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$150-c. It shall be the duty of the common council within fif teen days after receiving the certificate of the board of education hereinbefore required, of the sum necessary or proper to be raised for school purposes, to determine and certify to said board of edu cation the amount that will be raised by them for the ensuing fiscal year for said board of education.

4. This act shall take effect immediately.

Chap. 131

AN ACT to authorize the city of Utica to borrow money and issue bonds for the purpose of completing the changing of the channel of the Mohawk river between said city and the town of Deerfield, and to authorize the superintendent of public works to accept said new channel.

Became a law, April 4, 1907, with the approval of the Governor. Passed, by a two-thirds vote.

Accepted by the city.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Issue of bonds. The city of Utica is hereby authorized to borrow money and issue bonds for the purpose of com pleting the changing of the channel of the Mohawk river between the city of Utica and the town of Deerfield, as provided by chap ter ninety-three of the laws of eighteen hundred ninety-one, a amended by chapter five hundred seventy-nine of the laws of nineteen hundred one, as amended by chapter five hundred eighty one of the laws of nineteen hundred two, as amended by chapte three hundred sixty-seven of the laws of nineteen hundred two. as amended by chapter one twenty-six of the laws of nineteen hundred three. The amount so authorized to be borrowed shall be placed at the disposal of the board of commissioners for chang ing the said channel in the same manner as provided by said chapter ninety-three of the laws of eighteen ninety-one, for the purposes herein specified and no others. The bonds so issued shall be issued in the same manner and on the same terms as pro vided for the issue of bonds by said act of eighteen ninety-one. and the total amount thereof shall not exceed the sum of fifty thousand dollars.

2. Use of funds. The said commission shall use the fund raised as provided by the preceding section as follows, to wit It shall advertise for bids, under such conditions as it shall prescribe, for the completion of the work as provided in the original plans and specifications, all the said above specified work to be done according to plans and specifications as originally adopted by the commission pursuant to the act of eighteen ninety-one, with power of amendment of said plans as provided in said original act subject to the approval of the city engineer of the city of Utica. Upon the coming in of such bids the commission shall enter into a contract with the lowest responsible bidder, provided, however, that the commission have the right to reject any and all bids if they deem advisable, and readvertise for new bids, who shall furnish a bond in two-thirds of the amount of the bid, for the doing of said specified work. Said work shall be done under the supervision of the city engineer of the city of Utica. The commission shall at all times during the performance of said contract keep available and to its credit funds sufficient for the complete carrying out of the same on its part.

3. Acceptance of new channel. When the said work herein provided for has been done properly and in accordance with the said plans and specifications, the city engineer shall certify the fact to the commission. The commission shall then report to the superintendent of public works that such work has been so done, and if he shall find that it has been done in a proper manner, he shall file a certificate to that effect in the office of the secretary of state, and the said present channel shall thereupon cease to be a highway or river, and all title and interest of this state in the bed thereof shall vest in the city of Utica, and the said new channel shall become the channel of the river and a public highway, with the same force and effect as if the work had been accepted as provided in said original act of eighteen ninety-one.

§ 4. Payment of debts of commission. The city of Utica is further authorized to borrow money in addition to that hereinabove authorized, and to issue bonds, in a sum sufficient to satisfy and discharge all lawful existing indebtedness of the said board of commissioners for changing the channel of the Mohawk river, including the payment of damages to riparian owners upon the old channel of said river for diverting the water thereof. Said bonds shall be issued by the common council of said city in the

same manner as provided in section one of this act, and chapter ninety-three of the laws of eighteen ninety-one, and shall be so issued when the said commission shall certify under oath to said council the total amount necessary to discharge the said indebtedness. The commission shall apply any funds already available to it, except funds heretofore declared by statute to be applicable to any other purpose, toward satisfying its said existing indebted ness in so far as said funds will satisfy the same, and it shali satisfy the balance thereof with the funds supplied, as provided in this section.

§ 5. Filing of records by commission. When the new channel has been accepted as provided in section three, and the indebtedness of the commission has been paid and discharged, the commission shall deposit its records and accounts and transfer the balance of its funds as provided in sections thirteen and fourteen of the original act of eighteen ninety-one. The commission shall thereupon cease to exist, and all rights to any moneys due or that may become due to it for any cause whatever, and all other rights of every nature that may be possessed by it, shall pass and enure to the benefit of the city of Utica.

