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§ 11. Every legislative act of the Common Council shall be by ordinance, act, or resolution, which shall have passed the two Boards of Common Council before it shall take effect, shall be presented, duly certified, to the Mayor of the city for his approval. If he approve, he shall sign it; if not, he shall return it within ten days thereafter, with bis objections, to the Board in which it originated; or, if such Board be not then in session, at its next stated meeting. The Board to which it shall be returned shall enter the objections at large on their journal, and cause the same to be published in one or more of the daily newspapers of the city ; but no ordinance, act, or resolution shall be valid, unless the same shall have received the assent of both Boards within the same year.
§ 12. The Board, to which such ordinance, act, or resolution shall have been so returned, shall, after the expiration of not less than ten days thereafter, proceed to reconsider the same. If, after such reconsideration, at least two-thirds of all the members elected to the Board shall agree to pass the same, it shall be sent, together with the objections, to the other Board, by which it shall be likewise reconsidered, and if approved by at least two-thirds of all the members elected to such Board, it shall take effect as an act or law of the Corporation. In all such cases the votes of both Boards shall be determined by yeas and nays, and the names of the persons voting for and against the passage of the ordinance reconsidered shall be entered on the journal of each Board, respectively.
§ 13. If the Mayor shall not return the ordinance so presented to him within the time above limited for that purpose, it shall take effect in the same manner as if he had approved of it.
§ 14. Any ordinance of the Common Council may originate in either Board, and, when it shall have passed one Board, may be rejected or amended by the other. But no ordinance shall be passed by either Board, except by the vote of a majority of all the members elected to such Board.
§ 15. Neither the Mayor nor Recorder of the city of New York shall be a member of the Common Council thereof.
§ 16. The executive power of the Corporation shall be vested in the Mayor and the Executive Department.
§ 17. Whenever there shall be a vacancy in the office of Mayor, or whenever the Mayor shall be absent from the city, or be prevented by sickness, or any other cause, from attending to the duties of his office, or shall be removed, as hereinafter provided for, the President of the Board of Aldermen shall act as Mayor, and shall possess all the rights and powers of the Mayor, during the continuance of such vacancy, absence, or disability, and until the next charter election, in the case of a vacancy or removal from office. § 18. It shall be the duty of the Mayor
1. To communicate to the Common Council, at least once a year, and oftener if he shall deem it expedient, a general statement of the
situation and condition of the city, in relation to its government, finances and improvement.
2. To recommend for the adoption of the Common Council all such measures connected with the police, security, health, cleanliness, and ornament of the city, and the improvement of its government and finances, as he shall deem expedient.
3. To be vigilant and active in causing the ordinances of the city to be duly executed and enforced.
4. To exercise a constant supervision over the conduct and acts of all subordinate officers, and to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and generally to perform all such duties as may be prescribed for him by the charter and city ordinances, and the laws of this State or the United States.
5. To appoint such clerks as may be authorized by the Common Council, and as may be required in his office, to aid him in the dis
charge of his official duties. § 19. The Mayor, Comptroller, and Counsel to the Corporation shall each be elected by the electors of the city ; the Mayor for the term of two years, the Counsel to the Corporation for the term of three years, and the Comptroller for the term of four years. The Comptroller shall be voted for on a separate ballot. The other heads of departments shall be appointed by the Mayor, with the advice and consent of the Board of Aldermen. The Board of Aldermen shall have power to confirm or reject all nominations of officers made by the Mayor; and whenever any person nominated by the Mayor shall be rejected by the Board of Aldermen, the Mayor shall immediately nominate another person.
§ 20. The Mayor, Comptroller, and Counsel to the Corporation may each be removed by the Governor, for cause, in the manner provided by law in the case of sheriffs. The vacancy occasioned by the removal of the Comptroller, or Counsel to the Corporation, shall be filled by the Mayor, with the advice and consent of the Board of Aldermen, until it shall be supplied at the next annual election of charter officers.
