Repair of school houses, etc.

Advertise. ment for bids for making repairs, etc.

What

bids to contain.

To report to com

mon council ordinances, etc.

Trustees of school libaries.

3. To alter, enlarge and improve and repair school-houses and appurtenances as they may deem advisable. Whenever such board shall build, enlarge, repair or furnish a school-house or school-houses or make any improvement or repairs, the cost of which will exceed two hundred and fifty dollars, the board shall proceed as follows:

1. Said board shall advertise for bids for the period of two weeks, at least twice in each week, in two newspapers published in the city of Rochester, and which resolution providing for the same shall be entered in full by the clerk on the record of the proceedings of said board.

2. The bids duly sealed up shall be filed with the clerk by twelve o'clock noon of the last day as stated in the advertisement.

3. The bids shall be opened at the next meeting of the board and publicly read by the clerk.

4. Each bid shall contain the name of every person interested in the same, and shall be accompanied by a sufficient guarantee of some disinterested person, that if the bid is accepted, a contract will be entered into and the performance of it properly secured by bonds duly approved.

5. If the work bid for embraces both labor and materials, each must be separately stated, with the price thereof. The board may, in its discretion, accept any bid for both labor and material which shall be most advantageous to the city, or it may reject any and all bids as the interest of the city may require.

§ 11. Subdivision eleven of section one hundred and thirty-one of said chapter fourteen is hereby amended so as to read as follows:

11. To prepare and report to the common council such ordinances and regulations as may be necessary or proper for the protection, safekeeping, care and preservation of the school-houses, lots and sites and appurtenances, and all the property belonging to the city connected with or appertaining to the schools, and to suggest proper penalties for the violation of such ordinances and regulations, and annually, on or before the sixteenth day of May in each year, to determine and certify to said common council the sums, in their opinion, necessary or proper to be raised for the several purposes herein before mentioned, specifying the sums required (for the year commencing on the first Monday of September thereafter) for each of the said purposes, including the sums necessary for the payment of teachers' wages and also for contingent expenses, and the reasons therefor.

§ 12. Section one hundred and thirty-four of said chapter fourteen is hereby amended so as to read as follows:

§ 134. The said board of commissioners shall be trustees of the school library or libraries in said city, and all the provisions of the law, which are now or hereafter may be passed relative to the district school libraries, shall apply to the said commissioners. They shall also be vested with the same discretion as to the disposition of all moneys appropriated by any laws of this state for the purchase of libraries which is therein conferred upon the inhabitants of school districts. It shall be their duty to provide for the safe-keeping of the library or libraries. The superintendent of schools shall be the general librarian, who shall have the care of the books and supervise the letting out and return thereof, and the said board, or the general librarian under the direction or by the resolution of said board, may make all purchases of books and exchange, have bound, or cause to be repaired, the damaged books belonging thereto, and to sell any books which may be deemed useless, applying the proceeds as ordered by resolution of the board.

§ 13. Section one hundred and thirty-seven of said chapter fourteen is hereby amended so as to read as follows:

for school

§ 137. It shall be the duty of the common council, within fifteen To certify days after receiving the certificate of the board of education, herein- that will before required, of the sum necessary or proper to be raised for school be raised purposes, to determine and certify to said board of education the purposes. amount that will be raised by them for the year, commencing on the first Monday of September thereafter, for the purposes mentioned in said certificate, distinguishing between the amount to be raised for teachers' wages and contingent expenses; and the amount to be raised for the repair of school-houses shall constitute four separate and distinct funds, namely: teachers' fund, contingent fund, building fund and repair fund; and in case the common council shall neglect or fail to certify to the board of education the amount that will be raised by them, within thirty days, as above specified, then the said common council shall raise the several amounts embraced in the certificate of the board of education, as specified therein, which amounts shall be subject to the disposal of the board of education.

§14. Section one hundred and thirty-eight of said chapter fourteen is hereby amended so as to read as follows:

posited

and drawn

§ 138. All moneys required to be raised by virtue of this act, or re- Moneys ceived by the said city, for or on account of the common schools, shall to be debe deposited for the safe-keeping thereof with the city treasurer of with city said city, to the credit of the board of education, and shall be drawn treasurer out in pursuance of a resolution or resolutions of said board, by draft on wardrawn by the president and countersigned by the clerk of said board, rants. payable to the order of the person or persons entitled to receive such money, and every draft so drawn shall designate the particular fund from which it shall be paid, and said city treasurer shall keep the funds authorized by this title to be received by him separate and distinct from any other fund which he is or may be authorized to receive.

