water de

partment.

bonds issued on account of the works and cancel the same if the same can be obtained on satisfactory terms.

Moneys for § 59. The amount raised to defray the expenses of the water department and of maintaining, repairing and constructing works, shall be passed by the city treasurer to the credit of the general city fund.

Power to

acquire

lands,

equip

ment, etc.

Power to regulate use, price, etc., of water and electricity.

Disposition of moneys

from rates.

Collection

of amounts

§ 60. For any of the purposes within the scope of this title, the council shall have power to acquire for and in the name of the city by agreement any lands, buildings, easements, privileges, rights and estates, fixtures, poles, wires, equipment or other personal property necessary for the construction, repair, extension and maintenance of any or all parts of said purposes or of the works in connection therewith; and may also enter into and upon any lands for the purpose of making the necessary surveys. In case the council cannot agree with the owner or owners of said real estate or interests therein, upon the price to be paid therefor, it may proceed in the name of the city to acquire or perfect title thereto in the manner provided by the condemnation law.

§ 61. The council shall have the power to regulate the use of the water and electricity supplied ard to grant permits therefor, to fix and to change from time to time the price to consumers for the use thereof, the terms and time of payment and the penalties for nonpayment; to change from time to time the manner of supply to consumers of water and electricity; to provide for the protection and preservation of the waterworks, reservoirs, dams, pipes, buildings, structures, water power, powerhouses, machinery, lines, generators, conductors and the appurtenances thereof, by the adoption of regulations and rules which may be enforced by ordinance; and in addition thereto the observation of such rules and regulations with respect to the use of water and electricity where no ordinance may have been enacted in relation thereto. The council may also cause said regulations, in case of the violation thereof, to be enforced by cutting off the use and supply of the water and electricity.

§ 62. The amount received from the collection of the rates and bills for the use of water and electricity as above provided, shall be passed by the city treasurer to the credit of the general city fund.

§ 63. The city treasurer shall collect the amounts due for the use due for of water and electricity within the time fixed by the city manager, together with any penalties due for deferred payments and on the electricity. first day of October in each year it shall be his duty to prepare

water and

and file with the city clerk a list containing the names of all persons, companies or corporations, whose water and electric bills so remain unpaid at that time and the city manager may thereupon cause the supply of water and electricity to be shut off from all places, the rates for which have not been paid on the first day of November in each year. On or before the first day of January of each year, the city treasurer shall prepare and file a list containing of unpaid the names of all persons, companies and corporations whose bills for the use of water and electricity shall remain unpaid at that

Assessment and collection

rates.

time, together with the amount due from each and the designation of the property upon which the water or electricity may have been used; and the assessors shall enter in the assessment rolls the several amounts due and unpaid opposite the names of the persons, companies or corporations to whom or to which the property for which the unpaid bills for water or electricity is assessed, and the city treasurer shall collect such unpaid rates at the same time and in the same manner and with the same fees, as city taxes are provided to be collected herein and such unpaid bills shall be and remain a lien on such real estate from the time of the filing of such list with the assessor. The provisions hereof shall not be Actions construed so as to prevent the collection of amounts due and un- tion. paid on account of the use of water or electricity, and actions for the collection of such unpaid bills may be brought in the name of the city either within or without the city, to enforce provisions of this title.

for collec

lands and

water

of entry.

§ 64. For the purpose of supplying the city with pure and whole- Right to some water, the council is authorized to purchase, take and hold acquire any real estate and to enter upon the land of any person, persons water for or corporation which may be deemed necessary therefor and may supply: take water from springs, ponds, fountains and streams and divert right and convey the same to the city by such pipes, conduits or other works or machinery as may be necessary or proper and to that end the council shall have power to enter upon any lands, streets, highways or public places through which it may deem it proper to convey the water by the use of said means. For said purpose the council may direct the entry upon the lands of any person, persons or corporation for the purpose of making a survey and map and of preparing descriptions of the lands, streams or water and the title and interest therein, which it is intended to acquire for the purposes of such improvement.

tion of

condemna

§ 65. Whenever the city of Watertown by and through the Acquist council is unable to acquire by agreement any lands, streams, lands and water or other property or right, title or interest, if any, less than water ba a fee in the land or the right to use and divert any water or tion. streams required or deemed necessary for the purposes contemplated by this title, it shall have power upon the adoption of a resolution of the council to acquire the same by condemnation and shall take and hold said lands, waters or other real estate for the purposes contemplated by this title in the name of and for the benefit of the city.

