formed in

case of

to be re

chamber

received

reports.

to appoint some suitable person to discharge the duties of the office, be perthe mayor may appoint some suitable person, to be approved by the common council, to discharge the duties of such officer during such illness, etc. sickness or absence. The person so appointed by the mayor and approved by the common council shall give a bond, as by this act is required to be given by the chamberlain, and to be approved in the same manner. It shall be the duty of the chamberlain of said city to Taxes only receive all State, county and city taxes and assessments, taxed or ceived at assessed upon real or personal property in the city of Troy, at his office of office and not elsewhere, upon all assessment rolls and warrants which lain. shall be delivered to him according to law, also to collect and receive all claims due the city from any other source. The said chamberlain Sums shall enter in suitable books, to be kept by him for that purpose, the to be sums received by him for taxes, designating on what account the said entered. taxes were paid, with a statement of the district for which said taxes were received, and the names of the parties respectively on whose account the same were paid, the amount added to any items of any assessment or tax as shown upon the tax warrants, or any assessments of the local assessors, and the time when the same was paid. And it shall be the duty of the chamberlain to report to the comptroller of Monthly the city of Troy, and to the common council at the first of each and every month, the amount received by him for taxes during the preceding month, designating in said report the several items of said tax; and also, in general terms, the receipts and disbursements of his office, and for what purpose received and paid out, and, also, the fees and moneys paid over to him during the preceding month by each city officer, stating the items thereof. It shall also be the duty of the Annual chamberlain, in each and every year, on or before the fifteenth day of unpaid September, to deliver to the comptroller a statement showing any item assessof any assessment of the local assessors for any local improvement in said city, remaining unpaid at the time of making such statement, with the names of the parties owing the same, as appears from such assessments in his office, with a description of the real estate upon which such unpaid assessment is a lien, so as to enable the said comptroller to extend the said unpaid assessments upon the assessment rolls, or any copies thereof, of the general assessors, and to be included by him in the city tax as herein before provided. It shall be the duty of Payment the chamberlain, from time to time, to enter into a column upon any entered. assessment of the local assessors in his possession, or upon any tax warrant, opposite to the names of the persons mentioned therein, and who shall pay their tax or assessment as aforesaid, to the said chamberlain, the fact of such payment.

§ 6. Section six, title two of chapter five hundred and ninety-eight of the laws of eighteen hundred and seventy, as amended by chapter eight hundred and thirteen of the laws of eighteen hundred and seventy-three, is hereby amended so as to read as follows:

reports of

ments.

to be

intendent

etc.

§ 6. There shall be appointed by the contracting board a City super city superintendent, who shall hold his office for a term of two term of years, unless sooner removed for cause by the vote of a majority office of, of the contracting board, which the said board is hereby empowered to do, and also to remove the present incumbents in the office of city engineer and city superintendent at any time for cause. The city engineer shall receive an annual salary not exceeding two City thousand dollars, payable quarterly, to be fixed by the common council. The city superintendent shall receive an annual salary not exceeding fifteen hundred dollars, payable quarterly, to be fixed by the

engineer.

Salaries in lieu of fees. Duty of engineer.

surveys.

Superintendence and charge

of the con

struction of city

Cleaning

to be advertised.

said contracting board. The salaries shall be in lieu of any fees, allowances for labor, assistance or clerical services. It shall be the duty of the city engineer to make, or cause to be made, all surveys and maps, required by the common council, or by the city attorney, or by the general assessors of the city, or by this act, and perform all other duties Record of imposed on him by this act. He shall keep in his office a book of record, in which he shall enter the survey of every street, highway, avenue, alley or lane, and the grade thereof, and every sewer and inlet to the same which have been or may be established by the common council, or by any boards or departments of the city having authority to establish the same, which book shall be properly indexed by the city engineer, and transmitted, with all other matters pertaining to his office, to his successors; such books and the entries therein shall be received in all courts of justice, as evidence of the facts therein contained. The city engineer shall have the charge and superintendence of the construction of, and the city superintendent shall have the charge of the labor and the repair of, all buildings, bridges, sewers, culverts, drains, wells, cisterns, streets, highways, avenues, alleys, buildings. sidewalks, roadways, docks, piers and wharves belonging to the city, including paving, grading and curbing of streets, avenues, alleys and sidewalks. The cleaning and repairing of sewers and cess-pools and of streets. highways, streets and alleys, including gutters and crosswalks, shall be done only by contract, and the same shall be advertised and let as hereinafter provided; and all other work, when the cost shall exceed Proposals fifty dollars, shall be done only by contract. Proposals for doing any such work or cleaning, in whole or by section, shall be advertised by and under the direction of the contracting board created by this act, in two daily newspapers, published within the corporate limits of said city, having the largest daily circulation in said city and of opposite politics, in such manner and for such length of time as said contracting board shall direct. The bids shall be written and accompanied by a written guarantee, signed by a responsible person, to the effect that the bidder will enter into such contract if awarded to him; such bids and guarantees shall be inclosed in a sealed envelope and addressed Contract to the contracting board. The contracting board of the city of Troy shall be composed of the mayor, the president of the common council, the comptroller, the city engineer and the city attorney, a majority of whom shall form a quorum. All such bids shall be opened in the presence of the contracting board, when in session, and not before. The contract or contracts shall be awarded to the lowest responsible bidder, but the contracting board, or a majority of its members, may accept or reject any of said bids, and they are authorized to contract on behalf of the city. The comptroller shall keep a book, in which he shall enter at length the proceedings of the contracting board, and shall cause the said minutes and a copy of any contract so made and executed to be transmitted to the common council without unnecessary delay, whenever requested so to do. All other work, improvements or repairs, ordered by the common council to be done or made, shall be advertised and let in the same manner, provided the contracting board shall deem it advisable so to do, and in all cases such other work shall be let by the contracting board. No contract made or entered into in violation of the provisions of this section shall be binding on the city or any officer thereof. The city engineer shall be authorized to purchase, on the order of the contracting board, any materials. necessary materials required to make such repairs, when the cost shall not exceed the sum of fifty dollars. The city superintendent shall

