Whenever a street railroad track runs upon or along any street to be paved or macadamized pursuant to this Article, the railroad corporation owning such track shall relay its track in the center of the street so far as the same is to be paved or macadamized and shall pay for the improvement of that part of such street which lies under and between said railroad tracks and two (2) feet in width outside of its tracks; or such street railroad corporation shall, under the supervision of the Village Engineer, construct such improvements in the same manner and of the same material as the remainder of the street is macadamized or paved; and the entire expense of improving such street to the width herein provided must be borne by the railroad corporation. That part of said street not encumbered by said railroad track shall be paved or macadamized, when ordered by the Board of Trustees, after taking the same preliminary steps herein provided for in other cases and after the adjoining owners shall have had their opportunity to elect between paving and macadamizing in the form and manner aforesaid, and all the rules prescribed for streets having no railroad thereon shall apply to such street, except that the adjoining owners shall not be charged with the cost and expense of that part of said street lying under and between said railroad tracks and two (2) feet in width outside of its tracks. The Board of Trustees shall ascertain and determine the cost and expense of the improvement of that part which lies upon the intersecting streets which cross such street or which abut thereon, exclusive of all cost and expense of that part of such street upon which said railroad tracks lie and between such tracks and two (2) feet in width outside of such tracks and exclusive of the general expenses, and shall charge the same to the village; and shall also ascertain and determine the cost and expense of that part of the improvement in such street which is not covered by said intersecting and abutting street or streets and is not covered by said railroad tracks and between such tracks and two (2) feet in width outside of such tracks, exclusive of such general expenses, and shall charge the same as follows: one-third (1/3) to the village and the remaining two-thirds (2/3) to the abuttors in proportion to their frontage. The said Board of Trustees shall then ascertain and determine the cost and expense of that part of the improvement of the street under and between said railroad tracks and between such tracks and two (2) feet in width outside of such tracks, exclusive of the general expenses, and if the improvement is made by the village, shall charge the same to the said railroad company. The general expenses shall be borne and paid by said village, said railroad company and said adjoining owners in proportion to the cost of the village portion, the cost of the railroad’s portion and the cost of the adjoining owner’s portion, outside of said general expenses; and said Board of Trustees shall, when the work is completed, ascertain and determine the share of general expenses which is to be paid by the village and charge the same to the village. It shall also ascertain and determine the share of the general expenses which shall be paid by said railroad company and charge the same to said railroad company. It shall also ascertain and determine the share of the general expenses which is to be paid by the adjoining owners and charge the same to said owners. 
     § 12. Special assessments.
Having ascertained the total amount to be a charge to said adjoining owners, the Board of Trustees shall appoint three (3) disinterested electors of the village as special assessors and deliver to them a true statement of the entire cost and expense of such paving and macadamizing which is chargeable to said adjoining owners with directions to assess the same as required by this Act. Such assessors shall assess upon the property adjoining the center section paved or macadamized, exclusive of cross and abutting streets, the said sums so delivered to them by said Board of Trustees in proportion to the number of feet which each property owner has of frontage on that portion of the street so paved or macadamized. When the Board of Trustees shall have extended the time for the payment of assessments and shall have anticipated the collection of the taxes and assessments therefor, as provided for in this Article, by the issue of bonds or a warrant and the amount collected on the assessment made, as already herein provided, is not sufficient to pay the said bonds with interest thereon, a further assessment shall be made by said special assessors or others appointed in their places upon the property already assessed, sufficient to pay such deficiency with principal and interest. The amount necessary to complete the payment of such bonds and warrant and interest shall be fixed by the Board of Trustees within ninety (90) days after the last installment of the deferred assessments becomes due and payable, and said percentage shall thereupon immediately thereafter be assessed to the persons then owing said property in the same assessment as the original assessment herein provided for was made and be levied and collected as herein provided. If at any time thereafter, through the collection of delinquent taxes or otherwise, money that shall be received upon said assessment is in excess of the amount necessary to pay and discharge all obligations under said bonds or warrant and interest, said sum shall be returned to the persons who have paid said assessment in proportion to the amount respectively paid by them. The assessments so made shall be a lien upon the land so assessed, and the lien may be enforced by action in the same manner in which a lien upon land may be enforced. 
     § 13. Portion of expense to be borne by village. [L. 1900, c. 67; L. 1909, c. 78]
For the purpose of providing the money to pay the cost of the village’s portion of said improvement provided for in this Article, the Board of Trustees may assess upon all the property within the Village of Fredonia liable to general taxation for public use and collect therefrom each year a sum sufficient to pay the village’s portion of said improvement to be known as a “Street Improvement Fund.” Such Street Improvement Fund shall be kept separate and apart from any other money or funds of the village and shall be used for no purpose whatever, except as provided in this Article. The assessment for improvement of streets under this Act paid by the village as adjoining owner along a street improved, as herein provided, shall be paid by the village out of the village fund, and the money so paid in any political year shall be collected the next political year with the general tax of each succeeding year in the same form and manner in which the general taxes are collected. 
     § 14. Assessments; how made.
The Board of Assessors appointed for the purpose by the Board of Trustees shall make an assessment roll, wherein they shall briefly describe and designate the land of which an assessment is made and assess the amount fixed by the Board of Trustees as has been provided in the previous sections of this Article and shall set in the last column of such roll, opposite the name of the person, corporation or association and property assessed, the amount of tax assessed upon such person, corporation or association and property. After such assessment roll is completed, it shall be left with the Village Clerk and notice thereof given in one (1) or more newspapers published in said village; also that said roll can be examined by any person interested for a period of ten (10) days from the first publication of such notice. After the expiration of said ten (10) days, the person conceiving himself or herself aggrieved and for the correction of such roll and the date, hour and place of said meeting shall also be announced in said published notice. 
