ARTICLE XVII.

SECTION 1. The power of the Legislature to provide for the organization and government of cities, shall be exercised in accordance with the provisions, and subject to the limitations and restrictions hereinafter contained, and the powers and franchises of every existing city government must be exercised in conformity therewith. The Legislature shall, at its first session after the adoption of this article, provide by law for carrying into effect all the provisions contained therein.

§ 2. City elections shall be held separately from the State and national elections, and in March or April.

§3. The legislative power conferred on any city shall be vested in a board of aldermen, to be elected by the electors qualified under article second of the Constitution, which shall be the common council of said city; but no power hereinafter vested in the board of finance shall be conferred on or exercised by the board of aldermen. In case of a veto of any legislative act of the board of aldermen by the mayor, the board shall have power to pass the same, notwithstanding the mayor's veto, by a recorded vote of two-thirds of all the members elected, provided that such vote be taken at the next meeting of the board after the communication of the veto.

§ 4. The executive power of every city shall be vested in the mayor, and in such executive officers and departments as may be created by law. The mayor shall be the chief executive officer of the city, and he shall see to the faithful performance of their duties by the several executive officers and departments thereof. He shall be elected by electors qualified under article second of the Constitution, for such term, and he shall receive such compensation as the Legislature may prescribe. He shall nominate and, with the consent of the board of finance, appoint the chief officer or head of the financial department, and the chief law officer or head of the law department; and he shall have power to appoint the head or chief officers of the other executive departments. With the written approval of the Governor, the mayor may remove the head or chief officers of any executive department. He shall have power to investigate their accounts and proceedings; have access to all books and documents in their offices, and may examine them and their subordinates under oath, as to all matters relating to the performance of their official duties. He shall also have power to veto any legislative act of the board of aldermen. The mayor may be removed by the Governor for cause, as in the case of sheriffs; and in case of such removal, the Governor shall appoint a mayor to fill the vacancy, who shall hold office until the next succeeding city election, at which election a mayor shall be elected for the full term of the office. The Legislature shall provide for the filling of a vacancy in the office of mayor, otherwise occurring, until the next succeeding city election, and also for the discharge of the duties of the mayor during his temporary absence or disability. Heads of departments shall have power to appoint and remove their subordinate officers and employes, but the Legislature may regulate by law the qualifications for such appointments, and the conditions of such removals. § 5. There shall be elected in every city of this State a board of finance, to consist of not less than six, nor more than fifteen members. In cities having a population, according to the State census next preceeding the election, of over 100,000 inhabitants, the board of finance. shall be elected by the electors of the city (otherwise qualified under

article second of the Constitution), who shall, for two years next preceding the election, have paid an annual tax on property owned by them, and officially assessed for taxation in such city, of the assessed value of not less than $500, or shall have actually paid during the same period a yearly rental for premises in said city occupied by them for purposes of residence or lawful business, of not less than $250. In cities having a population according to the State census next preceding the election of not more than 100,000 inhabitants, the board of finance shall be elected by the electors of the city (otherwise qualified under article second of the Constitution), who shall, for two years next preceding the election, have paid an annual tax on property owned by them and officially assessed for taxation in such city, or shall have actually paid during the same period a yearly rent for premises in said city occupied by them for purposes of residence or lawful business of not less than $100. In cities having a population, according to the State census next preceding the election, of not more than 25,000 inhabitants, the board shall consist of six members. In cities having a population of over 25,000 inhabitants, and not more than 50,000, it shall consist of nine members. In cities having a population of over 50,000 inhabitants, and not more than 100,000, it shall consist of twelve members; and in cities having a population of over 100,000 inhabitants, it shall consist of fifteen members. At the first election one-third of the board shall be elected for a term of one year, one-third thereof for a term of two years, and one-third thereof for a term of three years; and thereafter the term of office shall be three years. The existence of any vacancy in the board shall not of itself suspend the exercise of its powers and duties. The Legislature shall, at its first session after the adoption of this article, and thereafter, from time to time, as may be necessary, provide by general law for the registration, in every city, of electors qualified to vote for the board of finance, and for filling vacancies in said board, and may change the number of members of which the said board shall consist in any city, provided that the number shall not, in any case, be less than six, and that one-third of the board shall be elected annually.

