term of office, who shall hold his office for the full term of six years, and until his successor has qualified and entered upon the duties of his office; at no time shall there be two commissioners of police from the same political party. office. how filled. § 183. Each commissioner of police, before entering upon the Oath of duties of his office, shall subscribe and take before the city clerk, the oath of office required to be taken by judicial officers, which oath shall be filed in the office of the city clerk. If a vacancy Vacancies, shall occur in the office of commissioner of police from any cause other than the expiration of the term, the mayor shall appoint a person to fill such vacancy, who shall hold office by virtue of such appointment for and during the unexpired term of the commissioner whom he shall succeed, and until his successor shall qualify and enter upon the duties of his office. The commission- Qualifica ers of police shall be citizens of the United States and electors sioners. of the city of Buffalo, and shall have resided in the city for at least five years next preceding their appointment. tions of commis Not to be chases, etc. interested in pur Removals $184. The commissioners of police shall receive such annual Salary. salary as may be fixed by the common council by ordinance. They shall not be interested in the purchase or sale of any lands for police purposes, in the construction or repair of station-houses, nor the manufacture, purchase, or sale of any article in the department. If any such commissioner shall be so interested, focuse or shall neglect his official duties, or be guilty of malfeasance or misconduct in office, he shall be removed by the supreme court at general term; but no removal shall be made unless upon charges, or unless the party charged shall have been served with a copy of the charges, and have an opportunity to be heard. Such hearing shall be in the city of Buffalo, and the accused shall have an opportunity to present evidence in his own behalf and to be represented by counsel. The board shall hold meetings as Meetings, often as may be necessary, and shall make rules to govern its proceedings. rules, etc. police and reduction § 192. All members of the police force, clerks, and employes, Terms of shall hold office during good behavior, and shall be liable to employes. removal or reduction in rank only after written charges shall Removal or have been preferred against them, according to the rules and in rank. regulations of the board, and the same shall have been publicly heard and examined after notice to them thereof by said rules and regulations; such charges shall be made under oata. The Suspensions from pay or duty. Hearing of complaints for violation of excise law. Repeal. board may suspend from pay or duty, or both, any member of the force or other persons appointed by said board, but not longer than thirty days from pay at one suspension. If such suspension shall be for more than ten days the board shall make and file with the clerk of the board a decision in writing, setting forth the grounds for such suspension. § 228. Any hearing or trial upon any complaint for violation of the excise law, may be conducted by either member of the board without the presence of the other members, but the testimony shall be taken in writing, and no decision shall be rendered, except by concurrence of the board, upon consideration of the evidence in the case. The person charged with such violation shall be served with a written copy of the charges against him and shall have the right to be represented by counsel and to produce witnesses and proofs in his behalf upon such trial or hearing. For any other business to be transacted, both commissioners shall be present and concur. § 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. § 3. This act shall take effect immediately. Act amended. Water commissioners. Chap. 36. 'AN ACT supplementary to and amendatory of chapter four hundred and seventy-nine of the laws of eighteen hundred and ninety-two, entitled "An act to supply the city of Auburn with water." BECAME a law February 22, 1894, 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: Chapter four hundred and seventy-nine of the laws of eighteen hundred and ninety-two, entitled "An act to supply the city of Auburn with water," is hereby amended so as to read as follows: Section 1. The water commissioners heretofore appointed by the common council of the city of Auburn, under chapter four hundred and seventy-nine, laws of eighteen hundred and ninety. board. two, shall hold office during the terms for which they were severally appointed by the common council of said city, and until their several successors are appointed and qualify, and they and their Water successors in office, are constituted a department of the city government, under the name of the water board of the city of Auburn, and in that name may sue and be sued, complain and defend in any court. On the first Monday, after the first Tuesday in Annual March in each and every year thereafter, the common council ments. of the city of Auburn shall appoint one person to be a water commissioner of said city, for the term of three years, such term to commence on the day of such appointment. appoint No person shall Eligibility be eligible for such appointment, unless he is an elector and taxpayer of said city. to office. for cause. § 2. Neither the mayor, or any member of the common council Id. while in office, or any person who is not an elector and taxpayer of said city, shall be eligible to the office of water commissioner. No two commissioners shall be appointed from the same ward. A water commissioner may be removed from office for official Removal misconduct, by the common council, by a concurring vote of eight members elected thereto; but notice of the charges against him, and an opportunity to be heard in his defense shall be first given him. A removal from the city of any water commissioner, or his failure to take the oath of office within the time prescribed