     § 15. Extension of time for payment of assessment. [L. 1900, c. 67; L. 1917, c. 7]
The Board of Trustees shall have the power to extend the time for the payment of the assessments made on account of such improvements and to make the assessment payable in ten (10) equal annual installments, the first installment to be payable immediately after the delivery of the first warrant for the collection thereof to the Receiver of Taxes of the village and the remaining installments to be paid when due each successive year thereafter, on warrants issued for the collection thereof, with interest thereon from the 90th day after the said first warrant is so delivered to said Receiver of Taxes; and in every case the warrants must conform to the plan, and the first warrant shall command the collection of the first installment only, and each successive warrant shall command the Receiver of Taxes to collect the installment then due, together with interest thereon from a day named, which shall be the 90th day after the delivery of the first warrant to the Receiver of Taxes and which shall be with the privilege on the part of the person assessed to pay the entire assessment on the first warrant or to pay all the unpaid assessments, together with interest thereon, on any warrant thereafter issued. The Board of Trustees may determine that the amount which the village shall become liable to pay for the paving or macadamizing of any street, pursuant to this Article, shall be paid by the village in not exceeding ten (10) annual installments and may cause the bonds or other obligations of the village to be issued in anticipation thereof. 
     § 16. Warrant; collection of assessments. [L. 1917, c. 7]
To each of said assessment rolls confirmed and filed with the Clerk of the village and to the special assessment roll for deficiency, as provided in § 12 of this Article, when such special assessment is ordered, the Board of Trustees shall annex a warrant under the Seal of the village, signed by the Mayor of the corporation and countersigned by the Clerk, commanding the Receiver of Taxes in and for the Village of Fredonia to collect from the several persons named in the assessment roll the several sums mentioned in the last column of said roll opposite their respective names or so much thereof as shall be specifically ordered, together with the fees of such Receiver of Taxes, and cause such roll with said warrant thereto attached to be delivered to the Receiver of Taxes of the village. The Board of Trustees shall, by resolution, permit the several assessments in said roll, except the special assessments for deficiency provided for in § 12 of this Article, to be paid in ten (10) equal installments, the first installment, to wit, one-tenth (1/10) of the assessment, to be paid immediately, in which case the first warrant to the Receiver of Taxes shall command him to collect from the several persons named in the said assessment roll one-tenth (1/10) only of the several sums mentioned in the last column of such roll opposite the respective names of the persons assessed, except that in case of said special deficiency assessment, he shall be directed to collect the entire amount together with the fees therefor. The remaining nine (9) unpaid installments shall bear interest commencing at the expiration of ninety (90) days from the day the first warrant is delivered to said Receiver of Taxes. If the person assessed elects to pay at once the entire assessment, the said Receiver of Taxes shall take the same and give the party so paying a receipt in full for the entire assessment. After the expiration of one (1) year from the day of the delivery of the first warrant to the said Receiver of Taxes, said Board of Trustees shall annex to the said roll a second warrant similar to the first warrant, commanding the said receiver of taxes to collect the second unpaid installment and the interest thereon, together with his fees therefor; and from thence forth whenever any of the respective successive unpaid installments shall become due and payable, the Board of Trustees shall issue the proper warrant for the collection of the installment so due and payable, together with the interest, and attach the same to the said assessment roll and deliver the warrant so attached to the Receiver of Taxes, which warrant shall command the Receiver of Taxes to collect the installment due and payable, describing it, together with the interest thereon and his fees for collection, and so repeat the said warrant until all the said installments, together with the interest and fees, shall be fully paid, but in no case shall the rate of interest on such unpaid tax or the unpaid installments thereof exceed the rate of interest paid by the village upon the bonds issued, as hereinafter provided, by it on account of the street improvement. All warrants shall direct the Receiver of Taxes to accept the balance of any of said assessments due or to become due from any party assessed therefor. If any of said installments shall remain unpaid ninety (90) days after the time of the delivery of the warrants for the collection thereof, then and in that case the whole amount of the unpaid assessments against the defaulting party shall become due and be due immediately after the default so made, and the Board of Trustees shall, by its warrant, command the Receiver of Taxes to collect the same immediately. Whenever a special tax for deficiency, as provided in § 12 of this Article, is imposed, the Board of Trustees shall annex to the assessment roll a warrant under the Seal of the village, signed by the Mayor and countersigned by the Clerk, commanding the Receiver of Taxes in and for the village to collect from the several persons named in the assessment roll the several sums mentioned in the last column of said roll opposite their respective names, together with the fees of the said Receiver, and cause said roll with the warrants thereto attached to be delivered to the Receiver of Taxes of the village. Whenever a contract for any work connected with street improvements, as herein provided, has been entered into, it shall be the duty of the Board of Trustees, if it deems it necessary, to anticipate the collection of the taxes or assessments connected therewith by issuing bonds in the name and on the credit of the Village of Fredonia under the corporate Seal thereof, which bonds shall be signed by the Mayor and Clerk of the village. The Board of Trustees shall place the amount so raised with the Village Treasurer to the credit of the Street Improvement Fund. When such bonds shall be issued in anticipation of the collection of any assessments, the resolution directing the issuing of the bonds shall designate the particular assessments to anticipate which said bonds are to be issued. The Board of Trustees shall cause a copy of such resolution to be filed in the office of the Receiver of Taxes, and all sums thereafter received by said Receiver of Taxes upon such assessments shall be paid by the Receiver of Taxes to the village Treasurer and by him kept separate from the other funds and shall be applied to the payment of such bonds as fast as such bonds become due. The bonds herein provided to be issued in anticipation of the collection of assessments shall be made due and payable at a time or times not exceeding ten (10) years from the date of the first issue of such street improvement warrants with interest at a rate not exceeding six per centum (6%) per annum and be sold at not less than par; provided, however, that the entire issue of any such series of bonds shall be so made due and payable that at least one-tenth (1/10) of the total original indebtedness for such improvements shall be due and payable each year thereafter, together with all accrued interest on such bonded indebtedness, and further provided that nothing herein contained shall be so construed as to prevent the Board of Trustees from issuing such bonds in such form and manner that they may be paid in full at any time subject to the call or action of such Board of Trustees. 
