NY-SCC Second Class Cities Law NY

Short title. This chapter shall be known as the "Second Class

Cities Law."

Term city defined. The term "city," when used in this chapter,

means a city of the second class.

Corporate powers. The citizens of the state of New York, from

time to time inhabitants of the territory comprised within the

boundaries of the city, shall continue to be a municipal corporation in

perpetuity under its corporate name, and the same shall in that name be

a body politic and corporate in fact and in law, with power of perpetual

succession. The city shall have power:

1. To take, purchase, hold, lease, sell and convey such real and

personal property as the purposes of the corporation may require.

2. To take by gift, grant, bequest and devise and hold real and

personal estate absolutely or in trust for any public use including that

of education, art, ornament, health, charity or amusement, for parks or

gardens, or for the use or erection of statues, monuments, buildings or

structures, upon such terms or conditions as may be prescribed by the

grantor or donor and accepted by said corporation and to provide for the

proper administration of the same.

3. To make, have and use, and from time to time alter, a common seal.

4. To contract and be contracted with, to sue and be sued, to complain

and defend and to institute, prosecute, maintain and defend any action

or proceeding in any court.

5. To have and exercise all of the rights, privileges and jurisdiction

essential to a proper exercise of its corporate functions, including all

that may be necessarily incident to, or may be fairly implied from, the

powers specifically conferred upon such corporation.

6. To have and exercise all the rights, privileges, functions and

powers now prescribed and exercised by it under existing or subsequent

laws and not inconsistent with the provisions of this chapter.

Application of chapter. A provision of this chapter shall apply,

according to its term, only to a city of the state which on the

thirty-first day of December, nineteen hundred and twenty-three was a

city of the second class, until such provision is superseded pursuant to

the municipal home rule law, was superseded pursuant to the former city

home rule law or is or was otherwise changed, repealed or superseded

pursuant to law.

Officers. City officers, within the meaning of this chapter,

include all persons elected or appointed to any office of the city

created or authorized by this chapter or otherwise by law.

Elective officers. There shall be elected by the qualified

electors of the city, a mayor, comptroller, treasurer, president of the

common council and four assessors. There shall be elected by the

qualified electors of each ward of the city an alderman and a

supervisor. There shall also be elected by the qualified electors of

the city and of the wards thereof such other officers as may be provided

by law.

Appointive officers. There shall be appointed by the mayor a

corporation counsel, city engineer, commissioner of public works,

commissioner of public safety, commissioner of public welfare and sealer

of weights and measures. The commissioner of public welfare shall be

appointed in accordance with the provisions of section one hundred

sixteen of the social welfare law. Other officers may be appointed as

provided in this chapter or otherwise by law. All appointments to any

city office shall be evidenced by a certificate in writing, signed by

the appointing officer and filed forthwith in the office of the city

clerk. If an appointment be made by the common council such certificate

shall be signed by the officer presiding at the time the appointment was

made and attested by the city clerk.

Terms of office. The term of office of each elective officer,

unless elected to fill a vacancy then existing, shall commence on the

first day of January next succeeding his election. The term of office of

each appointive officer shall commence on the day succeeding his

appointment unless a different date is specified in the certificate of

appointment. The term of office of the mayor, comptroller, treasurer and

president of the common council shall be two years. The term of office

of alderman and supervisor shall be two years. The term of office of the

assessors shall be four years, except that at the city election first

held in the city after the same shall have become a city of the second

class and the provisions of this chapter relating to the election of its

officers shall have become applicable thereto, two of the assessors

shall be elected for a term of two years and two for a term of four

years. The term of office of the corporation counsel, city engineer,

commissioner of public works and sealer of weights and measures shall be

two years, unless sooner removed by the mayor. The term of office of the

commissioner of public welfare shall be five years. Where the term of

office of an appointive officer is not specifically fixed by statute it

shall be deemed to continue only during the pleasure of the officer,

officers, board or body authorized to make the appointment.

Elections. All elections of city officers, including supervisors

and judicial officers of a city court or inferior local court, shall be

held on the Tuesday succeeding the first Monday in November, and, except

to fill vacancies, in an odd-numbered year. All such elections shall be

held at the same time and places as the general election held in such

year, and shall be conducted in all respects in the same manner as

general elections in cities are required to be conducted, and all the

provisions of law relative to such elections shall be applicable to the

election for officers of the city. In case of the failure to elect an

elective city officer, except as otherwise provided herein, the office

shall be deemed to be vacant for the purpose of choosing a successor and

the vacancy shall be filled in the manner provided herein for the

filling of a vacancy in such office happening otherwise than by

expiration of term.

Vacancies. If a vacancy shall occur, otherwise than by

expiration of term, in an elective office of the city, including that of

supervisor, the mayor shall appoint a person to fill such vacancy. The

person so appointed to such vacancy shall hold office until the

commencement of the political year next succeeding the first annual

election after the happening of the vacancy at which a successor can be

elected for the balance of the unexpired term, if any. If a vacancy

shall occur in an appointive office of the city, otherwise than by

expiration of term, the officer, officers, board or body authorized to

make appointment to such office for the full term shall appoint a person

to fill such vacancy for the balance of the unexpired term.

Additional fees or compensation not to be paid. No officer of

the city, except corporation counsel, a justice of a city court, acting

as clerk of said court, city marshal, marshal of a city or municipal

court, commissioners of deeds and city officers acting as commissioners

of deeds, shall have or receive to his use any perquisites, compensation

or fees for services pertaining directly or indirectly, or which may

hereafter be added to the duties of his office, in addition to his

salary; and all perquisites, compensation and fees paid to and received

by any such officer for services pertaining directly or indirectly, or

which may hereafter be added to the duties of his office, other than his

salary received from the city, shall be the property of the city, and

shall be paid by the officer receiving the same into the city treasury.

The compensation of all the officers, clerks and subordinates in the

several departments shall not exceed in the aggregate the appropriation

made by the board of estimate and apportionment for that purpose.

Official undertakings. No person elected or appointed to a city

office shall enter upon or continue in the discharge of the duties of

his office until he shall have executed and filed with the city clerk

the official undertaking, if any, required to be given and the same

shall have been approved as to its form and validity by the corporation

counsel and as to the sufficiency of the sureties by the mayor. All such

undertakings shall be recorded in the office of the city clerk. In

addition to the city officers required in this chapter, or otherwise by

law, to give official undertakings, the common council may require any

other city officer to give an official undertaking in such penal sum and

with such conditions and sureties as it shall direct and approve. It may

also, in a proper case, require an undertaking of any officer in

addition to that required by law. The mayor shall examine the

sufficiency of the proposed sureties of any officer or person from whom

an official undertaking is required and may require such sureties to be

examined on oath as to their property qualifications and liabilities.

The deposition of each surety shall be reduced to writing, subscribed by

him, certified by the officer administering the oath and annexed to and

filed with the undertaking. In case any city officer shall fail to file

the required official undertaking, if an elective officer, within thirty

days after receipt of his certificate of election, and if an appointive

officer, within fifteen days after receipt of notice of his appointment,

the office shall be deemed to be vacant and the vacancy shall be filled

in the manner herein provided for the filling of a vacancy therein

happening otherwise than by expiration of term. The official undertaking

of a city officer shall not be a lien upon real estate owned by him or

the sureties on such undertaking.

Holding more than one office. No person shall, at the same time,

hold more than one city office. Upon the acceptance by a city officer

of a second office the office first held by him shall thereupon become

vacant. The term "city officer" as used herein, however, shall not be

deemed to include a commissioner of deeds.

Charges against city officers. Whenever it is provided herein,

or otherwise by law, that an officer of the city shall hold office

during good behavior or shall be removed only upon charges, such charges

shall be for disability for service or neglect or dereliction of

official duty or incompetency or incapacity to perform his official

duties or some delinquency materially affecting his general character or

fitness for the office, unless otherwise specifically provided by law.

Where the charges are for disability for service, the examination shall

be one of inquiry only and the decision made in a proper case, may be

for honorable discharge from service. In all other cases the examination

shall be a trial, conducted under such reasonable rules and regulations

as shall be prescribed by the officer, officers, board or body before

whom the trial is held. Whenever an elective city officer shall be or

become permanently disabled, or permanently incapacitated and is thereby

rendered incapable of performing his official duties during the

remainder of his term of office, such officer may be removed upon

charges and after hearing, in the same manner as is provided herein or

otherwise by law, for the removal of appointive officers of the city.

Office hours. Unless otherwise provided by law, the city offices

shall be kept open for the transaction of business each day in the year,

Sundays and legal holidays excepted, from ten o'clock in the forenoon

until four o'clock in the afternoon, except that the offices of

comptroller, city treasurer and the office for the collection of water

rents, shall be kept open as aforesaid from ten o'clock in the forenoon

until three o'clock in the afternoon. The common council may from time

to time direct any city office to be kept open at such other hours as

public convenience may require.

Officers, trustees of public property. The common council and

the several members thereof, and all officers and employees of the city

are hereby declared trustees of the property, funds and effects of said

city respectively, so far as such property, funds and effects are or may

be committed to their management or control, and every taxpayer residing

in said city is hereby declared to be a cestui que trust in respect to

the said property, funds and effects respectively; and any co-trustee or

any cestui que trust shall be entitled as against said trustees and in

regard to said property, funds and effects to all the rules, remedies

and privileges provided by law for any co-trustee or cestui que trust;

to prosecute and maintain an action to prevent waste and injury to any

property, funds and estate held in trust; and such trustees are hereby

made subject to all the duties and responsibilities imposed by law on

trustees, and such duties and responsibilities may be enforced by the

city or by any co-trustee or cestui que trust aforesaid. The remedies

herein provided shall be in addition to those now provided by law.

Annual reports of departments. The several heads of departments

shall present to the mayor annually, on or before the first Monday of

December, a report of their proceedings during the preceding year. The

mayor shall transmit the same to the common council with any

recommendation he may think proper to make, but nothing in this section

contained shall be construed to relieve such heads of departments from

furnishing such other information as may be required by the mayor at any

time.

Legislative power. The legislative power of the city is vested

in the common council thereof, and it has authority to enact ordinances,

not inconsistent with law, for the government of the city and the

management of its business, for the preservation of good order, peace

and health, for the safety and welfare of its inhabitants and the

protection and security of their property; and its authority, except as

otherwise provided in this chapter, or by law, is legislative only.

Members; president; organization of council. The aldermen of the

city shall constitute the common council thereof. The members of the

common council shall meet in the room provided for the purpose on the

second day of January after their election, or if that be Sunday, then

on the next day, and organize. The president shall preside at all

meetings and discharge such other duties as may be defined by ordinance

of the common council and otherwise by law. The common council may at

any regular meeting, elect one of its members president pro tempore to

act during the temporary absence or disability of the president and who

shall be the president of the common council in case of a permanent

vacancy in that office. Until such permanent vacancy shall be filled,

the mayor shall preside over the meetings of the common council. Until

such a vacancy is filled the common council shall transact no business

except to adjourn from time to time. The president may vote like other

members of the common council upon all resolutions and ordinances

submitted to the body for its action in case of a tie vote, and when a

member of the common council is elected president, he shall be entitled

to vote as a member of the common council. The president of the common

council shall have the power of commissioner of deeds.

City clerk. The common council shall choose a clerk to hold

office during the term for which its members were elected, unless sooner

removed by a vote of three-fourths of all the members of the common

council. He shall be the city clerk and shall attend the meetings of the

common council, keep a journal of its proceedings and discharge such

other duties as may be prescribed by law or ordinance. He may appoint,

to hold office during his pleasure, a deputy and such other subordinates

as may be prescribed by the board of estimate and apportionment. In case

of the absence or disability of the city clerk or a vacancy in the

office, the deputy shall discharge the duties of the office until the

city clerk returns, his disability ceases or the vacancy is filled. It

shall be the duty of the said clerk to transmit to the head of each

department and the clerk of each board, copies of all ordinances in any

manner affecting any of the matters of which any such department or

board shall have jurisdiction. He shall have the custody of the city

seal. Said clerk and deputy clerk shall each have the power of a

commissioner of deeds.

Meetings. The common council shall hold regular meetings at

times to be determined by it from time to time. The president of the

common council, or a majority of its members, may call a special meeting

of the common council by causing a written notice thereof, specifying

the objects of the meeting, to be served by the city clerk upon each

member personally or by mail, directed to his place of residence or

place of business, at least twenty-four hours before the time fixed for

such meeting.

Powers. The common council shall determine the rules of its own

proceedings and be the judge of the election, returns and qualifications

of its members. Its meetings shall be public and its records open to

public inspection, and a majority of all its members shall constitute a

quorum to do business. The common council may compel the attendance of

absent members at any meeting properly called, and may punish or expel a

member for disorderly conduct, for a violation of its rules or for

official misconduct, or declare his seat vacant by reason of absence,

provided such absence has continued for the space of two months; but no

expulsion shall take place and no vacancy on account of absence be

declared except by the vote of three-fourths of all the members of the

common council, nor until the delinquent member has had an opportunity

to be heard in his defense. All appointments or designations made by the

common council shall be determined upon a vote taken by a roll call of

its members, and a statement of the choice of each member or the yeas

and nays, if any, shall be entered upon the journal.

