and the United States department of agriculture,” omitted.

Control of camp grounds

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