     § 17. Accepted streets. [L. 1900, c. 67]
All streets or parts of a street paved at the time this Act takes effect or which will subsequently be paved or macadamized shall be deemed accepted streets within the meaning of this Article and shall be repaired when necessary. The repairing of such streets shall be paid from the fund known as the “Street Improvement Fund,” and that portion of any street which may be paved or macadamized and accepted, as herein provided, shall thereafter be exempt from taxes for the repair of the remaining portion of said street that is not paved or macadamized. The Street Commissioner shall cause the accepted streets to be repaired upon the order of the Board of Trustees and shall employ the necessary material therefor. When such work has been done or any material has been purchased, the Commissioner shall certify the expense of the same to the Board of Trustees. The Board of Trustees shall thereupon order a proper warrant for the payment thereof to be drawn on the Treasurer. For the purposes of this section, repairs of streets shall not include the repaving or remodeling of the streets. Where the Board of Trustees of the village has contracted for a portion of a street, the improvement of which has been petitioned for, the Board may extend such contract to complete such street as far as has been or may be petitioned for on the same terms as the terms of the original contract. Contracts entered into at the time that the amendment of this section takes effect and all acts of Boards of Trustees of the village heretofore done in pursuance of this Article are legalized, ratified and confirmed. 
     § 18. Street drainage facilities. [L.L. No. 1-2000] 
     A. The Board of Trustees, in its discretion, may provide that the cost of part or all of any street drainage improvements shall be borne partly by the Village at large and partly by the owners of the lands benefitted thereby; or such Board may provide that the cost of such improvements shall be borne by the Village at large; or such Board may provide that the cost of such improvements be assessed entirely upon the owner of the lands benefitted thereby.
     B. If all or part of the drainage improvements are to be borne by the owners of the lands benefitted, the procedures set forth in §§ 22-2200 and § 5-518 of the Village Law shall govern.
ARTICLE V
Sidewalks
     § 1. Repairing sidewalks. [L. 1902, c. 62; L. 1917, c. 7[12]]
The Board of Trustees shall direct the manner of making and repairing sidewalks and crosswalks in the village, and whenever any person owning or occupying any lands adjoining any highway or street within the limits of the village shall, with the consent of the Trustees of the village or a majority of them, grade and flag or construct a stone or cement sidewalk within such highway or street along the line of such lands so owned or occupied of the width of four (4) or more feet, it shall be the duty of the Trustees to examine the same when finished and, if found satisfactory in construction and material, to credit such owner or occupant therefor so much on account of his or her assessment for highway tax in the village as such Trustees shall deem necessary to pay, not to exceed three-fourths (3/4) of the actual and necessary expense of constructing such sidewalk, and deliver to said owner or occupant their certificate of the amount of such credit; but such credit shall in no case be less than three dollars ($3.) per linear rod for the amount of said walk so constructed and finished. If the Trustees find said walk or walks to be of less value than four dollars ($4.) per linear rod, then they are to give no credit whatever for the construction of the same. The Trustees of the village shall thereafter exempt the owner or occupant of such lands from highway taxes in the village until the amount of such exemption shall be equal to the sum of the credit for which said certificate was allowed. In cases where there is no stone or cement walk in front of premises having a frontage upon any street in the village, not exceeding three hundred (300) feet, whether owned or occupied by one (1) or more parties, and where stone or cement walks have been constructed under this Act on each side up to the line of said owners or occupants, the Trustees of the village may, by resolution, direct said owner or owners or occupant or occupants, within sixty (60) days after service upon said parties of said resolution, to construct upon the whole front of said premises adjoining any streets a stone or cement walk, as provided for in this Act, and if said parties shall not, within sixty (60) days, construct and lay said walk, the Trustees of the village may construct said walk and charge the cost and expenses thereof to the party or parties owning the land abutting upon said walk, and the same shall be a lien and charge upon the land and may be collected as other taxes are collected. The party shall have the certificates and credit and exemption, after payment of said walk to the village, as if said party had voluntarily constructed said walk under this Act. 
     § 2. Grade and ornamentation of sidewalks.
It shall be the duty of the owners or occupants of any lot or lots on any of the streets or highways in the village to grade, construct, repair and ornament with trees all sidewalks adjacent and on the same side of the street or highway with the lot or lots so owned or occupied by them respectively, in the manner and of the materials and kind and within such time as the Board of Trustees shall, by resolution or ordinance, direct; and if not so done by such owner or occupant, the Trustees may make or cause to be made such improvements and repairs and assess the expense thereof upon such owner or occupant in the manner prescribed in § 3 of this Article. 