Legislative acts. All the legislative acts of the common council

shall be by ordinances, and on the passage of every ordinance, the yeas

and nays of the members voting thereon shall be entered in full upon the

journal. The passage of an ordinance shall require the affirmative vote

of at least a majority of all the members of the common council. No

ordinance shall be passed by the common council on the same day in which

it is introduced, except by unanimous consent.

Appropriations. No appropriation of money shall be made for any

purpose except by ordinance specifying each item, the amount thereof,

and the department or specific purpose for which the appropriation is

made.

Disposition of real estate; franchises. No ordinance shall be

passed making or authorizing a sale or lease of city real estate or of

any franchise belonging to or under the control of the city except by

vote of three-fourths of all the members of the common council. In case

of a proposed sale or lease of real estate or of a franchise, the

ordinance must provide for a disposition of the same at public auction

to the highest bidder, under proper regulations as to the giving of

security and after public notice to be published once each week for

three weeks in the official paper or papers, provided, however, that

where the real estate proposed to be sold or leased was acquired by the

city pursuant to the provisions of section seventy-two-k or

seventy-two-m of the general municipal law for the purposes set forth

therein, or where such real estate is owned by the city and devoted to

such purposes, the ordinance may provide that such real estate shall be

sold or leased to the highest responsible bidder upon sealed bids after

notice thereof has been published in the same manner as hereinbefore set

forth for sale or lease by public auction. Such notice shall contain a

statement of the time and place where all bids received in pursuance

thereof will be publicly opened and read, and pursuant to such notice,

all bids received shall be publicly opened and read at the time and

place so specified. A sale or lease of real estate or a franchise shall

not be valid or take effect unless made as aforesaid and subsequently

approved by a resolution of the board of estimate and apportionment or

other governing body. No franchise shall be granted or be operated for a

period longer than fifty years. The common council may, however, grant

to the owner or lessees of an existing franchise, under which operations

are being actually carried on, such additional rights or extensions in

the street or streets in which the said franchise exists, upon such

terms as the interest of the city may require, with or without an

advertisement, as the common council may determine; provided, however,

that no such grant shall be operative unless approved by the board of

estimate and apportionment or other governing body, and also by the

mayor.

Procedure after passage of ordinance. Every ordinance of the

common council shall immediately after its passage be separately

engrossed and signed by the president and attested by the clerk. The

clerk shall thereupon present the same to the mayor. If the mayor

approve it he shall sign it and return it to the clerk, and the

ordinance shall thereupon take effect. If he disapprove it, he shall

return it to the clerk with his objections stated in writing, and the

clerk shall present the same with such objections to the common council

at its next regular meeting. The common council may, within thirty days

thereafter, reconsider the same; if, after such reconsideration,

three-fourths of all the members of the common council shall vote to

pass the ordinance the same shall take effect notwithstanding the

objections of the mayor, unless a greater number of members were

necessary according to the provisions of this chapter for the original

passage of the ordinance, in which case unless as many members as were

requisite for the original passage of the ordinance shall vote to pass

the ordinance it shall not take effect. If any ordinance shall not be

returned by the mayor to the clerk within ten days after it shall have

been presented to him, or if such ordinance shall be returned within

such period without the mayor's approval or disapproval, the same shall

take effect in like manner as if the mayor had approved and signed it.

If any ordinance presented to the mayor contains several items of

appropriation of money or embraces more than one distinct subject, the

mayor may approve the provisions relating to one or more items or one or

more subjects and disapprove the others. In such case those items or

subjects which he shall approve shall take effect and he shall append to

the ordinance at the time of signing it a statement of the items or

subjects which he disapproves and said items or subjects so disapproved

shall not take effect. He shall return to the clerk a copy of such

statement and the items or subjects disapproved may be separately

reconsidered by the common council and shall only become effective if

again passed by it as above provided. All the provisions of this section

in relation to ordinances disapproved by the mayor shall apply in cases

in which he shall disapprove any item or subject contained in an

ordinance appropriating money or embracing more than one distinct

subject.

Record of ordinances. Every ordinance shall, upon its taking

effect as herein provided, be recorded in a book kept for that purpose

by the clerk. Such records shall include the signature of the president,

attestation of the clerk and the mayor's written approval, or in case of

his disapproval a memorandum of its passage over his veto; or in case

the ordinance took effect because he failed to approve or disapprove and

return within ten days, then a memorandum to that effect. Such record or

a certified copy thereof, shall be presumptive evidence of the passage

of the ordinance and of the facts certified. The original engrossed

ordinances for each year shall be bound together and kept in the custody

of the clerk.

Regulations of duties of officers. The common council may, by

ordinance passed by three-fourths of all its members, not inconsistent

with this chapter, or other laws of the state, regulate the powers and

duties of any city officer or department; and it has power to

investigate all city officers and departments and shall have access to

all records and papers kept by every city officer or department, and has

power to compel the attendance of witnesses and the production of books,

papers or other evidence at any meeting of the common council or of any

committee thereof, and for that purpose may issue subpoenas signed by

the president.

Executive functions; how performed. Whenever an executive or

administrative function is by law or ordinance of the common council

required to be performed, the same shall be performed by the proper

executive or administrative officer or department, designated in the law

or ordinance, and in case no such designation be thus made the mayor

shall make the same, but no ordinance shall be passed interfering with

the exercise of the executive functions of the officers, departments and

boards of the city, as provided in this chapter or otherwise by law.

Penalties for violation of ordinances. Any person violating an

ordinance of the common council shall be guilty of a misdemeanor, except

that an ordinance may provide that a violation thereof shall be an

offense, and the common council may provide therein or by general

ordinance, that any person guilty of such violation shall be liable to a

fine which shall not exceed one hundred and fifty dollars in amount, or

to imprisonment not exceeding one hundred and fifty days, or to both

such fine and imprisonment, or such ordinance may provide for a penalty,

not exceeding five hundred dollars to be recovered by the city in a

civil action. The city may maintain an action or proceeding in a court

of competent jurisdiction to compel compliance with, or to restrain by

injunction the violation of, any ordinance of the common council or of

the commissioner of public safety, notwithstanding that the ordinance

may provide a penalty for such violation.

Designation of official papers; official printing. At the first

meeting of the common council for the purpose of organization, as

provided herein, it shall designate not more than two newspapers

published in the city to be the official paper or papers of the city.

The common council may, by two-thirds vote of all its members, determine

to designate but one official paper, in which case it shall designate a

daily newspaper, and the paper receiving the highest number of votes

shall be the official paper for two years and until a successor is

designated. Unless the common council shall so determine to designate

but one official paper, it shall designate two official papers, of

opposite political faith, and of which at least one shall be a daily

newspaper, and each member shall be entitled to vote for but one paper,

and the two papers having the highest number of votes shall be the

official papers for two years and until a successor or successors shall

be designated. Such official paper or papers shall publish such matters

and in such form as shall be prescribed by statute or otherwise by

general ordinance of the common council. In case an official paper shall

refuse or fail to act or perform as such, the common council may in its

discretion, as hereinbefore provided, designate a successor. All bills

and accounts for publication in official newspapers and all city

printing and advertising shall be a city charge, and shall be paid by

the treasurer upon the audit of the comptroller. The common council may,

by general ordinance, prescribe the form in which the proceedings and

reports of the city officers, boards and departments shall be issued,

and the printing and binding of the same shall be performed under

contract awarded as in the case of other city contracts.

Penalties. Any member of the common council who shall knowingly

or unlawfully disregard any provision of law applicable to the members

thereof, or who shall vote for any ordinance or measure in violation of

the law, or any appropriation unauthorized by law or in excess of the

amount authorized by law, or for any illegal or injurious disposition of

corporate property rights or privileges, shall be guilty of a

misdemeanor and liable to the punishment and penalty prescribed

therefor, and every member voting in favor thereof shall be individually

liable to refund the amount to the city at the suit of any taxpayer.

Executive power. The executive power of the city is vested in

the mayor, and in such executive officers and departments as are or may

be created by law, or by ordinance of the common council.

Acting mayor. Whenever there shall be a vacancy in the office of

mayor, or whenever by reason of sickness or absence from the city the

mayor shall be prevented from attending to the duties of the office, the

president of the common council shall act as mayor and possess all the

rights of mayor during such period of disability or absence. In case of

a vacancy in the office of mayor he shall so act until noon of the first

day of January next succeeding the election at which the mayor's

successor shall be chosen. It shall not be lawful for the president of

the common council when acting as mayor in consequence of the absence or

sickness of the mayor to exercise any power of appointment or removal

from office unless such sickness or absence shall have continued for a

period of thirty days; or to sign, approve or disapprove any ordinance

or resolution unless such sickness or absence shall have continued for a

period of at least nine days.

Secretary and assistants. The mayor shall appoint a secretary

and such other assistants as may be prescribed by the board of estimate

and apportionment.

Duties of mayor. It shall be the duty of the mayor to see that

the city officers and departments faithfully perform their duties; to

maintain peace and good order within the city; to take care that the

laws of the state and the ordinances of the common council are executed

and enforced within the city; to communicate by written message to the

common council at least once a year a statement of the finances and

general conditions of the affairs of the city, and with such

recommendations in relation thereto as he may deem proper; to give such

information in relation to the same as the common council may from time

to time require; and to call a special meeting of the common council

whenever in his judgment it is required by public necessity. He shall

also receive and examine into all complaints made against any city

officer for neglect of duty or malfeasance in office.

Execution of deeds and contracts. The mayor shall, on behalf of

the city, execute all deeds and contracts made by it and shall cause to

be affixed thereto the city seal.

Examination of books and accounts. The mayor shall have

authority at all times to examine the books and papers of any officer,

employee or department of the city and, as often as he may deem proper,

to appoint one or more competent persons to examine, without notice, the

accounts of any city officer or department, and the money, securities

and property belonging to the city in the possession or charge of any

officer or department and to report the result of such examination; and

he may administer oaths to witnesses and take affidavits in all cases

relating to the affairs of the city.

Additional powers and duties. The mayor shall have such other

powers and perform such other duties as may be prescribed in this

chapter or by other laws of the state or by ordinance of the common

council, not inconsistent with law. In case of riot, conflagration or

other public emergency requiring it, the mayor shall have power to call

out the police and firefighters; he or she shall also have power to

appoint such number of special police officers as he or she may deem

necessary to preserve the public peace. Such special police officers

shall be under the sole control of the regularly appointed and

constituted officers of the police department. They have shall have

power to make arrests only for disorderly conduct or other offenses

against peace or good order. In case of riot or insurrection, he or she

may take command of the whole police force, including the chief

executive officer thereof.

Temporary and funded debts. (a) Whenever the finance board, as

that term is defined in section 2.00 of the local finance law, shall

authorize the issuance of bonds or notes, it shall do so by ordinance.

(b) Provision shall be made for the payment of each annual installment

of a funded debt and accrued interest on such funded debt in the year in

which such principal and interest shall become due by the insertion of

the proper sum in the annual estimate for the year in question. Bonds

issued to provide for the supply of water may be paid out of water rents

received by the city.

Comptroller and deputy comptroller. The comptroller may appoint,

to hold office during his pleasure, a deputy and such other subordinates

as may be prescribed by the board of estimate and apportionment. In case

of the absence or disability of the comptroller, or of a vacancy in the

office, the deputy shall discharge the duties of the office until the

comptroller returns, his disability ceases or the vacancy is filled. The

comptroller and deputy comptroller, before entering upon the duties of

their respective offices, shall each execute and file with the city

clerk an official undertaking in such penal sum as may be prescribed by

the common council. The comptroller and deputy comptroller shall each be

ex officio a commissioner of deeds.

Duties of comptroller. The comptroller shall superintend the

fiscal affairs of the city and manage the same pursuant to law and

ordinance of the common council. He shall keep a separate account with

every department and with each improvement for which funds are

appropriated or raised by tax or assessment. No warrant shall be drawn

by him for the payment of any claim against or obligation of the city

unless it state particularly against which of such funds it is drawn. No

fund shall be overdrawn nor shall any warrant be drawn against one fund

to pay a claim chargeable to another. The comptroller shall perform such

other and further duties, as may from time to time be prescribed by law,

or by ordinance of the common council, not inconsistent with the

provisions of this chapter or the other laws of the state.