§ 6. The board of finance shall, in every fiscal year, make estimates of the sums of money necessary for the proper administration of the city government during the next fiscal year, and which are to be raised by taxation or supplied by the revenue of the city derivable from other sources and applicable to general purposes. Such estimates shall include the sums requisite for the payment of the interest on bonds or other city debts drawing interest, the principal of any debts payable during the year, judgments against the city, the sums sufficient to make good all deficiencies in the payment of taxes on personal estate for the last preceding year, and any deficiencies in the collection of taxes on real estate for any preceding year which may be found by the board to be uncollectible, and also any deficiencies in the collection of the estimated revenues from other sources, and all other sums required by law to be raised by taxation. The estimates shall also separately state the aggregate amount of moneys in the treasury or receivable during the next fiscal year, applicable to general purposes, in which may be included any prior unexpended appropriations which, in the judgment of the board, may not be required to meet existing liabilities; and shall, in like manner, separately state the aggregate amount to be raised by taxation. The board shall submit the estimates, when completed, to the mayor, who shall, within ten days thereafter, return the same to the board, with his

approval, or with his objection, if any he have, in writing, specifying the items objected to; and the items thus objected to, but no others, shall be reconsidered and finally determined by the board. The board shall, after the return of the estimates by the mayor, and the action of the board upon the items objected to, if any, or in the event of a failure of the mayor to return the same as above required, proceed, by resolution, to declare the estimates to be final and adopted, and the several sums of money therein estimated as necessary, shall become and be appropriated to and for the departments and officers therein mentioned, and for the objects and purposes therein mentioned. The aggregate amount to be raised by taxation shall be stated in such resolution, and shall thereupon be levied and collected in the manner provided by law for the levying and collecting of the city taxes. The board of finance. may, during any current fiscal year, by a unanimous vote and with the approval of the mayor, in case of pestilence, conflagration or other unforeseen public calamity, transfer sums of money appropriated to one department, object or purpose, and not required to satisfy existing liabilities, to another department, object or purpose. A vote of a majority of the entire board shall be necessary to the passage of any measure or resolution; and a vote of two-thirds of the entire board shall be necessary to the adoption of the estimates herein before provided for, or any item thereof, or to authorize the issue of any stock or bonds, and in such other cases as are hereinafter specified. It shall be the duty of the several departments, boards and officers, and the common council, to furnish all such statements and accounts as the board of finance may require, and at such times and in such manner as the said board may prescribe; and the board of finance shall also have power to examine the books and papers of the several executive departments and officers, and to examine such officers upon oath, concerning their official business.

or any

§ 7. No debt or liability shall be incurred by any department, board officer in any city, unless there shall be at the time an unexpended appropriation applicable thereto sufficient to satisfy the same and all debts. and liabilities previously incurred and payable out of such appropriation; and all contracts and engagements in contravention hereof shall be void. Nor shall any debt or liability of the city be paid, except out of money in the treasury appropriated to the purpose of paying such debt or liability. No city government, or any department thereof, shall grant any extra compensation to any officer, servant, agent, contractor or employe.

§ 8. The Legislature shall itself have no power to pass any law for the opening, making, paving, lighting, or otherwise improving or maintaining streets, avenues, parks or places, docks or wharves, or for any other local work or improvement in or for a city, but all authority necessary for such purposes shall be by law conferred on the city government; nor shall the Legislature impose any charge on any city or civil division of the State containing a city, except by a vote of two-thirds of all the members elected to each house. Any local work or improvement, in or for a city, the cost of which is to be wholly paid by the city at large, must be authorized by resolution, passed by the vote of two-thirds of all the members elected to the board of aldermen and board of finance, respectively. Any such work or improvement, the cost of which is to be wholly paid otherwise than by the city at large, must be authorized by the vote of two-thirds of all the members elected to the board of aldermen, with the consent of a majority in interest, to be ascertained in such manner as the Legislature may prescribe, of all the owners of

land within the district of assessment limited for the cost of such work or improvement. Any such work or improvement, the cost of which is to be paid in part by the city at large, and in part by local assessment, must be authorized by a resolution passed by the vote of two-thirds of all the members elected to the board of aldermen and board of finance, respectively, with the consent of a majority in interest, to be ascertained. as herein before directed, of all the owners of the land within the prescribed district of assessment.

