provided

report to the common council. The principal and interest of such Interest, bonds shall be collected and paid in the same manner as other debts how and obligations of said city. The aggregate amount of all bonds is- for. sued under the provisions of this section in any one period of ten Limitaconsecutive years after the passage of this act shall not exceed the sum of fifty thousand dollars.

tion.

sections of

§ 3. The sections of title six of said act which are now numbered Certain and designated as sections eight, nine, ten, eleven, twelve, thirteen, actre fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty- numbered. one, twenty-two and twenty-three shall hereafter respectively in their numerical order be numbered and designated as sections nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three and twentyfour.

§ 4. Subdivision two of section twelve of title six of said act is Powers of hereby amended so as to read as follows:

Board of
Education

school

2. To purchase, hire or in the manner hereinafter stated, procure as to title to school-houses, lots or sites for school-houses, or sites with house buildings thereon, to be used as school-houses, and to fence and im- sites. prove such sites as it may deem proper.

§ 5. Title six of said act is hereby amended by inserting therein a new section which shall be numbered and designated as section twentyfive and shall read as follows:

ings, for

lands, for

sites.

§ 25. Said board of education shall have power to take proceedings Proceedto acquire land for sites for school-houses, and the title thereto in the acquiring name of the city of Schenectady, whenever any owner or owners of title to such land shall not consent or shall not be able, to sell and convey the schoolsame, or whenever the said board shall not be able to agree with such house owner or owners or some or any of them upon the price or value thereof. Such proceedings shall be taken and had in the manner provided by the general laws of the State for the appraisal and acquiring lands for sites for district school-houses, except as otherwise herein expressly provided, and except that the restrictions therein contained as to a village or city lot shall not apply to this section. For the purposes of such proceedings the said board of education shall possess all the powers of trustees under the provisions of such general laws. Such proceedings may be authorized by a vote of said board of education and the petition may be signed by the president or secretary of such board. The commissioners appointed in such proceedings may be inhabitants of the city of Schenectady and owners of taxable property therein, but shall not be owners of, or interested in the land proposed to be taken, or related to any owner of such land. Such proceedings may be taken before the supreme court, or before, the county court of Schenectady county. The compensation named in the award, the fees of the commissioners, which shall be three dollars per day each, and the costs and expenses of said board of education in such proceeding, shall be paid by said board out of the funds, subject to their disposition, applicable thereto, and such fees, costs and expenses may be taxed and allowed in the final order.

provements,etc.,

meeting of

6. There shall be added to title seven of said act a new section Street imwhich shall be numbered section sixty-one and read as 'follows: § 61. Whenever the common council shall adopt or pass an ordi- notice of nance or resolution requiring any street, highway, walk or square in council, said city to be paved, flagged, macadamized, planked or covered with to consider broken stone or gravel, or repaved, regraded or reflagged, or any side- for. walk in said city to be curbed, graded, flagged or paved or relaid, re

ordinance

flagged or repaired, or any deposits or obstructions in any of the nat ural water-courses or streams in said city to be removed, and that such work be done at the expense of the owners or occupants of the lots or buildings adjoining, adjacent to or lying upon such highway, street, square, walk, stream or water-course, the common council shall give notice by the publication thereof for at least five days in one of the public newspapers of said city, that it will at a time and place therein stated, which shall not be less than five days from the first publication of such notice, meet to again consider such ordinance or resolu tion, at which meeting all parties interested therein will be heard. Hearing of The common council at the time and place named in such notice, or at such other time and place which shall be then appointed for such purpose by a majority of the members then present, shall hear all parties interested in the matter of such ordinance or resolution, who Action by shall desire to be heard, and after such hearing shall again consider such ordinance, and may confirm, modify or rescind the same. such ordinance or resolution shall create any duty or obligation, until it shall be confirmed or modified as aforesaid. § 7. This act shall take effect immediately.

interested parties.

council.

Water commis

CHAP. 98.

No

AN ACT to amend chapter three hundred and thirty of the laws of one thousand eight hundred and eighty-three, entitled "An act to supply the city of Schenectady with water."

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 1, 1889. Passed, three-fifths being present.