TITLE VIII.

DEPARTMENT OF PUBLIC SAFETY.

partment

depart

§ 66. There shall be a police department and a fire department. Police deThe city manager shall, subject to the approval of the council, and fire designate the number of persons with their rank and salaries, to ment: be appointed to service in each said department. All appointed appointees. to service in the police department shall be known as policemen and all appointed to service in the fire department as firemen. The persons now serving as policemen and as firemen in the city

Manage

ment and discipline

Dartments.

of Watertown, shall continue to serve as such without reappointment. The city manager may designate and appoint as many special policemen with or without pay as he may deem necessary; they shall possess the same powers as policemen.

§ 67. Subject to the approval of the council the city manager shall make such rules and regulations for the management, conof such de- duct and discipline of each department as he deems advisable or necessary and he shall have the power to enforce the same. He shall also have the power to remove or dismiss any member of either department at any time but no order of dismissal from service shall be made except for cause and until an opportunity is given to such member to be heard.

property of

moneys for

fund.

Control of § 68. All the property, real and personal, now owned or which Bredepart may hereafter be acquired by the city of Watertown for the use ment; of the fire department, shall be under the control of the council, pension and all moneys, required by any law of this state to be paid by agents of insurance companies not incorporated under the laws of this state, for the use and benefit of the fire departments of cities, to which the city of Watertown or the fire department thereof may be entitled, shall hereafter be paid to the treasurer of the city of Watertown, who shall deposit the same, except the portion thereof payable to the Firemen's Association of the State of New York under the provisions of the insurance law, as soon as received, to the credit of the firemen's pension fund. Firemen to § 69. The officers, firemen and appointees of the fire department, have right with their apparatus of all kinds, when on duty, shall have the right of way at any fire or on the occasion of any alarm of fire, in any highway, street, public square or avenue, over any and all vehicles of any kind except those carrying United States mail; any person who shall refuse the right of way, or in any way obstruct a fire apparatus, or in any way interfere with, obstruct or resist any of said officers, firemen and appointees in the performance of their duties, shall be guilty of a misdemeanor, and on conviction shall be liable to punishment for the same by fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding sixty days, or both such fine and imprisonment.

of way in

streets.

Oath and bond

man.

§ 70. Each policeman and special policeman shall, before enterof police- ing upon the discharge of his duties, take and subscribe and file in the office of the city clerk, the constitutionai oath of office, and if required so to do execute a bond to be approved by the city manager, conditioned for the faithful performance of his duties and accounting for all moneys received by him in his official capacity.

Powers,

liability

men.

§ 71. The policemen authorized by this act shall have the same and duties power and authority in criminal cases as constables possess by law, of police- and shall have the same power and authority as constables in civil cases and proceedings so far as serving and executing any process or papers in behalf of the city of Watertown is concerned, but not otherwise. Said policemen shall be subject to the same liabilities and perform the same duties as constables except as herein otherwise provided. They shall execute the orders and commitments of

the city judge and of all courts held by him, and convey all persons sentenced by him, to the penitentiary, reformatory or house of refuge, and they shall serve and execute all civil process or proceedings issued and directed by any officer or court in favor of said city or in which said city shall be a party.

expenses

men.

§ 72. No fees or compensation, other than herein provided, shall Fees and be charged or received by any policeman for the arrest, confine- of policement or discharge of any person, or for mileage, or for serving any process or warrant, or for discharging any other duty by this act required to be performed by him. But any reasonable or necessary expense incurred by any policeman, when traveling in the discharge of his duties as such, shall be paid by the city and the city is hereby authorized to charge the county of Jefferson or the city of Watertown as one of the towns thereof, as the case may be, the moneys thus paid, and the same shall be audited and allowed by the board of supervisors of said county or by the city auditor of the city of Watertown, to and for the benefit of the said city of Watertown, and shall be paid to the treasurer of said city and by him passed to the credit of the general city fund.