§ 21. The other heads of the Executive Department, except the officers of the Croton Aqueduct Board, shall hold their office for two years, and until the appointment of their successors. The Mayor shall have power to suspend, for cause, during any recess of the Common Council, and by and with the consent of the Board of Aldermen to remove, any of the heads of departments, except the Comptroller and the Counsel to the Corporation, which suspension, and the cause thereof, shall be communicated to the Common Council, if in session ; and if not, then at the first meeting thereof. The Board of Aldermen shall have power, without the consent of the Mayor, by a vote of two-thirds of all the members elected, to remove any of the heads of departments, for cause, other than the Comptroller and
Counsel to the Corporation. The heads of departments shall have power to appoint and remove the chiefs of bureaux and clerks in their respective departments; except that the Chamberlain shall be appointed by the Mayor, with the consent of the Board of Aldermen, and may be removed in the same manner with heads of departments. The chiefs of bureaux and clerks of departments and bureaux shall hold office during the same term enjoyed by the heads of departments, unless sooner removed. The Chief Engineer of the Fire Department shall be elected in the same manner as is now, or may hereafter be, prescribed by law. The number of clerks to the departments shall be as fixed by the Common Council, who shall also fix the terms of all offices created by them under authority of law.
§ 22. There shall be an executive department, which shall be denominated the “ Department of Finance,” which shall have control of all the fiscal concerns of the Corporation, and shall prescribe the form of keeping and rendering all city accounts; and all accounts, rendered to or kept in the other departments of the City Government, shall be subject to the inspection and revision of the officers of this department. It shall settle and adjust all claims in favor of or against the Corporation, and all accounts in which the Corporation is concerned, either as debtor or creditor. The chief officer of this department shall be called the “ Comptroller of the city of New York.” There shall be a bureau in this department for the collection of the revenue accruing from rents and interest of bonds and mortgages, and for the collection of all revenues arising from the use or sale of property belonging to or managed by the city ; and for the performance of such other duties as may be directed by the Common Council; the chief officer of which shall be called the “ Collector of the City Revenue.” There shall also be a bureau in this department for the collection of taxes; the chief officer thereof shall be called the “Receiver of Taxes," who shall have all the powers and perform all the duties now prescribed by law for the Receiver of Taxes, and the office of Receiver of Taxes, as heretofore constituted, and the provisions of law relating to him, are hereby modified so as to conform to the provisions of this act. There shall also be a bureau in this department for the collection of arrears of taxes, arrears of assessments, and arrears of water rents, the chief officer of which shall be called the “Clerk of Arrears." There shall also be a bureau in this department for the reception of all moneys paid into the treasury of the city, and for the payment of moneys on the warrant drawn by the Comptroller and countersigned by the Mayor and Clerk of the Common Council ; and the chief officer thereof shall be called the “Chamberlain of the city of New York." The Chamberlain shall keep books, showing the amounts paid on account of the several appropriations; and no warrants shall be paid on account of any appropriations after the amount authorized to be raised by tax for that specific purpose shall have been expended. There shall
be another bureau in the Department of Finance, to be called the
Auditing Bureau," and the chief officer thereof shall be the “Auditor of Accounts.” It shall revise, audit, and settle all accounts in which the city is concerned as debtor or creditor ; it shall keep an account of each claim for or against the Corporation, and of the sums allowed upon each, and certify the same, with the reasons for the allowance, to the Comptroller. The Comptroller shall report to the Common Council, once in ninety days, the name of every person in whose favor an account has been audited, with the decision of the Auditor upon the same, together with the final action of the Comptroller thereon. All moneys drawn from the city treasury shall be upon vouchers for the expenditure thereof, examined and allowed by the Auditor, and approved by the Comptroller, and filed in his office.
