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0 chapters · 147 sections in this title.
N.Y. Second Class Cities Law § 36 Appropriations
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§ 36. Appropriations. No appropriation of money shall be made for any purpose except by ordinance specifying each item, the amount thereof, and the department or specific purpose for which the appropriation is made.
N.Y. Second Class Cities Law § 37 Disposition of real estate; franchises
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§ 37. Disposition of real estate; franchises. No ordinance shall be passed making or authorizing a sale or lease of city real estate or of any franchise belonging to or under the control of the city except by vote of three-fourths of all the members of the common council. In cas…
N.Y. Second Class Cities Law § 38 Procedure after passage of ordinance
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§ 38. Procedure after passage of ordinance. Every ordinance of the common council shall immediately after its passage be separately engrossed and signed by the president and attested by the clerk. The clerk shall thereupon present the same to the mayor. If the mayor approve it h…
N.Y. Second Class Cities Law § 39 Record of ordinances
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§ 39. Record of ordinances. Every ordinance shall, upon its taking effect as herein provided, be recorded in a book kept for that purpose by the clerk. Such records shall include the signature of the president, attestation of the clerk and the mayor's written approval, or in cas…
N.Y. Second Class Cities Law § 4 Application of chapter
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§ 4. Application of chapter. A provision of this chapter shall apply, according to its term, only to a city of the state which on the thirty-first day of December, nineteen hundred and twenty-three was a city of the second class, until such provision is superseded pursuant to th…
N.Y. Second Class Cities Law § 40 Regulations of duties of officers
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§ 40. Regulations of duties of officers. The common council may, by ordinance passed by three-fourths of all its members, not inconsistent with this chapter, or other laws of the state, regulate the powers and duties of any city officer or department; and it has power to investi…
N.Y. Second Class Cities Law § 41 Executive functions; how performed
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§ 41. Executive functions; how performed. Whenever an executive or administrative function is by law or ordinance of the common council required to be performed, the same shall be performed by the proper executive or administrative officer or department, designated in the law or…
N.Y. Second Class Cities Law § 42 Penalties for violation of ordinances
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§ 42. Penalties for violation of ordinances. Any person violating an ordinance of the common council shall be guilty of a misdemeanor, except that an ordinance may provide that a violation thereof shall be an offense, and the common council may provide therein or by general ordi…
N.Y. Second Class Cities Law § 43 Designation of official papers; official printing
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§ 43. Designation of official papers; official printing. At the first meeting of the common council for the purpose of organization, as provided herein, it shall designate not more than two newspapers published in the city to be the official paper or papers of the city. The comm…
N.Y. Second Class Cities Law § 44 Penalties
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§ 44. Penalties. Any member of the common council who shall knowingly or unlawfully disregard any provision of law applicable to the members thereof, or who shall vote for any ordinance or measure in violation of the law, or any appropriation unauthorized by law or in excess of …
N.Y. Second Class Cities Law § 50 Executive power
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§ 50. Executive power. The executive power of the city is vested in the mayor, and in such executive officers and departments as are or may be created by law, or by ordinance of the common council.
N.Y. Second Class Cities Law § 51 Acting mayor
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§ 51. Acting mayor. Whenever there shall be a vacancy in the office of mayor, or whenever by reason of sickness or absence from the city the mayor shall be prevented from attending to the duties of the office, the president of the common council shall act as mayor and possess al…
N.Y. Second Class Cities Law § 52 Secretary and assistants
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§ 52. Secretary and assistants. The mayor shall appoint a secretary and such other assistants as may be prescribed by the board of estimate and apportionment.
N.Y. Second Class Cities Law § 54 Duties of mayor
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§ 54. Duties of mayor. It shall be the duty of the mayor to see that the city officers and departments faithfully perform their duties; to maintain peace and good order within the city; to take care that the laws of the state and the ordinances of the common council are executed…
N.Y. Second Class Cities Law § 55 Execution of deeds and contracts
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§ 55. Execution of deeds and contracts. The mayor shall, on behalf of the city, execute all deeds and contracts made by it and shall cause to be affixed thereto the city seal.
