State Codes and Statutes

Statutes > New-york > Scc > Article-8 > 122

§ 122. Contracts   for  lighting.  All  municipal  lighting  shall  be  supplied pursuant to contract therefor, awarded by the board of contract  and supply as herein provided. Such contract shall cover and include the  lighting and supplying of the lamps and the oil, gas, electric  current,  the  cleaning,  repair  and  renewal  of the lamps and all the materials  required in the use and care thereof. No bid or proposal  for  any  such  contract  shall  be  received, nor contract awarded therefor, unless the  bidder shall, prior to the making  of  such  bid  or  proposal,  have  a  franchise  under  the  authority  of  which the proposed contract can be  performed.  No contract shall be advertised for or entered  into  for  a  period  exceeding  five  years. Each bidder shall be required to furnish  with each bid or proposal a certified check, payable to the order of the  city treasurer, in such sum as the board of contract  and  supply  shall  prescribe,  but  not  less  than ten thousand dollars. Such sum shall be  forfeited to and become the absolute property of the city  in  case  the  bidder  depositing  the same shall be awarded the contract and shall not  execute the same and furnish a bond for the faithful performance of such  contract, in the penal sum of not  less  than  fifty  thousand  dollars,  within  thirty  days  after  the  award of such contract. Such certified  check shall be returned to the bidder if the contract be not awarded  to  him,  or,  if awarded, he shall have executed and furnished the contract  and required bond.    The common council may  by  ordinance  establish  a  special  lighting  district or districts for the purpose of ornamental street lighting, and  from  time  to  time may alter or extend the same. The board of contract  and supply may contract for lighting any such district or  districts  so  established or extended, as such board may deem proper or expedient. Any  contract  so  entered into shall be in conformity with the provisions of  this section, except  that  the  bond  to  be  given  for  the  faithful  performance  of  the  contract  shall  be in such amount as the board of  contract and supply shall determine. The amount of any contract that may  be entered into for such special lighting pursuant to the provisions  of  this  section,  shall be assessed ratably upon the real property in such  lighting district or districts in such manner as shall be provided by an  ordinance duly adopted by the common council and approved by  the  board  of  estimate  and  apportionment;  and such assessments shall be levied,  enforced and collected upon and between the  taxable  property  in  said  city  and district or districts respectively, in the same manner, by the  same proceedings, at the same time, under the same penalties and by  the  same  officers  as  the city taxes, charges or expenses of said city are  now levied,  enforced  and  collected.  The  common  council  shall,  by  ordinance,   approved  by  the  board  of  estimate  and  apportionment,  apportion the expense that shall be borne by  the  taxable  property  in  such  special lighting district or districts, and the city at large; but  in no event shall the taxable property  in  any  such  special  lighting  district or districts be charged with less than fifty per centum of such  charges or expenses.

