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Chap. 242.

AN ACT to amend, consolidate and revise the several acts relative to the city of Amsterdam.

Became a law June 6, 1911, 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:

TITLE I.

INCORPORATION; CITY AND WARD BOUNDARIES; DEFINITIONS. Section 1. Short title. This act is a public act and shall be known and cited by the short title of "Amsterdam City Charter." § 2. Corporate powers. The citizens of the state of New York, from time to time inhabitants of the territory comprised within the boundaries of the city of Amsterdam, as hereinafter defined. and set forth, shall be and continue to be a municipal corporation in perpetuity, under the corporate name of the "City of Amsterdam" and the same shall in that name be a body politic and corporate in fact and in law, with power of perpetual succession. The city shall have power:

1. To take, purchase, hold, lease, sell and convey such real and personal property as the purposes of the corporation may require.

2. To take by gift, grant, bequest and devise and hold real and personal estate absolutely or in trust for any public use including that of education, art, ornament, health, charity or amusement, for parks or gardens, or for the use or erection of statues, monuments, buildings or structures, upon such terms or conditions as may be prescribed by the grantor or donor and accepted by said corporation and to provide for the proper administration of the same.

3. To make, have and use, and from time to time alter, a common seal.

4. To contract and be contracted with, to sue and be sued, to complain and defend and to institute, prosecute, maintain and defend any action or proceeding in any court.

5. To have and exercise all of the rights, privileges and jurisdiction essential to a proper exercise of its corporate functions,

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including all that may be necessarily incident to, or may be fairly implied from, the powers specifically conferred upon such cor poration.

6. To have and exercise all the rights, privileges, functions and powers now prescribed and exercised by it under existing or subsequent laws and not inconsistent with the provisions of this act.

§ 3. Boundaries of city. All that part of the county of Montgomery bounded and described as follows, shall be included in and constitute the city of Amsterdam. Beginning at a point in the center of the Mohawk river on an island formerly owned by James H. Bronson, now owned by Mistress Catherine C. Robb, running thence north twenty-two degrees twenty-seven minutes east to an iron stake in the center of the tracks of the New York Central and Hudson River railroad, said iron stake being in line with the division line between the lands of William Ashley on the east and the lands formerly of A. V. Morris on the west, thence north twenty-two degrees twenty-seven minutes east to and along said division line seven hundred and sixty-two feet, thence north eighty-five degrees nineteen minutes east seven thousand two hundred and fifty-five feet to a black ash tree standing in the southerly margin of the highway east of the farm house of Charles E. Collins, thence south sixty-three degrees ten minutes east four thousand one hundred feet to a marble monument in the angle of the fence along the westerly boundary of the waterworks property, said monument being near the north end of the distribution reservoir, thence north twelve degrees eleven minutes east one thousand one hundred and thirty-seven feet along said westerly boundary to a marble monument at the northwest corner of the waterworks property containing the diverting dam; thence north seven degrees forty-nine minutes east one thousand six hundred and twelve feet to a point in line with the north line of the lands of Samuel Wallin; thence north eightyfour degrees twenty-one minutes east nine hundred and twenty feet to and along the said northerly line to the west line of Locust avenue; thence south sixty-five degrees forty-five minutes east one thousand six hundred feet; thence southeasterly to a point in the westerly line of Clizbe avenue where the said avenue turns to the south; thence southerly along the westerly line of Clizbe avenue to a point in line with the westerly margin of a highway leading from the farm house now or formerly of Daniel De Graff to the Mohawk river turnpike and in line with the southerly margin of a highway leading from Amsterdam to Manny's Cor

ners, and being three and one-half feet northerly from a post standing at the northeast corner of Daniel De Graff's dooryard; thence along the westerly margin of the highway leading from Daniel De Graff's to the Mohawk river turnpike south seven degrees thirty-two minutes east two thousand six hundred and twenty-eight feet; thence south forty-one degrees west four thousand two hundred and fifty-two feet to an iron stake driven in the south margin of the Mohawk river turnpike where the same is intersected by the division line between the lands of the Ross estate and the plot known as the Van Bergen park; thence south forty-one degrees west one thousand and three feet to an iron stake in the center of the tracks of the New York Central and Hudson River railroad; thence south forty-one degrees west to the center of the Mohawk river; thence westerly along the center of the Mohawk river to a point in line with the division line between the lands formerly of A. V. Morris on the east and the lands formerly owned by Walter M. Major on the west; thence south forty-eight degrees west in line with said division line, to a point in the center of the tracks of the West Shore railroad; thence south forty-eight degrees west to and along the division line last mentioned four thousand and forty-eight feet to the southeast corner of the lands of George Van Derveer; thence north fifty-five degrees twenty-eight minutes west two thousand one hundred and thirteen feet to the east side of Minaville street, where it is intersected by the line between the lands of George Van Derveer and C. H. Young; thence north forty-six degrees thirty-three minutes west five thousand three hundred and twentythree feet to the east side of the highway leading to Snook's Corners; thence north eight degrees thirty-five minutes east five thousand two hundred feet to a point in the center of the tracks of the West Shore railroad; thence north eight degrees thirty. five minutes east to the center of the Mohawk river; thence westerly along the center of the Mohawk river to the place of beginning. All territory heretofore incorporated in the fifth ward of the city of Amsterdam and omitted in the boundaries of said city as provided by this act, shall revert to and become a part of the town of Florida of Montgomery county.

