4.2.1 The legislative powers of the city shall be vested in
the Common Council, which shall consist of the Mayor and the Councilmen
of the city. In the proceedings of the Common Council each member
present shall have one vote, except that on matters that subsequently
may come before the Mayor for his action as herein provided he shall
vote only in case of a tie. The Councilman-at-large shall be president
of the Common Council and, in the absence of the Mayor, he shall be
its presiding officer. While the Mayor is absent from the city or
unable to perform his duties the Councilman-at-large shall be Acting
Mayor and have all the powers and duties and be subject to all the
obligations and liabilities of the Mayor. He shall not lose his vote
as Councilman by reason of his acting as presiding officer of the
Common Council, but when he shall vote as Councilman, he shall have
no casting vote on a tie.
4.2.2 If both the Mayor and the Councilman-at-large shall be
absent from the city or otherwise unable to perform their duties,
the Common Council shall choose one of the Councilmen to be acting
Mayor and presiding officer of the Council, subject to the provisions
of Section 4.2.1.
4.4.1 The Common Council shall have the management and control
of the finances, and of all the property, real and personal, belonging
to the city, except as otherwise provided by this charter, or by any
other provision of law not inconsistent therewith.
4.4.2 It shall provide for the lighting of the streets, highways,
parks and public places of the city and make all contracts therefor,
and may contract with any person or corporation for the supplying
of the electric current; provided, however, that no contract for public
lighting shall be made with any person or corporation for a term of
more than five years.
4.4.3 The Common Council shall have all the rights, privileges,
powers and jurisdiction heretofore or hereafter conferred on it by
general and special acts of the legislature. Any provision of a general
act of the legislature heretofore enacted, relating to the property,
affairs or government of cities, which provisions does not in terms
and in effect apply alike to all cities, and which would in its application
abrogate or curtail the rights, privileges, powers or jurisdiction
of the Common Council, shall be deemed to be superseded and shall
not apply to the City of Glens Falls.
4.4.4 The Common Council may, by local law or ordinance not
inconsistent with the provisions of this charter or other laws of
the state; establish, alter and abolish offices and positions of employment,
and define the functions, powers and duties thereof, and fix the term,
tenure and compensation thereof; and it shall have power to investigate
all city officers and departments; shall have access to all records
and papers kept by any city officer or department; and shall have
power to compel the attendance of any witnesses and the production
of any books, papers and other evidence, at any meeting of the Common
Council, or of any committee thereof; and for that purpose, may issue
subpoena signed by the Councilman-at-large.
4.4.5 The powers of the Common Council shall be legislative
only, except as otherwise provided by this charter, and any other
provision of law not inconsistent therewith. The Common Council shall
have the power to pass any local law, ordinance or resolution not
repugnant to the constitution and laws of this state, for any local
purpose pertaining to the government of the city and the management
of its business, the protection of the business and property interests
of its citizens, the preservation or order, peace and health, and
the safety and welfare of the city and the inhabitants thereof, except
that it shall not enact or enforce any local law or ordinance or resolution
for any purposes pertaining in any manner to the fluoridation of the
water under the control of the city or of the water department of
the city government; and shall have such powers of legislation, by
local law, ordinance or resolution, as are conferred upon it by this
charter, or any other provision of law affecting the city, not inconsistent
with this charter, except such as are especially conferred by this
charter upon any separate department of the city government. Any enumeration
of powers in this charter shall not be held to limit the legislative
power of the Council except as otherwise specifically provided herein. [Amended 11-7-1972 by L.L. No. 2, 1972[1]]
4.4.6 The Common Council shall have the power also by resolution:
4.4.6.1 To require any building, fence, hedge or other obstruction[2] which is or may be constructed or placed within the line
of any street or highway in the city, to be removed therefrom by the
owner or occupant; and in all cases of neglect to remove the same,
to cause its removal at the expense of such owner or occupant.
4.4.6.2 To compel the owners or occupants of any wall or building
within the city, which may be in a ruinous or unsafe condition, to
render the same safe, or take or remove the same.
[1]
Editor's Note: L.L. No. 2, 1972 was initiated by petition
and adopted by permissive referendum at the general election of 11-7-1972.
Section 3 of L.L. No. 2, 1972 also provided that the resolutions of
the Common Council made on 7-22-1970, 11-4-1970 and 2-12-1971 approving
the fluoridation of the city's water supply and providing for such
fluoridation be rescinded and repealed.
4.6.1 The Common Council shall hold regular meetings not less
than two times a month in the Common Council rooms, and at such times
as they shall by resolution designate. In an emergency the Common
Council may meet at such alternate public place within the city as
it shall designate. At its organization meeting the Common Council
shall specify which days of the month shall be the regular meeting
days. It shall have authority to change such days by reason of legal
holidays. The Mayor or, in his absence, the Acting Mayor, or any three
Councilmen may call special meetings by notice in writing, served
personally upon the other members of the Council, or left at their
residences, at least 10 hours prior to such meeting, or by mailing
such notice, special delivery to their respective addresses at least
24 hours prior to such meeting. The Clerk shall also make and serve
or cause to be served such notice upon the request of the Mayor or
any three Councilmen.
4.6.2 The Common Council shall determine the rules of its own
proceedings. A majority shall be a quorum for the transaction of business
but a smaller number may adjourn from time to time. In determining
whether a quorum is present, the Mayor shall be considered a member
of the Common Council. A majority of the Common Council present and
voting at any meeting at which a quorum shall be present shall be
sufficient to pass any resolution or ordinance, except that all propositions
requiring the expenditure of money, affecting any rights of persons
or property shall be presented to the Common Council in writing. No
ordinance or resolution containing such a proposition or authorizing
the collection of money by tax or assessment shall pass unless it
receives the assent of a majority of all the Common Council in office,
except as otherwise provided by the Local Finance Law. No ordinance
shall be passed on the same day that it is introduced, except by unanimous
consent of all the elected Councilmen. The "ayes" and "nays" shall
be called and recorded on all ordinances and resolutions.