N.Y. Second Class Cities Law § 56 Examination of books and accounts
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§ 56. Examination of books and accounts. The mayor shall have authority at all times to examine the books and papers of any officer, employee or department of the city and, as often as he may deem proper, to appoint one or more competent persons to examine, without notice, the a…
N.Y. Second Class Cities Law § 57 Additional powers and duties
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§ 57. Additional powers and duties. The mayor shall have such other powers and perform such other duties as may be prescribed in this chapter or by other laws of the state or by ordinance of the common council, not inconsistent with law. In case of riot, conflagration or other p…
N.Y. Second Class Cities Law § 60 Temporary and funded debts
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§ 60. Temporary and funded debts. (a) Whenever the finance board, as that term is defined in section 2.00 of the local finance law, shall authorize the issuance of bonds or notes, it shall do so by ordinance. (b) Provision shall be made for the payment of each annual installment…
N.Y. Second Class Cities Law § 62 Comptroller and deputy comptroller
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§ 62. Comptroller and deputy comptroller. The comptroller may appoint, to hold office during his pleasure, a deputy and such other subordinates as may be prescribed by the board of estimate and apportionment. In case of the absence or disability of the comptroller, or of a vacan…
N.Y. Second Class Cities Law § 63 Duties of comptroller
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§ 63. Duties of comptroller. The comptroller shall superintend the fiscal affairs of the city and manage the same pursuant to law and ordinance of the common council. He shall keep a separate account with every department and with each improvement for which funds are appropriate…
N.Y. Second Class Cities Law § 64 Claims against the city
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§ 64. Claims against the city. No claim against the city except for a fixed salary, for the principal or interest on a bonded or funded debt or other loan, or for the regular or stated compensation of officers or employees in any city department, or for work performed or materia…
N.Y. Second Class Cities Law § 65 Custody and management of sinking fund
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§ 65. Custody and management of sinking fund. The comptroller shall have, under the direction of the board of estimate and apportionment, the custody, investment and management of any sinking fund provided for the payment or redemption of city debts.
N.Y. Second Class Cities Law § 66 Accounts with treasurer
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§ 66. Accounts with treasurer. The comptroller shall keep an account between the city and the treasurer, and of all moneys received and disbursed by the treasurer, and for that purpose he shall procure daily statements from the treasurer as to the moneys received and disbursed b…
N.Y. Second Class Cities Law § 67 Annual financial statement
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§ 67. Annual financial statement. The comptroller shall, within thirty days after the close of each fiscal year, prepare and publish in book or pamphlet form a full and accurate statement in detail, verified by his oath showing: (1) the receipts and revenues of the city from all…
N.Y. Second Class Cities Law § 68 Treasurer and deputy treasurer
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§ 68. Treasurer and deputy treasurer. The treasurer may appoint, to hold office during his pleasure, a deputy and such other subordinates as may be prescribed by the board of estimate and apportionment. In case of the absence or disability of the treasurer, or of a vacancy in th…
N.Y. Second Class Cities Law § 69 Duties of treasurer
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§ 69. Duties of treasurer. The treasurer shall demand, collect, receive and have the care and custody of and shall disburse all moneys belonging to or due the city from every source, except as otherwise provided by law. All moneys of the city received by the treasurer shall be d…
N.Y. Second Class Cities Law § 70 Deposits and accounts
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§ 70. Deposits and accounts. All moneys deposited by the treasurer, as provided herein, shall be placed to the credit of the city. The treasurer shall keep bank books in which shall be entered his accounts or deposits in, and moneys drawn from, the banks or trust companies in wh…
N.Y. Second Class Cities Law § 71 Board of estimate and apportionment
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§ 71. Board of estimate and apportionment. There shall be a board of estimate and apportionment, which shall consist of the mayor, comptroller, corporation counsel, president of the common council, and the city engineer, except that when the number of subordinates, or the salari…
N.Y. Second Class Cities Law § 72 Sinking fund
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§ 72. Sinking fund. Unless under special laws governing the city at the time this chapter takes effect provision is made for the creation or maintenance of a sinking fund or funds for any purpose, thirty per centum of all moneys or revenues received by any city which has term bo…
N.Y. Second Class Cities Law § 73 Fiscal year; departmental estimates
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§ 73. Fiscal year; departmental estimates. The fiscal year of the city shall commence on the first day of January. On or before the first day of November in each year all heads of departments and officers empowered by law or by city ordinance to control or authorize expenditures…
N.Y. Second Class Cities Law § 74 Determination of positions and salaries
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§ 74. Determination of positions and salaries. The board of estimate and apportionment, except as otherwise provided by law, shall have authority to fix the salaries or compensation, and determine the positions and numbers of all city officers and employees, of each office, boar…
N.Y. Second Class Cities Law § 75 Annual estimate