Bids.

ing board.

Comp

troller to keep proceedings

of contracting board.

City engi

neer to purchase

bonds.

perform all the duties imposed on him by the provisions of this act, and which the common council from time to time shall lawfully require. Every refusal or willful neglect by the city engineer or by the city superintendent of any act or duty enjoined on them, or either of them, by or under the provisions of this act, shall be deemed a misdemeanor and malfeasance in office. The city engineer and the Official city superintendent, before entering upon the duties of their respective offices, shall each give his bond to the city of Troy, with at least two sufficient sureties; the city engineer in the sum of ten thousand dollars, and the city superintendent in the sum of five thousand dollars, to be approved of by the common council or a justice of the supreme court, or the county judge of Rensselaer county, conditioned for the faithful performance of the duties of their respective offices as prescribed by the provisions of this act, or the ordinances or resolutions of the common council, and also conditioned to account for all property and materials of every kind, including maps, books, charts, surveys and other papers coming into their possession by virtue of their office. Said sureties shall be freeholders and in- Sureties. habitants of the city of Troy, and shall justify in a sum at least double the amount of the penalty of said bonds. Said city engineer and city superintendent shall also give other and additional security, whenever required by the mayor of the city or the common council, in default of which, after having been notified for ten days, their of fice shall be vacant. Any bond or bonds made and executed as above provided shall, if approved by the common council or the mayor, be filed with the comptroller. The said city engineer and city superintendent shall each be, ex-officio, a commissioner of deeds of the city of Troy. All bills for gas consumed by the city shall be accompanied Gas bills. by sworn proofs of their correctness, and it shall be the duty of the city engineer, from time to time, and at least twice a year, to examine and report to the common council and to the contracting board as to the measurement, quality and cost value of the gas consumed, as regards its illuminating power and quality, showing the actual sum of money paid therefor as compared with the actual cost thereof. The city engineer shall report in writing to the common council, whenever required prescribing the quality of gas to be used by the city for lighting the streets, as regards its illuminating power and quality. The contracting board shall annually enter into a written contract for all Contract gas used for lighting the public streets, with proper and sufficient sureties upon the part of the persons or corporations agreeing to furnish the same, which contract shall specify the quality of gas to be furnished, in all respects equal in illuminating power and purity to that mentioned in the city engineer's report, and free from all agents injurious to health or deteriorating the quality or illuminating power within the limits prescribed by the city engineer. The city engineer shall be, ex officio, a superintendent of lamps, whose duties shall be Supt. of prescribed by ordinance of the common council. The salary of the city engineer and of the city superintendent who are in office at the time of the passage of this act shall not be diminished during their unexpired terms of office.

§ 7. Section one of title three of chapter five hundred and ninetyeight of the laws of eighteen hundred and seventy is hereby amended so as to read as follows:

for gas.

lamps.

council.

§ 1. The legislative powers of the city shall be vested in the common Common council. The common council shall consist of two aldermen from each ward. At the general election held on the Tuesday succeeding

Election

of aldermen.

Terms of office.

Meetings

of com

mon council.

the first Monday of November next after the passage of this act, and every year thereafter, an alderman shall be elected in each of the wards of said city, who shall hold office for a term of two years, beginning on the Tuesday following the second Monday in November, except as hereinafter provided. The aldermen who shall be elected on the first Tuesday of March, eighteen hundred and eighty, shall hold their said offices until their successors are elected at the general election in November next, and are qualified according to the provisions of this act. There shall also be elected at said general election in November, eighteen hundred and eighty, an alderman in each of the wards of said city, who shall each hold his office from the second Tuesday of March, eighteen hundred and eighty-one, until the Tuesday succeeding the second Monday in November, eighteen hundred and eighty-one.