Claims against the city. No claim against the city except for a

fixed salary, for the principal or interest on a bonded or funded debt

or other loan, or for the regular or stated compensation of officers or

employees in any city department, or for work performed or materials

furnished under contract with the board of contract and supply, shall be

paid unless a claim therefor, in such form as the comptroller shall

prescribe, and approved by the head of the department or officer whose

action gave rise or origin to the claim, shall have been presented to

the comptroller, and shall have been audited and allowed by him. The

common council, by resolution, may require that claims be certified or

that they be verified by oath of the claimant or his duly authorized

agent. The comptroller shall cause each such claim, upon presentation to

him for audit, to be numbered consecutively and the number, date of

presentation, name of claimant and brief statement of character of each

claim shall be entered in a book kept for such purpose, which shall at

all times during office hours be so placed as to be convenient for

public inspection and examination. No claim shall be audited or paid

until at least five days have elapsed after its presentation to the

comptroller, and the comptroller shall not be required to audit a claim

until two weeks have expired after the expiration of such period of five

days. The comptroller is authorized, in considering a claim, to require

any person presenting the same for audit to be sworn before him touching

the justness and accuracy of such claim, and to take evidence and

examine witnesses in reference to the claim, and for that purpose he may

issue subpoenas for the attendance of witnesses. If the claimant be

dissatisfied with the audit he may appeal to the board of estimate and

apportionment by serving notice of appeal in writing upon the

comptroller and the common council at any time before the first regular

meeting of the common council that is held after he receives the

comptroller's audit. If the common council or any taxpayer be

dissatisfied with such audit it, or he, may appeal to the same board on

behalf of the city, in like manner, by serving notice of appeal upon the

claimants and the comptroller and the treasurer within ten days after

the meeting of the common council at which such claims shall have been

reported by the comptroller. The board of estimate and apportionment

shall make rules for the procedure upon the hearing of such appeals and

the decision and audit of that board, after the hearing upon the appeal

to it, shall be final and conclusive as to the amount of the claim; but

if there be no appeal from the original audit it shall in like manner be

final and conclusive. Upon the appeal herein provided for, the treasurer

shall take the place of the comptroller as a member of the board. The

comptroller and the board of estimate and apportionment upon an appeal

to it, as herein provided, shall have authority to take evidence and

examine witnesses in reference to the claim and for that purpose may

issue subpoenas for the attendance of witnesses; and the comptroller and

each member of the board of estimate and apportionment is hereby

declared to be ex officio a commissioner of deeds. When a claim has been

finally audited by the comptroller he shall indorse thereon or attach

thereto his certificate as to such audit, and the same shall thereupon

be filed in and remain a public record in his office. If any person

shall present to the comptroller for audit a claim in the name of any

person or firm other than that of the actual claimant he shall be guilty

of a misdemeanor.

Custody and management of sinking fund. The comptroller shall

have, under the direction of the board of estimate and apportionment,

the custody, investment and management of any sinking fund provided for

the payment or redemption of city debts.

Accounts with treasurer. The comptroller shall keep an account

between the city and the treasurer, and of all moneys received and

disbursed by the treasurer, and for that purpose he shall procure daily

statements from the treasurer as to the moneys received and disbursed by

him, and shall also procure from the depositaries in which the city

funds are deposited by the treasurer, monthly statements of the moneys

which have been received and paid out on account of the city. He shall

examine the treasurer's books, accounts and bank books, and ascertain as

to their correctness, and shall render quarterly a detailed report to

the mayor and common council of the funds and financial condition of the

city.

Annual financial statement. The comptroller shall, within

thirty days after the close of each fiscal year, prepare and publish in

book or pamphlet form a full and accurate statement in detail, verified

by his oath showing: (1) the receipts and revenues of the city from all

sources and the accounts which may be due to the city and uncollected at

the close of the fiscal year; (2) the disbursements from all city funds

and the expenditures in all branches of the city government during the

fiscal year; (3) the indebtedness of the city at the close of the fiscal

year, the provisions made for the payment thereof together with the

purposes for which it was incurred; (4) the cost of the acquisition,

construction and operation of each public utility owned, maintained, or

operated by the city and the income derived therefrom. Such publication

shall be accompanied by a statement in detail, in separate columns,

showing the several funds belonging to the city, the amount drawn on

each fund and its then present condition, also the several debts and

obligations of the city, the character thereof, when the same are

payable and the rate of interest on each.

Treasurer and deputy treasurer. The treasurer may appoint, to

hold office during his pleasure, a deputy and such other subordinates as

may be prescribed by the board of estimate and apportionment. In case of

the absence or disability of the treasurer, or of a vacancy in the

office, the deputy shall discharge the duties of the office until the

treasurer returns, his disability ceases or the vacancy is filled. The

treasurer and deputy treasurer, before entering upon the discharge of

the duties of their respective offices, shall each execute and file with

the city clerk, an official undertaking in such penal sum as may be

prescribed by the common council. Such undertaking, when approved as

provided by law, shall have the same force and effect, and shall be

filed and recorded in the office of the county clerk of the county in

which the city is located in the same manner as is required in the case

of an undertaking of a town collector.

Duties of treasurer. The treasurer shall demand, collect,

receive and have the care and custody of and shall disburse all moneys

belonging to or due the city from every source, except as otherwise

provided by law. All moneys of the city received by the treasurer shall

be deposited and secured by him daily in such depositaries as shall be

designated by the board of estimate and apportionment in the manner

provided by section ten of the general municipal law. The interest, if

any, on all deposits shall be the property of the city and shall be

accounted for and credited to the appropriate fund. No money shall be

drawn from a city depository except on checks signed by the treasurer

and countersigned by the comptroller and made payable to the person

entitled to receive the same. He shall at no time permit any fund to be

overdrawn, nor draw upon one fund to pay a claim chargeable to another.

No money shall be paid out by him except upon the warrant of the

comptroller. He shall render to the comptroller at the end of each

day's business a detailed statement of all moneys received and paid out

by him. He shall perform such other duties, as may from time to time be

prescribed by law, or by ordinance of the common council, not

inconsistent with the provisions of this chapter, or the laws of the

state. By resolution duly adopted, the common council or other

legislative body of the city, may determine to enter into a contract to

provide for the deposit of the periodic payroll of the city in a bank or

trust company for disbursal by it in accordance with provisions of

section ninety-six-b of the banking law.

Deposits and accounts. All moneys deposited by the treasurer, as

provided herein, shall be placed to the credit of the city. The

treasurer shall keep bank books in which shall be entered his accounts

or deposits in, and moneys drawn from, the banks or trust companies in

which such deposits shall be made. He shall exhibit such books to the

comptroller for his inspection at least once each month, and oftener if

required. The banks or trust companies in which such deposits are made,

shall respectively transmit to the comptroller monthly statements of the

moneys which shall have been received and paid out by them on account of

the city.

Board of estimate and apportionment. There shall be a board of

estimate and apportionment, which shall consist of the mayor,

comptroller, corporation counsel, president of the common council, and

the city engineer, except that when the number of subordinates, or the

salaries thereof, in the department of any of the members of the said

board are to be fixed and determined, the treasurer shall temporarily

take the place of the member whose number of subordinates, or the

salaries thereof, is under consideration, for the purpose of fixing such

salaries or number of subordinates, and for that purpose alone. The

members of the board shall meet upon the call of the mayor, or as

directed by the board. The mayor shall be president of the board and the

city clerk shall act as secretary thereof. The secretary shall keep a

journal of all of the proceedings of the board.

Sinking fund. Unless under special laws governing the city at

the time this chapter takes effect provision is made for the creation or

maintenance of a sinking fund or funds for any purpose, thirty per

centum of all moneys or revenues received by any city which has term

bonds outstanding and unpaid, or by any officer, board or department

thereof, from any source other than taxes or loans shall, upon receipt

of the same, be forthwith deposited in a separate account or accounts in

one or more of the designated fiscal depositories of the city to the

credit of the bonded indebtedness of the city, and said deposit shall be

known as the sinking fund. The sinking fund shall be used exclusively

for the payment, as it matures, of the principal of the indebtedness of

the city evidenced by term bonds other than bonds issued for

improvements financed by assessments for benefit or bonds issued prior

to the effective date of the local finance law, in anticipation of the

collection of revenues. If, under the special laws governing the city at

the time this chapter takes effect, provision is made for the creation

or maintenance of a sinking fund or funds for any purpose, such sinking

fund or funds shall continue and be maintained as provided in such laws.

Fiscal year; departmental estimates. The fiscal year of the city

shall commence on the first day of January. On or before the first day

of November in each year all heads of departments and officers empowered

by law or by city ordinance to control or authorize expenditures shall

furnish to the mayor estimates in writing of the amount of expenditures

for the next fiscal year in their respective departments or offices,

including a statement of the salaries of all their subordinates, which

estimates the mayor shall lay before the board of estimate and

apportionment at its first meeting thereafter, and the same shall be

entered in its minutes.

Determination of positions and salaries. The board of estimate

and apportionment, except as otherwise provided by law, shall have

authority to fix the salaries or compensation, and determine the

positions and numbers of all city officers and employees, of each

office, board and department, but the salary or compensation of every

officer and employee shall be thus fixed before his election or

appointment, except in the first instance after the city shall have

become a city of the second class and subject to the provisions of this

chapter.

Annual estimate. Within sixty days after the commencement of

each fiscal year, the board of estimate and apportionment shall make an

itemized statement, in writing, of the estimated revenues and

expenditures of the city for the fiscal year, which shall be known as

its annual estimate, provided, however, that if in the city the taxes

for state, county and city purposes are included in one levy, the common

council may, by ordinance, direct that the said estimate be made within

sixty days prior to the commencement of such fiscal year. The estimate

of revenues shall contain an estimate of the probable revenues which, in

the judgment of the board of estimate and apportionment, will be

received by the city during the fiscal year, less the amount required to

be deposited to the credit of the sinking fund, if any; a statement of

the amount of the sinking fund which, in the judgment of the board of

estimate and apportionment, is available and should be applied to the

payment of the principal of any bonded indebtedness of the city falling

due during the said fiscal year; and a statement of all unexpended

balances or estimated unexpended balances of the previous fiscal year

remaining to the credit of the city, or of any office, board or

department thereof. The estimate of expenditure shall contain an

estimate of the several amounts of money which the board of estimate and

apportionment deems necessary to provide for the expenses of conducting

the business of the city in each board, department and office thereof

and for the various purposes contemplated by this chapter and otherwise

by law for the said fiscal year; to pay the principal and interest of

any bonded or other indebtedness of the city falling due during the said

fiscal year; and the amount of any judgments recovered against the city

and payable during the said fiscal year. After said annual estimate

shall have been completed, the board of estimate and apportionment shall

submit the same in final form to the common council with a statement, in

writing, of such reasons for such estimate as it may deem proper. The

common council shall as soon thereafter as may be possible, convene and

consider the said estimate. It shall give a public hearing to such

persons as wish to be heard in reference thereto. After such hearing,

and, within thirty days after such estimate shall have been submitted to

it, the common council shall adopt such estimate so submitted or shall

diminish or reject any items therein contained, and adopt said estimate

as so amended. The common council shall not have the power to diminish

or reject any item which relates to salaries, the indebtedness or

estimated revenues, or the sums directed by the board of supervisors of

the county within which the city is situated to be levied within the

city for state and county purposes, or the sums lawfully payable within

said fiscal year upon judgments; nor shall the common council increase

any item, for any purpose contained in said estimate.

In a year when a special city election may be held under the

provisions of the city local option law, the board of estimate and

apportionment shall include in the annual estimate an estimate of

probable revenues from the excise tax based upon the number of liquor

licenses in force, if any, in such city at the time such annual estimate

is made; and in case there are no liquor licenses in force at the time

the annual estimate is made, the board of estimate and apportionment

shall omit from the annual estimate any estimate of probable revenues

from the excise tax and include as its estimate of probable revenues

only those derived from other sources. If such election be held and the

result thereof alters the probable revenues from the excise tax, a

supplemental estimate shall be made and filed, revising and supplying or

striking out, according to the result of the election, any items omitted

or included therein upon the basis of there being probable revenues or

no probable revenues from such tax. Such supplemental estimate, if any,

shall be made and filed as soon as practicable after such board shall

ascertain the necessary facts and not later than the completion of the

tax budget in time for the annual tax levy as provided by law. On demand

by such board, the secretary of the board of canvassers shall certify as

to the result of the vote at any such election. In any case where a

special election or the result of a vote thereat is the subject of

judicial proceedings a county clerk in whose office an order is filed or

entered affecting such election or vote shall notify such board of the

filing or entry of the order immediately thereafter. Any such

supplemental estimate shall be deemed a part of the annual estimate and

amendatory thereof.

Annual appropriations. When the common council shall have

adopted the final estimate of the board of estimate and apportionment or

said estimate as amended by it, the same shall be entered at large in

its minutes and become a part of its proceedings. The several sums

estimated for expenditures therein shall be and become appropriated in

the amounts and for the several departments, offices and purposes as

therein specified for the said fiscal year. The several sums therein

enumerated as estimated revenues and the moneys necessary to be raised

by tax in addition thereto to pay the expenses of conducting the

business of the city and for the purposes contemplated by this chapter

and otherwise by law, shall be and become applicable in the amounts

therein named for the purposes of meeting said appropriations. In case

the revenues received by the city exceed the amount of such estimated

revenues named in said annual estimate, or in case there remain any

unexpended balances of appropriations made for the support of the city

government or for any other purpose, then such surplus revenues or such

unexpended balances shall, except as otherwise provided by law, remain

upon deposit and be included as a part of the estimated revenues for the

succeeding year. When any moneys or revenues are received by any

officer, board or department of the city, from any source other than by

municipal tax, which are not otherwise appropriated, such moneys or

revenues may be used and applied toward and in addition to the funds

appropriated, as aforesaid, in such manner as in the judgment of the

board of estimate and apportionment may be most beneficial to the city.

