Id.; Proceedings of Municipal Assembly; Certain Resolutions, How Passed
and Approved; Yeas and Nays Published.
Sec. 10. Immediately after the adjournment of each meeting of the municipal
assembly, it shall be the duty of the clerk to prepare a brief extract, omitting
all technical and formal details, of all resolutions and ordinances introduced
or passed, and of all recommendations of committees, and of all final
proceedings, as well as full copies of all messages from the mayor and all
reports of departments or officers. he shall at once transmit the same to the
person appointed to supervise the publication of the City Record. No resolution
or ordinance providing for or contemplating the alienation or appropriation or
leasing of any property of the city, terminating the lease of any property or
franchise belonging to the city, or the making of any specific improvement, or
the appropriation or expenditure of public moneys, or authorizing the incurring
of any expense, or the taxing or assessing of property in the city, shall be
passed or adopted by the municipal assembly until at least five days after such
abstract of its provisions shall have been published. No such ordinance or
resolution shall be approved by the mayor until three days after such abstract
shall have been so published after its passage; but if an abstract of any
resolution or ordinance shall have been once published after its introduction,
it shall not thereafter be necessary to publish the same again, but only to
refer to the date and page of the former in the City Record, and to state the
amendments, if any, made thereto. In all cases the yeas and nays upon the final
passage of the resolution or ordinance shall be published.
Id.; Records Open for Inspection; Other Duties, Sickness.
Sec. 11. It shall be the duty of the city clerk to keep open for inspection, at
all reasonable times, the records and minutes of the proceedings of said boards.
he shall keep the seal of the city, and his signature shall be necessary to all
leases by the city of its property, and to all grants and other documents, as
under existing laws. In the absence of said clerk by sickness or otherwise, his
first deputy shall be vested with and possessed of the rights and powers, and
charged with all the duties, of this section or by law imposed upon said clerk.
Id.; Records and Papers Delivered to and Kept by Him; Clerks in Boroughs.
Sec. 12. All the muniments, records, patents, deeds, minutes, writings and
papers belonging to the mayor, aldermen and commonalty of the city of new York,
now in the custody of the clerk of the board of aldermen thereof, shall be
delivered over to and kept by the city clerk. The city clerk shall be the
custodian of all like muniments, records, patents, deeds, minutes, writings, and
other papers belonging to any of the municipal and public corporations united by
this act and consolidated into the city of new York, and shall have power to
appoint a clerk in each of the boroughs as constituted by this act, who shall
have charge of the same, subject to the direction and control of said city
clerk, and subject also to the direction, order and control of the municipal
assembly of the city of New York.
Id.; Salary and Deputies.
Sec. 13. The salary of the city clerk shall be $7,000 per annum, and he may
appoint such deputies or clerks as are necessary to the discharge of his duties,
provided that the aggregate salaries of such deputies and clerks, including the
salary of the city clerk, shall not exceed in any one year the sum appropriated
therefore in the annual budget.
Licenses to Auctioneers.
Sec. 14. The city clerk shall have authority to grant licenses to any person
engaged in and carrying on the business and occupation of auctioneer, or
desiring to be so engaged, on such person filling a bond with two good sureties
in the penal sum of $2,000. The president of the council, on complaint of any
person having been defrauded by any auctioneer, or the clerk, agent or assignee
of such auctioneer, doing business in said city, is authorized and directed to
take testimony under oath relating thereto; and if the charge shall, in his
opinion, be sustained, he shall revoke the license granted to him and direct the
bonds to be forfeited.
Municipal Assembly; Journal; Ayes and Noes.
Sec. 15. Each board shall keep a journal of its proceedings, and the ayes and
noes of the members on any question shall, at the desire of any two members, be
taken and entered therein. The ayes and noes shall be called and recorded on the
final passage of any ordinance.
Id.; No Member Eligible to Any City Office.
Sec. 16. No member of the municipal assembly shall, during the term for which he
is elected, be eligible or be appointed to any office under the city, nor shall
any member of said assembly, while such, be an employee of the city, or of
either branch of the said assembly in any capacity whatever.
Sec. 17. The stated and occasional meetings of the municipal assembly and its
proceedings and business shall be regulated by its own resolutions and rules,
provided, however, that at least one stated meeting shall be held each month,
except in the discretion of the municipal assembly in August and September. The
mayor may at any time call a special meeting of the municipal assembly. he shall
call such meeting after a requisition for that purpose, signed by nine members
of the board of aldermen and three members of the council, has been presented to
him. Three days before any special meeting of the municipal assembly is held,
notice of the time of the intended meeting and of the business proposed to be
transacted, signed by the mayor, shall be published in the city record, and the
city clerk shall cause a copy of such notice to be left or sent by post at the
usual place of abode or of business of each member of the municipal assembly,
but want of service of a notice upon any member shall not affect the validity of
a meeting. No business shall be transacted at a called meeting other than
specified in the notice relating thereto.
Id.; Style of Ordinances.
Sec. 18. The style of ordinances of this city shall be: "Be it ordained by the
Municipal Assembly of the City of New York, as follows::
Id.; Vote Required to Pass ordinances and Resolutions.
Sec. 19. Every legislative act of the municipal assembly shall be by ordinance
or resolution. No ordinance or resolution shall be passed except by a vote of a
majority of all the members elected to each board. In case any ordinance or
resolution involves the expenditure of money, the creation of a debt, the
levying of a tax or assessment, or the grant of a franchise, the votes of
three-fourths of all the members elected to each board shall be necessary to its
passage. No money shall be expended for any celebration, procession, funeral
ceremony, reception or entertainment of any kind, or on any occasion, unless by
the vote of four-fifths of all the members elected to each board.
No additional allowance beyond the legal claim which shall exist under any
contract with the corporation or with any department or officer thereof or for
any services on its account or in its employment, shall ever be passed by the
municipal assembly, except by the unanimous vote of both houses thereof and in
all cases the provisions of any such contract shall determine the amount of any
claim thereunder or in connection therewith, against the said corporation, or
the value of any such service.
To be continued: