bonds shall be sold to the highest bidder, but the city shall reserve the right to reject any and all bids.

TITLE XV.

Letting of contracts.

Section 1. Letting of contracts.-Whenever the common council or any board shall require any work to be done, or materials or supplies to be furnished, the nature of which will admit of competition on the part of those who might do or furnish the same, the same shall be done or furnished, as the case may be, by contract, if an expenditure of more than two hundred dollars shall be involved. Such contract shall be awarded to the bidder, whose bid shall be deemed by the common council or board having the matter in charge, most advantageous to the city. He shall give a bond to the city, accompanying his bid, with one or more sureties, to be approved by said common council or board for the faithful performance of his contract or bid. The said common council or board shall have the right to reject any and all bids. Specifications of the work to be done or the materials to be furnished shall be prepared by or under the direction of the said common council, or board, and filed with the city clerk. A notice shall thereupon be published at least once a week for two successive weeks in the official newspaper, stating that the specifications may be examined at the office of the city clerk, and that on a day to be named in such notice and after the expiration of the time of publication the bids will be opened. Said bids shall each be sealed and deposited with the city clerk, who shall unseal and open them at such meeting in the presence of the common council, or board having the matter in charge. This section shall not apply to the board of education.

TITLE XVI.

Audit of claims against the city.

Section 1. Manner of presentation.

2. Aldermen not to be interested in claims.

3. Verification of claims.

4. Veto power of mayor.

5. Negligence, actions and claims.

Section 1. Manner of presentation.-All claims against the city, except the audits of the board of education, shall be acted upon by the common council at least as often as once each month upon days to be designated for the purpose by the common council. All claims must be presented in writing, setting forth the items of the claim, and approved by the board or officer authorizing the same, and each bill must be read before the common council. They shall be numbered and filed with the clerk, and a brief entry of the name of the claimant, number, nature and amount of the claim made by the clerk, in a book kept by him for the purpose, prepared with the appropriate letters and columns, so that the entry shall serve as an alphabetical index to the claim. The book shall be provided with a column in which shall be entered after the claim the date when it is audited, and the amounts audited and paid, without unreasonable delay. Each claim and demand for services rendered or materials furnished to the city must be presented to the city clerk within sixty days after the rendition of the last services or the last delivery of materials charged for therein; the common council shall not audit, allow or cause to be paid any claim or demand for services or materials not presented in conformity to this provision, except by a two-thirds vote of all members elected. All claims and demands against the city presented to the city clerk for audit and allowance by the common council, must be so presented at least five days before the day in that month designated by the common council for acting upon claims and demands. The city clerk shall cause all the claims and demands so presented to him in each month to be published by stating the name of the claimant, amount and nature of the claim once in the official newspaper at least two days before the day designated by the common council in that month for action upon claims and demands, and the common council shall not in such month act upon, consider, allow or order to be paid any claim or demand not so presented and published.

§ 2. Aldermen not to be interested in claims.-No member of the common council shall be concerned or interested in any way, directly or indirectly, in the purchase or procuring or receiving the assignment to himself or any other person or persons of any claim, demand or allowance against the city of Tonawanda. The city treasurer shall not pay in whole or in part any such claim,

demand or allowance presented to him by or on behalf of any member of the common council. Any person violating any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall also forfeit his office.

§ 3. Verification of claims.-The common council shall not audit or pay any account for services rendered, or materials furnished or disbursements made, unless such account be made out in items and accompanied with an affidavit attached thereto, made by the person or one of the persons claiming the same, that the items of such account are correct, that the services, disbursements and materials charged therein have been made and rendered, that no part thereof has been paid or satisfied, and that no commissioner of public charities, alderman or member of any board is interested, directly or indirectly therein.

§ 4. Veto power of mayor.-In case the mayor shall veto any audit or item of an audit made by the common council under the power conferred upon him by this act the city clerk shall forthwith upon receiving a statement of the mayor's objections thereto in writing, notify the city treasurer, and the city treasurer shall not pay such audit or item thereof unless upon reconsideration thereof by the common council two-thirds of the aldermen elected shall agree to pass the same.