Tax budget. The amount of estimated expenditures contained in

the annual estimate adopted by the common council, less the amount of

estimated revenues applicable to the payment thereof and the amount of

all judgments payable prior to the tax levy, shall constitute the tax

budget. The common council shall levy and cause to be raised by tax the

amount of said budget, and the amount shall be levied, assessed and

raised by tax upon the real and personal property liable to taxation in

the city at the time and in the manner provided by law.

Contracts and expenditures prohibited. No officer, board, or

department shall, during any fiscal year, expend or contract to be

expended any money or incur any liability, or enter into any contract

which, by its terms, involves the expenditure of money for any of the

purposes for which provision is made in the annual estimate in excess of

the amounts appropriated in said estimate, as adopted by the common

council, for such officer, board, department or purpose, for such fiscal

year. Any contract, verbal or written, made in violation of this section

shall be null and void as to the city, and no moneys belonging to the

city shall be paid thereon, provided, however, that nothing herein

contained shall prevent the making of contracts for light or water, the

collection and disposal or the disposal of garbage, the collection and

removal of rubbish and ashes, the cleaning of streets, or the sprinkling

of streets or public places by railway cars, for periods exceeding one

year.

Nothing herein contained, however, shall be held to prohibit the

expenditure of such sums as may be made available, pursuant to section

seventy-six of this chapter or section 29.00 of the local finance law.

Penalties for violation of preceding section. Any officer or

member of any board or department of the city, making or voting for any

contract prohibited by the preceding section, or auditing any account or

claim under any such contract, shall be deemed guilty of a misdemeanor.

Appropriations for band concerts. The board of estimate and

apportionment may include in the annual estimate and appropriate an

amount to be expended by the superintendent of parks under the

supervision and direction of the commissioner of public works, in

providing public band concerts in the public parks or places of the

city.

Commissioner and deputy commissioner of public works. The

commissioner of public works shall be the head of the department of

public works. He shall appoint, to hold office during his pleasure, a

deputy and such other subordinates as may be prescribed by the board of

estimate and apportionment. In case of the absence or disability of the

commissioner or of a vacancy in the office, the deputy commissioner

shall discharge the duties of the office until the commissioner returns,

his disability ceases or the vacancy is filled. The commissioner and

deputy commissioner before entering upon the discharge of the duties of

their respective offices shall each execute and file with the city clerk

an official undertaking in such penal sum as may be prescribed by the

common council.

Powers and duties of commissioner. The commissioner, subject to

the provisions of law and ordinances of the common council, has

cognizance, direction and control of the construction, maintenance,

alteration, repair, care, cleaning, paving, flagging, lighting and

improving of the streets, highways, sidewalks and public places of the

city; of the construction, alteration and repair of all city buildings

and of all docks and bridges belonging to the city; of all public sewers

and drains in the city; of the construction, maintenance, extension,

repair and care of the city waterworks; of the care, superintendence and

management and improvement of all parks and grounds, public baths and

recreation piers belonging to the city. Except as otherwise provided by

law, the commissioner shall have supervision of, control over and

jurisdiction and authority to make all ordinary repairs or improvements

upon the streets, parks, sidewalks, crosswalks, gutters, vaults, drains,

culverts, bridges and public ways and places of the city, including the

cleaning, sprinkling, laying of dust with substances other than water,

watering and flushing of the same, and may employ such laborers and

teams and incur such expenditures as may be necessary within the limits

of the appropriations made therefor. It shall be his duty to inspect the

same with sufficient frequency to ascertain their condition and cause

the same to be kept free from obstructions and in good condition and

repair and reasonably safe for public use. The commissioner shall also

have general supervision and control of all work performed under any

contract of the city for local or other improvements to be performed

within or upon any of the public streets, parks, ways and places, or

with reference to the public works and ways within the jurisdiction of

his department, including the lighting, sprinkling, laying of dust with

substances other than water, watering or flushing of the streets or

public places, and shall cause the same to be performed in full

compliance with the provisions of any contract therefor. Except as

otherwise provided by law or ordinance of the common council, the

commissioner of public works has, over the streets and public places

within the city, all the jurisdiction and is charged with all the duties

of commissioners of highways within the towns of the state.

Repair of sidewalks; removal of snow and ice. The commissioner

of public works shall have full power and authority to require the owner

of property abutting upon a street to repair any sidewalk in front

thereof or bring the same to true grade, and to remove the snow and ice

therefrom. Where the owner of such property shall fail or neglect to

repair any sidewalk or bring the same to true grade for five days after

written notice so to do has been served on him, either personally or by

delivering the same at his residence, or if he be a non-resident by

mailing the same to him at his last known place of residence, or if the

name of the owner or his place of residence can not be ascertained after

due diligence, by posting the same in a conspicuous place upon the

premises; or where the owner of any such premises shall fail or neglect

to remove snow and ice from any such sidewalk after the same has

remained thereon for more than twelve hours, and the commissioner shall

have repaired such sidewalk or brought the same to grade or removed the

ice or snow therefrom, a bill for the expenses incurred thereby shall be

presented to the owner personally or by leaving the same at his

residence or, if he be a non-resident, by mailing the same to him at his

last known place of residence, or, if the name of such owner or his

place of residence can not be ascertained after due diligence, by

posting the same in a conspicuous place on the premises; and, if he

shall fail to pay the same within ten days thereafter, the commissioner

shall file each year immediately preceding the time for making the

annual assessment-roll his certificate of the actual cost of the work,

together with a statement as to the property in front of which the

repairing or grading or cleaning was done, with the assessors of the

city, who shall, in the preparation of the next assessment-roll of

general city taxes, assess such amount upon such property, and the same

shall be levied, corrected, enforced and collected in the same manner,

by the same proceedings, at the same time, under the same penalties and

having the same lien upon the property assessed as the general city tax

and as a part thereof.

Performance of public work to be certified. All public work

performed pursuant to contract under the supervision or control of the

commissioner shall, before it is accepted, be certified to by him to the

effect that such work has been performed in a good and substantial

manner with the materials required, of the quality and in the manner

directed by the terms of the contract under which the same was done.

Within ten days after the completion of any such work the commissioner

shall file a certificate of such completion with the comptroller and

with the city clerk, to be reported by him to the common council. Such

certificate shall state in substance that said work has been duly

examined by the commissioner and that the same has been fully performed

and completed in accordance with the terms of the contract therefor.

Water works. In case the city owns and operates a system of

municipal water works, the commissioner of public works shall appoint,

to hold office during his pleasure, a superintendent of water works, who

shall have, under the direction of the commissioner, the supervision,

care, management and control of the water department and water-works

system of the city. It shall be the duty of the commissioner of public

works to see that the city has an abundant supply of pure and wholesome

water for public and private use; to devise plans and sources of water

supply; to plan and supervise the construction, maintenance and

extension of the water system and the distribution of water throughout

the city; to protect it from contamination; to prescribe rules and

regulations for its use, which, when ratified and approved by the common

council, shall have the same force and effect as city ordinances. He

shall have power, with the assent of the board of estimate and

apportionment, to establish rates of rents to be charged and paid

annually for the supply of water or for the benefits resulting

therefrom, to be called water rents, which shall be apportioned to the

different classes of buildings in the city in reference to their

dimensions and the ordinary uses of water for the same, and to different

lots, as may be practicable, and from time to time to modify and amend,

increase or diminish such rates and to extend them to other descriptions

of buildings, lots, establishments and uses. He shall also have power,

with like assent, to establish rates for the use of water in buildings,

establishments, trades and other purposes in or for which water is

consumed beyond the quantity required for ordinary purposes, and may

require the same paid to him in advance, at the rates thus established,

before permission to use such extra quantity of water shall be given.

Collection of water rents. All water rents shall be collected

from the owners of the lots and buildings which shall be situated upon

any street or avenue upon which the distributing pipes are now or may

hereafter be laid, and from which such lots and buildings can be

supplied with water. Water rents, together with the amounts due and

unpaid for the introduction and measurement of the supply of water,

shall be, like other taxes of the city, a lien upon the lots and

buildings against which the same are chargeable. It shall be the duty of

the commissioner each year, immediately preceding the time for the

making of the annual assessment-roll, to make out a list or roll of each

ward or assessment district of the city, in which he shall set out the

amount of water rents accrued or chargeable upon each lot, part of lot

or building, and which shall not have been paid to him, and file the

same with the assessors of the city, who shall in the preparation of the

next assessment-rolls for general city taxes, in a separate column

thereof, assess such amount upon such property, and hearings shall be

had thereon and the same shall be levied, corrected, enforced and

collected in the same manner, by the same proceedings, at the same time,

under the same penalties, and having the same lien upon the property

assessed as the general city tax and as a part thereof.

Superintendent of parks. Unless otherwise provided by law, the

commissioner of public works shall appoint, to hold office during his

pleasure, a superintendent of parks, who shall have, under the direction

of the commissioner, the supervision, care, management and control of

all the parks of the city and of such portions of the streets as pass

through or intersect the same, and of the shade trees of the city.

Subject to the direction of the commissioner and to the ordinances of

the common council, he shall prescribe the powers and duties of his

subordinates and shall, except as otherwise provided by law, superintend

the expenditure of all moneys appropriated for park purposes. He shall

keep an account of such expenditures and shall approve all claims

against the city on account thereof before submission to the comptroller

for audit. The superintendent, under the direction of the commissioner,

may make all ordinary repairs and improvements upon the parks and such

intersecting streets, may employ all laborers needed thereon, and fix

their wages, subject to the approval of the commissioner and the board

of estimate and apportionment. Except as otherwise provided by law, he

shall conduct, with the aid of the corporation counsel, all negotiations

and proceedings for the acquisition of lands for park purposes, when the

same shall have been authorized by ordinance of the common council and

approved by the board of estimate and apportionment. He shall make such

rules and regulations, not inconsistent with the ordinances of the

common council and laws of the state, as he shall deem proper for the

government, management and care of the parks and of the streets in and

through the same, and of such other streets, being approaches thereto,

as may be designated by ordinance of the common council as parkways, and

such rules and regulations, when approved by the common council, shall

have the force and effect of city ordinances. The superintendent shall

have such other powers and be charged with such other duties, not

inconsistent with the provisions of this chapter and the laws of the

state, as the commissioner may direct, or as the common council by

ordinance may define and prescribe.

City engineer. No person shall be eligible to appointment as

city engineer unless he be a civil engineer of at least five years'

practical experience in his profession. He shall appoint, to hold office

during his pleasure, a deputy and such other subordinates as may be

prescribed by the board of estimate and apportionment.

Duties of city engineer. It shall be the duty of the city

engineer to perform all the ordinary engineering and surveying services

in the affairs and business of the city and to supervise, under the

general direction of the commissioner of public works, all the work done

for the city in which the skill of his profession may be required or

useful. He shall, under the direction of the commissioner of public

works and the ordinances of the common council, act as the

superintendent of public buildings, bridges, docks and wharves. He shall

perform such other duties as may be prescribed by the commissioner of

public works or by ordinance of the common council. He shall devote his

time exclusively to the service of the city.

Alteration of grades and names of streets. The grade of any

street shall not be fixed or established except by direction of the

common council. The grade of a street heretofore or hereafter legally

established shall not be changed, except by direction of the common

council, and except also upon compensation for damages done, to be

ascertained in and by the proceedings provided by law for ascertaining

damages for lands taken for the opening of streets. The common council

shall not alter the name of any street except by ordinance. No ordinance

altering the name of any street shall be passed by the common council

until such ordinance shall have been published at least once in each of

two successive weeks in the official paper or papers.

Apportionment of city's expense of improvements. The common

council may, by ordinance approved by the board of estimate and

apportionment, fix and determine the amount and proportion of the

expense which shall be borne by the city at large for opening, altering,

grading, curbing or paving a street, or for constructing therein a

public sewer which is not less than two feet in diameter. The amount

and proportion of the expense of such improvements which shall be borne

by the city at large shall be included in the budget and raised by tax

the same as other general city charges or may be financed pursuant to

the local finance law. An amount sufficient to pay, when due, any

obligations issued to pay the portion of the expense of such

improvements borne by the city at large, together with the accrued

interest thereon, shall be included in the tax budget and raised by tax

the same as other general city charges, and such obligations as they

mature, together with the interest thereon, shall be paid out of the

moneys so raised by tax. The proportion of the expense which is not

borne by the city shall be assessed and charged upon the property

affected by such improvement in the form and manner provided by law.

