154 N.Y.S. 346 | N.Y. App. Div. | 1915
Chapter 58 of the Laws of 1914 is entitled “ An act to amend the charter of the city of Schenectady, in relation to city and ward boundaries,” and provides for taking into the city of Schenectady portions of the towns of Botterdam and Niskayuna. Section 5 of the act provides that the members of the common council of the city of Schenectady and the members of the town board of each such town shall severally constitute auditing boards for the purpose of adjusting town liabilities under the preceding section, and that within ninety days of the time the act takes effect they are to meet and “ ascertain and audit all debts, claims, demands and charges against the town,” etc., and section 6 of the same act provides that “ the debts, demands, claims and charges against the common school district which includes such added territory shall be apportioned and adjusted between the city and such school district in the same manner, so far as practicable, as between the city and one of such towns of which a portion is added to the city by this act, except that the board of audit shall consist of the common council of the city and the trustees of such school district and the school district tax roll shall be used as the basis of adjustment and apportionment, and except that the city and the portion hereby annexed shall not be liable for any portion of a bonded debt of the school district incurred subsequent to January first, nineteen hundred and fourteen, for the construction of a school house in the portion of the school district not included by this act in the city of Schenectady.” So far it is clear that the Legislature has not intended to vest in this body, created for a
In addition to the provisions of section 6 of the act it was provided by section 1 that “ The title to all real property, if any, of said school district located within the added territory, shall vest in the city, and the value thereof, as determined by the board of audit constituted by this act for apportioning liabilities between the town and such school district, shall be taken into account in fixing the city’s liability for any outstanding bonds of the school district issued and sold for the pur
The auditing board created by the statute held meetings and it was recognized that bonds to the amount of $13,000 constituted an existing debt against the school district, and these were apportioned to the school district and to the city of Schenectady for payment on the basis of the assessment roll, and no one raises any question that this was a proper disposition to he made of this debt. The difficulties arise over the action of the board in attempting to turn over to the city of Schenectady certain insurance moneys. On the 13 th day of November, 1913, the schoolhouse in the school district here ■under consideration was destroyed by fire, with a portion of its contents. The building was insured for $16,000 and the personal property for $5,000. In the adjustment with the insurance companies the school district received $16,000 of insurance on the building and $3,708.27 for the personal property destroyed, and the board of audit has apportioned both of these
We are of the opinion that the board of audit did not have .jurisdiction of the insurance moneys arising from the destruction of the real estate belonging to the school district, and that in this regard the determination of the board of audit should be set aside.
We are persuaded that the contention of the relators that the act is unconstitutional because of its provisions exempting the city of Schenectady from liability upon the bonds issued subsequent to January first is without merit, and that the amount claimed by the school district for tuitions for pupils from the annexed district is not due because of the fact that, so far as appears, the pupils were merely receiving what had already been provided for out of the tax levy for the then current year.
We find no reason for interfering with the other provisions of the audit. We think the audit should be amended by striking out the provision distributing any portion of the $16,000 of real estate insurance, and as so modified approved, without costs.
All concurred.
Determination modified as per opinion, and as modified affirmed, without costs.