§ 3. Expense of repairing sidewalks; how collected. [L. 1917, c. 7]
Whenever any of the improvements or repairs mentioned in the next preceding section of this Act shall be made by the Trustees of the village, they shall assess the expenses thereof of the village; they shall assess the expenses thereof upon the owners or occupants of the lands and premises adjacent and on the same side of the street or highway with said improvements and repairs, such expenses to be assessed to such owners or occupants by name when known to said Board and, when unknown, to the unknown owners shall be left with the Receiver of Taxes who shall give public notice in such manner as the Trustees may direct that the same has been left with him and that the said Trustees will, on a certain day to be fixed by the Trustees and therein stated, which shall not be less than ten (10) days from the first publication of said notice, proceed to examine, correct and confirm said assessment. During that period any person interested may appear before the Trustees and apply to have such assessment altered or corrected as may be just. The same may be so altered, corrected and confirmed by them without further notice. All such assessments shall be a lien upon the lands and premises respectively upon which they shall be made. Within twenty (20) days after the confirmation of such assessments, the same may be paid to the Receiver of Taxes of the village. If any such assessment shall remain unpaid at the expiration of said twenty (20) days, the Trustees shall issue their warrant to the Receiver of Taxes of the village, who shall proceed to collect the same out of the personal property of the persons assessed within thirty (30) days after the receipt thereof by him. If said Receiver of Taxes shall return said warrant at the expiration of the said thirty (30) days unsatisfied in the whole or in part or if the Receiver of Taxes shall return a warrant in his hands for collection, issued by the Trustees for any tax unsatisfied in whole or in part, for want of personal property out of which he could satisfy the same, it shall thereupon be lawful for the Trustees to cause a notice to be published under the direction of the Receiver of Taxes of the village in the newspaper or papers employed by them, for six (6) weeks successively, at least once in each week, requiring the owners or occupants of the lands and premises on which such assessment is made or such tax is levied to pay the same with the expenses to the Receiver of Taxes of the village by a certain time to be fixed by the said Trustees and therein to be specified, after the expiration of the said weeks or, in default thereof, that the premises will be sold at public auction at the time so specified for the lowest term of years for which any person will purchase or lease the same and pay the amount of such assessment, with expenses of such sale and conveyance, to be fixed by the Trustees. And if at the expiration of the time which shall be so specified the amount of such assessment, with expenses as aforesaid, shall not be paid, the said Trustees may cause such premises or so much thereof as they may deem necessary to be sold accordingly, and upon the completion of such sale and the payment by the purchaser or purchasers of the amount so to be paid, as aforesaid, they shall execute and deliver a conveyance under the corporate Seal, signed by the Mayor and attested by the Clerk of the village, to the purchaser or purchasers of said premises or to his, her or their assigns or legal representatives for the term for which the same shall have been sold; in which conveyance the proceedings had for the sale thereof shall be briefly set forth, and by the force thereof the purchaser or purchasers, his, her or their assigns and legal representatives shall be entitled to the possession of the said premises for the term therein specified; and it shall be the duty of all persons having possession thereof to surrender the same accordingly, and in default thereof, such purchaser or purchasers, his, her or their assigns and legal representative shall be entitled to the same remedy to recover such possession as is by law provided for the removal of tenants holding over after the expiration of their term or to such other remedy as is allowed by law. In any action or proceeding instituted to recover such possession, the plaintiff shall be required to prove that a demand of such possession has been made subsequent to the execution and delivery of the said conveyance, and no other notice to quit shall be necessary; and the said conveyance shall in any such action or proceeding be presumptive evidence of the facts therein recited and set forth. 
     § 4. Sidewalks on streets paved or improved.
The Board of Trustees is hereby empowered and authorized to create and establish sidewalk grades and to cause the sidewalks to conform thereto upon all the streets heretofore or hereafter paved or improved and to compel the adjoining property owners to cause the sidewalks adjoining their premises to conform to such established grade, and should any adjoining property owners fail or neglect to cause the sidewalk in front of his or its premises so to conform to the established and then existing grade in a manner to be approved of by the Village Engineer within fifteen (15) days after being so notified by the Street Commissioner, then the village shall have power through its proper officers or servants to cause the sidewalk adjoining the premises of such defaulting property owner to conform to the proper and established grade; and the expense thereof shall be chargeable upon such adjoining property and shall be a lien thereon to be enforced by an action at law or to be collected in the manner provided by law for the levying and collection of taxes.  
ARTICLE VI
Sewers
     § 1. Tax for construction. [L. 1929, c. 25]
The Trustees of the village may cause to be raised and collected a sum which shall not exceed five thousand dollars ($5,000.) in any one (1) year, in addition to any sum herein otherwise provided for, to be raised annually by general tax as a General Sewer Fund. The tax or taxes ordered to be raised pursuant to this section may be raised as a gross tax on one (1) assessment roll without specifying in such roll the purposes for which such moneys are to be raised, but the Trustees shall, in the order directing the assessment, specify the purposes for which such moneys are to be raised, with the amount thereof. 
     § 2. Construction, petition for; expenses.