in this act, or his resignation, shall create a vacancy in his office. If a vacancy shall occur in said office before the expiration of Vacancies. the term of any commissioner, the common council shall appoint Lome eligible person to such office for the unexpired term, and until his successor shall qualify. office. bond. §3. Every commissioner shall, before entering upon the duties Oath of of his office, and within ten days after notice of his appointment, take and file with the city clerk, the constitutional oath of this state, and execute a bond in the penal sum of five thousand official dollars, to said city, with sureties to be approved by the mayor, conditioned for the faithful performance of his duties as such commissioner. The water commissioners now in office shall execute a similar bond, approved as aforesaid, to said city, on or before July first, eighteen hundred and ninety-four. § 4. At the first meeting in March in each year, after the President. appointment of a commissioner as hereinbefore directed, said commissioners shall elect one of their number president, who Quorum. Clerk and superinten dent. Purchase of water plant. Issue of bonds. shall hold office as such, for one year and until his successor is appointed. § 5. The presence of two commissioners shall be necessary for the transaction of business. § 6. The said water board shall appoint a clerk and superintendent of the water works, who shall hold office at the pleasure of the board. Said superintendent and clerk shall be paid salaries, to be fixed by the commissioners before their appoint That of the superintendent shall not exceed two thousand dollars, and that of the clerk shall not exceed twelve hundred dollars annually, payable in installments, at such time as the water board shall direct. Before entering upon the duties of their office, they shall give bonds in such amount as the com missioners shall determine, with sureties to be approved by th mayor. § 7. The water board of the city of Auburn is hereby authorized and empowered, in the name of said city, to purchase the entire plant of the Auburn water-works company, with all rights. title and privileges now owned or enjoyed by the said company, and all materials and fixtures on hand, including pipe, hydrants, valves, connections, meters, tools, supplies, office furniture, safes and maps, for the sum of four hundred and twenty-five thonsand dollars, and in part payment of the purchase price thereof, to assume in behalf of the city of Auburn, the payment of any outstanding bonds heretofore issued by the Auburn water-works company, and then outstanding. § 8. It shall be the duty of the common council to raise by loan, from time to time, as needed, a sum not exceeding in the whole five hundred thousand dollars, and for that purpose they shall issue the bonds of said city, to be known and designated as "water bonds," in sums of not less than five hundred, and not more than twenty-five thousand dollars each, with interest pay able semi-annually, at a rate not exceeding four per centum per When pay annum, to be signed by the mayor and city clerk; the first issue of bonds, not exceeding three hundred and thirteen thousand dollars in amount, shall be made payable in sums of twenty-five thousand dollars in each year, commencing twenty years from their date, and may, if the commissioners so determine, be made payable, both principal and interest, in gold. The balance of said bonds shall be issued from time to time when needed, for able, etc. the purposes authorized by this act, and shall be payable at such times, and in such amounts as the water board shall direct. A record of all bonds issued shall be kept in the office of the city Record. clerk. No bond shall be negotiable until countersigned by the president of the water board. The water board shali dispose of sale of all bonds issued under this act, but at not less than par, and accrued interest. bonds. of pro ment for § 9. All moneys received from the sale of such bonds shall be Disposition paid to and deposited with the city treasurer of the city of Auburn, ceeds. who shall place the same in a special fund, to be known as "the water fund." The moneys so received, from time to time, from the sale of such bonds, to the amount of four hundred and twentyfive thousand dollars, shall, under the direction and upon the order of said water commissioners, be paid to the Auburn waterworks company, and the holders of its five per cent bonds outstanding. The balance remaining in said fund after such payment, if any, may be withdrawn or transferred by said commissioners to and deposited in the bank, banking-house or trust company designated for the deposit of moneys by them, under the provisions of section sixteen of this act, and withdrawn therefrom and used for such purposes, at such times and in such amounts as they shall direct. Any money realized from the sale of bonds. After after the full payment for the plant and property purchased of plant, etc. said Auburn water-works company, may be used by said commissioners, when necessary, for the purpose of extending the water mains or for paying for extraordinary repairs made necessary by accident or casualty, or for paying the purchase-price of, or damages sustained by the owner of any real property or easement therein purchased or taken for the purposes of this act, or which may be injuriously affected by any act of said water board in furnishing water to the city of Auburn, under the provisions of this act, and for no other purpose whatever. Before receiving such money, or any portion City treas thereof, said city treasurer shall execute a bond to the city of Auburn, in such penal sum and with such sureties, and containing such conditions as the common council shall direct, the amount of such bond to be not less than the sum received from the sale of said bonds, and said sureties to be approved by the mayor. The common council may require said city treasurer to execute additional bonds, at any time when additional sums of money are urer to give bond. |