§ 8. Section two of title three of chapter five hundred and ninetyeight of the laws of eighteen hundred and seventy, as amended by chapter one hundred and twenty-nine of the laws of eighteen hundred and seventy-two, is hereby amended so as to read as follows:

§ 2. The members of the common council shall meet in the common council chamber, in the city hall of said city, on the Tuesday succeeding the second Monday of November next, and shall then and there organize. The members of the common council shall thereupon President. subscribe and take the oath of office required by law, and shall elect a president from their number, and shall keep a journal of its proceedings, which shall, at all times, be open for public inspection.

Powers vested in common

council.

ces.

§ 9. Section three of title three of chapter five hundred and ninetyeight, of the laws of eighteen hundred and seventy, as amended by chapter one hundred and twenty-nine of the laws of eighteen hundred and seventy-two, is hereby amended so as to read as follows:

§3. The common conncil of said city, as provided, shall be vested with all the powers, rights, privileges and immunities incident to a municipal corporation, and necessary for the proper government of the same, and those of the present corporation, of the mayor, aldermen and commonalty, of the city of Troy, and shall possess all the powers, and be subject to the provisions of that portion of the act now in force, passed April twelfth, eighteen hundred and sixteen, to incorporate the city of Troy, and of any act amendatory thereof, exOrdinan- cept as modified by the provisions of this act. It shall be the duty of the said common council to provide, by ordinance, for the establishment and regulation of all the departments as provided, and other laws in force in said city, under the proper heads, to wit: For law, finance, education, surveys, highways, streets, alleys and avenues, navigation, health, water, gas, fire, the poor, the city property and the public grounds, and such other things as may, from time to time, be needed, Supervis- not contrary to the provisions of this act. Through the mayor and partments. Proper committee the said common council shall maintain a supervision of each department, whether corporate or otherwise, for the exposure and correction of all evils and abuses, and for that purpose may require the production of, and inspect all books and papers and compel the attendance of witnesses by subpoena, and examine them under oath or affirmation, but no member or members of said common council, whether a committee or otherwise, shall make any disbursements of corporate moneys, nor audit the accounts thereof, nor perform any other executive duty whatever. Any bills passed upon or reported by any committee of said common council, or either of them,

ion of de

Bills to be audited

shall not be paid, unless ordered by said common council, and made before out and audited as provided by law.

$10. Section five of title three of chapter five hundred and ninetyeight of the laws of eighteen hundred and seventy, as amended by chapter one hundred and twenty-nine of the laws of eighteen hundred and seventy-two, is hereby amended so as to read as follows:

paid.

prescribe

duties, etc.

etc.. of

§ 5. The common council shall fix the compensation, except as Common herein otherwise provided, and prescribe the duties of all officers of council to said city in such manner as to carry out the purposes of this act, and official as the welfare of said city may require, not inconsistent with the laws and constitution of this State and of the United States. The compensation or salary of any officer shall be fixed before his appointment, Increase, and shall not be increased or diminished during the term for which he salaries. shall hold his office, nor shall any extra compensation be made to said officer during the term for which he is appointed, for any purposes whatever. Whenever any elective officer of said city shall die, or Vacancies, become incapable of fulfilling the duties of his office, except where how filled." other provision is made for filling the vacancy, the said office shall be filled by the common council by a two-third vote of all its elected members, until the next general election, provided such vacancy shall exist at least sixty days before the next general election, otherwise such vacancy shall be filled at the next general election thereafter. No officer of said city shall be interested, either directly or indirectly, Officers in any contract for work done or supplies furnished said city. Nor interested shall any such officer furnish said city, or any officer thereof, with any tracts. supplies or material for the use of said city, and every order or agreement, expressed or implied therefor, shall be void, and the officer offending against any of the provisions of this section shall be deemed guilty of a misdemeanor.

§ 11. Section six of title four of chapter five hundred and ninetyeight of the laws of eighteen hundred and seventy is hereby amended 30 as to read as follows:

not to be in con

tion to

§ 6. The common council shall then cause a notice to be published Notice to be pubin the official newspapers that the said report has been so completed he of and filed, and that application will be made on behalf of the said applicacommon council, to the supreme court at one of the special terms court. thereof, the time to be specified in such notice (not less than ten days from the first publication thereof), to have the said report confirmed. During the said space of ten days the said report shall remain open to the inspection, free of all expense, of all persons interested; and any person may, within that time, appeal from said report. Such appeal Appeal. shall be by notice to be served on the comptroller of the city of Troy, within the period last mentioned, and at least six days before the time at which the said report is to be presented to the court for confirmation, which notice shall be accompanied with copies of the affidavits which shall have been delivered to the commissioners (if it shall be intended to use or refer to copies thereof on such appeal), and also, with a brief statement, in writing, of the grounds of objection to such report, and of the manner in which it is contended that the same ought to be altered.

§ 12. Section three of title five of chapter five hundred and ninetyeight of the laws of eighteen hundred and seventy is hereby amended so as to read as follows:

assess

§3. Upon the completion of the assessment rolls and warrants as Collection aforesaid, they shall be delivered to the said chamberlain for collection, ofte who shall proceed to collect and receive said taxes from the several