It shall be the duty of the Trustees, and they are hereby authorized and empowered, to construct a sewer in any street or streets in the village, the size of which shall be fixed in the discretion of said Trustees, upon the petition of owners of a majority of linear feet of taxable real estate upon said street or streets abutting on or facing the proposed sewer and including the whole length thereof, if continuous, whether located upon or upon different streets; but before any such sewer shall be built, it shall be the duty of the Trustees to establish for assessment purposes a mean average size of pipe for sewers for all the streets of the village; and whenever a sewer shall be constructed under authority of this section, the estimated cost and expenses of a sewer of the same length and of the mean average size for sewers, as fixed by the Trustees, based on the actual cost of sewers built, shall be charged upon and collected from the property of said street or streets abutting on or facing said sewer in proportion to the cost and expenses of the sewer built in excess of the cost; and expenses of the mean average size for sewers, as assessed by the Trustees, shall be paid from the General Sewer Fund of the village. When the size of a sewer constructed in any street or streets, as ordered by the Trustees, shall be less than the established mean average size for sewers, the estimated cost and expenses of a sewer of the same length and of the mean average size for sewers, as fixed by the Trustees, based on the actual cost of sewer built shall be charged upon and collected from the property on such street or streets abutting on or facing said sewer, in proportion to the linear feet of each lot abutting on or facing said sewer; and the surplus of said assessment, after the cost and expenses of the sewer built shall have been paid, shall be added to the General Sewer Fund of the village. Where any sewer shall cross the intersection of more than two (2) streets in the village or where two (2) streets shall cross, the cost thereof for the width of said cross street or streets shall be paid from the General Sewer Fund of the village, and where streets intersect the street in which the sewer is laid and do not cross it, one-half (1/2) the cost of said sewer for the width of such intersecting streets shall be paid from the General Sewer Fund. Property situate on the corner of two (2) intersecting streets shall be taxed for sewer upon the street where a sewer is first ordered by the Board of Trustees and not for any sewer subsequently ordered upon the other adjacent street; and where sewers are ordered upon both such intersecting streets at one (1) time, the Board of Trustees shall decide, as may seem to it just, upon which of said streets such corner property shall be taxed for sewer; and the proportionate cost of sewer on the other one of said streets for the width of such lot on such other street shall be paid from the General Sewer Fund of the village. Expense of sewers in front of or adjacent to any public or nontaxable property shall be paid from the General Sewer Fund of the village. 
     § 3. Assessment of expenses.
Whenever any of the improvements mentioned in the next preceding section of this Article shall be made by the Trustees of the village, they shall assess the cost and expenses thereof upon the owners or occupants of the lands and premises adjacent, as provided in said section, such expenses to be assessed to such owners or occupant by name, when known to the Board of Trustees and, when unknown, to the unknown owners of such lands or premises describing the same; and the same proceedings shall be had and the said assessment shall be a lien upon the property, and all the rights and privileges given to such Trustees by this Act in relation to examining, confirming and collecting an assessment for repairs to sidewalks in the village are hereby granted to them in relation to examining, correcting, confirming and collecting said assessment. 
     § 4. Village Law. (L.L. No. 2-2004) 
     A. In addition to the authority granted to the Board of Trustees of the Village of Fredonia under the Charter of the Village of Fredonia, the Board of Trustees shall have all the powers and authority set forth in Article 14 of the Village Law of the State of New York relative to sewers.
     B. The Board of Trustees, in its discretion, may provide that the cost of part or all of any sewer system shall be borne partly by the Village at large and partly by the owners of the lands benefited thereby; or such Board may provide that the cost of such improvements shall be borne by the Village at large; or such Board may provide that the cost of such improvements be assessed entirely upon the owners of the lands benefited thereby.
     C. If all or part of the sewer improvements are to be borne by the owners of the lands benefited the procedures set forth in § 22-2200 and § 5-518 of the Village Law shall govern.
ARTICLE VII
Waterworks
     § 1. Board of Trustees to have charge of waterworks.
The Trustees of the Village of Fredonia shall be the Water Commissioners thereof and shall have supervision and control of the waterworks therein as provided by this Article. The Board of Trustees shall examine and consider all matters relating to supplying the village with pure and wholesome water, and for that purpose, it shall have power to employ engineers, surveyors and such other persons as shall be necessary for that purpose; and it shall adopt such plans as, in its opinion, may be most feasible for securing such supply of water and which shall embrace proper distribution of pipes and supplies for all streets and places where, in its opinion, it shall be for the interest of the village; and it shall have power to extend its distributing pipes, aqueducts and mains and to erect hydrants without the limit of the village and to sell, regulate, protect and control such portions of its works and the water supply thereof in the same manner that it may regulate, protect and control its works and the water supply within the village and shall ascertain the probable amount of money necessary to carry the same into effect; and for that purpose, it shall have the power to contract for and purchase and take by deed or other instrument, under Seal, in the name of the village, all lands, tenements, hereditaments, water or water rights or privileges or water whatever and situate at any place within the County of Chautauqua which may be required for the purpose to pay and justly compensate all persons and parties who may sustain damage by reason of the diversion of the natural flow of water in any streams to be affected by taking and using of any water for the use and purpose of this Act and to take releases and conveyances from the persons to whom damages may be paid and to contract for the execution of the work or any part thereof or the supply of any necessary material; and the Board of Trustees and its agents and employees are authorized to enter upon any land or water for the purpose of making surveys and to agree with the owner of the property, real or personal, which may be required from the purposes of this Act as to the amount of compensation to be paid such owner or, if it cannot agree with the owner, to acquire the same by condemnation. 
     § 2. Surveys and maps.
Before entering, taking or using any lands, rights or privileges for the purposes of this Act, the Trustees shall cause a survey and map to be made of the lands and water intended to be taken or entered upon for any of said purposes by and on which the land or water of each owner or occupant shall be designated, which map shall be signed by the Mayor and Clerk of the village and filed in the office of the County Clerk of Chautauqua County; said Trustees, by any of their officers, agents or servants, may enter upon any lands or waters for the purpose of making such surveys or map. 
     § 3. Use of streets.