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§ 75. Annual estimate. Within sixty days after the commencement of each fiscal year, the board of estimate and apportionment shall make an itemized statement, in writing, of the estimated revenues and expenditures of the city for the fiscal year, which shall be known as its annu…
N.Y. Second Class Cities Law § 76 Annual appropriations
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§ 76. Annual appropriations. When the common council shall have adopted the final estimate of the board of estimate and apportionment or said estimate as amended by it, the same shall be entered at large in its minutes and become a part of its proceedings. The several sums estim…
N.Y. Second Class Cities Law § 77 Tax budget
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§ 77. Tax budget. The amount of estimated expenditures contained in the annual estimate adopted by the common council, less the amount of estimated revenues applicable to the payment thereof and the amount of all judgments payable prior to the tax levy, shall constitute the tax …
N.Y. Second Class Cities Law § 79 Contracts and expenditures prohibited
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§ 79. Contracts and expenditures prohibited. No officer, board, or department shall, during any fiscal year, expend or contract to be expended any money or incur any liability, or enter into any contract which, by its terms, involves the expenditure of money for any of the purpo…
N.Y. Second Class Cities Law § 80 Penalties for violation of preceding section
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§ 80. Penalties for violation of preceding section. Any officer or member of any board or department of the city, making or voting for any contract prohibited by the preceding section, or auditing any account or claim under any such contract, shall be deemed guilty of a misdemea…
N.Y. Second Class Cities Law § 81 Appropriations for band concerts
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§ 81. Appropriations for band concerts. The board of estimate and apportionment may include in the annual estimate and appropriate an amount to be expended by the superintendent of parks under the supervision and direction of the commissioner of public works, in providing public…
N.Y. Second Class Cities Law § 90 Commissioner and deputy commissioner of public works
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§ 90. Commissioner and deputy commissioner of public works. The commissioner of public works shall be the head of the department of public works. He shall appoint, to hold office during his pleasure, a deputy and such other subordinates as may be prescribed by the board of estim…
N.Y. Second Class Cities Law § 91 Powers and duties of commissioner
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§ 91. Powers and duties of commissioner. The commissioner, subject to the provisions of law and ordinances of the common council, has cognizance, direction and control of the construction, maintenance, alteration, repair, care, cleaning, paving, flagging, lighting and improving …
N.Y. Second Class Cities Law § 92 Repair of sidewalks; removal of snow and ice
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§ 92. Repair of sidewalks; removal of snow and ice. The commissioner of public works shall have full power and authority to require the owner of property abutting upon a street to repair any sidewalk in front thereof or bring the same to true grade, and to remove the snow and ic…
N.Y. Second Class Cities Law § 93 Performance of public work to be certified
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§ 93. Performance of public work to be certified. All public work performed pursuant to contract under the supervision or control of the commissioner shall, before it is accepted, be certified to by him to the effect that such work has been performed in a good and substantial ma…
N.Y. Second Class Cities Law § 94 Water works
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§ 94. Water works. In case the city owns and operates a system of municipal water works, the commissioner of public works shall appoint, to hold office during his pleasure, a superintendent of water works, who shall have, under the direction of the commissioner, the supervision,…
N.Y. Second Class Cities Law § 95 Collection of water rents
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§ 95. Collection of water rents. All water rents shall be collected from the owners of the lots and buildings which shall be situated upon any street or avenue upon which the distributing pipes are now or may hereafter be laid, and from which such lots and buildings can be suppl…
N.Y. Second Class Cities Law § 96 Superintendent of parks
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§ 96. Superintendent of parks. Unless otherwise provided by law, the commissioner of public works shall appoint, to hold office during his pleasure, a superintendent of parks, who shall have, under the direction of the commissioner, the supervision, care, management and control …
N.Y. Second Class Cities Law § 97 City engineer
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§ 97. City engineer. No person shall be eligible to appointment as city engineer unless he be a civil engineer of at least five years' practical experience in his profession. He shall appoint, to hold office during his pleasure, a deputy and such other subordinates as may be pre…
N.Y. Second Class Cities Law § 98 Duties of city engineer
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§ 98. Duties of city engineer. It shall be the duty of the city engineer to perform all the ordinary engineering and surveying services in the affairs and business of the city and to supervise, under the general direction of the commissioner of public works, all the work done fo…
N.Y. Second Class Cities Law § 99 Alteration of grades and names of streets
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§ 99. Alteration of grades and names of streets. The grade of any street shall not be fixed or established except by direction of the common council. The grade of a street heretofore or hereafter legally established shall not be changed, except by direction of the common council…