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CHAPTER IX.

BOROUGH OFFICERS, LOCAL BOARDS AND LOCAL IMPROVEMENTS.

TITLE I. BOROUGH OFFICERS.

2. LOCAL BOARDS.

3. LOCAL IMPROVEMENTS.

TITLE I.

BOROUGH OFFICERS.

SEC. 382. President; qualifications, term, election, salary. 383. President; powers and duties.

384. President to call meetings of local board.

385. Halls or buildings to be located in each borough.

President; qualifications, term, election, salary.

§ 382. There shall be a president of each borough, who must be a resident thereof at the time of his election and remain a resident thereof throughout his term of office. The president and his successors shall be elected by the electors of the borough at all the elections whereat the mayors of The City of New York are respectively to be elected. The president shall hold his office for a term of four years, commencing at noon on the first day of January next after his election. The salary of the presidents of the boroughs of Manhattan, of The Bronx and of Brooklyn, respectively, shall be five thousand dollars a year, and the salary of the presidents of the boroughs of Queens and of Richmond, respectively, shall be three thousand dollars a year. A president of a borough may be removed by the mayor on charges, subject to the approval of the governor of the State of New York. Any vacancy in the office of president caused by removal from the borough, or otherwise, shall be filled for the unexpired term by an election to such vacancy made by a majority vote of all the members of the municipal assembly then in cffice representing said borough, and in case of any such vacancy it shall be the duty of the mayor forthwith to call such members in session for such an election and to preside thereat; but he shall not vote unless his vote be necessary to decide the election. In case of

the disability of any president of the borough caused by protracted illness there shall be elected in the same manner as for a vacancy, a president of the borough pro tempore, who shall act until the president is able to perform the duties of his office.

President; powers and duties.

§ 383. A president of a borough shall, by virtue of his office, be a member of the local board of every district of local improvements in his borough, and chairman thereof, entitled to preside at its meetings and to vote as any other member, but he shall not have the power of veto. He shall have an office in such hall or public building of the borough as the municipal assembly may by resolution direct. He shall have power to appoint a secretary and other assistants and clerks, if provision be made therefor by the board of estimate and apportionment and the municipal assembly, and, within the proper appropriation, to fix their salaries. The said secretary, assistants and clerks shall hold office at the pleasure of the president.

President to call meetings of local board.

§ 384. A president of the borough shall call all meetings of the various local boards of the borough, and shall give such notice thereof to the members as the ordinances of the municipal assembly may require. And he shall certify all resolutions, proceedings and determinations of the local boards of the districts of local improvements in his borough.

Halls or buildings to be located in each borough.

§ 385. There may be when prescribed by this act a hall or public building or buildings in each borough, at which may be stationed deputies of such of the various administrative departments of the city government, as may be authorized by the board of public improvements, for the greater convenience of the people of the city in the discharge of the duties thereof, provided such deputies or divisions shall be in all things as much a part of each department respectively, and as fully under the head thereof, as if the administrative force of said department were seated wholly in one building.

TITLE 2.

LOCAL BOARDS.

SEC. 390. Districts of local improvements.

391. The local board; how constituted; jurisdiction.

392. Id.; procedure.

393. Id.; powers.

394. Id.; meetings; secretary; quorum.

Districts of local improvements.

§ 390. For the purposes of local improvements the territory of The City of New York is hereby divided into certain districts of local improvements. The districts so constituted shall be named or numbered or otherwise distinguished by the municipal assembly. As first constituted by this act there shall be twenty-two districts of local improvements which shall together comprise all of the territory by this act consolidated into The City of New York. The territory in each of the senatorial districts of the state of New York, situated in whole or in part within the limits of The City of New York, as constituted by this act, as such districts are divided by the constitution of the state of New York in force January the first, eighteen hundred and ninety-five, and to the extent that they are within the limits of said city, and as therein bounded and described, shall constitute a separate district of local improvements, that shall be bounded and described in the same terms as is the same territory when contained in a senatorial district, as aforesaid. The municipal assembly shall, whenever necessary, supplement and complete the description of the boundaries of any district.