The Trustees and all acting under their authority shall have the right to use the ground or soil under any street, highway or roads within the County of Chautauqua for the purpose of introducing water into and through any and all portions of the village, on condition that they shall cause the surface of such street, highway or road to be relaid and restored to its usual state and all damages done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes upon like conditions. 
     § 4. Rents.
The Trustees shall establish a scale of rents to be charged and paid to the Trustees, from time to time, either in advance or at such time or times as the Trustees shall prescribe, for the supply of water to be called “water rents,” and apportion to the different classes of buildings in the village in reference to their dimensions, value, exposure to fire, ordinary or extraordinary uses for dwellings, stores, shops, hotels, factories, livery stables, barns and other buildings, establishments or trades, yards, number of families or occupants or consumption of water, as near as may be practicable and, from time to time, either modify, amend, increase or diminish such rents. Said rents shall be made as nearly equitable between consumers as is practicable, and consumers of water for use in elevators, motor or boilers whose annual rent for such use is over twenty dollars may, on demand, have their rent readjusted for the year according to the quantity of water used at the established rate for all such consumers per thousand gallons. Said Trustees and their respective employees shall be authorized at all times to enter into any building or place where water is used from supply pipes to examine as to the water, quantity of water used and the manner of using it. 
     § 5. Connecting pipes.
The connecting or supplying pipes leading from buildings or yards to the distribution pipes shall be inserted and kept in repair at the expense of the owner or occupant of the building or yard and shall not be inserted or connected with the main pipe until a permit therefor shall be obtained from said Trustees or other persons having charge thereof, and all such connections or supplying pipes shall be connected and constructed in the manner directed by said Trustees or persons in charge. 
     § 6. Application of annual rents. [L. 1909, c. 78]
The entire annual receipts of water rents, after deducting therefrom such sums as may be necessary to defray the expenses of repairs of said waterworks and of extending the same, the payment of the interest on the loan authorized for the construction of such works by Chapter 67 of the Laws of 1882, the payment of the bonds as they mature and the interest thereon and other necessary expenses, shall be transferred to the general fund of the village. 
     § 7. Tax for deficiency. [L. 1909, c. 78]
In case the entire annual receipts for water rents, after deducting as in the preceding section provided, shall, in any year, not be sufficient to pay interest for that year on said loan or in case of any year when any of the principal of the loans secured by said bonds fall due, the amount of said receipts for water rents, after making said deduction, shall not be sufficient to pay said principal and also the said interest falling due that year, it shall be the duty of the Board of Trustees of the village, and it is hereby directed, to cause such deficiency to be assessed, levied and collected from the taxable property of the village at the same time and in the same manner as other expenses of the village are assessed, levied and collected, and the same shall be applied to the payment of such interest or principal, or both. 
     § 8. Bylaws.
The Board of Trustees shall have power, from time to time, to make and establish such bylaws, rules and regulations, not inconsistent with law, as it shall judge proper for enforcing the collection of water rents and manner of using water and generally for managing the waterworks of the village and may provide regulations as to the use of water and to enforce the observance thereof by cutting off the use and supply of water.  
ARTICLE VIII
Library
     § 1. Acquisition of property. [L. 1902, c. 62]
The Village of Fredonia, for the purpose of securing and establishing a public library for the use and benefit of the inhabitants of the village, is hereby authorized to take, by deed or other suitable articles of conveyances or transfers, and hold forever for the use and maintenance of such library, to be known as the “Darwin R. Barker Library Association of Fredonia, New York,” all such real and personal property as shall, from time to time, be donated to the village for the use and benefit of said library. The several donors for the use and benefit of said association may, in their deeds or articles of donation, specify the terms and conditions of their several donations, and the village, by a vote of the majority of its Trustees, may accept or reject donations, with or without conditions, as to them seem best for the interest of the village and the association. Whenever any such donation is once accepted, as hereinbefore provided, then the village must hold the same subject to the terms accompanying the donation. The Trustees may, in their discretion, issue bonds or other obligations of the village in an amount not exceeding three thousand dollars ($3,000.) for the purpose of a suitable site for a new library building. Such bonds or other obligations shall be payable within ten (10) years from the date of issue and may be made payable in ten (10) equal annual installments. They shall bear interest at the rate of not exceeding five per centum (5%) per annum and be sold at the best terms obtainable, not less than par. 
     § 2. Board of Directors.
The direction and management of the affairs of the association shall be under a Board of Directors consisting of nine (9) persons who shall be residents and citizens of the Village of Fredonia. The Directors in office when this Act takes effect shall continue in office hereunder. Whenever any vacancy occurs by death, resignation or removal from the village or from any cause any member of said Board becomes incapacitated to act, the place of such member shall be filled by a majority of the remaining members at a meeting called for that purpose upon due and proper notice to each member or at any meeting regularly called pursuant to the bylaws of said association. Such appointment shall be in writing, signed by a majority of the then acting Directors of said Board and shall be filed with the Secretary of said Board, but shall not be operative as an appointment until the person designated shall have filed a written acceptance of such appointment with the Secretary of the Board. Whenever a vacancy shall exist for a period exceeding six (6) months, by the neglect of the Directors to fill the same, the Trustees of the Village of Fredonia may, by a unanimous resolution approved by the Mayor of the village, fill such vacancy; and in case the Trustees neglect to fill the same within a reasonable time after the lapse of six (6) months, the Supreme Court shall have power to fill the same upon due notice, in writing, of at least thirty (30) days being given to the Board of Directors and to the Village of Fredonia. 
     § 3. Regulations and ordinances.