§ 5. Negligence, actions and claims.-All claims for injury to person or property alleged to have been caused or sustained by reason of any defects in, want of repair, or obstruction of any of the highways, streets, alleys, sidewalks or crosswalks or public places of the city, shall be presented in writing to the *injury. Such statement in writing shall state the time, place, common council within sixty days after the date of such alleged* cause, nature and extent of the alleged injuries as far as prac ticable, and shall be verified by an affidavit of the claimant or his agent or attorney to the effect that the same is true to his knowledge or his best information and belief. The omission to present any such claim in the manner and within the time in this section provided shall be a bar to any action against said city therefor. No action shall be commenced against said city on any duly presented claim until after the expiration of three months from the presentation thereof; nor shall any such claim be maintained against said city which

So in original.

shall not have been commenced within one year after the cause of action accrued. And the city of Tonawanda shall not be liable for any damages or injury sustained in consequence of defects in, want of repair, or obstruction of any of the highways, streets, alleys, sidewalks, crosswalks or public places of the city unless notice in writing shall have been served upon the mayor or city clerk within ten days after the happening of the casualty from which such damage or injury may have resulted, and such notice shall particularly state such defect, want of repair or obstruction and the location thereof; nor shall the city of Tonawanda be liable for any damage or injury sustained in consequence of defects in, want of repair or obstruction of any of the highways, streets, alleys, sidewalks, crosswalks or public places in the city unless actual notice of the defects in, want of repair or obstruction of the said highways, streets, alleys, sidewalks, crosswalks or public places shall have been given to the mayor, board of public works, superintendent of public works, or any regular policeman at least forty-eight hours previous to such damage or injury. All claims. for damages made as above may be adjusted and settled by the council by a two-thirds vote of the whole number of aldermen authorized to be elected subject to the veto of the mayor.

TITLE XVII.

Appropriations, salaries and expenditures.

Section 1. Amount of appropriations.

2. Boards to submit annual statements.

3. Salaries payable monthly.

Section 1. Amount of appropriations.-The common council is hereby authorized and directed to raise by tax upon the property in the city annually as follows:

1. For the principal and interest of the bonded municipal debt, and for the amount of the other indebtedness of the city lawfully contracted, the sum falling due within the ensuing year.

2. For the uses and purposes of the board of education such an amount as shall be certified by them to be required as provided by this act.

3. For the uses and purposes of the board of public works, a sum not to exceed one-half of one per centum of the total valua

tion of the property assessed upon the annual assessment roll of the city of the last preceding year.

4. For the uses and purposes of the police commission, a sum not exceeding five thousand dollars.

5. For the uses and purposes of the commissioner of public charities, a sum not exceeding two thousand dollars.

6. For the uses and purposes of the board of fire commissioners, a sum not exceeding forty-five hundred dollars.

7. For the salary of the city treasurer, fifteen hundred dollars; for the salary of the city judge, one thousand dollars; for the salary of the city clerk one thousand dollars; for the salary of each assessor, four hundred dollars; for the salary of the superintendent of public works, nine hundred dollars; for the salary of the commissioner of public charities, three hundred dollars; for the salary of city attorney one thousand dollars; for the salary of the health officer and city physician five hundred dollars. 8. For lighting the public buildings of the city, providing necessary apparatus and means for the prevention and extinguishment of fires, defraying the contingent expenses of the city, the expenses of the public improvements proper to be done by the city, and all other miscellaneous expenses of the city, its officers, boards or commissioners, a sum not exceeding five thou sand dollars; for lighting the streets, alleys and public places of the city, a sum not exceeding twelve thousand dollars.

§ 9. The common council shall also have power to raise by tax, as aforesaid, the amount of all judgments recovered against the city and remaining unpaid.

§ 2. Boards to submit annual statements. Each board entitled to an appropriation, as in this title provided, shall annually, on the last business day of the fiscal year deliver to the city clerk a statement in writing of the sum which it will require for its uses and purposes during the ensuing fiscal year, not exceeding the sum herein provided for. Such statement shall show any unexpended balance remaining to the credit of the board in the city treasury, and be signed by the presidents of such boards respectively. The city clerk shall deliver all such statements to the common council at its next meeting. The common council shall thereupon cause to be included in the next annual tax levy the sum so stated or such sum as the common council shall in its judgment deem necessary for each board for its uses and pur