31. Annual and
occasional appropriations shall
be made by proper ordinances of
the Common Council for every
branch and object of city
expenditure ; and no money shall
be drawn from the city treasury
except the same shall have been
previously appropriated to the
purpose for which it is drawn.
32. Until the Common
Council shall otherwise direct,
the existing ordinances shall
apply to the departments herein
mentioned, so far as the same
are applicable thereto and not
inconsistent with this net.
33. The Common Council
shall not have authority to
borrow any sums of money
whatever on the credit of the
Corporation, except in
anticipation of the revenue of
the year in which such loan
shall be made, unless authorized
by a special act of the
Legislature.
34. It shall be the duty
of the Comptroller to publish,
two months before the annual
election of charter officers in
each year, for the general
information of the citizens of
New York, a full and detailed
statement of the receipts and
expenditures of the Corporation
during the year ending on the
first day of the month in which
such publication is made ; and
in every such statement, the
different sources of city
revenue, and the amount received
from each ; the several
appropriations made by the
Common Council ; the objects for
which the same were made, and
the amount of moneys expended
under each ; the moneys borrowed
on the credit of the
Corporation; the authority under
which each loan was made, and
the terms on which the same was
obtained, shall be clearly and
particularly specified.
35. No tax or penalty
shall hereafter be imposed upon
or collected of any person, nor
license required for selling, or
exposing for sale, upon his,
her, or their own premises in
said city, any wholesome article
of food ; nor for selling such
articles in such parts of the
streets of said city as may be
designated by the Common Council
for that purpose.
36. The Clerk of the
Board of Aldermen shall, by
virtue of his office, be Clerk
of the Common Council, and shall
perform all the duties
heretofore performed by the
Clerk of the Common Council,
except such as shall be assigned
to the Clerk of the Board of
Councilmen ; and it shall be his
duty to keep open for
inspection, at all reasonable
times, the records and minutes
of the proceedings of the Common
Council, except such as shall be
specially ordered otherwise. The
Clerk of each Board shall
appoint, and may remove at
pleasure, deputy clerks in his
department, to the number
authorized by ordinance. The
Clerk of the Common Council
shall keep the seal of the city
; and his signature shall be
necessary to all leases, grants,
and other documents, as under
existing laws. •
37. It shall be the duty
of the Clerks of the respective
Boards to publish all ordinances
and amendments of ordinances
which shall be passed, and also
the proceedings, in the
newspapers which may be employed
by the Corporation, except such
parts as may require secrecy;
and whenever a vote shall be
taken in either Board, upon the
passage of an ordinance which
shall contemplate any specific
improvement, or involve the
sale, disposition, or
appropriation of public
property, or the expenditure of
public moneys or income
therefrom, or lay any tax or
assessment, such ordinance
shall, before the same shall be
sent to the other Board, and
immediately after the
adjournment of the Board at
which the same shall have been
passed, be published with the
ayes and noes, and with the
names of the persons voting for
and against the same, in the
newspapers employed by the
Corporation, as part of the
proceedings; and no ordinance
which shall have paused one
Board shall be acted upon by the
other Board on the same day,
unless by unanimous consent,
except in Cases of invasion,
insurrection, riot, or
pestilence.
?8. All contracts to be
made or let by authority of the
Common Council for work to be
done or supplies to be
furnished, and all sales of
personal property in the custody
of the several departments or
bureaux, shall be made by the
appropriate heads of
departments, under such
regulations as shall be
established by ordinances of the
Common Council. Whenever any
work is necessary to be done to
complete or perfect a particular
job, or any supply is needful
fur any particular purpose,
which work and job is to be
undertaken, or supply furnished
.for the Corporation , and the
several parts of the said work
or supply shall together involve
the expenditure of more than two
hundred and fifty dollars, the
same shall be by contract, under
such regulations concerning it
as shall be established by
ordinance of the Common Council,
unless, by a vote of
three-fourths of the members
elected to each Board, it shall
be ordered otherwise ; and all
contracts shall be entered into
by the appropriate heads of
departments, and shall be
founded on sealed bids or
proposals made in compliance
with public notice advertised in
such of the newspapers of the
city as may be employed by the
Corporation for the purpose;
said notice to be published for
at least ten days in each of the
daily newspapers so employed ;
and all such contracts, when
given, shall be given to the
lowest bidder, the terms of
whose contract shall be settled
by the Corporation Counsel, as
an act of preliminary
specification to the bid or
proposal, and who shall give
security for the faithful
performance of his contract in
the manner prescribed and
required by ordinance ; and the
adequacy and sufficiency of this
security shall, in addition to
the justification and
acknowledgment, be approved by
the Comptroller. All bids or
proposals shall be publicly
opened by the officers
advertising for the name, and in
the presence of the Comptroller.