§ 15. Section one hundred and forty of said chapter fourteen is hereby amended so as to read as follows:

§ 140. No member of the board of education shall vote for the pay- No debt to ment of any money out of any of the funds authorized to be raised by this be created. title of the city charter, knowing that such fund is without money to pay the same, or by vote or otherwise create any debt or liability beyond the amount of any particular fund, for the then current fiscal year. And any person violating this provision shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than one hundred dollars, or be imprisoned in the Monroe county penitentiary for the period of ten days. And the district attorney of the county of Monroe is hereby specially directed, and it shall be his duty, to prosecute all persons violating this provision, upon the complaint of any tax-payer of said city.

§ 16. Subdivision one of setion one hundred and sixty-eight of said chapter fourteen is hereby amended to read as follows

1. To make or cause to be made sewers, tunnels, drains and vaults, Sewers, arches and bridges, wells, pumps and reservoirs in any part of the city. etc. And also whenever for the purpose of drainage, sewerage, or to promote the public health, it shall deem and declare it necessary, to extend said sewers, tunnels, drains, vaults and arches to and beyond the limits of said city, and across private lands or highways in any adjoining towns. And to make such ordinances for the regulation, protection and preservation of the same as may be deemed advisable.

To deter

mine what

portion of

expense of im

ment shall

be a charge

on public

treasury, etc.

Estimate

of cost of ments to

improve

be made.

Notice to be published.

§ 17. Section one hundred and seventy of said chapter fourteen is hereby amended so as to read as follows:

§ 170. Whenever by order of the common council any new street or alley shall be laid out, opened or worked in said city, or any sewer, tunnel, drain, vault or bridge shall be extended to and beyond the city limits, or any other public improvement is to be made, it shall be the duty of the common council to determine what portion, if any, of the expense thereof ought to be paid from the public treasury, and what portion, if any, ought to be paid by a local assessment, and to direct that the whole expense to be paid by a local assessment be assessed upon all the lots and parcels of land to be benefited thereby in proportion to the benefit which each will derive therefrom. The common council may maintain, improve, embellish and protect any public park, square or area in said city, and grade, sewer and pave the street and alleys, and make, grade and improve sidewalks about the same, or any part thereof. And they may cause the whole expense thereof to be assessed upon all the lots and parcels of land where the parks, squares or areas are situated in proportion to the benefit which each lot or parcel I will derive therefrom.

Section* 18. Section one hundred and seventy-two of said chapter fourteen is hereby amended so as to read as follows:

§ 172. Before the common council shall determine to make any such public improvement, they shall cause an estimate thereof to be made, and shall, by an entry in their minutes, describe the portion and part of the city which they deem proper to be assessed for the expense of such improvement. In case where the taking of land is necessary it shall not be necessary to include the damages and charges therefor in the estimated expense. They shall cause a notice to be published daily in at least two of the daily newspapers printed in the city of Rochester for four days, which notice shall specify such improvement, the estimated expense thereof, the amount, if any, to be paid from the public treasury, and the portion or part of city to be assessed for the rest of the expense, and shall require all persons interested in the subject-matter of such improvement to attend the said council at the time appointed in such notice. At the time appointed in such notice the said council shall proceed to hear the allegations of the persons interested in the subject-matter of such improvement, and after hearing the same shall make such further order in respect to such improvement as they shall deem proper. The executive board is hereby directed to cause a notice to be published in one or more of the daily posals for papers of said city, at least ten days before the letting of any contract

Hearing before common council.

Advertisement for pro

making improvements,

etc.

for sealed proposals therefor, each to be accompanied by a bond signed by at least two responsible sureties, conditioned that the person making such bid, if it is accepted, will perform the work mentioned in such proposals and fulfill any contract that may be made with him; such bids shall be opened on the day named in such notice. Said board may let any contract as it deems for the best interest of tax-payers, but it shall publish all bids received by it, and the persons to whom contracts are awarded. Neither the principal or sureties on any bid or bond shall have the right to withdraw or cancel the same until the board shall have let the contract for which such bid is made and the same shall have been duly executed. No contract shall be let for any improvement at a price greater than the estimate thereof made as aforesaid.

*So in original.

§ 19. Section one hundred and seventy-five of said chapter fourteen is hereby amended so as to read as follows:

assess

etc.

§ 175. The common council shall cause to be published for ten days, Proceedin a daily newspaper, published in said city, a notice specifying and ings to describing the lands necessary for such improvement, and the portion damages, of the city deemed to be benefited by reason thereof, and then an application will be made to the county court of the county of Monroe, or to a special term of the supreme court, to be held in the seventh judicial district at a time to be specified for the appointment of commissioners, to inquire into and determine what damages and compensation the owner or owners, tenants or occupants of such land and buildings to be taken will be entitled to for the same. The common council shall also, at least ten days before the time named for such application, cause a notice to be served on each of the owners of the premises to be taken, who are residents of the said county, or upon the occupants of such premises, either personally or by leaving the same at their several places of abode, and upon the agent of any non-resident owner, provided such agent can then be found in said city, and his name shall have been entered in a book to be kept by the city clerk for that purpose.