Discontinuance of streets. Whenever the common council shall

contemplate the discontinuance of any street, it shall cause a notice to

be published for ten days in the official newspaper or newspapers of the

city of its intention so to do, and that all persons interested may be

heard in reference thereto at a time stated in such notice. If it shall

be determined to discontinue the street and any person shall claim to be

damaged by such discontinuance, such alleged damages, unless agreed to

by the commissioner of public works and approved by the board of

estimate and apportionment, must be ascertained and determined in the

manner provided by law for ascertaining damages for lands taken for the

opening of streets. An ordinance discontinuing any street shall require

the affirmative vote of three-fourths of all the members of the common

council. Whenever a street, or any part thereof, the fee of which is in

the city, shall be discontinued, the lands embraced within the limits of

such street, or any part thereof, may be exchanged for other lands

within the limits of the city, upon such terms and conditions as the

common council may by ordinance prescribe.

Streets by prescription. All lands which shall have been used

by the public as a street for twenty years or more continuously shall be

a street with the same force and effect as if it had been duly laid out

and recorded as such.

Acquisition of lands. Whenever any real estate or interest

therein shall be required for any municipal purpose, except as otherwise

provided by law, the commissioner of public works may acquire for the

city the necessary land and real estate by gift or by purchase, at a

price approved by the board of estimate and apportionment, or by the

proceedings specified in the eminent domain procedure law, or in the

case of property required for street purposes, by the proceedings

provided by law for acquiring and ascertaining damages for property

taken for purposes of street openings.

Board of contract and supply. There shall be a board of

contract and supply, composed of the mayor, comptroller, commissioner of

public works, corporation counsel and city engineer. Except as otherwise

provided by law, it shall be the duty of such board, after public notice

and in accordance with regulations to be prescribed by general ordinance

of the common council, to let to the lowest bidder, who will give

adequate security therefor, all contracts for the performance of any

work or for the supply of any material required by or for the use of any

officer, board, body or department of the city, in all cases where the

expense of such work or materials, or both, shall exceed the sum of five

hundred dollars, unless by ordinance of the common council adopted by a

vote of not less than four-fifths of all the members thereof and

unanimously approved by the board of estimate and apportionment, it is

determined that a public emergency exists in which case said ordinance

shall state the circumstances and conditions that created the public

emergency, which shall be limited to those arising out of an accident or

other unforeseen occurrence or condition affecting public buildings,

public property or the life, health, safety or property of the

inhabitants of such city require immediate action which cannot await

public bidding, and shall designate the officer, board or department to

procure such work or purchase such materials. In case of public

emergency involving accident or other injury by which the heating or

plumbing of any of the public buildings or any of the fire or

water-works apparatus or any of the machinery used in sewage-treatment

plants, or for garbage disposal, or any equipment used by the

water-works or department of public works shall become disabled, the

commissioner having jurisdiction thereof shall cause repairs thereto to

be made without a letting by contract, upon filing with the board of

contract and supply a certificate, approved by the mayor, showing such

emergency and the necessity for such repairs. The board shall have power

to reject all bids or proposals if in its opinion the lowest bid or

proposal is excessive. The said notice shall describe the work and

materials for which contracts will be let and the day and hour and place

of the meeting of the board at which proposals therefor will be opened.

Specifications for the performance of any work and for the supply of any

materials shall be prepared and set forth with sufficient details to

inform all persons proposing to bid therefor of the nature of the work

to be done and of the materials to be supplied, and written or printed

copies thereof shall be delivered to all applicants therefor. Every

contract for a public improvement shall be based upon an estimate of the

whole cost thereof, including all expenses incidental thereto and

connected therewith, to be furnished by the proper officer, board or

department having charge of such improvements. No bid or proposal shall

be received or contract awarded, other than for a local improvement or

work to be performed by the city, which involves the construction or

maintenance of any structure, erection, obstruction or excavation

within, under, over, along or upon any street or public place within the

city, unless the person to whom such contract shall be awarded shall

have a franchise permitting the same.

Proposals. No contract shall be let, except after the receipt

of sealed bids or proposals therefor, and no bids or proposals shall be

received at any time other than at a regular meeting of said board, and

unless they conform to the rules of the board and the general ordinances

of the common council. All bids or proposals must be indorsed with the

title of the work or materials to which they relate, the name of the

bidder and his residence. It shall be the duty of each member of the

board to be present at the time and place mentioned in the public notice

for the receipt and opening of bids or proposals, and such meetings

shall be open to the public. After all the bids or proposals have been

presented, but not until one-half hour after the time stated in the

public notice for holding the meeting, all bids or proposals shall be

opened by some member of the board or by its secretary, publicly and in

the presence of the bidders and other persons there present, and an

abstract of all of such bids or proposals, with the prices and security

offered, shall be transcribed in a book kept for that purpose, without

any change, correction or addition whatever. A majority of the board

need not be present when such bids or proposals are opened. The board

may reject all bids or proposals received at any meeting and advertise

again for new bids or proposals to be received at another meeting as

above prescribed. No person submitting, or on whose behalf a bid or

proposal is submitted, nor the principal or sureties on any bond or

security accompanying the same, shall have the right to withdraw or

cancel any such bid, proposal, or bond until the board shall have

awarded the contract for which such bid or proposal is made, and such

contract shall have been duly executed.

Contracts for lighting. All municipal lighting shall be

supplied pursuant to contract therefor, awarded by the board of contract

and supply as herein provided. Such contract shall cover and include the

lighting and supplying of the lamps and the oil, gas, electric current,

the cleaning, repair and renewal of the lamps and all the materials

required in the use and care thereof. No bid or proposal for any such

contract shall be received, nor contract awarded therefor, unless the

bidder shall, prior to the making of such bid or proposal, have a

franchise under the authority of which the proposed contract can be

performed. No contract shall be advertised for or entered into for a

period exceeding five years. Each bidder shall be required to furnish

with each bid or proposal a certified check, payable to the order of the

city treasurer, in such sum as the board of contract and supply shall

prescribe, but not less than ten thousand dollars. Such sum shall be

forfeited to and become the absolute property of the city in case the

bidder depositing the same shall be awarded the contract and shall not

execute the same and furnish a bond for the faithful performance of such

contract, in the penal sum of not less than fifty thousand dollars,

within thirty days after the award of such contract. Such certified

check shall be returned to the bidder if the contract be not awarded to

him, or, if awarded, he shall have executed and furnished the contract

and required bond.

The common council may by ordinance establish a special lighting

district or districts for the purpose of ornamental street lighting, and

from time to time may alter or extend the same. The board of contract

and supply may contract for lighting any such district or districts so

established or extended, as such board may deem proper or expedient. Any

contract so entered into shall be in conformity with the provisions of

this section, except that the bond to be given for the faithful

performance of the contract shall be in such amount as the board of

contract and supply shall determine. The amount of any contract that may

be entered into for such special lighting pursuant to the provisions of

this section, shall be assessed ratably upon the real property in such

lighting district or districts in such manner as shall be provided by an

ordinance duly adopted by the common council and approved by the board

of estimate and apportionment; and such assessments shall be levied,

enforced and collected upon and between the taxable property in said

city and district or districts respectively, in the same manner, by the

same proceedings, at the same time, under the same penalties and by the

same officers as the city taxes, charges or expenses of said city are

now levied, enforced and collected. The common council shall, by

ordinance, approved by the board of estimate and apportionment,

apportion the expense that shall be borne by the taxable property in

such special lighting district or districts, and the city at large; but

in no event shall the taxable property in any such special lighting

district or districts be charged with less than fifty per centum of such

charges or expenses.

Secretary of the board; commissioner of supplies. The board of

contract and supply shall appoint a secretary to hold office during its

pleasure, whose duty it shall be to keep a full journal of all the

proceedings of the board and to perform such additional duties as may be

required by the board, or by law or ordinance of the common council.

Where any work or repairs needed to be done, or materials or supplies to

be furnished for any office, court, board or department shall not exceed

two hundred and fifty dollars in cost, the board of contract and supply

may by general or special rule authorize the commissioner of public

works, or the commissioner of public safety, or the secretary of the

board, or any of them, to give written orders therefor and purchase the

same. No materials or supplies shall be purchased for, or delivered by

or upon the order of the commissioner to any officer, board, court, body

or department of the city, except upon the requisition in writing from

the officer, board, body or head of the department for which the same

are required. The commissioner shall require a receipt in writing from

each officer, board, body or head of the department for all supplies

delivered to him or it by the commissioner or on his order, and he shall

approve, in writing, all claims for any such materials or supplies

purchased by him, before the same shall be presented to the comptroller

for audit.

Contracts for paving. The common council shall, by general

ordinance, prescribe, approve and adopt the materials to be used in

paving, repaving, repairing, surfacing or resurfacing the streets and

public places of the city, and fix the standard of excellence and test

required for each such material. The city engineer shall prepare

standard specifications, in accordance with such ordinance, for the

performance of the work involved in such improvements with each kind of

materials so prescribed, approved and adopted therefor. Whenever the

common council shall determine to make any such improvement, and the

proceedings provided by law as preliminary thereto shall have been

taken, the board of contract and supply shall advertise for proposals

for the furnishing of the materials and the performance of the work

involved in such improvements, and specifications shall be prepared and

proposals shall be invited, pursuant to the provisions of this chapter,

for the construction of such improvement with each kind of paving

material so prescribed, approved and adopted by the common council. In

case the expense of any such improvement is to be assessed upon the

property abutting upon the street, or part thereof, to be improved and

more than one kind of material is prescribed, approved or adopted

therefor, the secretary of the board shall, within one week after

proposals for such work have been received and opened, cause to be

published in a daily official paper for four successive days, exclusive

of Sunday, a notice containing a summary statement of all such

proposals. A majority of said property owners, owning not less than

one-third of the feet front of property abutting on such street,

exclusive of city property, may present to the board of contract and

supply a petition or other writing designating the general kind of

pavement or material to be used in making said improvement. If no part

of the expense of such improvement is to be assessed upon the property

abutting upon said street, or if such expense is to be so assessed, but

the property owners shall not have made a designation or shall have made

more than one designation, as herein provided, the common council shall,

not later than at its next regular meeting after the expiration of ten

days from the service of such notice, designate the kind of pavement or

material to be used in making such improvement, and the contract for

such improvement shall be awarded for the kind of pavement or material

so designated by the property owners or common council as aforesaid, and

to the lowest bidder for doing the work with the kind of pavement or

material so designated. In case, however, two-thirds of the owners of

property, owning at least three-fifths of the linear feet fronting upon

said street, or part thereof, shall designate a particular make, style

or brand of the kind of pavement or material to be used in making such

improvement, the contract therefor shall be awarded to the lowest bidder

for such make, style or brand of such kind of pavement or material,

although the same is not the lowest bid for such kind of pavement or

material so designated. Where a street surface railroad shall be laid in

any street which it is determined to improve as herein provided, the

proposals and contract for such improvement shall include the

improvement of the space between the tracks of such street surface

railroad, the rails of such tracks and two feet in width outside of such

tracks, and the work of improvement in such space shall be done at the

same time and under the same supervision as the work of improvement of

the remainder of such street. After opportunity to be heard has been

given to the company owning or operating such street surface railroad,

the board of contract and supply may prescribe the materials to be used

in improving such street within the railroad space above described. The

entire expense of the improvement within such railroad space shall be

assessed and levied upon the property of the company owning or operating

such railroad and shall be collected in the same manner as other

expenses for local improvements are assessed, levied and collected in

the city; and an action may also be maintained by the city against the

company in any court of record for the collection of such expense and

assessment.

Power to purchase and contract limited. No person shall have

power to make any purchase or contract any debt for which the city shall

be liable unless authorized by the provisions of this chapter or the

local finance law.

Commissioner of public safety; appointees. The commissioner of

public safety shall be the head of the department of public safety. He

may appoint, to hold office during his pleasure, a deputy, a health

officer and a superintendent of buildings. Whenever a vacancy occurs in

the office of the chief of police or chief of the fire department, the

commissioner of public safety, shall appoint, in his discretion, a

person deemed by him to be suitable and competent to fill the same. The

chief of police and chief of the fire department shall each hold office

during good behavior, or until permanently incapacitated or unfit to

discharge his duties. The commissioner may appoint such other

subordinates as may be prescribed by the board of estimate and

apportionment to hold office, except as otherwise provided by law,

during his pleasure. In case of the absence or disability of the

commissioner or a vacancy in the office, the deputy shall discharge the

duties of the office until the commissioner returns, his disability

ceases or the vacancy is filled. Before entering upon the discharge of

the duties of their respective offices, the commissioner, deputy, health

officer, superintendent of buildings, chief of police and chief of the

fire department shall each execute and file with the city clerk an

official undertaking in such penal sum as may be prescribed by the

common council.

