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amended by

ch. 519,

ch. 729,

ch. 616,

ch. 544,

ch. 599,

inhabitants," as added by chapter seven hundred and fifty-two of ch. 752, and the laws of eighteen hundred and ninety-four, and amended by chapter five hundred and nineteen of the laws of eighteen hundred L. 1996, and ninety-five, chapter seven hundred and twenty-nine of the laws L. 1900, of eighteen hundred and ninety-six, chapter six hundred and six- L. 1902, teen of the laws of nineteen hundred, chapter five hundred and L. 1905, forty-four of the laws of nineteen hundred and two, chapter five L. 1906, hundred and ninety-nine of the laws of nineteen hundred and five, chapter four hundred and seventy-two of the laws of nineteen amended by hundred and six, and as thus renumbered and amended by chapter ch. 498, and four hundred and ninety-eight of the laws of nineteen hundred and amended by nine, and amended by chapter two hundred and five of the laws of ch. 205, and nineteen hundred and ten, and chapter two hundred and twenty- ch. 226, six of the laws of nineteen hundred and twelve, is hereby amended to read as follows:

ch, 472, as renumbered and

L. 1909,

L. 1910,

L. 1912,

amended.

for con

2. As soon as such consents, where necessary, shall have been Contracts obtained for any rapid transit railroad or railroads and the destruction, tailed plans and specifications have been prepared as provided in section six of this act, the said commission, for and in behalf of said city, may enter into a contract or contracts with any person or persons, firm or firms, or corporation or corporations, which in the opinion of said commission shall be best qualified to fulfill and carry out said contract or contracts for the construction of such road or roads, including such galleries, ways, subways and tunnels, for subsurface structures as said commission may include in the plans for such road or roads under the authority of section six of this act, upon the routes and in accordance with the plans and specifications so adopted, for such sum or sums of money, to be raised and paid out of the treasury of said city, as hereinafter provided, or to be contributed in part or in whole for the construction of such road or roads by the contractor having the contract for the equipment and operation of such road or roads as a consideration for the making of such contract for equipment and operation as hereinafter provided. Such contract for construction shall contain such terms and conditions, not inconsistent with the aforesaid plans and specifications, as said commission shall determine to be best for the public interests. The sum or sums of money to be paid for the construction of such road or roads shall be separately stated in the contract or contracts from the sum or sums to be paid for any galleries, ways, subways or tunnels for subsurface structures, the construction of which is provided for in such contract or contracts. And said commission may in any case

§36, as added by

ch, 752, and

L. 1895,

contract for the construction of the whole road, or all the roads provided for by the aforesaid plans in a single contract, or may by separate contracts, executed from time to time, or at the same time, with one or more such persons, firms or corporations, provide for the construction of a part or parts of said road or roads or for the construction at first of two or more tracks over a part or parts of such road or roads and afterwards of one or more additional tracks over a part or parts of such road or roads as the necessities of said city and the increase of its population or the advantageous and economical performance of the work may in the judgment of said commission require; or the said commission may in its discretion by separate contracts executed from time to time or at the same time contract with one or more persons, firms or corporations for the performance of any kind or kinds of work or any portion or portions of the work or for the furnishing of any material or materials or for the performance of any labor necessary for or incidental to the construction of the said road or roads or any part or parts thereof. In any case where any such contract which shall have been entered into provides that upon the happening of any event or default specified in such contract the said commission shall have the right and be entitled to take over and perform or complete or contract for the performance or completion of the work embraced in said contract or any part of such work, the said commission, upon the happening of any such event or default so specified in such contract may also with the approval of the board of estimate and apportionment, or other analogous local authority of said city, employ such persons and purchase or hire such plant, tools, machinery, supplies and materials as may be necessary, and itself perform or complete the work embraced in such contract or any part of such work as in its judgment the public interests require.

§ 2. Section thirty-six of such chapter, as added by chapter L. 1894, seven hundred and fifty-two of the laws of eighteen hundred and amented by ninety-four, and amended by chapter five hundred and nineteen of the laws of eighteen hundred and ninety-five, chapter four ch, 498, and hundred and ninety-eight of the laws of nineteen hundred and nine and chapter five hundred and forty of the laws of nineteen hundred and thirteen, is hereby amended to read as follows:

ch. 519.

L. 1909,

L. 1913,

ch. 540,

amended.

