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OTHER CHARTER PROVISIONS

RELATING TO

THE BOARD OF EDUCATION

HEADS OF DEPARTMENTS; SEATS IN BOARD OF ALDERMEN; WHEN REQUIRED TO ATTEND

Section 25. Each head of an administrative department of the city shall be entitled to a seat in the board of aldermen and shall whenever required by it attend its meetings. He shall answer all questions put to him by any member relating to the affairs of his department, provided he shall have received forty-eight hours written notice thereof, and of the questions to be put. He shall have the right to participate in the discussions of said board, but shall not have the right to vote. If an administrative department is composed of more than one member, the president or presiding officer of such department shall be entitled to such seat.

BOARD OF ALDERMEN; POLICE, HEALTH, PARK, FIRE AND BUILDING REGULA

TIONS

*Section 43. The board of aldermen shall have power to make, establish, alter, modify, amend and repeal all ordinances, rules, and police, health, park, fire and building regulations, not contrary to the laws of the state, or the United States, as they may deem necessary to carry into effect the powers conferred upon The City of New York by this act, or by any other law of the state, or by grant; and such as they may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, peace and prosperity of said city and its inhabitants, except so far as power is conferred by this act upon presidents of boroughs, the police, health, park, and fire departments respectively to make rules for the government of the persons employed in and by said departments. Nothing in this section contained shall be construed to impair the powers conferred by this act upon the department.

*

* *

*This section was amended by Chapter 629, Laws of 1905.

FURTHER POWERS OF ALDERMEN; BONDS FOR IMPROVEMENTS; ALL POWERS SUBJECT TO CONTROL OF BOARD OF ESTIMATE

* * *

*Section 47. The board of aldermen shall have power to provide by ordinance for the acquisition, construction or establishment of markets; for the acquisition and construction of parks, parkways, playgrounds, boulevards and driveways; for the building of bridges over, and of tunnels under any stream or waterway within or adjoining the límits of the city; for the building of docks, wharves, or piers, and for acquiring land by purchase or condemnation, for said purposes; for acquiring, constructing, improving, permanently bettering and equipping public buildings, including school houses, libraries and sites therefor for the use of the city; for the repaving of streets; and for any of the foregoing purposes, may create loans and authorize the issue of bonds, or other evidences of indebtedness, to pay for the same, payable at such times, and in such manner, as it may by ordinance prescribe; and at such rates of interest as the board of commissioners of the sinking fund may prescribe; but no bonds or other evidences of indebtedness shall be issued under the authority of this section, unless the proposition for creating such debt, shall first be approved by a majority vote of the whole board of estimate and apportionment, entered on the minutes of record of such board. In case any bonds or corporate stock shall have been heretofore issued under authority of this section, as to which the board of aldermen did not prescribe any rate of interest by ordinance, the rate that may have been otherwise fixed and specified shall be the legal and valid rate. In addition to the specific purposes hereinbefore set forth, the board of aldermen may also create loans and authorize the issue of bonds for any other purpose connected with the exercise of the various powers conferred by this act upon The City of New York or any department or official thereof; provided, however, that no bonds or other evidences of indebtedness shall be issued for such additional purposes unless first approved by a unanimous vote of the board of estimate and apportionment, entered upon the minutes of record of said board;

*

BOARD OF ALDERMEN TO ACT WITHIN LIMITED TIME ON BOND ISSUES

Section 48. After any proposition for creating a debt by the issue of bonds for any of the purposes specified in section forty-seven of this act

*As amended by Chapter 409, Laws 1904, Chapter 629, Laws of 1905, Chapter 168, Laws of 1907, Chapter 439, Laws of 1907, and Chapter 376, Laws of 1908.

† As amended by Chapter 629, Laws of 1905, and Chapter 636, Laws of 1906.

OTHER CHARTER PROVISIONS

RELATING TO

THE BOARD OF EDUCATION

HEADS OF DEPARTMENTS; SEATS IN BOARD OF ALDERMEN; WHEN REQUIRED TO ATTEND

Section 25. Each head of an administrative department of the city shall be entitled to a seat in the board of aldermen and shall whenever required by it attend its meetings. He shall answer all questions put to him by any member relating to the affairs of his department, provided he shall have received forty-eight hours written notice thereof, and of the questions to be put. He shall have the right to participate in the discussions of said board, but shall not have the right to vote. If an administrative department is composed of more than one member, the president or presiding officer of such department shall be entitled to such seat.