Duties of commissioner. The commissioner of public safety shall

have cognizance, jurisdiction, supervision and control of the

government, administration, disposition and discipline of the police

department, fire department, buildings department and health department,

and of the officers and members of said departments, and shall possess

and exercise fully and exclusively all powers and perform all duties

pertaining to the government, maintenance and direction of said

departments, and the apparatus and property thereof and buildings

furnished therefor, and shall have the general direction and supervision

of the expenditure of all moneys appropriated to said departments. He

shall possess such other powers and perform such other duties as may be

prescribed by the law or by ordinance of the common council.

Deputy commissioner. The deputy commissioner shall have

authority to administer oaths and take evidence, affidavits and

acknowledgments in all matters and proceedings pertaining to the

department. He shall have general supervision over the records of the

department and its officers and shall perform such other duties as may

be prescribed by the commissioner or by law or by ordinance of the

common council.

Rules, orders and regulations. The commissioner of public

safety shall make, adopt and enforce such reasonable rules, orders and

regulations, not inconsistent with law, as may be reasonably necessary

to effect a prompt and efficient exercise of all the powers conferred

and the performance of all duties imposed by law upon him or the

department under his jurisdiction. He is authorized and empowered to

make, adopt, promulgate and enforce reasonable rules, orders and

regulations for the government, discipline, administration and

disposition of the officers and members of the police and fire

departments, and for the hearing, examination, investigation, trial and

determination of charges made or prepared against any officer or member

of said departments for neglect of official duty or incompetency or

incapacity to perform his official duties or some delinquency seriously

affecting his general character or fitness for the office, and may, in

his discretion, punish any such officer or member found guilty thereof

by reprimand, forfeiting and withholding pay for a specified time,

supension during a fixed period or dismissal from office; but no officer

or member of said departments shall be removed or otherwise punished for

any other cause, nor until specific charges in writing have been

preferred against and served upon him, and he shall have been found

guilty thereof, after reasonable notice and upon due trial before said

commissioner in the form and manner prescribed by law and the rules and

regulations of the department.

Constitution of police and fire departments. The police and

fire departments shall, as to their membership and component parts,

remain as now constituted until the same shall be changed by action of

the common council. The common council has power at all times by

ordinance to determine the number of officers and members of each of

said departments and the classes and grades into which they shall be

divided, except that it shall not have the power to diminish the number

of the members of either of said departments as now fixed. The number of

officers or members of either of said departments shall not be increased

without the approval of the board of estimate and apportionment. The

common council may pass ordinances not inconsistent with law for the

government of the police and fire departments, and regulating the powers

and duties of their officers and members. The commissioner shall

appoint, as vacancies in said department occur, all officers and members

thereof, and classify and apportion them into grades to conform to such

ordinances.

Membership. No person shall be appointed to membership in the

police or fire departments of the city, or continue to hold membership

therein, who is not a citizen of good moral character, who has ever been

convicted of a felony, who can not understandingly read and write the

English language, and who shall not have resided in the city during the

two years next preceding his appointment. The commissioner shall make

all appointments, promotions and changes of status of the officers and

members of the police and fire departments in accordance with the

provisions of the civil service law of the state, except as otherwise

provided herein. In making promotions, seniority and meritorious service

in the department, as well as superior capacity, as shown by competitive

examination, shall be taken into account. Individual acts of bravery may

be treated as acts of meritorious service, and the relative weight

therefor shall be fixed by the municipal civil service commission. No

member of the police or fire departments shall hold any other office nor

be employed in any other department of the city government.

Terms of office. All members of the police and fire

departments, subject to the power of removal hereinafter specified,

shall hold their respective offices during good behavior or until by age

or disease they shall become permanently incapacitated to discharge

their duties.

Discipline. If a charge may be made by any person against any

officer or member of the police or fire departments that he has been

negligent or derelict in the performance of his official duties, or is

incompetent or without capacity to perform the same or is guilty of some

delinquency seriously affecting his general character or fitness for the

office, the charge must be in writing, in the form prescribed by the

rules and regulations of the commissioner of public safety, and a copy

thereof must be served upon the accused officer or member. The

commissioner shall then proceed to hear, try and determine the charge.

The accused shall have the right to be present at his trial and to be

heard in person and by counsel and to give and furnish evidence in his

defense. All trials shall be open to the public. The commissioner has

power to issue subpoenas, in his name, to compel the attendance of

witnesses, and shall upon the oral application of the accused issue a

subpoena on the behalf of the accused, leaving the space for the names

of his witnesses blank that he may fill in their names, upon any

proceeding authorized by the rules and regulations of the department,

and any person served with a subpoena is bound to attend in obedience to

the command thereof; and the commissioner shall compel the attendance of

witnesses and compel them to testify in the same manner as in the case

of any officer or board authorized by law to issue subpoenas and take

testimony. If the accused shall be found guilty of the charge made

against him, the commissioner may punish him by reprimand, by forfeiting

and withholding pay for a period not to exceed thirty days, by

suspension without pay during a period not to exceed thirty days, or by

dismissal from office. At any time within one year after the date of

dismissal, any officer or member dismissed may make application to the

commissioner for reinstatement. Such application must be in writing and

contain a release of the city from all claims for back compensation. The

commissioner may, in his discretion, rehear and redetermine the charges

and reinstate such officer or member, with or without an allowance of

the whole or a part of the time since such dismissal to be applied on

his time of service in the department, or may affirm such dismissal. At

any time within one year after this chapter takes effect or within one

year after the date of resignation, an officer or member who has

resigned may make application to the commissioner for reinstatement and

the commissioner may, in his discretion, reinstate him, but the time

between the date of resignation and reinstatement shall not apply on his

time of service in the department.

Appeal from determination of commissioner. In case any such

officer or member is aggrieved by the determination of the commissioner

on any trial of charges, as specified in the preceding section, he may,

within thirty days after the rendering of such determination, take an

appeal therefrom on questions of law to the appellate division of the

supreme court. An appeal taken, as prescribed herein, shall be perfected

by the service of notice of appeal upon the commissioner. He shall,

within ten days thereafter, make and file with the county clerk of the

county in which the city is situated a complete return of the

proceedings on such trial. For the use of the parties and the court on

such appeal, the appellant shall cause a certified or stipulated copy of

said return to be printed and issued and all the rules and statutes

concerning the correction and service and use of a printed case on

appeal shall as far as appropriate be applicable to the correction,

service and use on appeal of said records.

Exemptions. No member of the police or fire department shall be

liable to military or jury duty or to arrest on criminal or civil

process while on duty.

Pension funds. The provisions of law governing the

establishment and maintenance of pension funds for the benefit of

members of the police and fire departments shall be unimpaired by this

chapter. The mayor, comptroller and commissioner of public safety and

their successors in office shall constitute the trustees of each such

fund and shall have the care, control, management and distribution

thereof.

Chief of police. The chief of police shall have the power and

it shall be his duty to enforce all rules and regulations of the

commissioner of public safety relating to the police department; to

commit any person charged with a criminal offense until an examination

shall be had before the proper magistrate; to administer oaths and take

affidavits in respect to all matters pertaining to his official duties,

and to perform such other duties as may be prescribed by law, the

commissioner of public safety, or ordinance of the common council.

Powers and duties of members of police department. The members

of the police department, other than surgeons, in criminal matters have

all the powers of police officers under the general laws of the state,

and they shall also have the power and it shall be their duty to arrest

any person found by them violating any of the penal ordinances of the

city or laws of the state, and to take such person before the proper

city magistrate. Such person shall be dealt with in the same manner as

if he had been arrested upon a warrant theretofore duly issued by such

magistrate. They shall report violations of law and ordinances coming to

their knowledge in any way under regulations to be prescribed by the

commissioner of public safety. They shall also have, in every other part

of the state, in criminal matters all the powers of constables and any

warrant for search or arrest issued by any magistrate of the state may

be executed by them in any part of the state according to the tenor

thereof without indorsement. They shall possess such other powers and

perform such other duties as may be provided by law or ordinance of the

common council.

Service of process. All criminal process for any offense

committed within the city, and all process to recover or to enforce any

penalty for the violation of any city ordinance issued out of any court

or by any magistrate within the city, and every process, subpoena or

bench warrant issued by the district attorney of the county in which the

city is situated, relating to any offense committed within the city, and

every process, subpoena or warrant issued by any coroner of such county

in any inquest held in the city relative to the death of any person, may

be served by any member of the police department.

Political activity prohibited. Any officer or member of the

police department who violates any provision of section 17-110 of the

election law shall be dismissed from office.

Department of health. The commissioner of public safety shall

exercise all the powers and be charged with all the duties conferred

upon or required of local boards of health by the laws of this state, so

far as the same pertain to cities, with the exceptions, limitations and

additions herein contained.

Health officer. No person shall be eligible to appointment as

health officer unless he shall be a physician and surgeon duly licensed

to practice under the laws of this state, and who has practiced as such

for at least ten years. The health officer shall possess such powers and

perform such duties as shall be delegated to or prescribed by the

commissioner of public safety or by ordinance of the common council.

Deputy health officer. The health officer by the authority and

under the direction of the commissioner of public safety may appoint a

deputy, to hold office during his pleasure. He may, when authorized by

the commissioner and subject to the approval of the board of estimate

and apportionment, appoint such other assistants and employ such health

and sanitary experts as may be required to carry into effect the powers,

decisions, orders and directions vested in said commissioner and health

officer by this chapter and otherwise by law. The compensation of such

deputy, assistants and experts shall be fixed by the commissioner,

subject to the approval of the board of estimate and apportionment.

Appeals from orders of health officer. Any person aggrieved by

an order, decision or direction of the health officer, may appeal

therefrom to the commissioner, who may affirm, reverse or modify the

order, decision or direction appealed from. Such appeal must be made by

serving on the health officer a written notice of appeal within two

days, Sundays and legal holidays excepted, or within such further time

as shall be allowed by the commissioner after the appellant receives

notice of the order, decision or direction appealed from. Within two

days after receiving such notice of appeal, Sundays and legal holidays

excepted, the health officer shall make a written return to the

commissioner of the facts and evidence on which such an order, decision

or direction is founded. Upon receipt of such return, or if no return be

made within the time specified, the commissioner shall forthwith proceed

to hear and determine the matter. Upon such appeal the commissioner need

not be confined to the evidence contained in the return but in his

discretion may take additional evidence. Until the decision of the

appeal be made, the order, decision or direction appealed from shall be

suspended. In case of failure to sustain the appeal, the commissioner

may, in his discretion, impose costs not exceeding ten dollars upon the

appellant.

Inspection of public buildings. The health officer and

superintendent of buildings may inspect and advise as to the proper

heating, ventilation and drainage of public buildings under the control

of the city or any of its departments, and in case any such building is

in use or in process of erection without, in the opinion of either,

proper arrangements for heating, ventilation or drainage, he shall,

subject to the right of appeal herein provided, stop the use or the

erection of such buildings, direct such arrangements to be made and

restrain further work upon the building until they are made.

Approval of plans for sewers and drains. All plans for sewers

and drains shall be submitted to the health officer for his approval

before contracts are let for the construction of the same, and, in case

he shall disapprove the same, such sewer and drains shall not be

constructed unless, on appeal to the commissioner, he shall approve the

same. The health officer has power, subject to the right of appeal

herein provided, to stop the construction or use of drains and sewers

which are not properly constructed or properly used, or which are not in

accordance with plans previously approved and adopted.

Actions to restrain nuisances. The commissioner is authorized,

by and with the advice and consent of the corporation counsel, in the

name of the city, to maintain actions to restrain the threatened

performance of any act contrary to his orders, directions, decisions or

ordinances or those of the superintendent of public buildings or any

violation of the rules and regulations of the department of buildings

and to restrain and abate nuisances; and for the purpose of obtaining a

temporary injunction in any such action no undertaking shall be

required.

Duty in case of peril to public health. In case of great and

imminent peril to the public health of the city, by reason of impending

pestilence, it shall be the duty of the commissioner, with the sanction

of the common council, if it be practicable to convene that body for

prompt action, or if not, when approved by the board of estimate and

apportionment, to take such measures, and to do, order, or cause to be

done, such acts, and to make such extraordinary expenditures in excess

of the sum appropriated to the department of health from moneys made

available pursuant to section seventy-six of this chapter or section

29.00 of the local finance law, for the preservation and protection of

the public health, as he may deem necessary and proper. Such peril to

public health shall be deemed to exist only when and for such period as

the commissioner and the board of estimate and apportionment, by

unanimous vote, shall determine.

Public health law applicable. The public health law, so far as

it pertains to cities, shall be applicable to cities of the second

class, except as herein expressly modified.

Subordinates. The superintendent of buildings may appoint such

subordinates as may be prescribed by the board of estimate and

apportionment to hold office during his pleasure, and who shall receive

such compensation as shall be fixed by said board.