State Codes and Statutes

Statutes > New-york > Scc > Article-8 > 122

§ 122. Contracts   for  lighting.  All  municipal  lighting  shall  be  supplied pursuant to contract therefor, awarded by the board of contract  and supply as herein provided. Such contract shall cover and include the  lighting and supplying of the lamps and the oil, gas, electric  current,  the  cleaning,  repair  and  renewal  of the lamps and all the materials  required in the use and care thereof. No bid or proposal  for  any  such  contract  shall  be  received, nor contract awarded therefor, unless the  bidder shall, prior to the making  of  such  bid  or  proposal,  have  a  franchise  under  the  authority  of  which the proposed contract can be  performed.  No contract shall be advertised for or entered  into  for  a  period  exceeding  five  years. Each bidder shall be required to furnish  with each bid or proposal a certified check, payable to the order of the  city treasurer, in such sum as the board of contract  and  supply  shall  prescribe,  but  not  less  than ten thousand dollars. Such sum shall be  forfeited to and become the absolute property of the city  in  case  the  bidder  depositing  the same shall be awarded the contract and shall not  execute the same and furnish a bond for the faithful performance of such  contract, in the penal sum of not  less  than  fifty  thousand  dollars,  within  thirty  days  after  the  award of such contract. Such certified  check shall be returned to the bidder if the contract be not awarded  to  him,  or,  if awarded, he shall have executed and furnished the contract  and required bond.    The common council may  by  ordinance  establish  a  special  lighting  district or districts for the purpose of ornamental street lighting, and  from  time  to  time may alter or extend the same. The board of contract  and supply may contract for lighting any such district or  districts  so  established or extended, as such board may deem proper or expedient. Any  contract  so  entered into shall be in conformity with the provisions of  this section, except  that  the  bond  to  be  given  for  the  faithful  performance  of  the  contract  shall  be in such amount as the board of  contract and supply shall determine. The amount of any contract that may  be entered into for such special lighting pursuant to the provisions  of  this  section,  shall be assessed ratably upon the real property in such  lighting district or districts in such manner as shall be provided by an  ordinance duly adopted by the common council and approved by  the  board  of  estimate  and  apportionment;  and such assessments shall be levied,  enforced and collected upon and between the  taxable  property  in  said  city  and district or districts respectively, in the same manner, by the  same proceedings, at the same time, under the same penalties and by  the  same  officers  as  the city taxes, charges or expenses of said city are  now levied,  enforced  and  collected.  The  common  council  shall,  by  ordinance,   approved  by  the  board  of  estimate  and  apportionment,  apportion the expense that shall be borne by  the  taxable  property  in  such  special lighting district or districts, and the city at large; but  in no event shall the taxable property  in  any  such  special  lighting  district or districts be charged with less than fifty per centum of such  charges or expenses.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Scc > Article-8 > 122

§ 122. Contracts   for  lighting.  All  municipal  lighting  shall  be  supplied pursuant to contract therefor, awarded by the board of contract  and supply as herein provided. Such contract shall cover and include the  lighting and supplying of the lamps and the oil, gas, electric  current,  the  cleaning,  repair  and  renewal  of the lamps and all the materials  required in the use and care thereof. No bid or proposal  for  any  such  contract  shall  be  received, nor contract awarded therefor, unless the  bidder shall, prior to the making  of  such  bid  or  proposal,  have  a  franchise  under  the  authority  of  which the proposed contract can be  performed.  No contract shall be advertised for or entered  into  for  a  period  exceeding  five  years. Each bidder shall be required to furnish  with each bid or proposal a certified check, payable to the order of the  city treasurer, in such sum as the board of contract  and  supply  shall  prescribe,  but  not  less  than ten thousand dollars. Such sum shall be  forfeited to and become the absolute property of the city  in  case  the  bidder  depositing  the same shall be awarded the contract and shall not  execute the same and furnish a bond for the faithful performance of such  contract, in the penal sum of not  less  than  fifty  thousand  dollars,  within  thirty  days  after  the  award of such contract. Such certified  check shall be returned to the bidder if the contract be not awarded  to  him,  or,  if awarded, he shall have executed and furnished the contract  and required bond.    The common council may  by  ordinance  establish  a  special  lighting  district or districts for the purpose of ornamental street lighting, and  from  time  to  time may alter or extend the same. The board of contract  and supply may contract for lighting any such district or  districts  so  established or extended, as such board may deem proper or expedient. Any  contract  so  entered into shall be in conformity with the provisions of  this section, except  that  the  bond  to  be  given  for  the  faithful  performance  of  the  contract  shall  be in such amount as the board of  contract and supply shall determine. The amount of any contract that may  be entered into for such special lighting pursuant to the provisions  of  this  section,  shall be assessed ratably upon the real property in such  lighting district or districts in such manner as shall be provided by an  ordinance duly adopted by the common council and approved by  the  board  of  estimate  and  apportionment;  and such assessments shall be levied,  enforced and collected upon and between the  taxable  property  in  said  city  and district or districts respectively, in the same manner, by the  same proceedings, at the same time, under the same penalties and by  the  same  officers  as  the city taxes, charges or expenses of said city are  now levied,  enforced  and  collected.  The  common  council  shall,  by  ordinance,   approved  by  the  board  of  estimate  and  apportionment,  apportion the expense that shall be borne by  the  taxable  property  in  such  special lighting district or districts, and the city at large; but  in no event shall the taxable property  in  any  such  special  lighting  district or districts be charged with less than fifty per centum of such  charges or expenses.