The Board of Directors and its successors shall have full power and authority to make such regulations and ordinances, from time to time, as it may think proper for the good order and convenience of those who may resort to the library or use the same and to make such bylaws as it shall deem suitable for conducting the business of the association and for the protection and preservation of its property; to appoint, direct, control and, at its pleasure, remove a superintendent of the library and all librarians and other persons necessary to be employed about the same and in general to have and use all powers and authority necessary for the promotion of the objects of the association. 
     § 4. When library to be open.
The library shall be accessible at all reasonable hours and times for general use upon such terms as the Board of Directors shall, by resolution, establish from time to time, and also provided that no books belonging to the reference library shall be removed from the library association building and no books belonging to the circulating library shall be loaned to any person to be removed from the Town of Pomfret. 
     § 5. Library subject to visitation of Supreme Court.
The library association shall be at all times subject to the visitation of the Supreme Court, which Court shall have full power over the same for the maintenance of the objects of the association and may, for good and sufficient cause shown, upon the application of any freeholder of the village and upon the notice, in writing, of at least twenty (20) days, served upon the Village of Fredonia and said Board of said application, remove any or all of the members of said Board and appoint others in their places or may designate and appoint a new Board, consisting of the same number of citizens of the village or any less number as the Court may deem best for the interest of the association. 
     § 6. Officers, election of.
The Board of Directors shall annually, on the first Monday of June, elect one (1) of its number to preside over said Board, who shall hold such office for any one (1) year and until his successor is chosen, and it may, at any time, appoint or remove a Secretary and Treasurer and any other subordinate officers which its business may require. The acts of a majority of the then existing Directors at any meeting duly called according to the bylaws of the association shall be valid. The said Directors shall not receive any compensation for their services, except should one (1) of their number be appointed Secretary, he may receive a reasonable compensation therefor.  
ARTICLE IX
Taxes and Assessments
     § 1. Annual village tax; limitation of tax levy. L.L. No. 5-2016 
          a. Pursuant to Section 5-514 (1) of the Village Law, the amount which may be raised by the Board of Trustees by general Village tax on real property in any fiscal year for Village purposes shall be the same amount as a village may raise under the provisions of Article 8 of the New York State Constitution.
          b. Any joint indebtedness shall be subject to the provisions of Section 5-514 (2) of the Village Law.
          c. It is the intent of § 1 of Article IX of the Village Charter to adopt the provisions of Section 5-514 of the Village Law of the State of New York as may be amended from time to time. Any provision of the Charter of the Village of Fredonia inconsistent herewith is hereby repealed.
     § 2. Assessment roll. [13][L. 1917, C. 7; L. 1926, C. 122]
The Receiver of Taxes of the Village of Fredonia shall each year copy from the assessment roll of the Town of Pomfret for that year, within ten (10) days after the time in which the Town Assessors are required by law to complete the assessment roll and to give notice of review thereof, the assessments of the valuation of all the real and personal property within the corporation limits of the Village of Fredonia, which copy, so made by said Receiver of Taxes, shall forthwith be filed in the office of the Receiver of Taxes of the village for inspection of any party interested. The Trustees of the village shall meet on the day on which the Assessors of the town are, by law, required to meet to review their assessment, and the Trustees shall have full authority for the village to review, correct and complete such assessment roll as copied by said Receiver of Taxes and to change the same to correspond with the assessment roll of the Town Assessors as changed by them upon review. The amount of valuation copied from the town assessment roll shall not be changed by the Trustees, except as herein provided. The Trustees of the village shall give, as near as practicable, the same notice and in the same manner of their meeting to review the assessment roll for the village as Town Assessors are by law required to give of their meeting for review of town assessments. If any real estate in the village is overlooked or omitted from the town assessment roll, the Trustees may put the same upon the assessment roll of the village and fix its valuation and apportionment for taxation, but no real estate shall be added to the village roll without notice, in writing, served upon the owner or occupant of said land at least ten (10) days before the meeting of the Trustees for review of their intention to consider and act upon the taxation of the property. The notice may be served personally upon the owner or occupant and left at his place of residence or sent by mail properly enclosed postpaid to the post office address of said owner or occupant. The village assessment roll, so made and reviewed, as herein provided by the Trustees of the village shall be the basis on which all taxes for general purposes for the next succeeding year shall be taxed and apportioned. The annual warrant for the collection of general taxes for the Village of Fredonia shall be issued to the Receiver of Taxes on or before June 15 of each year. The Trustees may, in their discretion, determine that the school taxes in the village shall be separately levied and collected. If the Trustees shall so determine, they shall, upon the completion and correction of the assessment roll, as provided by this section, and on or before the first day of September of each year, cause a correct copy thereof to be made and shall levy thereon the taxes required in pursuance of law by the Board of Education of Union Free School District Number 8 of the Town of Pomfret. The annual warrant for the collection of the school taxes levied on such separate roll shall be issued to the Receiver of Taxes on or before October 1 of each year. 
     § 3. Apportionment of tax; warrant.
Whenever the Trustees shall, pursuant to the provisions of this Act, direct any sum of money to be raised by a general tax, it shall be the duty of the Village Clerk to apportion the same to be raised upon the last assessment roll of the village, with such sum in addition hereto as the Trustees shall direct as the fees for collecting the same, according to the valuation therein contained. He shall complete such apportionment upon said roll within ten (10) days after the meeting at which such tax was directed to be raised. The Trustees shall endorse on or annex to said roll their warrant for the collection of the taxes therein mentioned. 
     § 4. Poll tax.