4. Division into wards; ward boundaries. Said city shall be divided into eight wards, bounded respectively as follows:

First ward. All that part of said city lying north of the Mohawk river, east of the sixth ward and west of the line running

northerly from the Mohawk river through the center of Wall street to Academy street; thence through the center of Academy street to Chestnut street; thence through the center of Chestnut street to Romeyn avenue; thence east through the center of Romeyn ave nue to Market street; thence through the center of Market street to Van Dyke avenue, and the easterly line of the sixth ward, shall be known as ward number one.

Second ward. All that part of said city lying north of the Mohawk river, east of ward number one and west of a line running northerly through the center of Chuctanunda creek to Prospect street; thence westerly through the center of Prospect street to Market street; thence northerly through the center of Market street to the intersection of Market street and Romeyn avenue, shall be known as ward number two.

Third ward. All that part of said city lying north of the Mohawk river, easterly of ward number two, and southerly of ward number seven and westerly of a line commencing in the center of Chuctanunda creek at a point opposite the center of Reid street, and running thence southerly through the center of Reid street, the center of the roadway connecting Reid street and Pulling street, the center of Pulling street and Schuyler street, to the center of the Mohawk river, shall be known as ward number three.

Fourth ward. All that part of said city lying north of the Mohawk river, easterly of ward number three and ward number seven, and southerly of the south line of the Rockton Realty Company property and southerly of that portion of Clizbe avenue lying easterly of the Rockton Realty Company's property, shall be known as ward number four.

Fifth ward. All that part of said city lying southerly of the center of the Mohawk river, shall be known as ward number five.

Sixth ward. All that part of said city lying westerly of a line commencing in the center of the Mohawk river at a point opposite the center of Guy street, and running thence northerly through the center of Guy street to Spring street; thence easterly through the center of Spring street to McDonnell street; thence northerly through the center of McDonnell street to Union street; thence easterly through the center of Union street to Glen avenue; thence northerly through the center of Glen avenue to Van Dyke avenue; thence easterly through the center of Van Dyke avenue to Market street; thence northerly through the center of Market street to the city line, shall be known as ward number six.

Seventh ward. All that part of said city lying easterly of the

center of Market street, and northerly of the center of Prospect street, and northerly and westerly of the center of Chuctanunda creek, and southerly of the line extended, running through the center of Brookside avenue as it is continued to meet Locust avenue, and westerly of the line continued southerly to meet the above center line of the west side of the city property containing the diverting dam of the city of Amsterdam, shall be known as ward number seven.

Eighth ward. All that portion of the city of Amsterdam lying northerly of ward number four, and northerly and easterly of ward number seven, shall be known as ward number eight.

$5. Official and fiscal year. The official and fiscal year of the city shall, except as otherwise provided in this act, commence with the first day of January in each year.

§ 6. Definitions. The term streets, as used in this act, includes highways, avenues, lanes and alleys. The term resolution, as used in this act, includes all motions, orders, rules, regulations and bylaws, except ordinances.

TITLE II.

CITY OFFICERS ELIGIBILITY, ELECTION, APPOINTMENT, QUALIFICATIONS, COMPENSATION, TERMS AND VACANCIES.

$ 7. Eligibility of city officers; vacancy created by change of residence. No person shall be elected or appointed to any city office, except to the office of city engineer, unless, at the time of his election or appointment, he be a citizen of the United States and a resident of said city; nor to any ward office, unless, at the time of his election or appointment, he be a citizen of the United States and a resident of the ward for which he is elected or appointed; and whenever any officer of said city shall cease to be a resident of said city or of the ward for which he was elected or appointed, his office shall thereupon become vacant. No person shall, at the same time, hold more than one office under the city government, except as otherwise provided in this act and also except that a commissioner of deeds may hold any other city office. The assessors of said city shall be freeholders and their names must have appeared as such on the last city tax roll next preceding their election. No two assessors shall reside in the same ward. The corporation counsel of said city shall be an attorney and counselor-at-law, duly admitted to practice in the supreme court of the state of New York. The city engineer, at the time of his appoint

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