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51. General powers and duties of commissioner of public works.

52. General powers and duties of president of the common council and aldermen.

53. General powers and duties of sealer of weights and

measures.

54. General powers and duties of marshals.

55. General powers and duties of assessors.

56. General powers and duties of health officer.

57. General powers and duties of supervisors.

58. General powers and duties of superintendent of fire alarm.

59. Powers and duties of commissioners of charity and charity commissioners districts.

60. General powers and duties of commissioners of deeds. 61. Powers and duties of other city officers.

§ 45. General powers and duties of mayor. The mayor shall be the general executive officer of the city. He shall:

1. See that the city departments, boards, commissions and officers faithfully perform their duties.

2. Use the powers and resources at his command for the maintenance of peace and good order within the city.

3. Be vigilant and active in causing the laws of the state and the ordinances of the common council to be executed and enforced within the city.

4. Communicate by written message to the common council, at least once a year, a statement of the finances and general condition of the affairs of the city, with such recommendation in relation thereto as he may deem proper.

5. Give such information in relation to the same as the common council may from time to time require.

6. Receive and examine complaints against any city officer for neglect of duties or malfeasance in office, and shall immediately present the same to the common council.

7. Have power to call out the police and firemen in case of riot, conflagration or other public emergency, and in such case take command of the police force, including the chief executive officer thereof.

8. When he deems necessary, to call together the heads of the different departments, boards, commissions and officers of the city for consultation and advice in relation to the city affairs, and

require them to report in writing at such meeting in regard to the transactions of the respective departments, boards, commissions and officers, and it shall be the duty of said heads and offcers to attend such meeting and submit such reports to the mayor without delay. The city clerk shall attend such meeting and make a record of its transactions and keep such record in his office.

9. Execute all deeds made by the city and shall cause to be affixed thereto the city seal, except tax deeds.

10. Have the authority at all times to examine records of any department, board, commission, office, officer or employee and may appoint one or more competent persons to examine without notice the records and accounts of any city department, board, commission, office, officer or employee, and the moneys, securities and property belonging to the city in the possession or charge thereof, and to report to him the result of such examination. Upon such examination conducted by the mayor, he may take proof and testimony. The mayor may fix the compensation, not exceeding five dollars per day, to be paid to such persons appointed and employed by him and such compensation shall be a legal charge against the city.

§ 46. 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. In case of a permanent vacancy in such office, the president of the common council shall have and receive the compensation of mayor while acting in the discharge of the duties of mayor.

847. General powers and duties of city clerk. The city clerk shall:

1. Be clerk of the common council and keep a journal of its proceedings.

2. Be a member of the board of public safety hereinafter created, and shall be clerk thereof and keep a journal of its proceedings.

3. Be clerk or secretary of such other boards or commissions having no clerk or secretary, as the common council may by ordinance prescribe.

4. Transmit to each department, board, commission or officer, a copy of every ordinance or resolution of the common council or board of public safety affecting the department, board, commission or office.

5. Be the custodian of the city seal, and all records and documents of the city, whose custody is not in some other department, board, commission or officer.

6. Upon payment of a fee of ten cents per folio from each person, other than a city officer, make a certified copy of any record or document in his office under the seal of the city.

7. Keep an accurate account of all fees and moneys received by him as such clerk, other than his salary, and within ten days after the receipt thereof pay the same to the city treasurer and which shall be credited to the general fund, for which he shall take receipt and file the same in his office.

8. Possess the powers and discharge all the duties and liabilities of a town clerk in relation thereto, and the office of city clerk shall be a town clerk's office and the city be deemed a town, for the purpose of depositing and filing therein all books and papers required or authorized by law to be filed in a tow. clerk's office. 9. Have such other powers and duties as may be prescribed by statute, ordinances or resolution of the common council. § 48. General powers and duties of city treasurer. treasurer shall:

The city

1. Be the fiscal officer of the city and shall keep a separate account of the different funds of the city, and shall not pay out any moneys chargeable to any fund in excess of the amount standing on his books to the credit of such fund, and shall not knowingly pay any moneys from any fund which is not properly chargeable

thereto.