man not to

§ 73. No policeman shall receive any present or reward for ser- Policevices rendered or to be rendered, unless with the approbation of receive the city manager; any policeman who shall receive any fee or ward in violation of this section shall forfeit his office.

re- present or

reward.

services

chargeable

city or

§ 74. The council is hereby authorized to charge the county of Fees for Jefferson or the city of Watertown as one of the towns thereof, or of policeto any town therein, for services performed by the policemen in men criminal proceedings, such fees as are allowed to constables of to county, towns for like services, and chargeable to said county, city or towns. towns, and the same shall be audited and allowed by the board of supervisors of said county, or the city auditor, to and for the benefit of the city of Watertown, and shall be paid to the city treasurer of said city and be credited by him to the general city fund. In cases arising under the ordinances or police laws or Fees for regulations of the city of Watertown, where judgments shall be policemen rendered in favor of said city, or where said city would be entitled where to judgment, the same fees for the services of such policemen, as in favor constables would be entitled to for like services, shall be included in such judgment and charged for the benefit of the city, and when paid or collected shall be paid to the treasurer thereof within five days after its receipt and credited by him to the general city fund.

services of

judgment

of city.

payable to

$75. All fines collected under and by virtue of the ordinances Fines, of the city of Watertown, and all moneys collected as revenues, etc., when penalties or for the services of the policemen authorized by this treasurer. act, under any such ordinances and in pursuance of any statute, shall be paid to the treasurer of said city within five days after their receipt.

houses, etc.

§ 76. The council of the city of Watertown shall provide such Station station houses, lock-ups and other necessary accommodations as shall be required for the use of the police department.

§ 77. The common jail of Jefferson county, situated in said Jail. city, shall be the city jail; but the rooms in the basement of the up

City lock

com

mitments, city hall designated by the council as a "city lock-up" may be manage- used for keeping and detaining persons charged with criminal

ment, expenses.

Police and firemen's pension

funds continued.

Funds to be kept separate.

Control, contributions,

additions.

offenses, and awaiting examination or charged with being disorderly persons or vagrants, and for the detention of all such persons in all cases except after final sentence, upon conviction, and for all these purposes shall be deemed a city jail; and the council may designate any other place than the basement of the city hall as a city jail for the temporary purposes above mentioned. The city manager may prescribe rules for the proper management and government of such city lock-up, and may appoint a keeper for the same and provide for the necessities of those detained or confined therein. The city court or city judge may commit persons to the city lock-up last aforesaid for detention and examination. The expenses incident to such city lock-up shall be audited and paid by the supervisors of the county of Jefferson, except such as shall be incurred on account of the violation of the provisions of this act or of the city ordinances, which shall be paid by the city; the portion of such expenses paid by the county of Jefferson shall, when paid, be passed to the credit of the general city fund.

TITLE IX.

POLICE AND FIRE DEPARTMENT PENSION FUNDS.

§ 78. The police and firemen's pension funds are hereby continued and re-established and no provision in this act shall be so construed as to affect the rights of any policeman or fireman as they exist or may relate to said respective funds under the provisions of law heretofore enacted and effective at the time this act becomes a law.

§ 79. The police and firemen's pension funds shall be deposited with the city treasurer and shall be, and shall be kept separate and independent from each other and from all other city funds and shall be deposited in separate accounts in one of the banking institutions which may be designated as a depository for city funds. The control of said funds is hereby vested in the council and said council is hereby authorized to provide by ordinance for contributions and additions to each or either thereof and for the management and control and delegation of control thereof to trustees, directors or city officials. It may also adopt, amend, alter and change rules and regulations and from time to time prescribe and establish new rules and regulations for the administration of each said fund. Except in so far as any of its proof former visions providing for the granting of pensions and the payment thereof from said funds, the designation of dependents entitled to pensions or allowances therefrom and the amounts thereof, the manner of paying the same and the retirement and discharge of any officer or member of either the police or fire department may have been superseded by the "optional city government law" the provisions in the city charter in effect at the time this act becomes applicable to the city shall continue and remain in full force and effect until and unless superseded by the passing

Provisions

charter continued.