The Common Council shall be Commissioners of
Highways in and for said city and shall have all of the powers and
discharge all of the duties of Commissioners of Highways in towns
in this state, except as otherwise provided by this Act. The City
of Rensselaer is hereby declared a separate highway district.
[Amended by L. 1943, c. 710; L.L. No. 3-1990]
It shall be lawful for the Common Council to
order and direct the reducing, excavating, filling, leveling, pitching,
grading, paving, macadamizing or covering with concrete, asphalt,
brick, stone, wood, gravel, sand or other material any of the streets,
sidewalks, roads, avenues, parks, open courts, squares, places, alleys
or lanes in said city and the making or repairing of any bridges,
viaducts, sewers, gutters, sidewalks, curbings, culverts or arches
in said city and the improving of channels enclosing, covering, discontinuing
and altering the course of all creeks, streams and ponds in said city
and the laying or repairing of water mains and of service and house-connection
pipes from the sewer and water mains in said city. But no paving,
repairing with macadam or asphalt shall be done in any street, highway
or public place until the sewer and water mains and sewers have been
laid therein or provide therefor and service and house-connection
pipes and the same laid in front of each separate lot or piece of
property to a point within the sidewalk or curbline.
Except as by this Act otherwise provided, the
entire expense of the improvements above specified will be assessed
and apportioned as herein provided.
The expense of laying and repairing service
and house-connection pipes, water mains and sewers shall be apportioned
and assessed against the owner or owners of the property abutting
on such improvement, except that when such sewer and water mains are
not owned by the city, then the expense of laying and repairing such
service and house-connection pipes from such sewer and water mains
shall be apportioned and assessed against the owner or owners of such
sewer and water mains, as the case may be.
The expense of repairing pavements and the expense
of repairing and ordinary work of all streets shall be paid by the
city out of the Street Fund.
The expense of laying new pavements in said
city with granite, asphalt, brick, macadam or other material, including
all grading and preparation of street therefor and the construction
of bridges, arches, viaducts, gutters, culverts and sewers and the
cost of acquiring real estate, rights and easements for such bridges,
arches, viaducts, gutters, culverts and sewers shall be made by general
assessment of all the taxable property and all persons in said city;
provided, however, that property which has already been separately
or specifically assessed for granite, block or asphalt pavement laid
prior to April 5, 1901, shall be assessed in such general assessment
for any new pavements only to the amount which would properly be assessed
upon such property for such new pavements after deducting therefrom
the amount actually paid upon such assessment for such granite block
or asphalt pavements laid prior to April 5, 1901, and that property
which is already been separately or specifically assessed for sewer
or sewers constructed prior to December 31, 1902, shall be assessed
in such general assessment for new sewers only to the amount which
would properly be assessed upon such property for such new sewers
after deducting therefrom the amount actually paid upon such assessment
for such sewer or sewers constructed prior to December 31, 1902.
When the grade of a street has once been established
by the city and such grade recorded and conformed to in the making
of local improvements, any change in the grade therefor, insofar as
any expense is incurred therein and to that extent only, must be made
at the expense of the city at large.
Nothing contained in this section shall be construed
to prevent the city from financing pursuant to the Local Finance Law,
in whole or in part, any of the expenditures enumerated in this section.
Any expenditures for local improvements in said
city, except as to curbing and sidewalks, the expense of which is
to be defrayed wholly or partly by local assessment, shall not be
incurred unless the Common Council shall by resolution declare its
intention to make such local improvement.
After the Common Council shall declare its intention
to make such local improvement, except as to curbing and sidewalks,
before ordering the same done, the Common Council shall order a district
of assessment which shall contain all of the property which, in the
judgment of the Common Council, is likely to be benefited by the local
improvement and may at any time enlarge such district and cause notices
to be published and served upon all persons within such enlargement.
The Common Council may order a sewer for the drainage of streets, cellars, buildings, lots, pools, vaults and other proper sewerage purposes to be constructed in any street and, with the consent of the owners, in, upon or across any real property outside of a street. If the Common Council shall declare its intention to construct any sewer in, upon or across the real property outside the streets of said city and the owners of such real property shall not consent thereto and the city is unable to agree with the owners of such real property upon the compensation to be made therefor, the Common Council, in the name and behalf of the city, may acquire the title, easement and right in and to such real property for such sewer by condemnation, in pursuance of the provisions of the Condemnation Law, Chapter 23 of the Code of Civil Procedure. The cost and expense of such condemnation proceedings, together with the compensation determined, shall be paid to the owner or owners of such real property for such title, easement and right so acquired.