9. No money shall be borrowed by any city government for the purpose of defraying any of the expenses of the city for which an appropriation has been made, except in anticipation of the revenue of the year in which the same may be borrowed, applicable to such purposes; and all moneys so borrowed must be paid out of such revenue, or out of revenues specially provided to supply any deficiency in the collection thereof; provided, however, that temporary loans, in anticipation of taxes, may be renewed, so far as such taxes may not have been collected, when the same are, in the opinion of the board, fully secured by valid liens on real estate. No city shall borrow any money for any other purpose, except under and in accordance with the following conditions and limitations, in addition to any other conditions and limitations contained in the Constitution:

1. The debt must be for some single work or object only, and must be authorized by a resolution passed by a vote of two-thirds of all the members of the board of finance, and approved by the mayor, distinctly specifying such work or object, and the amount of the debt to be incurred. 2. The Legislature must, before the creation of such a debt, assent thereto by a law passed by a vote of two-thirds of all the members elected to each house. Such law shall also distinctly specify the single work or object for which the debt is created, and the amount of the debt authorized, and shall contain provisions for a sinking fund to meet the same at maturity, and requiring at least ten per cent of the principal to be annually raised by taxation and paid into the sinking fund.

§ 10. Except as prescribed by the first section of this article, no change in the organization of, or in the distribution of powers in, a city government, or in the terms or tenure of office therein, shall be made by the Legislature, unless by an act passed upon the application of the city, made by resolution both of the board of aldermen and of the board of finance, respectively, approved by the mayor, or by an act which shall have received the sanction of two successive Legislatures.

Ordered, That said resolution be referred to the committee on the judiciary.

Mr. Coleman introduced a bill entitled "An act to release to George W. Allen and Mary E. Smith, both of the village of Greenbush, in the county of Rensselaer and State of New York, the title and interest of the people of the State of New York in the real estate of which John S. Smith, late of the said village of Greenbush, died seized," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Bixby introduced a bill entitled "An act to amend chapter 584 of the Laws of 1871, entitled 'An act to provide for the better prevention of fires in the city of New York, and to prescribe the powers and duties of the city fire marshal in relation thereto,' "" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

Mr. Robertson introduced a bill entitled "An act to amend chapter 818 of the Laws of 1868, entitled 'An act to incorporate the village of Port Chester, passed May 14, 1868,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the affairs of villages.

Mr. Vedder introduced a bill entitled "An act to amend chapter 596 of the Laws of 1874, entitled 'An act to incorporate the Manhattan Mortgage Company,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on miscellaneous corporations.

Mr. Selkreg introduced a bill entitled "An act to amend chapter 198 of the Laws of 1870, entitled 'An act to amend chapter 140 of the Laws of 1850, entitled An act to authorize the formation of railroad corporations and to regulate the same,' ," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

Mr. Cole introduced a bill entitled "An act in relation to the Superintendent of Public Works," which was read the first time, and by unanimous consent was also read the second time, and, referred to the committee on canals.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the special order, being the bill entitled as follows:

"An act supplemental to chapter 335 of the Laws of 1873, entitled 'An act to re-organize the local government of the city of New York.'" After some time spent therein, the President resumed the chair, and Mr. Cole, from said committee, reported in favor of the passage of the said named bill, with amendments, which report was agreed to, and the same ordered engrossed for a third reading.

Mr. Woodin moved that said bill, as amended in committee of the whole, be printed.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. Woodin, from the committee on the affairs of cities, to which was referred the bill entitled "An act to provide for the construction, repair, and improvement of docks, wharves, piers, slips and bulk-heads in the city of New York, and for the management and control of the same," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Woodin, from the committee on the affairs of cities, to which was referred the bill entitled "An act to re-organize the board of commissioners of the sinking fund of the city of New York," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Woodin moved that the consideration of both the foregoing bills be made a special order for to-morrow morning, immediately after the order of business of introduction of bills.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the members elected to the Senate voting in favor thereof.

By unanimous consent, Mr. Jacobs asked and obtained leave to introduce a bill entitled "An act in relation to the fees and costs in civil actions and proceedings before justices of the peace in the city of Brooklyn, and the payment thereof," which was read the first time, and by unanimous