kept separate and apart from the other system and shall be carried in separate accounts, and no funds or revenues belonging to one system shall be applied or used in the conduct and operation of the other. The surplus earnings of either of said systems, after the cost of operation, management, maintenance, and ordinary improvement have been paid and the payment of accrued interest upon outstanding bonds issued by said city, on account of either, and after the requirements of the sinking fund have been fully met, may, in the discretion of said commissioners, be applied toward improving and extending said systems respectively. If such surplus earnings are insufficient to make such improvements and extensions, then said board shall not expend during any year for such improvements and extensions more than five thousand dollars. If the sum to be expended for either of said systems exceeds the surplus earnings of the same by more than the sum of five thousand dollars, such expenditure can only be made when authorized by a vote of the resident taxpayers of the city at a special election. Upon the recommendation in writing of said board, approved by the common council, and when authorized by a vote of the resident taxpayers of the city at a special election, bonds of the city may be issued from time to time for extending said water supply system or electric light systems. The board of water and lighting commissioners shall have the control of the construction of all improvements and additions to the water and lighting systems and the extensions thereof, and shall have the power to make all contracts necessary or incidental to the execution thereof. Any work or construction exceeding in cost two thousand dollars shall, before any contract is let or work done, be advertised by said board for bids, with the power to re ject any and all bids received. A copy of each bid received and any contract entered into by the board shall be filed with the city. clerk and be deemed public records. Said board shall have power to appoint and employ such superintendent or superintendents and assistant superintendents, and such other help and employees as may be necessary for the performance of the work to be done, and to fix the duties and compensation of such superintendents and employees. All agents and employees handling moneys belonging to the city shall give a bond in the form usual for city officers, in the penal sum prescribed by said board. Said board shall have full control of said system of water works and electric lighting system and everything pertaining thereto and shall ex

§ 202, as amended

ercise the powers and fulfill the duties connected with the management and regulation thereof and of the use and sale of the products thereof, and may enforce the observance thereof by cutting off the supply of water or electricity or by the imposition of penalties. They shall establish a scale of rents for the use and consumption of water and electricity, to be paid, at such times as the board may prescribe, by the consumers thereof, and may, from time to time, either modify, increase, or diminish such rents; and said commissioners and their agents and employees shall be authorized at all times to enter into any building or buildings where water or electricity is used from said systems, to examine as to the pipes, water, electricity, fittings, fixtures and appliances and the quantity of water or electricity used, and manner of using it. The water and electric light revenues when collected shall be kept in separate funds to be known respectively as the water rent fund and electric light fund, and shall be paid out by the city treasurer to the respective parties entitled thereto upon the warrant of the said board of water and lighting commissioners.

§ 9. Section two hundred and two of such chapter, as amended by L. 1909, by chapter three hundred and fifty-nine of the laws of nineteen hundred and nine, is hereby amended to read as follows:

ch. 359,

amended.

§ 202. Water and electricity rents. Said water and electricity rents may be based on actual consumption as determined by meter or apportioned to the different classes of buildings and different conditions of delivery and consumption in said city or elsewhere, with reference to their ordinary use for dwellings, stores, shops, factories, stables, or other places, number of families or occupants, sprinkling of lawns, fire protection, or consumption of water, or electricity, as nearly as practicable. Said rents and charges, as well as the amount due and unpaid for the introduction and measurement of the supply of water or electricity to such premises and buildings shall be, like other taxes of the city, a lien and charge upon such premises and buildings as herein provided. The said board shall also estimate annually the rate or sum which shall be paid annually by the city of Jamestown for the use of water and electricity for public purposes. No more than twelve thousand dollars per year shall be charged to the city for the use of water. The common council shall annually levy and raise the amount of money so established by said board of water and lighting commissioners, and the amount so to be

raised shall be levied and collected at the same time and in the same manner as other general taxes of said city are levied and raised, and in addition thereto, and shall be paid by the city treasurer into the water and electric funds respectively.

§ 10. Sections two hundred and three, two hundred and four, two hundred and five and two hundred and six of such chapter are hereby amended to read, respectively, as follows:

amended.

$203. Furnishing water to towns and villages. If water mains §§ 203-206 are or shall be laid into or through a town or village, the board of water and lighting commissioners may contract with the town board on behalf of the town or with the trustees of the village to furnish water for the extinguishment of fires and for sanitary and other public purposes, and with any person or persons for domestic consumption.

