Dependent persons entitled to pensions.

men's pension fund, equal to one-half the annual compensation allowed him as a salary at the date of his retirement from the service, or such less sum in proportion to the number of officers and members so retired as the condition of the fund shall warrant.

3. The widow, minor child or children or dependent parent or parents of any deceased officer or member of said fire department, who has served ten or more consecutive years therein and whose death occurs during his service in said fire department, or after he has retired on account of disability, or is discharged as herein before provided by reason of his having become physically or mentally disqualified from performing his duty, may be allowed from said fund an allowance or pension, and the widow, minor child or children, or dependent parent or parents of any officer or member of said department who has been killed in the actual performance of his duty, or who has died from injury while in the performance of his duty, without reference to the length of time such officer or member has served in said fire department, may be Amount of allowed from said fund an allowance or pension; the amount of said pension shall be determined upon the following conditions, but it may be fixed from time to time by a majority vote of the board of public safety at such sum, not exceeding the following maximum limit, as the conditions of the fund may warrant, in the judgment of said board.

pension

allowed.

Widow.

Children.

a. To the widow of such officer or member, a sum not exceeding twenty-five dollars per month. But upon her death or remarriage such pension shall cease.

b. To the children of such officer or member under the age of sixteen years, if there be no widow, or if the widow dies, a sum not exceeding twenty-five dollars per month; but if there be both widow and children, each child may be allowed the sum of five dollars per month, if the state of the fund should warrant it in the judgment of said board. But all payments to any child shall cease when such child becomes sixteen years of age. The whole amount paid to the widow and minor child or children of any offi cer or member shall not exceed thirty dollars per month collectively; and the board of public safety shall have the right at any time, to cancel any pension that may be granted to the child or children of any widow who marries. This provision shall apply only to the widow of such officer, member or pensioner, who was his wife at the time of his retirement under this act, or at the

time of his death while in service, and to his children by her or by a prior wife.

parents.

c. To the dependent parent or parents of such officer or mem- Dependent ber, the sum not exceeding twenty-five dollars per month. No pension shall be paid to a dependent parent or parents in case the officer or member of said fire department so dying shall leave him surviving a widow or minor child or children. No more than one pension shall be paid in case both parents survive, and it shall not be obligatory on said board of trustees to grant or allow any pension or to charge the same to the pension fund, but they may in all cases exercise their discretion in the matter, except in the case of a fireman who shall have served in said fire department at least twenty years including the time, if any, previously served by him in the volunteer fire department of the city of Watertown and to such fireman a pension shall be granted pursuant to the provisions of this act.

4. Said board of public safety shall pay the pensions as allowed and fixed by this act, from said pension fund, to the pensioner in a check payable to the order of said pensioner to be mailed to him, on or before the fifth day in each and every month, or in case the said board shall deem it expedient said check shall be delivered to said pensioner on or before said date, by one of the members of said board personally and not otherwise, and said board may, in its discretion, pay the pension of said minor child or children to the mother or to their general or testamentary guardian, or to the person or persons who shall have the care of said minor child or children and the decision of said board as to what is deemed for the best interest of said minor child or children shall be final and conclusive, and payment according to its determination of the pensions herein provided for shall be a full discharge for the moneys so paid.

Payment of

pensions, manner of.

tion of

5. This act shall apply to all who now are or shall hereafter Applicabecome officers or members of the fire department of the city of this act. Watertown, and all such persons shall be eligible to the benefits secured by the creation of this fund.

fund.

from, and

6. All moneys ordered to be paid out of said pension fund to Pension any person or persons shall be paid by the treasurer only upon payments warrants signed by the president of the board and countersigned deposit of by the clerk thereof; and no warrant shall be drawn except by the order of said board duly entered on the record of the proceedings

Annual

report of condition of pension fund,

of said board. Said board is hereby authorized to deposit said fund in any of the banks of the city of Watertown upon receiving adequate security therefor, or to invest the same in bonds and mortgages on improved real property worth twice the amount loaned, or in bonds of the United States or of this state or the city of Watertown, or of any city, county, town or village of this state, issued pursuant to the authority of the laws of the state. All interest, income or dividends which shall be paid or agreed to be paid on account of any such loan or deposit, shall belong to and constitute a part of said fund. Nothing herein contained shall, however, be construed as authorizing the treasurer to loan or deposit said fund or any part thereof unless so authorized by the board.