Duties of superintendent. In addition to the duties of the

superintendent of buildings prescribed herein, or otherwise by law, the

common council shall by ordinance prescribe his duties, and he shall

have such power and authority in regard to the supervision and

inspection of the erection, construction or alteration of buildings and

other structures as shall be conferred by ordinance, not inconsistent

with the other laws of the state. The common council shall also have

power to establish by ordinance, and from time to time amend, a

"building code," providing for all matters concerning, affecting or

relating to the construction, alteration, repair or removal of buildings

and structures heretofore or hereafter erected; but no ordinance

amending, repealing or modifying such building code or any provision

thereof shall be passed by the common council until notice shall have

been published for at least ten days in the official paper or papers of

the city that on a day stated in such notice, the common council will

consider the adoption of a proposed ordinance amending, repealing or

modifying the building code, or a part thereof, generally or in respect

of a specified subject, and that a copy of such proposed ordinance is on

file in the office of the city clerk.

Application of chapter limited. Where, by special or local laws

affecting the city, a superintendent of buildings is provided for, the

provisions of this chapter shall not affect the manner of appointment,

tenure or term of office, removal or salary or compensation of such

superintendent, or impair any of the powers or duties possessed by or

conferred upon him under or by virtue of such special or local laws.

Department of assessment and taxation; powers and duties of

assessors. The assessors shall be the head of the department of

assessment and taxation. They shall appoint, to hold office during their

pleasure, such deputies, clerks, assistants and subordinates as the

board of estimate and apportionment shall prescribe. The assessors and

their deputies shall possess all the powers conferred, be subject to all

the obligations imposed and perform all the duties appertaining to the

office of assessors in the towns of the state in reference to the

assessment of property within the city, except as otherwise provided by

law. They shall perform all the duties now provided by law in reference

to the assessment of property for the purpose of levying taxes and

assessments for local improvements, imposed according to law. It shall

also be their duty to install scientific systems of assessment with tax

maps, unit rules and such other systems and records as may be necessary

and to gather and file useful and available information that appertains

to the value of property subject to their assessment.

Description of premises. In the assessment of any lands in the

city for any purpose, it shall be sufficient to state the name of one of

the owners of such lands if the owner or owners or any of them be

residents of the city and known to the assessors; if the owner or owners

be unknown to the assessors or if they be nonresidents and the ownership

is unknown to the assessors, then the assessment may be designated

unknown, and there shall be stated the number of the lot and the block,

if subdivided into lots and blocks and so designated upon the city map

last adopted by the common council, or the number of the lot or farm

lot, if not so subdivided into blocks and lots and so designated, and

also the street and number of any building thereon; but if the land be

vacant or the building thereon be not numbered, then the name of the

street on which it fronts and a brief description of the premises shall

be given. In case no inhabited building be on the land and the residence

of the owner be unknown, such owner may be designated as unknown. No

assessment hereafter made in said city shall be held to be invalid

because the same may be made out in terms against owner or owners

unknown or the estate of a deceased person, naming such person, or the

executor, administrator, heirs or devisees of a deceased person, naming

such person, or any of them or against a company or a firm name, or

against a person in whom is the record title, though not the actual

title of the property, or for any cause arising through ignorance or

mistake as to the names of the owner or owners of the property assessed,

whether individually or a corporation, provided such property is

sufficiently described on the assessment-rolls to reasonably identify

and indicate to a person familiar with the same the particular property

which it was intended to assess. Every assessment-roll shall be

considered as referring to the last adopted map, unless it be otherwise

stated therein.

Rebates and deficiencies. In all cases of assessment for

improvements the assessors 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 apportioned shall

exceed the actual cost of the improvement, including all expenses

connected therewith or incidental thereto, the comptroller shall certify

the amount of the surplus to the assessors 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

comptroller shall certify the amount of the deficiency to the common

council and assessors, and the common council and assessors shall

forthwith cause to be assessed and levied the amount of such deficiency

pro rata upon the property included within the original assessment and

the same shall be assessed, levied and collected in like manner as other

assessments of a like character.

Assessment not invalidated by irregularities. No assessment or

tax shall be vacated, set aside, canceled, annulled, reviewed or

otherwise questioned or affected by reason of any error, omission,

irregularity or defect, not actually fraudulent, in any of the steps or

proceedings required to be had or taken as preliminary to, or in the

making of, the assessment, or in the levying or collection of the tax,

nor in relation to or in connection with any proposal, designation of

materials, contract, work or improvement for or on account of which such

assessment was made or tax imposed. But all property shall be liable to

assessment and all assessments shall be valid and of full force and

effect notwithstanding any such error, omission, irregularity or defect.

Right to review assessment or tax for local improvement

limited. No action or proceeding to set aside, vacate, cancel or annul

any assessment or tax for a local improvement shall be maintained,

except for total want of jurisdiction to levy and assess the same on the

part of the officers, board or body 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 lawfully

levied or assessed.

Procedure on review. No action or proceeding shall be

maintained to set aside, vacate, cancel, annul, review, reduce or

otherwise question, test or affect the legality or validity of any

assessment or tax for a local improvement, except in the form and manner

and by the proceedings herein provided. If, in the proceedings relative

to an assessment or tax, entire absence of jurisdiction on the part of

the officers, board or body authorized by law to levy or assess the same

or to order the improvement on account of which the assessment was made

or tax imposed, is alleged to have existed or in case any fraud or

substantial error, other than the errors or irregularities specified in

the preceding section, by reason of which substantial damages have been

sustained, are alleged to have existed or to have been committed, any

party aggrieved thereby, who shall have filed objections thereto within

the time and in the manner specified by law therefor, may apply to the

supreme court at any special term thereof, held within the judicial

district in which the city is situated, for an order vacating or

modifying such assessment as to the lands in which he has an interest,

upon the grounds in said objections specified, and no other, and upon

due notice of such application to the corporation counsel. Each such

application shall be made within twenty days after the confirmation of

the assessment. Thereupon such court may proceed to hear the proofs and

allegations of the parties and determine the same, or may appoint a

referee to take the proof and report thereon, or to hear, try and

determine the same. If it shall be determined in such proceeding that

the officers, board or body had no jurisdiction to make the levy or

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 applying 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 of the 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 such amount as

is in the same proportion to such assessment or tax as the whole amount

of such unlawful increase is to the whole amount of the assessment or

tax for the improvement. An order so made in any such proceeding shall

be entered in the clerk's office of the county in which the city is

situated, 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. Costs and disbursements of any such proceeding may be

allowed in the discretion of the court. No appeal shall be allowed or

taken from the order made in any such proceeding, but the 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 parties complaining thereof

to have been 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 the equivalent of 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 comptroller shall certify such fact

to the common council and it shall be its duty to forthwith cause the

same to be relevied and reassessed in a proper manner.

Consolidation of separate proceedings. Two or more persons may

unite in commencing and prosecuting the proceedings to vacate or modify

assessments; and when two or more persons have commenced separate

proceedings to vacate or modify assessments for the same improvement,

the court before whom the same are commenced or pending, or a judge

thereof at special term or chambers may, by order, upon due application

and notice, consolidate such separate proceedings into one proceeding.

State lands. Nothing herein contained shall affect any

assessment upon lands owned by the state nor be deemed to repeal or

modify any of the provisions of section twenty-one of the public lands

law.

Commissioner; deputy. The commissioner of public welfare may

appoint one or more deputies, and such other subordinates as may be

prescribed by the board of estimate and apportionment. In case of the

absence or disability of the commissioner or of a vacancy in the office,

a deputy shall discharge the duties of the office until the commissioner

returns, his disability ceases or the vacancy is filled. The

commissioner, and the deputies before entering upon the discharge of the

duties of their respective offices, shall each execute and file with the

city clerk an official undertaking in such penal sum as may be

prescribed by the common council.

Powers and duties of commissioner. The commissioner of

charities shall have the general care, management, administration and

supervision of the charities, almshouses, hospitals, houses of

correction, orphan asylums and all other similar institutions, the

control or government of which belongs or is intrusted to the city. He

shall make regulations for the expenditure of the moneys appropriated

for the support or relief of the poor and for the general supervision of

such expenditures. He shall investigate fully the circumstances of all

persons alleged to be destitute or without proper means of support, or

without proper guardianship, or who are in danger of becoming or are a

public burden in any respect; and also the circumstances of their

relatives or other persons whose duty it is to relieve or maintain them

or contribute to their support; also to institute and prosecute any and

all actions and proceedings authorized by law to compel any and all

persons liable for the care, maintenance, education or support of any

such destitute or dependent persons to contribute thereto, and to

indemnify the city and public against any expenditures on account

thereof. He shall also prosecute any and all bonds, undertakings or

recognizances given for any of the purposes herein mentioned or in any

manner relating thereto. Any and all moneys recovered in any such suit,

action or proceeding or otherwise paid to or received by the said

commissioner on account of the care, maintenance, relief, education or

support of any such persons shall be deposited by the commissioner with

the city treasurer as a trust fund, and the same shall be applied and

expended by the said commissioner for the purpose on account of which

the same were paid. Any surplus remaining in said fund at the close of

the fiscal year shall be treated as an unexpended balance of money

appropriated for such department. The commissioner shall furnish to and

file with the comptroller a monthly statement in detail of all receipts

and expenditures, including the aid and relief granted by him, with the

names and addresses of all recipients.

City owner of supplies. The city shall continue to be the owner

of supplies furnished to any poor person or applicant for relief until

the same are consumed. If any person to whom the same shall be furnished

shall sell or exchange the same for money or intoxicating liquors or in

any way dispose of the same other than in the manner directed, such

conduct shall be deemed a misdemeanor.

Liability of city. Nothing contained in this chapter shall be

deemed to make the city liable for the support or relief of any poor

person when it is not otherwise so liable.

Jurisdiction of police court. If, under the general or local

laws, there now exists or shall hereafter be established in the city a

court of criminal jurisdiction known as the police court, it shall have

the jurisdiction and powers hereinafter provided.

Police justice. There shall be one justice of the court to be

known as the police justice. Said office shall be filled by election by

the electors of the city at the city election. The term of the police

justice shall be six years and he shall receive an annual salary, to be

fixed by the board of estimate and apportionment, provided, however,

that if the city does not have or is not authorized by law to have more

than one officer possessing the jurisdiction of a court of special

sessions, such salary shall be fixed at not less than thirty-five

hundred dollars per annum. If a police justice in any city shall have

served as such for more than twelve consecutive years, the board of

estimate and apportionment may, notwithstanding the provisions of

section seventy-four of this chapter, increase the salary of such

justice, from time to time, during his term of office, to take effect at

the time of any such increase or from the first day of January of the

current calendar year, as the board may determine. No person shall be

eligible for election to the office of police justice unless he be an

elector and has been an attorney of the supreme court of the state for

five years. In case of the absence or disability of the police justice

or of a vacancy in the office, any city judge or judge of the municipal

court shall perform the duties of the office until the police justice

returns, his disability ceases or the vacancy is filled. In the city of

Albany, in the case of the absence, disability or unavailability of the

police justice or of a vacancy in the office, the recorder of the city

or any justice of the city court of Albany shall perform the duties of

the office of police justice until such justice returns, his disability

ceases or the vacancy is filled.

Vacancy, how filled. When a vacancy shall occur, otherwise than

by expiration of term, in the office of police justice, the same shall

be filled, for the balance of the unexpired term, at the next city

election happening not less than thirty days after such vacancy occurs.

Until such vacancy shall be so filled, the mayor may appoint a qualified

attorney to fill the same, who shall hold office until the first day of

January after the election at which his successor is elected.

Jurisdiction and powers. The police court shall have, in the

first instance, exclusive jurisdiction to try and determine all charges

of misdemeanor, committed within the city and shall also have exclusive

jurisdiction to try and determine all complaints and charges for

violation of city ordinances, and shall have the power and jurisdiction

now or hereafter conferred upon local criminal courts by section 10.30

of the criminal procedure law. But any charge of misdemeanor pending

before said police court or police justice may be removed to a court

sitting with a grand jury by the same method now or hereafter provided

in sections 170.20 and 170.25 of the criminal procedure law; but a

complaint or charge for a violation of a city ordinance shall not be

removed.

Further jurisdiction. The police justice shall also possess all

the powers and jurisdiction of a magistrate, which are or may be

conferred by law upon justices of the peace, concerning offenses

committed within the city. He shall possess such other powers and

perform such other duties as are now or may be conferred or imposed by

law.

Office hours. It shall be the duty of the police justice to be

present at the police court rooms at such times and during such hours as

the public interest may require, unless necessarily detained therefrom.

Clerk. The police justice shall have a clerk of the court, who

shall be the confidential appointee of said justice, and who shall have

the power to take informations upon which warrants for the arrest of

persons charged with the commission of crimes may be issued by said

justice. The clerk shall also have the power to issue and sign

subpoenas, to administer oaths to witnesses, to make and sign

executions, commitments and certificates of conviction and to certify to

and sign copies thereof for the execution of any judgment rendered in

police court, as police justice or as a court of special sessions. The

clerk of the court shall receive all penalties and other moneys or fees

payable in such court, and shall pay the same into the city treasury

once in each week, and shall file with the comptroller, monthly, an

itemized statement of the same. The said justice shall have such other

clerical assistance as the board of estimate and apportionment may

prescribe; and, if said board creates the office of deputy clerk, then

said deputy clerk shall have the same powers as the clerk of the court.