BOARD OF ALDERMEN; POLICE, HEALTH, PARK, FIRE AND BUILDING REGULA

TIONS

*Section 43. The board of aldermen shall have power to make, establish, alter, modify, amend and repeal all ordinances, rules, and police, health, park, fire and building regulations, not contrary to the laws of the state, or the United States, as they may deem necessary to carry into effect the powers conferred upon The City of New York by this act, or by any other law of the state, or by grant; and such as they may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, peace and prosperity of said city and its inhabitants, except so far as power is conferred by this act upon presidents of boroughs, the police, health, park, and fire departments respectively to make rules for the government of the persons employed in and by said departments. Nothing in this section contained shall be construed to impair the powers conferred by this act upon the department.

*

* *

*This section was amended by Chapter 629, Laws of 1905.

FURTHER POWERS OF ALDERMEN; BONDS FOR IMPROVEMENTS; ALL POWERS SUBJECT TO CONTROL OF BOARD OF ESTIMATE

*

*

*

*Section 47. The board of aldermen shall have power to provide by ordinance for the acquisition, construction or establishment of markets; for the acquisition and construction of parks, parkways, playgrounds, boulevards and driveways; for the building of bridges over, and of tunnels under any stream or waterway within or adjoining the límits of the city; for the building of docks, wharves, or piers, and for acquiring land by purchase or condemnation, for said purposes; for acquiring, constructing, improving, permanently bettering and equipping public buildings, including school houses, libraries and sites therefor for the use of the city; for the repaving of streets; and for any of the foregoing purposes, may create loans and authorize the issue of bonds, or other evidences of indebtedness, to pay for the same, payable at such times, and in such manner, as it may by ordinance prescribe; and at such rates of interest as the board of commissioners of the sinking fund may prescribe; but no bonds or other evidences of indebtedness shall be issued under the authority of this section, unless the proposition for creating such debt, shall first be approved by a majority vote of the whole board of estimate and apportionment, entered on the minutes of record of such board. In case any bonds or corporate stock shall have been heretofore issued under authority of this section, as to which the board of aldermen did not prescribe any rate of interest by ordinance, the rate that may have been otherwise fixed and specified shall be the legal and valid rate. In addition to the specific purposes hereinbefore set forth, the board of aldermen may also create loans and authorize the issue of bonds for any other purpose connected with the exercise of the various powers conferred by this act upon The City of New York or any department or official thereof; provided, however, that no bonds or other evidences of indebtedness shall be issued for such additional purposes unless first approved by a unanimous vote of the board of estimate and apportionment, entered upon the minutes of record of said board;

*

* *

BOARD OF ALDERMEN TO ACT WITHIN LIMITED TIME ON BOND ISSUES

*Section 48. After any proposition for creating a debt by the issue of bonds for any of the purposes specified in section forty-seven of this act

* As amended by Chapter 409, Laws 1904, Chapter 629, Laws of 1905, Chapter 168, Laws of 1907, Chapter 439, Laws of 1907, and Chapter 376, Laws of 1908.

† As amended by Chapter 629, Laws of 1905, and Chapter 636, Laws of 1906.

as amended, has been approved by a resolution or vote of the board of estimate and apportionment, it shall be the duty of the board of aldermen upon receiving a copy of such resolution or vote to appoint a day not less than one week nor more than two weeks after receipt thereof for the consideration of the subject matter. The board of aldermen shall, on the day so fixed, proceed with the consideration thereof, and may continue and adjourn such consideration from time to time until a final vote shall be taken thereon as hereinafter provided. Within six weeks after the copy of such resolution or vote of the board of estimate and apportionment shall have been first received by the board of aldermen, a final vote shall be taken thereon by ayes and noes. Provided, however, that the said board of aldermen may by unanimous vote approve any such proposition for the issue of bonds forthwith and without appointing a day for the consideration thereof, and any such proposition so approved heretofore or hereafter shall be valid. If a majority of all the members of the board of aldermen shall vote against such proposition it shall be deemed to be rejected. If a majority of all the members of the board of aldermen shall not vote against such proposition within the six weeks above limited, then it shall be deemed at the expiration of said period to have been passed by the requisite vote of the board of aldermen. The action of the board of aldermen in passing any such proposition whether by an affirmative vote, or by a failure of a majority of all the members of the board of aldermen to vote against the same, shall be subject to the approval of the mayor and to the action of the board of aldermen in case of a veto, as provided in this act.

SECURITY TO BE REQUIRED FROM CERTAIN OFFICERS

Section 55. It shall be the duty of the board of aldermen where no provision has been made by law in respect thereto, to provide for the accountability of all officers and other persons, save as herein otherwise provided, to whom the receipt or expenditure of the funds of the city shall be entrusted, by requiring from them sufficient security for the performance of their duties of trust, which security shall be annually renewed; but the security first taken shall remain in force until new security shall be given. In the event of a failure of the board of aldermen to fix any such bond, the heads of the respective departments and the presidents of the several boroughs shall have power to fix such bond subject to modification by the board of aldermen.

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