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act relating to towns, constituting chapter sixty-two of the consolidated laws," as added by chapter five hundred and thirty-four of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

$ 296-a. Supervision and extension of system. A water supply system in a water district shall be under the control and supervision of the board of water commissioners. The board shall keep the system in repair and may from time to time extend the mains or distributing pipes within the district, or improve or perfect the existing system, provided that the expense thereof to be raised by taxation shall not in any one year exceedone per centum of the total assessed valuation of the district. The board may also contract in the name of the district for a supply of water for use in the mains of the district for a term not to exceed five years.

§ 2. This act shall take effect immediately.

L. 1909,
ch. 63,
8 460
amended.

CHAPTER 468
AN ACT to amend the town law, in relation to public improvements in certain

towns.
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 four hundred and sixty of chapter sixty-three of the laws of nineteen hundred and nine, entitled “An act relating to towns, constituting chapter sixty-two of the consolidated laws," as last amended by chapter one hundred and ninety-two of the laws of nineteen hundred and fourteenis hereby amended to read as follows:

§ 460. Town board created. In each town in this state having a population of three thousand or upwards, situate within a county having a population of four hundred thousand or upwards, excluding New York and Kings counties, and adjoining a city having a population of over three hundred and fifty thousand inhabitants, the number of such inhabitants in each instance to be ascer. tained by reference to the latest state enumeration, the supervisor, town clerk, justices of the peace and town superintendent of highways are hereby constituted a board and vested with the powers herein specified, and shall continue to have and exercise such powers until the legislature shall otherwise direct. Said officials shall constitute such board and be vested with such powers in any town having more than five thousand inhabitants in which the assessed valuation of taxable property exceeds five million dollars whenever the town board shall elect to make the provisions of this

1 Words “ one-tenth of” omitted.

1 Previously amended by L. 1909, chs. 491, 511. Section 460 is again amended by L. 1925, ch. 469, post; the amendments effected by this act (ch. 468) are not incorporated in 460 as amended by said ch. 469.

2 Remainder of section new.

article applicable to such town by the affirmative vote of two-thirds of all the members of such town board at a special meeting called for that purpose by any of its members upon at least ten days written notice of the time and place of holding the meeting and the purpose or object thereof, served personally upon the other members of the board, or at a special meeting called for that purpose by call and waiver of notice duly signed and acknowledged by each of the members of the town board, which waiver of notice shall specify the time and place of such meeting. There shall be filed with the town clerk and incorporated in the minutes of meetings of the town board a copy of such notice with proof of service thereof upon each member of the board, or a copy of such call and waiver of notice and a copy of the resolution of the board showing the names of each member of the board present and voting, the number of votes cast for and against the resolution and the names of the members voting for and against it.

§ 2. This act shall take effect immediately.

CHAPTER 469
AN ACT to amend the town law, in relation to town board and public improve

ments in certain of the towns in counties having a population of over five

hundred thousand and a city of over four hundred thousand. 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 four hundred and sixty of chapter sixty-three L. 1909,

, of the laws of nineteen hundred and nine, entitled “An act rela- ch. 63,

§ 460 ing to towns, constituting chapter sixty-three of the consolidated amended. laws," as last amended by chapter one hundred and ninety-two of the laws of nineteen hundred and fourteen, is hereby amended to read as follows:

§ 460. Town board created. In each town in this state having å population of three thousand or upwards, situate within a county having a population of over five hundred thousand, excluding New York and Kings counties, and containing a city having a population of over four hundred thousand inhabitants, the number of such inhabitants in each instance to be ascertained by reference to the latest state enumeration, the supervisor, town clerk, justices of the peace and town superintendent of highways are hereby con

1 Previously amended by L. 1909, chs. 491, 511. Section 460 was amended by L. 1925, ch. 468, ante; the amendments effected by said ch. 468 are not inporated in g 460 as here amended.

2 Section to here formerly read: “In each town in this state having a population of three thousand or upwards, situate within a county having a population of four hundred thousand or upwards, excluding New York and Kings counties, and adjoining a city having a population of over three hundred and fifty thousand inhabitants."

stituted a board and vested with the powers herein specified, and shall continue to have and exercise such powers until the legislature shall otherwise direct.

§ 2. This act shall take effect immediately.

1

L. 1909,
cb. 63,
$ 260
amended.

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CHAPTER 470
AN ACT to amend the town law, in relation to establishment of lighting

districts in towns outside of incorporated villages.
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 two hundred and sixty of chapter sixty-threa of the laws of nineteen hundred and nine, entitled “An act relating to towns, constituting chapter sixty-two of the consolidated laws," as amended by chapter six hundred and fifty-one of the laws of nineteen hundred and twenty-three, is hereby amended to read as follows:

§ 260. Establishment of lighting district. It shall be lawful for the town board of any town in this state to contract for the lighting of the streets, avenues, highways, public places and public buildings therein, outside of the corporate limits of any incorporated village in said town, upon such terms and for such time or period, not exceeding ten years, as the town board may deem proper or expedient, and for the payment of the expenses thereof and may establish one or more lamps or lighting districts therein. It shall be lawful for the town boards of two or more adjoining towns in this state, whenever a petition for the establishment of a lamp or lighting district shall cover territory lying in two or more adjoining towns in this state, to contract for the lighting of the streets, avenues, highways, public places and public buildings therein, outside of the corporate limits of any incorporated village in said town, upon such terms and for such time or period not exceeding ten years, as the town boards of two or more adjoining towns in joint session assembled may deem proper or expedient and for the payment of the expenses thereof.

Where a town board has already contracted for lighting and no lighting district has been established and the amount is to be collected upon the taxable property of the whole town, or when a lighting district has been established as provided in this and the succeeding sections, the said board, upon petition of the owners of real estate fronting or bounding upon either side of any public street or highway to the extent of one-half or more of the entire frontage or bounds on both sides of that part thereof covered by said petition, may contract with persons or corporations for a term not exceeding ten years and cause such streets or highways or the part thereof which may be designated in such petition to be provided with lights and lighting equipment of a better and more

expensive type or nature, but the additional expense thereof shall be assessed upon and collected from the several lots or parcels of land and from any and all other property fronting upon or being fixed upon that part of such public street or highway as may receive the benefit of such better and more expensive type or nature of lights and equipment. Nothing in this last provision for a better and more expensive type or nature of lights and equipment shall be deemed to release or exempt said several lots or parcels of land and other property fronting upon or being fixed upon that part of such public street or highway as may be benefited as aforesaid from being charged with the expense for general lighting that may have been contracted for as hereinbefore provided.

But no petition for such lighting as is provided for in this section shall be of any force or effect whatsoever, nor shall such petition be acted upon by said board unless thereon appear the signatures of resident owners representing not less than one-half of the frontage owned by resident owners in the street or part of the street proposed to be lighted under such petition.

The words “streets, avenues and highways" as used in this section shall be deemed to include all streets, avenues and highways located in any such town in a subdivision or tract of land, although the streets therein have not been dedicated, providing maps of such tract or subdivision have been filed in the office of the county clerk and the town clerk as provided by law.

§ 2. This act shall take effect immediately.

281

CHAPTER 471
AN ACT to amend the town law, in relation to contracts by a town board for

supplying water for public purposes to a water supply district.
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 two hundred and eighty-one of chapter L. 1909, sixty-three of the laws of nineteen hundred and nine, entitled ch.263, “An act relating to towns, constituting chapter sixty-two of the amended. consolidated laws," is hereby amended to read as follows: $ 281. Town board may establish

establish water supply districts. The town board of any town may establish one or more water supply districts in such town outside of an incorporated village therein, by filing a certificate, describing the bounds of any such district, in the office of the town clerk; and may contract in the name of the town for the delivery, by the

1 Remainder of section new.

1 The amendment to this section is not intended to effect any change in the law, but merely includes such portion of the transportation corporations law, $ 81, as is omitted from a general revision proposed by the joint legiolative committee on corporations.

2

water commissioners of a village owning a system of water-works, or by a water-works corporation authorized by law to supply the inhabitants of such town with water, of a supply of water through hydrants or otherwise, for fire, sanitary or other public purposes, to such districts, and the whole town shall be bound by such contract, but the rental or expense thereof shall annually, in the same manner as other expenses of the town are raised, be assessed, levied upon and collected only from the taxable property within such water supply district. 3No contract with such a water-works corporation shall be made for a longer period than five years nor for an annual amount exceeding three mills upon each dollar of the taxable property within such water supply district, except that if the population of the water supply district does not exceed one thousand inhabitants, such contract may be made for a period not longer than ten years. Such money when collected, shall be kept as a separate fund and be paid over to such board of water commissioners or to such corporation, as the case may be, by the supervisor of the town, according to the terms and conditions of any such contract.

§ 2. This act shall take effect immediately.
2 Words“ or by a water-works corporation authorized by law to supply the
inhabitants of such town with water," new.

3 Following sentence new.
4 Words or to such corporation, as the case may be," new.

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