2. Be the collector of all taxes and assessments, including state and county taxes, and shall have the care and custody thereof, and shall disburse the moneys belonging to or due the city from every source, except as otherwise provided by law.

3. Deposit daily to the credit of the city in such banks or trust companies as shall be designated by the common council for such purpose all moneys received by him each day except where such daily receipts do not exceed one hundred dollars.

4. Before the first meeting of the common council in each month file with the city clerk a report showing in detail the total expenditures and receipts of city moneys during the next preceding calendar month, a summary statement of the receipts and expenditures of the city moneys during that portion of the current fiscal year expiring with the last day of such preceding month and the balance at the end of such month, standing to the credit of each of the city funds. Such statement shall be in such form as shall be prescribed from time to time by the common council. An abstract of such report shall, if the common council so directs, be published each month at least once in the official newspaper of the city.

5. Have the possession of the warrants and assessment rolls, which may from time to time be delivered to him by the supervisors or the clerk of the city.

6. Enter daily in suitable books, as may be prescribed by the common council, all sums of money received by him, on whose account the same shall have been paid, and at the expiration of each month exhibit the same to the mayor and finance committee of the common council for inspection.

7. Enter in a column in the assessment rolls opposite the names of the persons or corporations who shall pay taxes or assessments, the fact, amount and date of payment.

8. Keep a record of all persons and their addresses who may pay taxes for non-residents of the city, and the addresses of such non-residents, so far as he can ascertain the same.

9. Be the custodian of all securities, obligations and other evidence of debt belonging to the city.

10. Annually settle with the common council and as much oftener as they may require, for all city and school tax rolls and warrants, and local assessment rolls and warrants issued to him and for all moneys received or collected by him for school and other city purposes, and shall account for all moneys paid upon warrants, drafts and orders of the common council or board of education.

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11. Pay out no moneys unless the same has been audited in accordance with the provisions of this act and upon warrants signed by the mayor, acting mayor and city clerk, or upon war

rants drawn and signed by the president of the board of education. and superintendent of schools.

12. Have such other powers and duties as may be prescribed by statute, ordinance or resolution of the common council.

13. Employ a clerk in his office when authorized by the common council, at such compensation as may be fixed by it, and which position shall be exempt from the provisions of the civil service law. The treasurer and the sureties on his official bond and the bonds which may be given by him shall be jointly and severally liable for all acts of such clerk. The treasurer may discharge any such clerk appointed by him without notice.

49. Bond of city treasurer. Before entering upon the discharge of his duties, the city treasurer shall execute and file with the city clerk an official bond in such penal sum as may be prescribed by the common council, not less than thirty thousand dollars, nor more than the aggregate amount of money received by the treasurer of the city during the last fiscal year. The surety in such bond shall be a fidelity or a surety corporation and the reasonable expense of procuring such surety shall, together with the bond which may be required to be given by the clerk of said treasurer, be a charge against the city. Such bond when approved as provided by law shall be filed in the office of the city clerk.

§ 50. General powers and duties of the city engineer. The city engineer shall:

1. Keep in the office of the city clerk books and records properly indexed, in which shall be entered a survey and map of every street, park, avenue, lane, sidewalk, water main and service pipe, sewer and sewer inlet and conduit, with location and grade thereof as far as practicable, both those heretofore established and which may hereafter be established, which shall be and remain the property of the city.

2. Perform all the ordinary civil engineering, make preliminary surveys, prepare all plans, profiles and specifications and perform all engineering work which may be directed by the mayor, common council and commissioner of public works, and such other duties as shall by this act or by law or ordinance be provided.

3. While construction work is in progress, be allowed such additional compensation for his services in supervising and directing such work, at such rate per day as may be fixed by the common council.

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