sent to the Governor, requesting the return to the Assembly of Assembly bill No. 1663, entitled "An act to enable the commissioners of the police department of the city of New York to rehear and determine the charges against Michael McGrath, a policeman of the first grade, for reinstatement, in said department" (Rec. No. 419), for the purpose of amendment. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. Also, the following: Resolved (if the Senate concur), that a respectful message be sent to the Governor, requesting the return to the Assembly of Assembly bill No. 1479, entitled "An act to amend the Labor Law, in relation to the protection of persons employed on buildings in cities" (Rec. No. 453), for the purpose of amendment. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. Ordered, That the Clerk return said resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. The Assembly returned the bill (No. 1058) entitled "An act to amend section 1373 of chapter 378 of the Laws of 1897, entitled 'An act to unite into one municipality under the corporate name of The City of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof,' relating to the clerks and assistant clerks of municipal court of said city" (Int. No. 258), with a message that they have concurred in the passage of the same. Ordered, That the Clerk transmit said bill to the mayor of the city of New York for a hearing pursuant to the provisions of the Constitution. The bill (No. 858) entitled "An act to amend section 478 of chapter 105 of the Laws of 1891, entitled 'An act to revise the charter of the city of Buffalo' with reference to bonds given for the performance of contracts" (Int. No. 745), was returned by the mayor of the city of Buffalo with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor and local legislative body had duly accepted the same. Ordered, That the Clerk deliver said bill to the Governor. The bill (No. 981) entitled "An act to amend chapter 105 of the Laws of the year 1891, entitled 'An act to revise the charter of the city of Buffalo,' in relation to justices of the peace" (Int. No. 816), was returned by the mayor of the city of Buffalo with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor and local legislative body had duly accepted the same. Ordered, That the Clerk deliver said bill to the Governor. The Assembly sent for concurrence the bill (No. 964) entitled “An act to amend the Greater New York charter by excluding certain territory therefrom, and annexing it to the town of Hempstead, in the county of Nassau" (Rec. No. 139), with a message that said bill was duly passed by the Assembly February 28, 1899, and was transmitted to the Senate. Said bill was duly returned by the Senate, March 22, 1899, with the message that they had duly concurred in the passage of the same. Said bill was duly transmitted to the mayor of New York, March 22, 1899, as provided by law for a public hearing in said city, and was returned by said mayor April 6, 1899, with a message that said mayor, after a public hearing thereon, does not approve of said bill and does not accept the same. Said bill was thereafter, on April 18, 1899, duly passed by the Assembly, the Speaker stating the question to be, "Shall this bill become a law, notwithstanding the objection of the mayor of the city of New York thereto?” and it was determined in the affirmative, a majority of all the members elected to the Assembly voting in favor thereof, and three-fifths being present, said bill having been printed and upon the desks of the members in its final form at least three calendar legislative days prior to its final passage. [SENATE JOURNAL.] 196 Mr. Grady moved that said bill and accompanying message be laid upon the table. The President put the question whether the Senate would agree to said motion, and it was decided in the negative. FOR THE AFFIRMATIVE. Armstrong Brown Chahoon Coffey Davis D F Davis G A Ellsworth Elsberg Feeter FOR THE NEGATIVE. Goodsell Higgins Humphrey Krum Armstrong Davis D F Brackett Davis G A Brown Ellsworth Chahoon Elsberg Feeter Coffey Havens La Roche Mackey 1 Ahearn Featherson Cullen Foley Donnelly Grady Graney Goodsell McCarren Mitchell Munzinger Rice Norton Malby Marshall Parsons Raines Sherwood 27 The President then stated the question to be "Shall this bill become a law, notwithstanding the objection of the mayor of the city of New York thereto?" the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows: FOR THE AFFIRMATIVE. Malby Marshall Humphrey Parsons Johnson Raines Krum FOR THE NEGATIVE. Plunkitt Havens McCarren Martin Wagner Stranahan Thornton White Wilcox Willis 20 Stranahan White Willis 27 Plunkitt Ramsperger 20 Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate had concurred in the passage of the same The Assembly sent for concurrence the bill (No. 157, Senate reprint No. 1153,) entitled "An act in relation to an assessment "" for the grading, construction and improvement of Surf avenue in The City of New York, late town of Gravesend, Kings county' (Rec. No. 194), with a message that said bill was duly passed by the Assembly March 7, 1899, and was transmitted to the Senate. Said bill was duly returned by the Senate March 30, 1899, with a message that they had duly concurred in the passage of the same with amendments. Said amendments were duly concurred in by the Assembly and said bill was duly transmitted to the mayor of New York, March 30, 1899, as provided by law for a public hearing in said city, and said city, and was returned by said inayor, April 14, 1899, with a message that said mayor after a public hearing thereon, does not approve of said bill and does not accept the same. Said bill was thereafter, on April 18, 1899, duly passed by the Assembly, the Speaker stating the question to be, "Shall this bill become a law, notwithstanding the objection of the mayor of the city of New York thereto? and it was determined in the affirmative, a majority of all the members elected to the Assembly voting in favor thereof, and three-fifths being present. Said bill having been printed and upon the desks of the members in its final form at least three calendar legislative days prior to its final passage. Mr. Grady moved said bill and accompanying message be referred to the committee on affairs of cities. Ahearn Chahoon Cullen Donnelly The President put the question whether the Senate would agree to said motion, and it was decided in the negative. FOR THE AFFIRMATIVE. Featherson Foley Grady Havens La Roche Mackey FOR THE NEGATIVE. Higgins Humphrey Krum Martin Munzinger Armstrong Davis G A Brackett Ellsworth Elsberg Coffey Davis D F Goodsell Said bill was laid upon the table. Marshall Parsons Sherwood Stranahan Ramsperger Thornton White Wilcox Willis 20 The Assembly returned the bill. (No. 948, Assembly reprint No. 2305,) entitled "An act to amend chapter 747 of the Laws of 1896, entitled 'An act to revise and consolidate the several acts in relation to the city of Kingston, to revise the charter of said city, and to establish a city court therein and define its jurisdiction and powers" (Int. No. 794), with a message that they have passed the following substitute bill therefor: AN ACT to amend chapter seven hundred and forty-seven of the laws of eighteen hundred and ninety-six, entitled "An act to revise and consolidate the several acts in relation to the city of Kingston, to revise the charter of said city, and to establish a city court therein and define its jurisdiction and powers," in relation to local improvements. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one hundred and fifty-one of chapter seven hundred and forty-seven of the laws of eighteen hundred and ninety-six is amended to read as follows: § 151. All improvements to be paid for by special assessment shall be by contract let to the lowest responsible bidder and shall be paid for only from the funds raised, levied and collected for such improvements subject to the provisions of this section. The common council, however, after the damages, costs and expenses in condemnation proceedings taken pursuant to section one hundred and forty-four of this act have been fixed by the order of confirmation in such proceedings, and monthly during the continuance of work under a contract for any local improvement, made pursuant to section one hundred and forty-seven of this act, the contractor for which shall have furnished a satisfactory bond, approved by the mayor for its completion, shall direct the mayor and city treasurer to execute under the seal of the city the bonds or promissory notes of the city for such sums as will pay the amount of the damages, costs and expenses in such condemnation proceedings as fixed by such order of confirmation or seventy-five per centum of the amount of the monthly estimates of work performed by such contractor during the preceding month, to be determined as herein after prescribed; and on the completion of such work for the balance due on the contract. Such bonds or notes shall bear interest at a rate not exceeding four per centum per annum, payable annually. The principal thereof shall be made payable at a time to be fixed by the common council, not to exceed five years and six months from the date of issue where the total amount to be paid under the order of confirmation or |
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