If a district of assessment has been established,
then upon the passage of a resolution by the Common Council declaring
its intention to make local improvement, the expense of which is payable
wholly or partly by local assessment, the City Clerk shall prepare
and sign a written notice of the proposed improvement, specifying
therein the time which any person interested may file his objections
thereto with the City Clerk, which shall not expire before the next
regular meeting of the Common Council, and, in case no objection is
so filed within the time so specified, all persons interested will
be deemed to have acquiesced in the proposed improvement. Such notice
shall either be published at least once in the official newspaper
of the city at least 10 days before the expiration of the time for
objections thereto or shall be served upon each such owner of property
within the district of assessment fixed for such improvement as follows:
by delivering to him personally a copy thereof or by leaving a copy
thereof at his residence in said city with some member of his family
or some person of suitable age or discretion or, if he resides elsewhere,
by service as above described upon his agent or other person having
the property in charge or by depositing in the post office, properly
enclosed and postage prepaid thereon, directed to such owner at his
last known place of residence. If there be two or more owners of any
one piece of property, service on any one of them shall be sufficient
notice to the owners of such piece of property. Affidavits of service
and publication of such notice may be filed or recorded, or both,
in the office of the City Clerk, and the affidavits or record thereof
or a certified copy of either shall in all courts and places, actions
or proceedings be prima facie evidence of the facts stated therein.
Objections to such improvements must be made
in writing and filed with the City Clerk within the time specified
in such notice, and the Common Council may at any regular meeting
within two months after the expiration of such 10 days, subject to
the Mayor's veto as in other cases, order the improvement to be made.
[Amended by L.L. No. 3-1990]
Upon the certificate of the Commissioner of
Public Works that the work of such local improvement, the expense
of which is to be defrayed wholly or partly by local assessment, has
been completed, the Common Council shall direct the cost thereof be
assessed by the City Assessor, and it shall be the duty of the City
Assessor to immediately assess the cost of such local improvement
upon the property lying within the district of assessment declared
for such improvement in an equitable manner in as near as may be in
proportion to the benefits which each owner of such property may be
deemed to derive therefrom without reference to the erections or improvements
thereon, except as herein otherwise provided; the cost of any local
improvement shall be deemed to include the entire expense thereof,
including the inspection, except the engineering and publishing and
serving of notices.
[Amended by L.L. No. 3-1990]
The City Assessor shall make out an assessment
roll and a duplicate thereof, both of which shall be deemed originals,
and set the amount of tax assessed in the last column of the roll
and file the same in the office of the City Clerk and thereupon give
public notice in the official newspaper for one week and by posting
a copy of such notice in four public places in said city that such
assessment rolls have been prepared and will remain at the office
of the City Clerk for a term of 15 days from the date of such notice,
during which time any person interested may examine said roll, and,
at the expiration of said 15 days, on the day and hour and at the
place to be specified in said notice, the City Assessor shall attend
and hear any objections to said assessment and shall decide upon the
same and shall, if it need be, alter and correct said assessment roll
and, when completed, sign the same and file them with the City Clerk.
[Amended by L.L. No. 3-1990]
Any party thinking himself aggrieved may file
with the Clerk a written appeal therefrom briefly stating the grounds
of such appeal, and the Common Council shall thereupon proceed to
hear and determine such appeal or appeals, upon view of the property
assessed or upon the evidence or both and may affirm or reverse the
assessment. In case of affirmance, it shall be final and conclusive,
and the proceedings thereafter to collect such assessment shall remain
the same as if no appeal had been taken. Said assessment roll shall
be signed by the Mayor and the President of the Common Council. In
case of reversal, the Common Council shall appoint three disinterested
electors of the city as commissioners, who shall proceed in like manner
upon view of the property assessed or upon evidence or both and for
such purposes be invested with the same powers as the Assessor to
make a new assessment. They shall make their tax rolls in the same
manner and sign the same and file them with the City Clerk, and the
same shall be final and conclusive on all parties. Such commissioners
shall receive $25 per day for their services, to be paid by the city,
unless the assessments of the appellants as determined by such commissioners
shall be less favorable to them than the assessment appealed from,
in which case the fees of said commissioners shall be paid by the
appellants added to the amount of their taxes respectively by the
commissioners in proportion to the amount thereof.