For the boundaries of the senatorial districts, included within the limits of the city of New York, as created by this act, see appendix.

The local board; how constituted; jurisdiction.

§ 391. There shall be in each and every district of local improvements a board of local improvements to be known and described as "the local board," to be entrusted with the powers by this act prescribed. The jurisdiction of each local board shall be confined to the district for which it is constituted, and to those subjects or matters the costs and expenses whereof are in whole or in part a charge upon the people or property of the district or a part thereof, except so far as by this act jurisdiction may otherwise be given. over matters of local administration within such district. Each local board shall consist of the president of the borough wherein the district is situated, by virtue of his office, and of each member

of the municipal assembly, who is a resident of such local improvement district, by virtue of his office and during his term as such member. Removal from the district shall vacate their offices as members of the said local board. The members of a local board shall serve as such members without compensation. If any proposed local improvement specified in section three hundred and ninety-three of this act shall embrace the territory or affect the property of more than one district of local improvements, the members of the local boards of all the districts so affected shall, for all proceedings in the matter of such improvement, constitute the local board for the purposes thereof, and its proceedings shall in all respects conform to the provision of this act that regulate the proceedings of any other local board.

Id.; procedure.

$392. The action of a local board shall be by resolution, subject to the procedure governing resolutions passed by the municipal assembly and conformably thereto save that they need not be submitted to the mayor of The City of New York for his approval.

Id.; powers.

§ 393. A local board, subject to the restrictions provided by this act, shall have power in all cases where the cost of the improvement is to be met in whole or in part by assessments upon the property benefited, to recommend that proceedings be initiated to open, close, extend, widen, grade, pave, regrade, repave and repair the streets, avenues and public places, and to construct lateral sewers within the district; to flag or reflag, curb or recurb the sidewalks, and to relay crosswalks on such streets and avenues; to set or to reset street lamps; and to provide signs designating the names of the streets. A local board shall have power to hear complaints of nuisances in streets or avenues, or against disorderly houses, drinking saloons conducted without observance of the licenses. therefor, gambling houses or any other places or congregations violative of good order or of the laws of this state, or other matters or things concerning the peace, comfort, order and good government respecting any neighborhood within the district, or concerning the condition of the poor within the district, and to pass such resolutions concerning the same as may not be inconsistent with the powers of the municipal assembly or of the respective administrative departments of The City of New York, and to aid such municipal assembly and departments in the discharge of their duties respecting the good government of the said district.

Id.; meetings; secretary; quorum.

$ 394. Meetings of each local board shall be held at the main hall or public building of the borough. It shall be the duty of the president to call such meetings whenever in his opinion the public business shall require, or whenever he shall receive the written request of any three members of a local board. The secretary of the president of the borough shall act as the secretary of each local board, in the borough, without additional compensation. He shall keep a record of all resolutions, proceedings and determinations of each local board, and shall file the same in the office of the president of the borough, and he shall discharge such other duties as may be prescribed by this act, or by the municipal assembly, or by the president of the borough, or by a local board. The president of a local board and one other member thereof shall constitute a quorum for the transaction of business at any meeting duly called.

TITLE 3.

LOCAL IMPROVEMENTS.

SEC. 400. President; duty on receipt of petition.

401. Local board; proceedings after petition.

402. Id.; to transmit resolution; further procedure; expenses to be
a lien.

403. Local boards; power to flag sidewalks, etc.
404. Construction of this title.

President; duty on receipt of petition.

§ 400. When a petition for a local improvement within the jurisdiction of a local board has been received by the president of the borough, it shall be his duty to appoint a time for a meeting of the proper local board, not more than fifteen days thereafter, at which meeting such petition will by him be submitted to the said local board, and he shall thereupon cause a notice to be published in the "City Record," that such petition has been presented to him and is on file in his office for inspection, and of the time when and of the place where there will be a meeting of the local board at which such petition will be submitted by him, to said board, which time shall not be less than ten days after the publication of the notice.

Local board; proceedings after petition.

§ 401. The local board, after the submission of such petition and consideration of the same, may then, as the petition shall ask, recommend that proceedings be initiated to open, to close, to extend,

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