The Board of Trustees shall prescribe by ordinance the amount of poll tax to be paid by every voter in the village, not to exceed one dollar ($1.), who shall not be assessed on real or personal property in the village during the then current year and to direct the entry by the Assessors on the general tax roll of the village the name of every person liable to a poll tax and the amount of such tax as fixed by the Trustees; and such poll tax, when collected, shall belong to the contingent fund of the village in addition to the amount directed by the Trustees to be raised by general tax. 
     § 5. Powers of Receiver of Taxes. [L. 1917, c. 7]
The Receiver of Taxes of the village shall have the same powers in the collection of taxes and assessments, under warrants to be issued to him by the Trustees for that purpose, as herein provided, as collectors of taxes in towns under warrants issued by Boards of Supervisors. 
     § 6. Reassessment of tax against nonresidents. [L. 1917, c. 7]
If any tax assessed against unoccupied real estate belonging to nonresident owners shall be returned by the Receiver of Taxes unpaid, it shall be lawful for and shall be the duty of the Receiver of Taxes to enter on the assessment roll of the year next after such tax is assessed the amount of such unpaid tax, together with the interest on the same at the rate of ten per centum (10%) per annum in addition to the tax for the then current year, and the Receiver of Taxes shall have power to collect the said tax from the personal property of the owner or occupant of said land; and in case of his failure or inability to so collect such tax, the Trustees may proceed to sell the said real estate according to the provisions of § 3 of Article V of this Act. 
     § 7. Tax to pay for buildings. [L.L. No. 1-1972]
The Trustees of said village are hereby authorized and empowered to assess upon the taxable property in said village any sum or sums which may at any time be required for the purchase of real estate on which to erect buildings for educational or other public purposes, and said Trustees shall have the power by a majority vote to sell and for a proper consideration to convey all of the title and interest of the village in and to any land or property owned by the village, but not in actual use by the village.  
ARTICLE X
Miscellaneous Provisions
     § 1. Actions to recover tax; action on official bonds. [L. 1917, c. 7]
The Trustees shall have power to collect by civil action in the corporate name of the village any tax or assessment imposed, pursuant to the provisions of this Act, against any person, association or corporation, which shall be returned by the Receiver of Taxes unpaid, and may maintain actions upon the official bond of any officer of said corporation for any default in the condition thereof. 
     § 2. Arrest without process.
The Mayor and Trustees of the village, the Village Constable and the Constables of the Town of Pomfret shall be ex officio Constables and have power, and it shall be their duty, without process, to arrest and forthwith take before any Justice of the Peace residing in the village for examination or trial any person or persons guilty, in his or their presence, of violating any of the provisions of this Act or of any bylaws, ordinance rule or regulation of the village or of any felony or misdemeanor. 
     § 3. Competency of Judges and jurors.
No person shall be incompetent as a Judge, Justice or juror or witness by reason of his being an inhabitant or freeholder in the village or any officer thereof shall be a party or interested. 
     § 4. Bylaws, ordinances, rules and regulations continued.
All bylaws, ordinances, rules and regulations of the Board of Trustees of the village, adopted in pursuance of any law repealed by this Act and in force when this Act takes effect, are continued with the same force and effect hereunder, except insofar as they are inconsistent with the provisions of this Act. 
     § 5. Laws repealed.
Of the laws enumerated in the schedules hereto annexed, that portion specified in the last column is repealed.[14] 
     § 6. When effective.
This Act shall take effect immediately.   
[1].  Editor’s Note: See Ch. A306, Annexations, for additional territory annexed to the Village of Fredonia from the Town of Pomfret.
[2].  Editor’s Note: For Village Justice, see Ch. 39, Justice, Village.
[3].  Editor’s Note: This local law received the affirmative vote of the majority of the qualified electors voting thereon at the general election held 3-11-2013. 
[4].  Editor’s Note: This local law received the affirmative vote of the qualified electors voting thereon at the general election held March 14, 1994. Said local law further provides that any other provisions of the Village Charter to the extent inconsistent herewith are hereby repealed.
[5].  Editor’s Note: This local law received the affirmative vote of the qualified electors voting thereon at the general election held March 14, 1994. Said local law further provides that any other provisions of the Village Charter to the extent inconsistent herewith are hereby repealed.
[6].  Editor’s Note: This local law received the affirmative vote of the majority of the qualified electors voting thereon at the general election held 3-11-2013. 
[7].  Editor’s Note: This local law received the affirmative vote of the majority of the qualified electors voting thereon at the general election held 3-11-2013. 
[8].  Editor’s Note: This local law received the affirmative vote of the majority of the qualified electors voting thereon at the general election held 3-11-2013. 
[9].  Editor’s Note: This local law also provided that § 4 was adopted by resolution of the Board of Trustees on 9-9-2002, subject to permissive referendum. No petition requiring a referendum was filed.
[10].  Editor’s Note: Local Law No. 4-1997, adopted 7-14-1997, enacted a new § 14(21), regarding the promotion of cultural activities at the Village of Fredonia Opera House. Said local law expired 1-1-1998.
[11].  Editor’s Note: See now the Criminal Practice Law and Rules.
[12].  Editor’s Note: Pursuant to resolutions dated 8-10-1925 and 8-24-1925, this section was changed to fifty-percent rebate.
[13].  Editor’s Note: Section 8 of L.L. No. 1-1989, enacted 4-10-1989, stated that any provision of this § 2 of Art. IX inconsistent therewith shall be repealed. For the remainder of L.L. No. 1-1989, see Ch. 7, Assessment of Property.
[14].  Editor’s Note: The Schedule of Laws Repealed is included at the end of this Charter.