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

SECTION 1. Section three of an act entitled "An act to supply the Sioners' act city of Schenectady with water," passed April twenty-seventh, one amended. thousand eight hundred and eighty-three, is hereby amended so as to read as follows:

President of board, annual election

of.

Supt. of waterworks, his election

§ 3. The said commissioners shall, at their first meeting after the second Tuesday of May in every year, elect one of their number president, who shall hold office as such until the second Tuesday of May then next ensuing, and in case of a vacancy in such office occurring by death, resignation or otherwise, during any such term, the said commissioners shall elect one of their number to such office for the residue of such term. The said commissioners shall, annually, at their first meeting after the second Tuesday of May in every year, appoint a superintendent of the water-works, subject to the approval of the common council, who shall hold office as such until the second Tuesday and salary of May then next ensuing and until his successor shall be appointed, unless sooner removed for cause as hereinafter provided. The superintendent of the water-works shall be paid such salary as shall be fixed and determined by the said commissioners previous to his appointment, which shall not exceed fifteen hundred dollars per an num, which shall not be increased or diminished during his term of Vacancies, office. In case of a vacancy in such office during any such term, how filled. caused by death, resignation or otherwise, the said commissioners,

subject to the approval of the common council shall appoint a person to such office for the residue of such term. The superintendent of Removals, the water works may be removed from office by a majority vote of the for cause. said water commissioners, subject to the approval of the common council, for incompetency or for any refusal or neglect to discharge the duties of his office, or for the unfaithful or insufficiert discharge of such duties, or for malconduct, but notice of the charges against him and an opportunity to be heard in his defense shall be first given to him by a personal service of such notice or by depositing the same in the post-office of said city, inclosed in a post-paid envelope addressed to him in such city at least twenty-four hours before the time appointed for his hearing. It shall be the duty of the superintendent of Duties of the water-works to devote his whole time and services, under the di- prin rection of the said commissioners, to the construction, care and management of the water-works and appliances and property connected therewith, and to such other services pertaining to the water-works as the said commissioners shall direct.

§ 2. Section seven of said act is hereby amended so as to read as follows:

tendent.

of city

how ex

§ 7. The moneys to be raised by the sale of such bonds shall be ap- Avails plied and expended under the direction of said commissioners to and from sale for the purpose of supplying the city of Schenectady with pure and bonds, wholesome water, according to the plan so adopted as aforesaid, with pended. such alterations thereto as may be made by the said commissioners and approved by the common council, and to such extensions of water Extension mains in the streets of the city as shall be ordered by the common etc. council, and the construction of fire hydrants connected therewith, and to no other use or purpose whatsoever.

§ 3. Section eighteen of said act is hereby amended so as to read as follows:

of mains,

Extension

how re

ported.

§ 18. After the completion of said works according to the plan of pipes in adopted as aforesaid, and when required so to do by the said common streets, council, it shall be the duty of the said commissioners to cause the lines of water mains or pipes for said water-works to be extended in any street, lane or alley in said city, and superintend the laying of the same and keep a correct account of the expense thereof, and make a detailed report thereof to the common council as soon as the extended work is Expense completed, which expense shall be paid by the city treasurer on the how paid. order of said commissioners out of the moneys collected for water rents, or, if the common council shall so order, out of the avails of the sale of the bonds of the said city, for the execution and sale of which authority is given by section six of this act.

§ 4. Section twenty-eight of such act is hereby amended so as to read as follows:

thereof,

from water

accounted

§ 28. It shall be the duty of the said commissioners on the first day Residue of January, in every year, to give to the city treasurer a draft payable rents, how to his order for the residue of the aggregate amount of all the moneys accoun collected for the water rents during the year preceding the first day of nuaily. December of the previous year, after deducting therefrom all of such moneys that have been expended by them during such year in operating the said water-works and making repairs or alterations to the same, and the extensions of water mains, and the salaries and wages of officers, agents and other employees, and office rent and supplies. The How apcity treasurer shall apply the amount of every such draft to the pay- Interest of ment of interest on the aforesaid water loan, and any surplus to the loan, etc. payment of the principal thereof, as the same shall become due. It

plied upon

Council to raise tax,

to meet loan and interest.