In case any assessment or installment thereof
has become due and the whole or any part thereof remains unpaid, it
shall be the duty of the Assessor to insert the same when reported,
as provided in this Act, by the City Treasurer in the annual tax roll
for the current year, against the respective lots or parcels of land
on which the assessments were originally levied and, in addition to
such assessment or assessments, 6% per annum to the time when due
to the date of the annual city tax sale following the insertion. Up
to the date of the annual city tax sale following the insertion. Up
to the date of such sale, the Treasurer, in his discretion, shall
receive the amount of any assessment or installment inserted or to
be inserted in the annual tax roll for the current year with the aforesaid
addition of 6% per annum.
[Amended by L.L. No. 3-1990]
If damages arise in acquiring land for making
public improvement and such improvement is payable by the city at
large, the amount of such damages shall be included in the cost of
making such improvement and payment thereof made or provided for in
accordance with this Act. After they have been ascertained and determined,
if they arise out of the making of local improvement, said Common
Council shall declare a district of assessment therefor and shall
direct such part of the amount of such damages and the expenses to
be assessed by the city and such part locally as they shall deem just.
The Common Council shall then direct the Assessor to assess the amount
of award for damages and the expenses so directed to be borne by the
property benefited locally, specifying the aggregate amount of the
same upon the property within such district of assessment. The Assessor
shall proceed to assess such amount upon the property benefited by
such improvement in a just and equitable manner and nearly as may
be in proportion to the benefits, if any, received. Such assessment
shall be made in the same manner as other local assessments. When
the assessment roll shall be filed, the assessment may be appealed
from in the same manner, and the Common Council shall possess the
same powers in reference thereto and proceed in the same manner as
on appeals from other assessments.
[Amended by L.L. No. 3-1990]
The Common Council may, by 2/3 vote of all the
members elected thereto, provide in any ordinance or resolution for
a street or other improvement, the expense of which may be imposed
and assessed upon the property benefited thereby, as provided by law,
that the assessment shall be payable in any number not less than five
and not more than 15 annual installments, together with interest thereon,
from and after the date of the confirmation of such assessment at
the rate of 9% per annum upon the whole amount of the entire assessment
remaining to be paid, shall be due and payable on the first day of
June following the confirmation of such assessment until the whole
of such assessment and the interest thereon shall be paid; the owner
or occupant of any piece of property so assessed may at any time pay
to the Treasurer the entire assessment upon his or such property,
with the interest at the rate aforesaid, upon the time of such assessment,
and thereupon such property shall be discharged from lien of such
assessments.
[Amended by L.L. No. 3-1990]
If no appeal is taken from the assessment roll
filed with the City Clerk or if an appeal is taken therefrom and such
assessment be affirmed, the Common Council shall cause the proper
warrant to be attached to one of the assessment rolls and to the other
a copy of such warrant and the Treasurer's receipt for such special
assessment roll, with a warrant to the City Treasurer, and secure
his signature and the receipt thereof in the duplicate roll filed
in his office. If an appeal is taken from such assessment and the
same is reversed, the Common Council shall cause the proper warrant
to be attached to one of the assessment rolls filed by such commissioners
and to the other a copy of such warrant. The City Clerk shall deliver
such assessment roll and warrant to the City Treasurer and secure
his signature to the receipts therefor in the duplicate roll filed
in his office. Such warrant shall be signed by the Mayor and the President
of the Common Council. Whenever the assessment roll and the warrant
for its collection for any local improvement shall be left with the
City Treasurer, he shall receive the taxes thereon for the same time
and with the same fees as directed herein for the collection of city
taxes and shall give notice to that effect immediately upon receipt
of such assessment roll by publication thereof in the official paper
of the city. If any such taxes or any installments thereof remain
unpaid at the expiration of 60 days from the time of the delivery
of such assessment roll to the Treasurer, said Treasurer shall report
the same to the Assessor on or before July 1 of each year for insertion
in the city tax roll as provided by this Act.
Whenever an infant or other incompetent person
shall be interested in real estate affected by any local improvement,
the County Court of Rensselaer County or the Supreme Court shall have
power to appoint a guardian in the nature of a guardian ad litem to
protect the interests of such infant or such incompetent person, and
such guardian shall be entitled to receive for his services such compensation
as the court making the appointment may direct. The compensation so
paid shall be included in the amount of the assessment made against
the property of such infant.