If the lowest bidder shall
neglect or refuse to accept the
contract within forty-eight
hours after written notice that
the same has been awarded to his
bid or proposal, it shall be
re-advertised and relct as above
provided. All property sold
under the authority of the
Common Council shall be sold at
auction, after previous public
notice, under the
superintendence of the
appropriate head of department.
Every contract, when made and
entered into as before provided
for, shall be executed in
duplicate, and shall be filed in
the Department of Finance ; a
receipt for each payment made on
account of, or in the
satisfaction of, the same shall
be indorsed on the said contract
by the party receiving the
warrant; which warrant shall be
only given to the person
interested in such contract, or
his
authorized representative. The
proceeds of all sales, made
under and by virtue of this
section, shall be by the officer
receiving the same immediately
deposited with the City
Chamberlain, and the account of
sales, verified by the officer
making the sale, shall be
immediately filed in the office
of the Comptroller. No
expenditure for work or
supplies, involving an amount
for which no contract is
required, shall be made, except
the necessity therefore be
certified to by the head of the
appropriate department, and the
expenditure be as authorized by
the Common Council.
39. Every person, elected
or appointed to any office under
the City Government, shall, on
or before the first day of
January next succeeding each
election, or within five days
after notice of such
appointment, take and subscribe
an oath or affirmation,
faithfully to perform the duties
of his office ; which oath or
affirmation shall be filed in
the Mayor's office.
40. Any officer of the
City Government, or person
employed in its service, who
shall willfully violate or evade
any of the provisions of this
charter, commit any fraud upon
the city, or convert any of the
public property to his own use,
or knowingly permit any other
person so to convert it, shall
be deemed guilty of a
misdemeanor, and, in addition to
the penalties imposed by law,
shall forfeit his office, and be
excluded forever after from
receiving or holding any office
under the city charter ; and any
person, who shall willfully
swear falsely in an oath or
affirmation required by this
act, shall be guilty of perjury.
41. All ferries, docks,
piers, and slips shall be leased
; and all leases and sales of
public property and franchises
(other than grants of land under
water, to which the owners of
the upland shall have a
pre-emptive right), shall be
made by public auction, and to
the highest bidder, who will
give adequate security. No lease
hereafter given (except as the
same may be required by
covenants of the Corporation
already existing), shall be for
a longer period than ten years ;
and all ferry leases shall be
revocable by the Common Council
for mismanagement or neglect to
provide adequate accommodations.
All persons acquiring any ferry
lease or other franchise or
grant under the provisions of
this act, shall be required to
purchase, at a fair appraised
valuation, the boats, buildings,
and other property of the former
lessees or grantees, actually
necessary for the purposes of
such ferry grant or franchise.
Previous notice of all sales
referred to in this section
shall be given, under the
direction of the Comptroller, in
the newspapers employed by the
Corporation, and for thirty days
in each of the daily newspapers
so employed.
42. No money shall be
expended by the Corporation for
any celebration, procession, or
entertainment of any kind, or on
any occasion, unless by the
votes of three-fourths of all
the members elected to each
Board of the Common Council.
43. The Common Council
are hereby authorized and
directed to make all necessary
arrangements for the conduct and
regulations of all elections
authorized under the provisions
of this act, and in conformity,
as far as may be to the general
election laws, except herein
otherwise provided.
44. No officer under this
charter, except the Collector of
City Revenue, Collector of
Assessments, Clerk of Arrears,
Counsel to the Corporation, or
Inspector of Vessels, shall have
or receive from the Corporation
or City Treasurer any
perquisites or any compensation
or commission for his services,
except a salary, except that the
City Inspector may receive to
his own use such portion of the
fees, allowed for recording
births and man ˇages, as are or
maybe prescribed bylaw. The
salaries of all officers
provided for by this act, or
that may be created by the
Common Council in pursuance of
this act, shall be prescribed by
ordinance to be passed by the
Common Council, and approved ns
hereinafter provided, for the
approval of all ordinances, for
raising and appropriating the
money or disposing of the
property of the city ; and any
fees that now arc, or hereafter
may be provided for any officer
under this charter, except as
aforesaid, shall, on the receipt
thereof, be paid by such officer
into the city treasury. No
member of the Common Council
shall receive any compensation
for his services as such member.