plumbing of any of the public buildings or any of the fire or water works apparatus shall become disabled, the commissioner having jurisdiction thereof may cause repairs thereto to be made without a letting by contract, upon filing with the city clerk a certificate, approved by the mayor, showing such emergency and the necessity for such repairs. The provisions of this act or of law requiring advertisements for bids or proposals or the awarding of contracts for supplies to be furnished for any of said departments, shall not be applicable to the supplies which may be furnished under the provisions of the prison law.

§ 2. Section twenty-two of title three of chapter two hundred and forty-two of the laws of nineteen hundred and eleven entitled "An act to amend, consolidate and revise the several acts relative to the city of Amsterdam," as amended by chapter sixty-one of the laws of nineteen hundred and twenty-one, is hereby superseded. § 3. This local law shall take effect April tenth, nineteen hundred and twenty-six.

LOCAL LAW No. 2

A local law in relation to enumeration of funds

Became a law February 5, 1926, with the approval of the Mayor. Passed by the local legislative body of the city of Amsterdam.

Be it enacted by the common council of the city of Amsterdam as follows: Section 1. The amount of money raised, received, and appropriated for the various purposes of the city government shall be divided into funds in the following manner, namely: the water fund, sewer fund, street fund, fire fund, police fund, poor fund, board of education fund, health fund, salary fund, lighting fund, printing and publishing fund, election fund, civil service fund, plumbing fund, library fund, ash, refuse and garbage fund, park, fund, and a general fund. The moneys appropriated for any fund shall be set aside and devoted to the uses and purposes of that fund and no other, and no warrant shall be drawn for the payment of any claim against or obligation of the city unless it state particularly against which of said funds it is drawn. No fund shall be overdrawn nor shall any warrant be drawn against one fund to pay a claim chargeable to another. Whenever it shall appear to the common council that the moneys actually set apart for any given fund shall not equal in amount the appropriation for that fund, then and in that case the common council shall transfer from the general fund to such fund such an amount as will give to such fund the total amount appropriated therefor, provided that there shall be sufficient money in the general fund for that purpose. The common council may, however, transfer any surplus money from the general fund to the poor fund in case the moneys appropriated for the poor fund shall have been expended. Where a salary or other

expenditure is made for the benefit of two or more funds it shall be divided and charged to such funds in proportion to the benefit received by such funds; and in auditing all claims the common council shall particularly specify the fund or funds and in what proportions to which the amount so audited shall be charged. Any claim or judgment against the city not properly chargeable against any specified fund shall be chargeable to and paid out of the general fund. All moneys belonging to and received by said city outside of the annual city tax levy shall, unless otherwise provided for, be paid to the treasurer and deposited to the credit of the general fund.

§ 2. Section one hundred and eleven of title nine of chapter two hundred and forty-two of the laws of nineteen hundred and eleven entitled "An act to amend, consolidate and revise the several acts relative to the city of Amsterdam," as amended by chapter sixtyone of the laws of nineteen hundred and twenty-one, is hereby superseded.

3. This local law shall take effect immediately.

CITY OF AUBURN

LOCAL LAW No. 1

A local law amending and superseding section eighty-nine of the charter of the city of Auburn, being chapter four hundred and thirty-eight of the Laws of 1920, as amended, in relation to opening, widening, and extending streets, and the payment and assessment of the cost thereof.

Became a law December 4, 1926, no petition protesting. Passed by the local legislative body of the city of Auburn.

Be it enacted by the common council of the city Auburn as follows:

Section 1. Section eighty-nine of chapter four hundred and thirty-eight of the laws of nineteen hundred and twenty, entitled "An act to revise the charter of the city of Auburn and to consolidate the local laws relating thereto," is hereby superseded, and enacted as local law, amended to read as follows:

§ 89. The council shall have the power to open, extend, widen and straighten streets, highways and public lanes and to acquire necessary lands and rights therefor, and to fix and determine what percentage of the total cost thereof shall be a general city charge, and what percentage shall be assessed as a local improvement upon real property benefited by such improvement. When it is proposed to make such improvement, the council shall direct the preparation of plans therefor. After the completion of such plans, if the cost of such improvement, as determined, is to be paid in whole or in part by local improvement assessment upon real property, it shall order a hearing thereon. After such hearing, it may determine to make such improvement, and provide for the acquisition of necessary lands and rights and for the performance of any necessary work in conection therewith, and shall fix and determine the percentage of cost to be paid as a general city charge and the percentage to be paid by assessment as for a local improvement upon real property according to the benefits received. Upon the completion of such improvement, it shall determine the cost, and direct the issue of bonds to defray the same. Such bonds shall be of such duration and rate of interest as the council directs. After the issue and sale of such bonds, it shall determine the entire cost including all interest and direct the assessors to assess the percentage of such cost to be paid by assessment as for a local improvement upon the real property benefited by such improvement as near as may be in proportion to the benefits received, and shall make suitable provisions in the annual tax budgets for the payment of that part of such cost as a general city charge.

§ 2. This local law shall take effect sixty days after its adoption by the council, provided no petition for its submission to the qualified voters of the city is filed, as provided by section sixteen of chapter three hundred and sixty-three of the laws of nineteen

hundred and twenty-four, as amended. If such petition is filed, it shall not take effect until approved by such qualified voters as in said section provided.

LOCAL LAW No. 2

A local law creating Amasa J. Parker and six others a commission to draft a new charter for the city of Auburn.

Became a law November 2, 1926, with the approval of a majority of the qualified voters of the city of Auburn.

We, the qualified electors of the city of Auburn, Cayuga county, New York, do enact a local law that the seven following named persons, viz.: Amasa J. Parker, Charles A. Dayton, Frank J. Schell, Albert H. Nichols, Jacob V. Lucas, James J. Flanagan and Frank H. Steigerwald be and hereby are created a commission to draft a new city charter for the city of Auburn, Cayuga county, New York.

CITY OF BATAVIA

LOCAL LAW No. 1

A local law in relation to public hearings before the common council on local laws.

Became a law July 21, 1926, with the approval of the Council. Passed by the local legislative body of the city of Batavia.

Be it enacted by the common council of the city of Batavia as follows:

Section 1. When a proposed local law shall be in its final form, the common council shall fix a day for a public hearing before it concerning such law. The clerk shall cause public notice of the time of such hearing to be published in the official paper for two successive days. Such hearing shall be had not earlier than five days after the day of last publication. Such notice shall contain the title of such local law, and an explanatory statement thereof prepared by the clerk.

§ 2. This local law shall take effect immediately.

LOCAL LAW No. 2

A local law in relation to providing for and regulating the collection of swill, garbage, refuse, and ashes.

Became a law July 21, 1926, with the approval of the Council. Passed by the local legislative body of the city of Batavia.

Be it enacted by the common council of the city of Batavia as follows:

Section 1. The common council of the city of Batavia shall have power particularly to enact ordinances to prevent rubbish, carcasses of animals, or any nauseous or improper substances from being deposited on the shores or banks of streams or within the said city; to prescribe a place for dumping and depositing refuse matter; to provide and regulate the collection of swill, garbage, or refuse; to provide for the removal from the buildings in said city and for the collection and disposition of swill, garbage and ashes, and for the removal and disposition of swill and garbage alone, or ashes alone, either directly through the employees of said city or by contracting with other persons; to determine what are nuisances, and to require their abatement.

§ 2. Subdivision eleven of section fifty-one of title four of chapter six hundred and seventy-eight of the laws of nineteen hundred and twenty-one entitled "An act to amend the charter of the city of Batavia" is hereby superseded.

§ 3. This local law shall take effect immediately.