[Amended by L.L. No. 3-1990]
In all cases of assessment for improvement,
the Assessor shall include in the apportionment all the expenses connected
with or which were incident to the making of the improvement and assessment.
Whenever the amount of apportionment shall exceed the actual cost
of the improvement, including all expenses connected therewith and
incidental thereto, the City Treasurer shall certify the amount of
the surplus to the Assessor, and they shall thereupon declare a rebate,
and the excess shall be refunded pro rata to the persons who paid
their assessments. If the amount assessed for any improvement shall
be insufficient to cover the cost of the improvement, including all
expenses connected therewith and incidental thereto, the City Treasurer
shall certify the amount of the deficiency to the Common Council and
Assessor; and the Common Council and the Assessor shall forthwith
cause to be levied and assessed the amount of such deficiency pro
rata upon the property included within the original assessment, and
the same shall be assessed and levied and collected in like manner
as other assessments of like character.
No action or proceeding to set aside, vacate,
cancel or annual any assessment or tax for local improvement shall
be maintained, except for total want of jurisdiction to levy and assess
the same on the part of the Common Council, officers, board or commission
authorized by law to make such levy or assessment or to order the
improvement on account of which the levy or assessment was made. No
action or proceeding shall be maintained to modify or reduce any such
assessment or tax, except for fraud or substantial error, by reason
of which the amount of such tax or assessment is in excess of the
amount which should have been locally levied or assessed.
No action or proceeding shall be maintained
to set aside, vacate, cancel, annual, review, reduce or otherwise
question, test or affect the legality or validity of any assessment
or tax for local improvement except in the form and manner and by
proceedings herein provided. If in the proceedings relative to an
assessment or tax entire absence of jurisdiction on the part of the
Common Council, officers, board or commission authorized by law to
levy or assess the same or to order the improvement on account of
which the assessment was made or the tax imposed is alleged to have
existed or in case of fraud or substantial error, other than errors
in the direction specified in the preceding section by reason of which
substantial damages have been sustained, as alleged or to have existed
or to have been committed, any party aggrieved thereby who shall have
filed objections thereto within the time and the manner specified
by law thereto may apply to the Supreme Court at a special term thereof
held within the judicial district in which the city is situated for
an order affecting or modifying such assessment as to the lands in
which he is interested upon the grounds in such objections specified
and no other and upon due notice of such application to the Corporation
Counsel. Such application shall be made within 20 days after the confirmation
of the assessment. Thereupon such court may proceed to hear the proofs
and the allegations of the parties and determine the same or may appoint
a referee to take the proofs and report thereon or hear, try and determine
the same. If it shall be determined in such proceeding that the Common
Council, officers, board or commission had no jurisdiction to make
and levy the assessment complained of or to order the improvement,
the court may order such assessment or tax vacated. If it shall be
determined therein that any such fraud or substantial error has been
committed and that the party appearing for such relief has suffered
substantial damages by reason thereof, the court may order that the
assessment or tax be modified as to such party and, as so modified,
that it be confirmed. A like application may be made to secure a modification
or reduction of any such assessment or tax on account of fraud or
such substantial error occurring in the performance of the work or
improvement on account of which such assessment or tax is made or
levied, and it shall be determined in like manner. If in any such
proceeding it shall be determined that such fraud or substantial error
has been committed by reason of which any such assessment or tax upon
the lands of any such aggrieved party has been unlawfully increased,
the court may order that such assessment or tax be modified by deducting
therefrom said amount, as in the same proportion such assessment or
tax as the whole amount of such unlawful increase is to the whole
amount of assessment or tax for the improvement. An order so made
in such proceeding shall be entered in the County Clerk's office of
Rensselaer County and shall have the same force and effect as a judgment.
The court may, during the pendency of any such proceeding, stay the
collection of any assessment or tax involved therein as against the
parties thereto. The costs and disbursements of any such proceeding
may be allowed in the discretion of the court as in an action. No
appeal shall be allowed or taken from an order made in any such proceeding,
but determination so made therein shall be final and conclusive upon
all parties thereto. No assessment or tax shall be modified otherwise
than to reduce it to the extent that the same may be shown by the
party complaining thereof to have in fact increased in dollars and
cents by reason of such fraud or substantial error. In no event shall
that proportion of any such assessment which is equivalent to the
fair value or fair cost of the improvement be disturbed for any cause.