shall be the duty of the common council of that city to cause to be raised by tax upon the real and personal estate within the district in said city supplied, with water by such works, in the mode now provided by lay for.the raising of money by tax, for the payment of the general expenses of said city, all such sums as shall be necessary to pay the aforesaid water loan, and the interest on the same, as the same shall begonie due after deducting all moneys on hand applicable thereto. Upon the presentation of a duly certified copy of a resolution of said common council, directing the raising of money by tax for the purpose above stated, it shall be the duty of the board of supervisors of the Hoy levied county of Schenectady to cause such money to be raised, levied and and eptJected. collected from the property, real and personal, in the district aforesaid, and paid to the treasurer of said city, in the same manner and by the same means as taxes for the general expenses of said city are now required by law to be levied, collected and paid.

Annual report of commis

sioners to council.

§ 5. Section twenty-nine of such act is hereby amended so as to read as follows:

§ 29. The said commissioners on the first Monday in March in each year shall deliver to the mayor of said city, to be presented to the common council, a report in detail of all moneys expended by them during the preceding year, and the purposes for which such moneys were expended, and the receipts for water rents and other sources during the same periods, and also a detailed estimate of the cost and expense of operating the works for the succeeding year. The said commissioners shall also, whenever required by the common council, make such other report as shall be by it demanded, and shall, whenever required by the common council, appear before any committee appointed vouchers, by it, and exhibit their records, books, vouchers and other papers and give such information and explanation thereof as shall be requested. § 6. This act shall take effect on the second Tuesday of May, one thousand eight hundred and eighty-nine.

Production of

Looks and

Village charter amended.

Village officers,

CHAP. 99.

AN ACT to amend chapter ninety of the laws of eighteen hundred and sixty-five, entitled "An act to amend and consolidate the several acts relating to the village of Ilion," as amended by chapter four hundred and fifty-six of the laws of eighteen hundred and eighty-three.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four, section nine of the Constitution, April 1, 1889. 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 four of chapter ninety of the laws of eighteen hundred and sixty-five, entitled "An act to amend and consolidate the several acts relating to the village of Ilion," as amended by section two of chapter four hundred and fifty-six of the laws of eighteen hundred and eighty-three, is hereby amended so as to read as follows:

§ 4. The president, trustees, assessors, police justice, treasurer and collector shall be elected by ballot by the electors of the village, and and ap- the other officers named in the preceding section shall be appointed

elected

pointed.

annually by the board of trustees, and may be removed at the pleasure of said board, and they shall hold their offices until their successors are duly qualified.

§ 2. All acts and parts of acts, inconsistent with the provisions of Repeal. this act, are hereby repealed.

§ 3. This act shall take effect immediately.

CHAP. 100.

AN ACT to provide for the construction of a lift or hoist-bridge over the Erie canal from Caledonia avenue to West Main street in the city of Rochester, and making an appropriation therefor. APPROVED by the Governor April 1, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Public

SECTION 1. The Superintendent of Public Works is hereby author- Duty of ized to provide for the construction of a lift or hoist-bridge, not less Supt. of than thirty feet wide, over the Erie canal in the city of Rochester, in works. the line of Caledonia avenue to West Main street, and for the necessary approaches thereto, and the necessary machinery to operate such bridge, Plans and upon plans and specifications to be drawn up and prepared by the State cost of Engineer and Surveyor, immediately after passage of this act, and to cost not exceeding thirteen thousand five hundred dollars. Said bridge How opeshall be operated under the direction of the Superintendent of Public rated. Works at the expense of the city of Rochester.

bridge.

how let, by contract.

§ 2. Upon the completion of such plans and specifications the Super- Work, intendent of Public Works shall proceed as soon as practicable with the construction of such bridge, the approaches thereto, and the machinery therefor in accordance with such plans and specifications; but before any money appropriated for the above-mentioned work shall be expended, the said work shall be let by contract to the lowest responsible bidder, after duly advertising therefor, as public works are usually let by contract.

tion, and

§3. The sum of thirteen thousand five hundred dollars is hereby Appropriaappropriated for the purposes of this act, payable by the Treasurer on how paythe warrant of the Comptroller to the order of the Superintendent of able." Public Works for the purposes of this act.

§ 4. This act shall take effect immediately.