§ 6. All actions to recover upon or for breach of contract made by said commission or upon any bond or obligation entered into or taken by it, or for materials disposed of by the commission, and for every cause of action arising upon such bond or obligation or growing out of the matters and transactions of said commission which have accrued or shall accrue to said commission, shall be brought by and in the name of the city of Utica, by the corporation counsel, subject to the order and approval of the common council of said city, and hereafter the corporation counsel shall act as the attorney for said commission, and without extra compensation.

§ 7. Any and all acts or parts of acts inconsistent herewith ar hereby repealed.

8 8. This act shall take effect immediately.

Chap. 132.

AN ACT to incorporate the Odd Fellows Temple Association of the city of Cohoes, New York.

Became a law, April 4, 1907, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The following named persons, namely: James H. Swatling, Melville S. Jackson, John F. Noe, Matthew E. Platz, Parker G. Tymerson, Caleb J. Slade, Henry Busher, William Ross, Herman Kahn, Ernest Goulding, Edward W. Smith, William Slater, George A. Sidebotham, John Hanton and Quentin S. McNeill, and all other members in good standing, of Spartan lodge, number two hundred and ten, independent order of odd fellows, are hereby made a body corporate, under the name and title of the "Odd Fellows Temple Association, of the city of Cohoes, New York," for the purpose of acquiring, purchasing, leasing, taking and holding suitable grounds and building or buildings, or to erect on such grounds a suitable building or buildings, or complete suitably and proper any building or buildings it may desire to purchase already erected or in process of erection, on any grounds it may acquire by purchase or lease or otherwise in said city of Cohoes, New York, and furnishing the same for the use and accommodation of the odd fellows fraternity in said city of Cohoes, and for the purpose of constructing, completing, maintaining and managing an odd fellows hall or temple in said city of Cohoes, New York, purchasing or leasing the necessary grounds therefor, with all the authority, franchises and powers conferred upon corporations by the general laws of this state.

2. The persons named in the first section of this act shall be and they are hereby constituted the first directors of said corporation, and they shall hold their office until their successors are elected as hereinafter provided.

83. At the regular annual meeting, for the election of officers of said lodge, in the month of December, in the year one thousand nine hundred and seven, it shall elect from its members fifteen directors in place of the directors whose terms of office are then bout to expire, three for the term of one year, three for the rm of two years, three for the term of three years, three for the term of four years and three for the term of five years, and at

each succeeding annual meeting in December of each year, for the election of officers of said lodge, it shall elect from its members, three for the term of five years in place of those directors whose term is about to expire. In case of any vacancy arising in said board by death, resignation or otherwise, prior to the expiration of the official term of said director, it shall be lawful for said Spartan lodge of odd fellows, number two hundred and ten, at any regular meeting, to fill such vacancy for the unexpired term, by an election held at that time. No one shall be elected or be permitted to remain a director of said corporation, except he is a member in good standing of Spartan lodge number two hundred and ten of the independent order of odd fellows.

4. The said board of directors shall organize, by electing from their number a president, vice-president, secretary and treasurer, who shall hold office for such period of time as may be approved by the rules of said board, not exceeding the term of one year. Each of said officers shall have all the rights and powers and perform all the duties usually possessed by and incumbent upon such officers; and said board of directors may, from time to time, elect or appoint such committees or subordinate officers or agents as may be necessary or proper for such corporation and the transaction of the business of the board. The board of directors shall make such by-laws, rules and regulations as they may deem necessary and proper not inconsistent with its charter, not contrary to the laws and constitution of this state, and may, from time to time, amend, alter or repeal the same as they may deem proper for the management of the affairs of said corporation.

5. The said corporation shall have the right to receive money or property by voluntary gift or bequest or by subscription for the purposes mentioned in this act, the erection and maintenance of an odd fellows temple in the city of Cohoes, New York.

§ 6. The said corporation shall have power to borrow such sums of money as may be required for the purchase of lands or buildings for said corporate purposes, or for the purpose of constructing or erecting of a suitable building or buildings partly erected, or for the purpose of constructing or erecting or finishing the erection of a suitable building or buildings as aforesaid, or for the purpose of discharging any indebtedness incurred by said corporation in completing said purchase, or for the purpose of finishing, rebuilding, reconstructing, altering, repairing, furnishing or remodeling any building or buildings owned by said cor

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