§ 20. Section one hundred and seventy-seven of said chapter fourteen is hereby amended so as to read as follows:

$177. The said commissioners so appointed shall be sworn faith- Duty of fully to discharge their duties according to the provisions of this act, commiswithout favor or partiality. They shall give public notice, by a notice published daily for ten days, in at least one of the newspapers authorized to publish corporation notices, of the time when, and place where, they shall meet, to enter upon their duties. At the time appointed, or any other time or times to which they may adjourn, they shall proceed to view the lands and premises proposed to be taken, and they may examine witnesses on oath to be administered by either of them, and shall appraise the damages which the owner or owners, and if there be any occupants or tenants who may have a leasehold interest in the premises to be taken for such public improvements, will severally sustain by being deprived thereof, and the compensation which they severally receive therefor.

21. Section one hundred and seventy-eight of said chapter fourteen is hereby amended so as to read as follows:

§ 178. The said commissioners shall, as soon as convenient, make Report of. their report under their hands, or a majority of them, to the common council of the said city, in which report they shall describe, with all practicable certainty, the several pieces and parcels of land and the premises to be taken for such improvement, and the names and residences of the owner or owners thereof, respectively, and the right of such owners, so far as can be ascertained, and the amount of damages or compensation which should be paid to each of said owners and occupants. They shall also file duplicate copies of their report, one in the office of the city clerk and one in the office of the clerk of Monroe county. They shall be entitled to the sum of three dollars each as their compensation for each day on which they are actually and necessarily employed.

§ 22. Section one hundred and eighty-two of said chapter fourteen is hereby repealed.

§ 23. Section one hundred and ninety-eight of said chapter fourteen is hereby amended so as to read as follows:

§ 198. Whenever the common council shall determine that the whole Proceed

ings of common council

to determine

real estate.

When

expense assessed to be

paid.

or any part of the expenses of any improvement not requiring the taking of any land by said city shall be defrayed by an assessment on the real estate to be benefited thereby, they shall declare the same amount on by an entry in their minutes; and after ascertaining, as they think proper, the estimated expense of such improvement, they shall declare whether the whole, or what portion thereof, shall be assessed on such real estate, specifying the estimated expense and the portion of the city which they deem will be benefited by the improvement. When the estimate of the expense of such improvement to be assessed shall exceed, in the aggregate, the sum of two thousand dollars, the expense of such improvement to be assessed may be paid one-third in cash and the balance in the city's note at one and two years with interest not exceeding six per centum, payable annually, and the city may get its notes discounted for a period not exceeding one year with which to make such first payment when such improvement is completed. The entire expense thereof and connected therewith shall be ascertained by the city treasurer, together with the interest paid on the orders or notes issued by the city to pay the expense of such improvement; and interest on such um shall be reckoned to the time the last installment of such assessment shall become due. The aggregate amount shall thereupon be reported to the common council, they to adjust and report to the assessors the amount to be assessed upon the property benefited, as hereinafter provided, and it shall meet for that purpose. Persons so assessed, who shall make any payment previous to the maturity of said last installment therein, shall be entitled to a discount at the same rate as is paid on the city's note issued to pay for such improvement. The common council may determine, at the time of fixing such amount to be assessed, if the sum shall exceed two thousand dollars, that the tax-payers pay their assessment in not more than three equal payments, one-third within thirty days of the time that the treasurer shall advertise the same, as hereinafter provided, one-third within one year, and one-third within two years from the confirmation of such roll; and in case the amount to be assessed, ascertained as aforesaid, shall exceed ten thousand dollars, the common council may determine, as aforesaid, that the tax-payers may pay their assessments in not more than five equal payments, one within thirty days from the time that the treasurer shall advertise the same, as hereinafter provided, and the balance within one, two, three and four years, respectively, after such confirmation. The city treasurer may, in his discretion, issue his warrant for the collection of any part of such assessment that may have become due.

Discount to be

made in certain cases.

Warrant for col

lection of assessment.

Prevention of fires, etc.

§ 24. Section two hundred and twenty-two of said chapter fourteen is hereby amended so as to read as follows:

§222. The common council may prevent or regulate the carrying on of manufactories calculated to cause or promote fires, and may require the owners or occupants of all buildings wherein manufactories are conducted to construct suitable fire escapes therefrom and may regulate the construction of safe deposits for ashes, the removal of any hearth, fire-place, stove, grate or other apparatus in which fire may be used, or any chimney, flue or other conductor of smoke that may be considered likely to cause or promote fire, and may compel the cleaning of chimneys, flues and all other conductors of smoke; and upon the neglect of any owner or occupant of any building to clean the chimneys, flues or other conductors of smoke therein, or to construct such deposits or fire escapes, or to make the removals as herein before mentioned, he shall forfeit the sum of one hundred dollars, and the