§ 23. There shall be an executive department, which shall be denominated the “Street Department," which shall have cognizance of opening, altering, regulating, grading, flagging, curbing, guttering, and lighting streets, roads, places, and avenues; of building, repairing, and lighting wharves and piers, the construction and repairing of public roads, the care of public buildings and places, and the filling up of sunken lots, under the ordinances of the Common Council. The chief officer thereof shall be called Street Commissioner." There shall be a bureau in this department, the chief officer of which shall be called the “Superintend. ent of Wharves." There shall also be a bureau in this department, to be denominated the “Bureau of Repairs and Supplies," which shall have cognizance of all repairs and supplies to public buildings, lands and places, and of all other necessary repairs and supplies, not provided for in other departments; the chief officer thereof shall be a practical builder, and he shall be calle l the “Superintendent of Repairs and Supplies." There shall also be a bureau in this department, to be denominated the “Bureau of Lamps and Gas," the chief officer of which shall be called “Superintendent of Lamps and Gas.” The Chief Engineer of the Fire Department shall have a bureau under the Street Department, and shall have charge of repairing fire engines and fire apparatus. There shall be a bureau in this department, the chief officer of which shall be called the “Superintendent of Roads." There shall be a bureau in this department for the collection of assessments, and the chief officer thereof shall be called the “ Collector of Assessments." There shall be a bureau in this department for grading, flagging, curbing, and guttering streets, the chief officer of which shall be called the “Superintendent of Street Improvements.”
§ 24. There shall continue to be an executive department, under the denomination of the “Croton Aqueduct Board,” which shall have charge of the Croton Aqueduct, and all structures and property connected with the supply and distribution of Croton water in the city of New York, and the underground drainage of the same, and the public sewers of said.
city, and permits for street vaults, and of paving, repaving, and repairing streets, and digging and constructing wells; and the collection of the revenues arising from the sale of the Croton water, with such other powers and duties as are, or may be, prescribed by law. The chief officers thereof shall be called the “ President, Engineer, and Assistant Commissioner,” who, together, shall form the Croton Aqueduct Board, and hold their offices for five years. There shall be a bureau in this depart. ment for the collection of the revenues derived from the sale of the water, and the chief officer thereof shall be called the “Water Registrar," There shall also be a bureau in this department for the laying of water pipes, and the construction and repairs of sewers, wells, and hydrants; paving, repaving, and repairing streets; the chief officer of which shall be called the “ Water Purveyor."
§ 25. There shall continue to be an executive department known as the “ Almshouse Department,” which shall have cognizance of all matters relating to the Almshouse and prisons of said city; the chief officers thereof shall be called the “Governors of the Almshouse;" they shall take and hold their offices as provided by the act entitled “ An act to provide for the Government of the Almshouse and Penitentiary in the city and county of New York;' and be charged with the duties, powers, and responsibilities prescribed by that act. All ordinary appropriations intended for the support of the government of the Almshouse Department, proposed by the Governors of the Almshouse, shall, before the same are finally made, be submitted by the Governors to a Board consisting of the President of the Board of Aldermen, and the President of the Board of Councilmen, Mayor, and Comptroller. If said Board approve of the appropriations, it shall immediately report the same to the Supervisors of the county of New York; if it shall disapprove of the same,
it shall return them, with objections, to the Governors of the Almshouse, for their reconsideration ; and in case the said Governors shall, upon a reconsideration, adhere, by a vote of two-thirds of all the Governors then in office, to the original appropriations, they shall return them to the said Board, whose duty it shall be to report to the Supervisors. The Board of Education shall also submit, in like manner, all appropriations required by it, and said appropriations shall be subject to all the provisions of this section, so far as the same may be applicable.
§ 26. There shall be an executive department known as the “ Law Department,” which shall have the charge of and conduct all the law business of the Corporation, and of the departments thereof, and all other law business in which the city shall be interested, when so ordered by the Corporation, and shall have the charge of and conduct the legal proceedings necessary in opening, widening, or altering streets, and draw the leases, deeds, and other papers connected with the Finance Department; and the chief officer thereof shall be called the “ Counsel to the Corporation." There shall be a bureau in this department, the chief