No money paid on account of any assessment or tax shall be recovered
for any cause except the amount of the excess of such assessment or
tax over and above the fair value and cost of the improvement. In
case of the failure of any assessment or tax for any cause, the City
Treasurer shall certify such fact to the Common Council, and it shall
be its duty to forthwith cause the same to be relevied or reassessed
in a proper manner.
Two or more persons may unite in commencing
and prosecuting the proceedings to vacate or modify an assessment;
and when two or more persons have commenced separate proceedings to
vacate or modify an assessment for the same improvement, the court
before whom the same was commenced or pending or the judge thereof
at such term or chambers may, upon an order and upon due application
and notice, consolidate such separate proceedings into one proceeding.
Errors and irregularities in a proceeding contemplated
by this Act, if shown to injuriously affect a party or parties thereto,
may be corrected on the review thereof, on the application of the
party injured, or his damages occasioned thereby recovered in an action
against the city, subject to the regulations of this Act.
Nothing herein contained shall affect any assessment
upon any lands owned by the state nor be deemed to repeal or modify
any of the provisions of § 21 of the Public Lands Law.
The Common Council shall have the power to cause
the streets, lanes, alleys, highways and public ground and places
in the city to be cleaned from time to time, and the expense thereof
shall be paid by the city out of the Street Fund.
It shall be the primary duty of every owner
of every lot or piece of land to keep the sidewalks and curb adjoining
his lot or piece of land, from his property line to the curbline and,
if no curbline, then the space of the street within 12 feet of his
property line, at all times free and clear of all obstructions and
in a safe and passable condition and keep the same clean and free
from snow and ice. It shall be the duty of such owner to remove new
ice and freshly fallen snow from such curb and sidewalks before 12:00
noon of each day and keep the same so cleaned and removed at all times.
In default thereof, such owners shall be subject to such fine or penalty
therefor as may be prescribed by the Common Council. Also, the Commissioner
of Public Works shall have power to remove such obstructions and also
to place said sidewalks and curbs in safe and passable condition and
to remove all snow and ice which the owner has neglected to remove
before said hour of 12:00 noon or any other obstructions upon the
sidewalk and curb, and no ordinance or resolution for the same need
be passed or notice given, and the expenses therefor shall be assessed
and collected in the same manner as the expense of constructing and
repairing sidewalks, and such owners shall be liable and responsible
to the City of Rensselaer for all loss or damage which it may sustain
or incur, directly or indirectly, or, in consequence of the owner
of such lot, piece or parcel of land failing to do so, and perform
the duties and obligations hereby imposed upon him.
[Amended by L.L. No. 3-1990]
Whenever the Common Council shall deem it necessary
for any sidewalk or curbstone and the whole or any part of such sidewalk
or curbstone, from curbline to property line, to be constructed, made,
flagged, concreted, bricked, curbed, relaid or reset by the owners
of land adjoining such sidewalk or curb, it shall have power to require
any or either of said improvements, acts or things to be made or done;
it shall prescribe by resolution or ordinance that the same be done
at such times and in such manner and of such materials as it may direct,
and such improvements shall conform to the grade established or to
be established before such improvements are made. The Common Council
shall cause to be served at least 10 days before the expiration of
time so specified for such work to be done upon the owners or occupants
of the land adjoining such sidewalk or curbstone so to be improved
as aforesaid a copy of such resolution and ordinance, with a notice
that if the same is not done within a specified time by the owner
of the adjoining land, it will be done by said Common Council at the
expense of such owner. Such notice shall be served upon such owner
by delivering a copy thereof to him personally or by leaving the same,
in his absence, with some member of his family of suitable age and
discretion or some person of suitable age or discretion residing with
him, if he be a resident of the city, or otherwise on his agent or
other person having charge of the property or by depositing the same
in the post office, properly enclosed and postage prepaid thereon
and directed to said owner at his last known place of residence; in
case such owner or his place of residence is unknown, then upon the
occupant or occupants of said premises; and in case such owner or
his place of residence is unknown and there be no agent or occupant
to the knowledge of the Common Council, such service may be made by
affixing a copy of such ordinance or resolution and notice upon a
conspicuous part of the premises. The Common Council shall at least
10 days before the expiration of the time specified for said work
to be done cause a copy of such resolution or ordinance to be published
at least once in the official paper of the city. If there be two or
more owners or two or more occupants of one piece of property, service
upon one of them will be sufficient. Affidavits of the publication
and service of such resolution or ordinance may be filed or recorded
or both in the office of the Clerk of said city, and affidavits or
