[1971 Charter Laws, § 250; Laws of N.Y. (1915)
ch. 535, § 82]
The common council may cause sewers and drains to be constructed,
relaid, and repaired in the city at such places and times, in such
manner, and of such dimensions and materials as it shall direct and
prescribe.
[1971 Charter Laws, § 258; Laws of N.Y. (1915)
ch. 535, § 89; L.L. No. 1-1941, § 1]
The common council shall not construct any drain or sewer except:
(1)
Upon petition of a majority of the owners of property to be assessed
therefor, unless for an outlet to a drain or sewer constructed upon
the aforesaid petition, and then the shortest practical route shall
be adopted;
(3)
In order to comply with state or federal requirements; or
(4)
As otherwise provided by law.
[1971 Charter Laws, §§ 251, 252; Laws of N.Y.
(1915) ch. 535, § 83]
(a)
The expense of constructing sewers or drains along any street or
alley shall be paid by the owners of the land and real property lying
upon or adjoining that portion of the public street or alley through
which the sewer or drain is constructed. The expense of constructing
a sewer or drain across any street or alley and over or through any
land not within any street or alley, together with all manholes, catchbasins,
and flush tanks located at the intersection of streets shall be a
charge upon and paid by the city by general tax. The public parks,
market places, and all other land and property belonging to or in
use by the city shall bear and be charged with its proportionate share
of such expense. Such expense shall be paid by the city by a general
tax.
(b)
The expense of repairing or relaying any drain or sewer in the city
shall be paid by a general tax.
[1971 Charter Laws, § 253; Laws of N.Y. (1915)
ch. 535, § 84)
For the purpose of the payment of the expense of constructing
a sewer, the common council may make temporary loans as the work of
such construction progresses. In anticipation of the collection of
taxes for the payment of such improvement, the interest paid for such
temporary loan shall be added to and considered as part of the expenses
of such improvement. Such temporary loan and the certificates issued
therefor shall be a lien to the same extent as is provided for the
lien of bonds for permanent loans. The certificates for such temporary
loan shall be signed by the mayor and city auditor, countersigned
by the city clerk, and payable within one year from the date of issuance.
[1971 Charter Laws, § 254; Laws of N.Y. (1915)
ch. 535, § 85]
(a)
The common council may purchase and hold in the name of the city
such real estate as is necessary for drain and sewer purposes.
(b)
If in the opinion of the common council it becomes necessary to construct
sewers or drains over or through lands not lying in any street or
alley and the consent of the owner of any such lands cannot be obtained
thereto, the right to use such lands for such purposes may be obtained
through the exercise of the power of eminent domain.
[1971 Charter Laws, § 257; Laws of N.Y. (1915)
ch. 535, § 88]
(a)
The common council shall ascertain and determine the expense of the
construction of any sewer or drain along a street or alley. It shall
be the duty of the city auditor to proceed forthwith and assess such
amount upon the real property lying upon or adjoining that portion
of street or alley along which such sewer or drain has been constructed.
Each lineal foot of property shall pay its proportion of the total
cost and one lineal foot shall not be assessed a greater or less amount
than another, except that as to a corner lot abutting upon two streets,
on one of which a sewer has been laid and the expense thereof heretofore
assessed upon the lot, the auditor may make the assessment against
the corner lot in accordance with the benefits to it.
(b)
Upon making an assessment under subsection (a) of this section, the city auditor shall cause a notice to be posted in five public places in the city, or published at least twice in some newspaper published in the city that an assessment for sewerage purposes has been made, and that at a specified time in such notice, which time shall be at least 10 days after posting of the notice or the first publication thereof, he will be available to the city for the purpose of correcting and confirming such assessment, which he shall have power to do. After the correction and confirmation of the assessment, the assessment shall be a lien and charge upon the property so assessed, and the common council shall cause such lien and charge to be collected in the same manner as is provided for the collection of other taxes in the city.
[1971 Charter Laws, § 259; Laws of N.Y. (1915)
ch. 535, § 89; L.L. No. 1-1941, § 1]
The city shall be deemed to be the owner of any public park
adjoining the street in which any such sewer or drain is proposed
to be constructed, and the approval of any petition for construction
of a sewer by the common council shall be deemed equivalent to the
signing of the petition by the city.
[1971 Charter Laws, § 260; Laws of N.Y. (1915)
ch. 535, § 89; L.L. No. 1-1941, § 1]
All drains and sewers constructed for an outlet to a sewer constructed
upon petition shall be paid for by the city by general tax, and shall
not be chargeable to abutting property owners. No connection shall
be made to any outlet sewer by any person or to a petition sewer by
any person on account of whose property no assessment was made to
pay for such sewer without the consent of the common council, and
no such permission shall be given without the payment of a reasonable
charge therefor to be determined by the regulations as the common
council may prescribe.
[1971 Charter Laws, § 262; Laws of N.Y. (1915)
ch. 535, § 90]
(a)
Whenever the common council believes that the public health will
be promoted by the construction of a sewer in any public street, alley,
or thoroughfare of the city, it may adopt a resolution to such effect
and designate a time and place when it will meet to act on such resolution.
The common council shall give notice of the time and place of such
meeting. The notice must describe the sewer proposed to be constructed
and contain the names of the known owners of the lands abutting upon
the streets in which the sewer is to be constructed. The notice must
be published once a week for two consecutive weeks immediately preceding
the time of hearing.
(b)
Any person interested may be heard and introduce testimony before
the common council upon the hearing on the resolution, and the common
council may adjourn such hearing from time to time as it may deem
necessary. The common council shall hear and determine the matter,
and, if it shall determine to make such improvements, it shall adopt
the resolution. If the common council shall so determine to construct
such sewer the same proceedings shall be had thereafter for the construction
of the sewer as if the sewer were constructed upon the presentation
of a petition. The expense of the construction of such sewer shall
be assessed and collected in the same manner as if the sewer had been
constructed upon petition.