§ 204. Sinking fund. Any sinking funds heretofore created for the purpose of taking care of any water or electric light bonds now outstanding shall be continued, and such other sinking funds shall be created from time to time as may be necessary to liquidate at their maturity any bonds issued in connection with either of the foregoing utilities. Such sinking funds shall be created and maintained as follows: Out of the surplus earnings of the operation of the water or electric light system, after the payment of the cost of operation, management, maintenance, improvements and extensions of said systems and the payment of the interest upon the outstanding bonds issued therefor by said city, the board of water and lighting commissioners shall upon the issuing of any bonds authorized hereby create a sinking fund for the payment of such bonds, principal and interest, at the maturity thereof by setting apart annually an amount sufficient to produce at the maturity of said bonds a sum equal to the principal then to become due. If and whenever the revenues as aforesaid shall be insufficient to enable said board to provide for the sinking fund requirements, and for the interest upon any of said bonds, said board shall report the fact and the amount of the deficiency to the common council. It shall thereupon become the duty of the common council to provide for such deficiency and pay the same in the same manner as it may provide for the payment of the principal and interest upon other bonded indebtedness of said city. Said city, in addition to the power which it now possesses to raise money for all other purposes by taxation, shall have power to raise by a general tax annually, and it shall be the duty of the common council to levy and raise annually, upon the real and personal

property assessed for taxation in said city, and as a part of the general tax levy, such sum as may be necessary to provide for the payment of such bonds and interest as aforesaid. Said city may, if necessary, make a temporary loan or loans therefor in anticipation of the tax levy. If the common council shall have raised and paid any sum of such deficiency arising from the insufficiency of the revenues of either of said systems, the board of water and lighting commissioners as soon as practicable by exercising the powers conferred upon it by law, shall increase the revenues of said system sufficiently to prevent a further deficiency; and also to raise the amount of the deficiency that shall have been paid by said common council, and said board of water and lighting commissioners shall pay the amount of such deficiency when raised into the general fund of said city.

The sinking funds herein provided for and the moneys belonging thereto shall be kept by the city treasurer and deposited in such banks, trust companies or savings banks as shall be designated by the board of water and lighting commissioners, and at such rate of interest thereon as may be agreed upon between said banks or trust companies and the city treasurer, subject to the approval of said board. No such deposit in any such bank or trust company, however, shall at any time be authorized in excess of fifty per centum of the capital stock of such bank or trust company. Each and every bank or trust company receiving such deposit shall before receiving the same, execute and give to the city a bond with sufficient sureties, conditioned to save the city harmless in any event from loss by reason of such deposits; such bond to be approved by said board. All such deposits shall be made in accounts separate from other city funds and shall be properly distinguished and designated. No money shall be withdrawn from any such fund except upon the warrant of the city treasurer, authorized by the resolution of the common council for the payment, redemption or purchase of the bonds, or some part thereof, for the payment of which said sinking fund was created, or for the transfer of such fund or some part thereof to another depository designated or approved therefor by said board. Any bond paid, redeemed or purchased shall at once be cancelled and returned with the report thereof to the common council. The funds remaining in said sinking funds at any time, or any part thereof, may, however, be invested by the city treasurer upon resolution of said board of commissioners and of the

common council, approved by the mayor, in interest bearing obligations of the United States, or state of New York, or any municipality thereof, and the commissioners may at any time, having the funds for that purpose, purchase at no more than par, any of the bonds issued for said systems and cancel and pay the same. The surplus earnings of the operation of the water and electric lighting systems on hand at any time, after the payment of the cost of operation, management, maintenance, improvements and extensions, and after the payment of the interest upon the outstanding bonds issued by said city in connection with said utilities and the requirements of said sinking funds may have been fully complied with, and provided for, may be applied by the common council with the consent of the board of water and lighting commissioners toward the payment of any bonded or other indebtedness of the city of Jamestown now or hereafter contracted.

$ 205. Payments out of the water and lighting funds. Any moneys now or hereafter belonging to the water or electric lighting funds of the city of Jamestown shall be paid out only on warrants numbered consecutively as issued, and signed by the president of the board of water and lighting commissioners and city clerk and countersigned by the city treasurer. No order or warrant for the payment of moneys from either of said funds shall be issued except upon the resolution of said board, duly entered upon its minutes, a certified copy whereof shall be filed in the office of the city treasurer. The voucher or other paper document for which said order was issued shall be filed with the president of said board and shall bear the number corresponding with the number of the warrant issued thereon. The board may, however, at any time, by resolution or order issued in the manner aforesaid, transfer any fund from any bank or trust company to any other bank or trust company, the funds so transferred and all interest accruing thereon shall be held and paid out by such bank or banks, trust company or trust companies only in the manner above provided.

§ 206. Books and reports. Said board of water and lighting commissioners shall keep books showing in detail the cost of the maintenance of said water and electric systems and of extending the same, and all its collections, rents, expenditures, and proceedings, and shall furnish whenever required by the common council such information in writing as to the business and affairs. of the board or said water and electric system as may be required