records thereof or a certified copy of either shall, in all courts
and places, actions and proceedings, be prima facie evidence of the
facts stated therein. In case any such improvement, act or thing so
required shall not be made, done or completed within the time specified,
the Common Council shall have power to make, do or complete the same
and, having done so, shall, without giving any other or further notice,
upon affidavits of the Commissioner of Public Works, as the case may
be, having the work in charge, showing the actual expense thereof,
which affidavit shall be made and filed with the said City Clerk,
proceed to make a special assessment roll and duplicate thereof, both
of which are deemed originals, against the delinquent owners and upon
such adjoining land owned by them, assessing each parcel or lot of
land and the expense of sidewalk and curbstone immediately adjoining
it and filing the same, when completed, in the office of the City
Clerk, and such special assessment roll, from the time of filing the
same in the office of said City Clerk, shall be final and conclusive
upon all persons interested in such real estate or affected thereby,
and the amount therein assessed shall be a lien upon the lands and
premises in said assessment roll and adjoining which said improvements
have been made. Whenever such special assessment roll and a warrant
for the collection of the taxes therein assessed shall be left with
the City Treasurer, he shall proceed to collect the same with the
same fees thereon and in the same manner as provided by this Act for
the collection of the local assessments. Whenever the grade of any
sidewalk has been established by said city and recorded and been conformed
to by the owner of said property, any change of grade thereof made
by the city, insofar as any expense is incurred therein and to that
extent only, must be borne by the city at large.
The majority of the owners of property abutting
on a street may petition the Common Council to change the name of
said street to a name specified in such petition, and the Common Council
may then by ordinance or resolution change the name of said street
to the name specified in such petition. The name of a street shall
not be changed, except as provided by this section.
The Common Council shall have full power and
authority to designate the street numbers of houses, lots and premises
in the city and change, alter and renumber the same as it may deem
proper from time to time.
[Amended by L.L. No. 3-1990]
Whenever the Common Council shall finally determine
to pave or repave any street or portion of a street in which gas mains
are not at said time laid, the Common Council may cause to be served
written, typewritten or printed notice of its intention to pave or
repave said street or portion thereof upon said gas company or owner
of gas mains, having the same laid in any of the streets of said city,
contiguous to the street so intended to be improved, and notify said
gas company or owner of gas mains as aforesaid to extend its mains
throughout the portion of the street to be improved and to lay lateral
service pipes connected therewith, opposite each separate piece of
property on said street or portion thereof, so to be improved to a
point or points within the curb line or lines opposite thereto.
If such gas company or owners of gas mains shall
fail to extend their gas mains within a reasonable time, to be fixed
by said Common Council in said notice, to date from the service of
such notice on such gas company or owner of such gas mains, as required
to be extended, they shall not be permitted thereafter to lay their
mains in the portion of the streets so paved or repaved but shall
only be permitted thereafter to lay their mains under the sidewalks
of the street so paved or repaved.
Whenever the sewer mains have been laid or completed
in any street or portion thereof in or upon which the Common Council
shall have finally determined to make improvements by paving or repaving,
said Common Council shall immediately cause a notice to be published
in the official paper of the city requiring the owner or owners of
any and all property fronting or abutting on said street or portion
thereof upon which improvements are to be made to make connections
with the sewer mains on said streets or portion thereof to be improved
and to make and lay service and house connection pipes from said sewer
mains in front of each separate piece of property and, where directed
by the Common Council, at least to a point within the line of the
curbing, within such time and in such manner as the Common Council
shall prescribe. Whenever any such owner or occupant shall have made
default in making such connections with such sewer mains opposite
the lands or premises owned or occupied by him or in making and laying
service and house connection pipes therefrom at least to a point within
the line of the curbing, as directed in and required by said printed
notice therefor, in the manner and within the time therein specified,
the Common Council shall have power and authority to make, extend
and complete the same to a point within the line of curbing opposite
thereto and in front thereof, and the actual expense thereof, including
all labor done and materials used in doing and completing the same,
shall be assessed by the Common Council upon each separate piece of
property opposite which the same shall be done and completed and shall
be a lien on said premises and the lots of land respectively, and
the same shall be collected in the same manner as provided by this
Act for the collection and enforcement of the expenses of constructing
and relaying of sidewalks and curbstones.