All clerks appointed by the justice shall serve during his pleasure.

Said appointments shall be in writing and filed with the clerk of the

county in which the city is located and with the city clerk. Said clerk

and deputy, if any, before entering upon the discharge of the duties of

their respective offices shall each execute and file with the city clerk

an official undertaking in such penal sum as may be prescribed by the

common council. The police justice may appoint, and at pleasure remove,

a police court attendant, who shall perform such services as may be

required of him by the police justice and shall be subject to the order

and control of said justice and of no other person. He shall be in the

exempt class of the civil service, and shall receive such salary as

shall be fixed by the board of estimate and apportionment. The police

justice may appoint a member of the police department to said position,

and in such case said appointee shall be paid upon the certificate of

the police justice from the same fund as other police officers, and when

he shall retire from office he shall be reassigned to duty by the chief

of police to the rank from which he came.

Trial by jury. In the police court, at the time of interposing

any plea which forms an issue of fact, the defendant may demand a trial

by jury, and unless so demanded then a trial by jury is waived.

Jurors and juries. Jurors for the trial of an action in which a

jury has been demanded shall be drawn and summoned and a trial jury

shall be procured in all respects in accordance with the provisions of

the justice court act. A police officer shall have all the powers and

duties of a constable under those provisions.

Pay of jurors. Jurors in the police court shall receive the

same compensation as jurors in justice's court held by justices of the

peace except that in the police court of the city of Albany jurors shall

receive such compensation as may be provided by the board of estimate

and apportionment of the city of Albany.

Corporation counsel. The corporation counsel shall be the head

of the department of law. He may appoint, to hold office during his

pleasure, a first assistant and such other subordinates as may be

prescribed by the board of estimate and apportionment. In case of the

absence or disability of the corporation counsel, or of a vacancy in the

office, the first assistant shall discharge the duties of the office

until the corporation counsel returns, his disability ceases or the

vacancy is filled. The corporation counsel and first assistant before

entering upon the discharge of the duties of their respective offices,

shall each execute and file with the city clerk an official undertaking

in such penal sum as may be prescribed by the common council.

Duties of the corporation counsel. The corporation counsel

shall be and act as the legal adviser of the common council and of the

several officers, boards and departments of the city. He shall appear

for and protect the rights and interests of the city in all actions,

suits and proceedings brought by or against it or any city officer,

board or department, including the commissioner of charities in bastardy

proceedings; and such officer, board or department shall not employ

other counsel. The corporation counsel may, however, with the written

consent of the mayor, employ counsel, at such compensation as may be

approved by the board of estimate and apportionment, to assist him in

the argument and conduct of important cases or proceedings in which the

city or any officer, board or department thereof is interested or a

party.

Costs. Neither the corporation counsel, deputy, clerk, or any

other subordinate or assistant, shall receive any fee or compensation of

any kind, other than the salary fixed by law or by the board of estimate

and apportionment.

Account of moneys collected. The corporation counsel shall pay

over at once to the city treasurer, for and on behalf of the city, all

moneys collected by him for and on behalf of the city, including fines

and penalties.

Certification and approval of contracts and conveyances. No

written contract providing for the payment of two hundred dollars or

more, entered into by the city or any of its officers, boards or

departments, shall become effective or be acted under until there shall

be indorsed thereon by the corporation counsel or an assistant, a

certificate to the effect that the city officer, board or department

which has executed the same on behalf of the city, had authority and

power to make such contract, and that such contract is in proper form

and properly executed; he shall approve all deeds, conveyances, leases

and abstracts of title affecting property acquired, conveyed to or

leased by the city; and he shall attend to all the law business of the

city and discharge such other duties as may be prescribed by law or

ordinance of the common council.

Compromise of claims. The corporation counsel shall, whenever

he considers that the interests of the city will be subserved thereby,

enter into an agreement in writing, subject to the approval of the board

of estimate and apportionment, to compromise and settle any claim

against the city, which agreement shall constitute a valid obligation

against the city; and the amount therein provided to be paid shall, with

interest thereon from its date, be included in the next city tax budget

and be collected and paid the same in all respects as a judgment against

the city. If, however, before the adoption of the city tax budget there

shall be received by the city treasurer from any source any moneys not

otherwise appropriated, the amount in the agreement provided to be paid

out of such moneys so received, so far as they will satisfy the same.

Judgments against the city. The amount of any judgment

recovered against the city and payable by it, remaining unpaid, with the

interest due thereon, in case the time to appeal therefrom has expired

and no appeal has been taken, or a certificate of no appeal therefrom

has been given by the corporation counsel, or in case such judgment is

finally affirmed, or an appeal taken and the execution thereon shall not

be stayed, shall be reported to the common council immediately after the

same shall have become payable, as aforesaid; and the amount thereof

shall be included in the next city tax budget. Such judgments shall be

paid in the order of their recovery out of the moneys first paid into

the city treasury on account of the annual taxes or, prior thereto, out

of the proceeds of tax anticipation notes issued in anticipation of the

collection of such taxes or out of the proceeds of budget notes. If,

however, there be any moneys in the treasury to the credit of any fund

derived from city revenues, other than taxation, in excess of the

estimated revenues from such source, and not otherwise appropriated,

sufficient to satisfy judgments against the city, the comptroller shall

issue warrants for the payment of such judgments out of said funds in

the order of their recovery. Until the moneys applicable to the payment

of a judgment have been raised and paid into the city treasury and

payment of the judgment has been refused, no execution shall issue

against the city unless the amount of such judgment shall not have been

included in the tax budget.

Supervisors. Supervisors shall have the powers and perform the

duties of supervisors of towns under the general laws of the state, and

other laws applicable thereto.

Sealer of weights and measures. The sealer of weights and

measures shall, within the city, have the powers and perform the duties

of sealers of weights and measures of towns under the general laws of

the state. He shall supervise the weighing of coal and perform such

other duties as may be prescribed by law or ordinance of the common

council. He shall receive a salary, to be fixed by the board of estimate

and apportionment, and no fees shall be charged or collected by him or

by the city for his services.

Additional allowances. No allowance or compensation, in

addition to the salary or compensation prescribed by law or authorized

by this chapter or otherwise by law, shall be paid to any officer or

employee of the city or to any person paid out of the city funds, nor

shall any amount in excess of the sum payable under any contract be paid

on account thereof.

Books and papers to be public records. All books, papers and

documents filed with or constituting a part of the records or

proceedings of any officer, board or department of the city, shall be

deemed to be public records and shall, during office hours, be open to

public inspection.

Inhabitants not incompetent; place of trial of actions and

proceedings. Upon the trial of any issue or the prosecution of any

proceeding, or upon the taking or making of any inquisition, appraisal

or award, or upon the judicial investigation of any facts whatever, to

which issue, proceedings, inquest, investigation or award the city is a

party, or in which the city may, in any way, be interested, no person

shall be deemed incompetent as a judge, referee, commissioner, witness

or juror by reason of his being an inhabitant, freeholder or taxpayer of

the city. The place of trial of all actions and proceedings against the

city, or any of its officers, boards or departments shall be the county

in which the city is situated.

Witnesses not to be excused from testifying. In any criminal

proceeding before a court or grand jury or in any investigation or

inquiry before the common council, or any committee thereof, or before

any officer conducting an investigation, touching the knowledge of such

witness as to any offense committed in violation of the provisions of

this chapter or ordinance of the city; the court or grand jury, or the

common council, committee or officer, may confer immunity in accordance

with the provisions of section 50.20 or 190.40 of the criminal procedure

law; provided, however, that no immunity shall be conferred except upon

twenty-four hours prior written notice to the appropriate district

attorney having an official interest therein.

Liability of city in certain actions; commencement of actions.

No civil action shall be maintained against the city for damages or

injuries to person or property sustained in consequence of any street,

highway, bridge, culvert, sidewalk or crosswalk being defective, out of

repair, unsafe, dangerous or obstructed unless it appears that written

notice of the defective, unsafe, dangerous, obstructed condition of such

street, highway, bridge, culvert, sidewalk or crosswalk was actually

given to the commissioner of public works, and that there was a failure

or neglect within a reasonable time after the giving of such notice to

repair, or remove the defect, danger or obstruction complained of, or,

in the absence of such notice, unless it appears that such defective,

unsafe, dangerous or obstructed condition existed for so long a period

that the same should have been discovered and remedied in the exercise

of reasonable care and diligence. But no such action shall be maintained

for damages or injuries to the person sustained solely in consequence of

the existence of snow or ice upon any sidewalk, crosswalk or street,

unless written notice thereof, relating to the particular place, was

actually given to the commissioner of public works and there was a

failure or neglect to cause such snow or ice to be removed, or the place

otherwise made reasonably safe within a reasonable time after the

receipt of such notice. The city shall not be liable in a civil action

for damages or injuries to persons or property or invasion of personal

or property rights, of any name or nature whatsoever, whether casual or

continuing, arising at law or in equity, alleged to have been caused or

sustained, in whole or in part, by or because of any omission of duty,

wrongful act, fault, neglect, misfeasance or negligence on the part of

the city, or any of its agents, officers or employees, unless a notice

of claim shall have been made and served in compliance with section

fifty-e of the general municipal law. Every action upon such claim shall

be commenced pursuant to the provisions of section fifty-i of the

general municipal law.

Definition of words. The word "his," as used in this chapter

shall, in all proper cases, be held to include and be co-extensive with

the words "her," "it" and "their;" the word "person," shall be held to

include and be co-extensive with the words "persons," "company,"

"joint-stock association" and "corporation." The word "street" shall be

held to include and be co-extensive with "roads," "avenues," "highways,"

"alleys" and "squares;" the word "work" shall be held to include and be

co-extensive with "improvements" and "repairs;" the word "materials"

shall be held to include and be co-extensive with "supplies,"

"stationery," "books," "furniture" and "repairs to furniture;" the word

"tax" shall in all proper cases be held to include and be co-extensive

with "water rents or rates," "assessments or reassessments for local

improvements," and the singular noun shall be held to include and be

co-extensive with the plural.

Construction. The provisions of this chapter have reference

only to a city of the second class. This chapter is intended to be and

shall be deemed and held in all courts and jurisdictions to be a public

act of which the courts shall take judicial notice. This chapter shall

be construed not as an act in derogation of the powers of the state but

as one intended to aid the state in the execution of its duties, and

shall be liberally construed so as to carry into effect the objects and

purposes thereof.

Saving clause. Nothing contained in this chapter shall be

construed to repeal any statute of the state or ordinance of the city or

rule or regulation of the board of health, not inconsistent with the

provisions of this chapter, and the same shall remain in full force and

effect, when not inconsistent with the provisions of this chapter, to be

construed and operated in harmony with its provisions. The powers which

are conferred and the duties which are imposed upon any officer or

department of the city under any statute of the state, or any city

ordinance which is in force at the time of the taking effect of this

chapter shall, if such office or department be abolished by this

chapter, be thereafter exercised and discharged by the officer, board or

department upon whom is imposed corresponding or like functions, powers

and duties under the provisions of this chapter. Where any contract has

been entered into by the city prior to the time of the taking effect of

this chapter, or any bond or undertaking has been given to or in favor

of the city, which contains provisions that the same may be enforced by

some officer, board or department therein named, but by the provisions

of this chapter such office, board or department is abolished, such

contracts, bonds and undertakings shall not in any manner be impaired,

but shall continue in full force, and the powers conferred and the

duties imposed with reference to the same upon the officer, board or

department which has been abolished, shall thereafter be exercised and

discharged by the officer, board or department upon whom is conferred or

imposed like powers, functions or duties under the provisions of this

chapter. The park commission, in any city, which at the time this

chapter takes effect, has jurisdiction of its park system, is continued

in office notwithstanding the provisions of this chapter, with all the

powers and subject to all the duties, conferred and imposed upon such

commission by law.

Laws repealed. The following acts and parts of acts are hereby

repealed:

1. Of the laws enumerated in the schedule annexed, that portion

thereof specified in the last column.

2. All acts or parts of acts and ordinances of the city, in so far as

inconsistent with the provisions of this chapter.

Nothing herein contained, however, shall be deemed to repeal or in any

wise affect the validity of the provisions of chapter five hundred and

sixty of the laws of nineteen hundred and two; chapter three hundred and

seventy-eight of the laws of nineteen hundred and three; chapters one

hundred and seventeen, three hundred and ninety-four and five hundred

and fifty-three of the laws of nineteen hundred and three; chapter three

hundred and eighty of the laws of nineteen hundred and four; chapters

one hundred and eighteen, one hundred and ninety-one, two hundred and

twenty-three, five hundred and forty, five hundred and forty-one, five

hundred and forty-three, six hundred and forty-five, six hundred and

seventy-six and six hundred and eighty-six of the laws of nineteen

hundred and five; but all of such acts are hereby continued in full

force and effect.

When to take effect. This chapter shall take effect

immediately.