§ 36. Advertising for proposals. The said public service coinmission before awarding any contract or contracts except where 1 Remainder of section new.

there is an extraordinary emergency involving danger to life or property or where the estimated expense of a contract does not exceed twenty-five thousand dollars shall advertise for proposals for such contracts by a notice to be printed once a week for two successive weeks in no less than two of the daily newspapers published in said city, and in such newspapers published elsewhere than in said city as said commission shall determine. Such notice shall set forth and state the points within said city, between which said road or roads is or are to run, the general method of construction, the route or routes to be followed, the term of years for which it is proposed to make such contract, and such other details and specifications as said commission shall deem to be proper. Said notice shall state the time and place at which said proposals will be opened, and the said commission shall attend at the time and place so specified, and shall publicly open all proposals that shall have been received, but the said commission shall not be bound to accept any proposals so received, but may reject all such proposals and readvertise for proposals in the manner hereinbefore provided, or may accept any of such proposals as will, in the judgment of such commission, best promote the public interest, and award a contract accordingly. All such contracts must before execution be approved as to form by the corporation counsel, or other chief legal adviser of such city and consented to by the board of estimate and apportionment or other analogous authority of such city.

ch. 4, § 37,

added by

ch, 752, and

L. 1895,

ch. 562,

chaps.

3. Subdivision two of section thirty-seven of such chapter, L. 1891, as added by chapter seven hundred and fifty-two of the laws of subd. 2, as eighteen hundred and ninety-four, and amended by chapter five L. 1894, hundred and nineteen of the laws of eighteen hundred and ninety- amended by five, chapter five hundred and sixty-two of the laws of nineteen ch. 519, hundred and four, chapters four hundred and seventy-two and L. 102, six hundred and seven of the laws of nineteen hundred and six, L. 1906, chapter five hundred and thirty-four of the laws of nineteen 472, 607, hundred and seven, chapter four hundred and seventy-two of the ch. 64, laws of nineteen hundred and eight, chapter four hundred and ch. 472. ninety-eight of the laws of nineteen hundred and nine, chapter ch. 498, eight hundred and eighty-eight of the laws of nineteen hundred ch. 888, and and eleven and chapter five hundred and forty of the laws of ch. 540, nineteen hundred and thirteen and by chapters five hundred and

2 Formerly "ten."

3 Remainder of section new.

L. 1907,

L. 1908,

L. 1909,

L. 1911,

L. 1913,

amended.

Amount

of bonds.

contracts.

forty-four and five hundred and forty-five of the laws of nineteen hundred and fifteen, is hereby amended to read as follows:

4

2. The amount of bonds authorized to be issued and sold by this section shall not exceed the limit of amount which shall be prescribed by the board of estimate and apportionment or such other local authority having power to make appropriations of moneys to be raised by taxation; and no contract for the construction of such road or roads shall be made unless and until such board of estimate and apportionment or such other local authority shall have consented thereto and prescribed a limit to the amount of bonds available for the purposes of this section which shall be sufficient to meet the requirements of such contract in addition to all obligations theretofore incurred and to be satisfied from Hearing on such bonds. Before finally fixing the terms and conditions of any contract for any of the purposes contained and set forth in this act except where there is an extraordinary emergency involving danger to life or property or where the estimated expense of a contract does not exceed twenty-five thousand dollars, the public service commission shall set a date or dates for a public hearing upon the proposed terms and conditions thereof, at which citizens shall be entitled to appear and be heard. No such hearing shall be held, however, until notice thereof shall have been published for at least two weeks immediately prior thereto in the City Record, or other official publication of the city, and at least twice in two daily newspapers published in the city. It shall be the duty of the commission to cause as many copies of a draft of the proposed contract to be printed at least two weeks in advance of such hearing as may be necessary. The said notice of such public hearing shall state where copies of such drafts may be obtained upon payment of a fee, to be fixed by said commission, but not to exceed one dollar for each such copy. The commission may, after the hearing to be held as above required, alter, modify or amend such draft contract in any manner in its discretion.

84. This act shall take effect immediately.

4 Subd. 2 was neither amended nor otherwise affected by L. 1915, chaps. 544, 545.

5 Formerly "ten."

Chap. 626.

AN ACT making an appropriation for constructing a concrete culvert over the Eighteen-mile creek in the city of Lockport. Became a law May 23, 1917, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The sum of twelve thousand five hundred dollars ($12,500), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the purpose of constructing a concrete culvert over the Eighteen-mile creek, in the city of Lockport, from the east line of Pound street approximately to the east line of lot six, section fourteen, township fourteen, range six, said culvert to be approximately seven feet by seven feet inside dimensions, and nine hundred and forty feet long. Such work to be performed by the superintendent of public works, by department forces or by contract whichever method in his judgment shall be for the best interests of the state. The moneys hereby appropriated shall be payable by the state treasurer on the warrant of the comptroller to the order of the superintendent of public works. 2. This act shall take effect immediately.

Chap. 627.

AN ACT to amend the Greater New York charter, in relation to salaries of the teaching staff of the board of education.

Became a law May 23, 1917, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1091, as

Section 1. Section ten hundred and ninety-one of the Greater L. 1997, New York charter, as re-enacted by chapter four hundred and ch. 375, sixty-six of the laws of nineteen hundred and one, and amended re-enacted by chapter nine hundred and two of the laws of nineteen hundred ch. 466, and and eleven, chapter four hundred and fifty-nine of the laws of L. 1911.

by L. 1901,

amended by

ch. 902,

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