7. The board of public safety shall make a report of the condition of said pension fund to the common council in the month contents of. of January in each and every year, in which report there shall be clearly set forth a complete itemized statement of all receipts and disbursements, giving the name of each and every person, corpora tion or association from whom any money has been received on account of said fund together with the total amount thereof.

General city fund.

When act

to take effect.

§ 9. Subdivision fourth of section one hundred and seventy-six of said act is hereby amended so as to read as follows:

Fourth. The amount necessary to pay the salaries and wages of all officers and servants of the city not provided for in the third subdivision of this section, and all other necessary, ordinary and contingent expenses of the city not otherwise provided for, which, with all other moneys received by the treasurer, not belonging to any other fund specified by this act, shall be kept as a separate fund, to be called the "general city fund." Provided, that the amount of the tax raised in any year for the aforesaid city expenses (excluding the amount to be raised for state and county purposes and excluding the amount of all interest and any installment of principal falling due upon the bonds or other permanent debt of the city) shall not exceed one dollar and seventy cents upon every one hundred dollars of the assessed valuation of taxable property in said city.

§ 10. Sections one, eight and nine of this act shall take effect immediately, all other sections thereof shall take effect on the first day of January nineteen hundred and six.

Chap. 486.

AN ACT to amend chapter seven hundred and sixty of the laws of eighteen hundred and ninety-seven, entitled: "An act to revise the charter of the city of Watertown," as amended by chapter three hundred and ninety-nine, of the laws of nineteen hundred and three, in relation to the amount of money to be raised for the use of the board of education.

Accepted by the city.

Became a law, May 17, 1905, 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. Section ninety-two of chapter seven hundred and sixty of the laws of eighteen hundred and ninety-seven entitled "An act to revise the charter of the city of Watertown," as amended by chapter three hundred and ninety-nine of the laws of nineteen hundred and three, is hereby amended so as to read as follows:

of board of education,

tion, modi

deter

mination

§ 92. In case the common council shall ratify the estimates of Estimates expenditures so submitted, the amount of such estimates shall ratificaconstitute the sum to be raised for the board of education by neation and taxation for the ensuing year; the common council may modify of. any item of the estimates for expenditures so submitted, and in such case it shall be the duty of the city clerk to forthwith certify to the president of the board of education such modification; the board of education shall have power by the vote of two-thirds of all members thereof, at any regular or special meeting called for that purpose, not later than the fifteenth day of November, to declare by resolution that the estimated amounts as submitted to the common council, or a less sum, are necessary for the conduct of the schools for the ensuing year which amount so finally determined by the board of education shall not exceed the sum of twenty dollars for each pupil enrolled in the public schools during the preceding year; and it shall be the duty of the city clerk to forthwith certify such resolution to the president of the common council, in which case it shall be the duty of the common common council to raise the amounts so determined for the purposes of raise the public schools, in the tax levy for the following year; in case deter

council to

amount

mined.

the board of education shall fail to adopt such original estimates, or a less sum, as above provided, on or before the fifteenth day of November, the amounts so modified by the common council shall constitute the amounts to be raised for school purposes for the ensuing year. The board of education shall not have power to to expend expend any money in addition to the amount so authorized, and

Power of board of education

money

beyond amount author

ized.

Submission to

the amount of money received from the state, unless specifically authorized so to do in the manner hereinafter provided.. In case the board of education shall at any time submit to the common council a special requisition for the purpose of purchasing a school site or sites or of enlarging, furnishing, repairing, building or rebuilding a school-house or houses or for any other necessary school improvement, and the common council shall within thirty days after receiving such requisition fail to grant the same out of the funds in its control, then the board of education by the vote of two-thirds of all its members may request the common council to submit to a vote of the taxpayers of the city a proposiof proposition to raise the sum desired by the said board for any or all of such purposes by special tax or bonding; and the common council shall forthwith submit such proposition to the taxpayers at a special election to be held pursuant to the provisions of section two hundred and five of this act, and shall raise the amount voted by the taxpayers in accordance with and in the manner provided by said section. The submission of such proposition at the request of the board of education shall not be counted or considered so as to prevent the common council from submitting to the taxpayers at a special election of any other proposition during the same year.

taxpayers

tion to

raise an additional amount.

§ 2. This act shall take effect immediately.