An Act to Amend the Charter of the City of New York 1857 Part III


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.


Website: The History
Article Name: An Act to Amend the Charter of the City of New York 1857 Pt III
Researcher/Transcriber Miriam Medina


BIBLIOGRAPHY: Valentine's Manual 1865
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