4.6.3 Nothing herein provided shall preclude the adoption of
reports, or of the minutes of the Council, the appointment of committees,
or referring matters to the same, the publication of any report or
proceeding, the granting of any permit, or the adjournment of the
Council, by resolution; and all other acts of the Council not herein
provided for may be done by resolution.
4.6.4 All meetings of the Common Council shall be public, except
when public interest requires secrecy, but no vote shall be taken
in secret session. Procedure of the Common Council shall be by local
law, ordinance, resolution, motions and ballot.
4.6.5 The Common Council shall, at the first meeting in the
year, designate one or more newspapers published in the city, as official
newspapers,
4.8.1 Every resolution or ordinance of the Common Council, or
any board or commission other than the Board of Public Safety, except
rules for its own government, shall, before it takes effect, be presented,
duly certified by the Clerk, to the Mayor. If the Mayor approves thereof,
he shall sign it within 10 days after the receipt thereof by him and
file it signed with the City Clerk. If the Mayor does not approve
of it he shall, within 10 days after the receipt thereof by him, return
it to the City Clerk with his objections thereto in writing, and a
statement that he does not approve thereof, and it shall have no force
or effect unless the Common Council, board or commission shall reconsider
it and pass it over the Mayor's veto by the concurring vote of at
least two-thirds of the total number of members thereof in office,
exclusive of the Mayor.
4.8.2 If any such resolution or ordinance so presented to the
Mayor shall not be returned by him to the City Clerk, within 10 days
after the receipt thereof by the Mayor, it shall, at the expiration
of such 10 days, have the same force and effect as if it had been
approved by him and filed with the City Clerk. If any such resolution
contain one or more items appropriating money, the Mayor may sign
it with a written statement appended thereto, that he objects to one
or more of such items, and each item so objected to shall have no
force or effect unless such items be reconsidered separately by the
Common Council, board or commission and passed over the Mayor's veto
in the same manner as a resolution vetoed.
4.10.1 Following the passage or adoption of an ordinance pursuant
to the provisions of this charter, there shall be published once in
the official paper of the city a notice that the ordinance has been
passed, a brief description of the substance of the ordinance and
of its intent and purpose, and a statement that the same is on file
and may be examined at the City Clerk's office. The Common Council
may also cause the whole or any portion of the ordinance to be published
at that time.
4.10.2 The ordinance shall take effect at 12:01 in the morning
on the day following the date of publication unless a later effective
date is set forth in the ordinance; provided, however, that an ordinance
shall take effect immediately against any person who may be personally
served with a copy thereof.
4.12.1 The Common Council may enforce obedience of its ordinances
by prescribing therein penalties for each violation thereof not exceeding
$100 for any offense. In addition to the penalty, the Council may
also ordain that a violation thereof shall constitute disorderly conduct,
and that the person violating the same shall be a disorderly person.
4.12.2 If an ordinance of the city prohibits the carrying on
of any occupation without a license therefor, the Common Council may
fix the fee for such license or may prescribe the minimum and maximum
limits of the fee which must be charged therefor by the Mayor upon
all applications made to him for such license. The Mayor may grant
or refuse such license in his discretion. If the Mayor determines
to grant such license he shall issue an order to the City Clerk to
issue such license upon the production of a receipt from the City
Controller for the amount specified in such order and receipt, and
he shall issue such license accordingly. The Controller shall credit
all fees so received by him to the general fund. The Clerk shall keep
in his office a record of such license, the person to whom it is issued
and the fee paid therefor. [Amended 7-20-2000 by L.L. No. 5-2000]
4.12.3 Violations of all ordinances and resolutions may be restrained
by the injunction order of any court having jurisdiction. The city
may, in its corporate name, bring action for such injunction, and
no undertaking upon the granting thereof shall be required of the
city. The city may, in its corporate name, sue for and collect the
penalties imposed by any ordinance in the city court. The court before
whom the judgment shall be rendered for a penalty imposed by any ordinance
shall immediately issue an execution thereon and shall endorse upon
such execution the cause for which said judgment was rendered, and
deliver said execution to a police officer of the city, who shall
proceed to collect the same by levying upon and selling sufficient
goods or chattels of the defendant to satisfy the claim, provided
same can be found.
4.14.1 The Common Council may grant public service franchises
for a term not exceeding 10 years, upon such conditions and regulations
as it believes to be in the best interest of the city. Such a franchise
shall be granted for a longer term than 10 years, upon the submission
of a proposition therefor, stating the term, conditions and regulations
thereof, at an annual or special election called for the purpose,
provided the proposition is carried by a majority of the votes cast.
4.14.2 Should the Common Council deny any application made to
it for a public service franchise, it shall upon the petition of 25
electors qualified to vote upon a proposition, submit such application
in full, at an annual or special election called for the purpose.
If at such election the application shall receive a majority of the
votes cast, a franchise therefor shall be immediately granted by the
Common Council. A proposition provided for by this section shall not
be submitted at an annual election until the applicant therefor files
with the Common Council a bond, with sufficient sureties, conditioned
that such applicant will upon demand pay to the city the full cost
of submitting such proposition. A special election provided for by
this section shall not be called until the applicant files with the
Common Council a bond, with sufficient sureties, conditioned that
such applicant will upon demand pay to the city the full cost of submitting
such proposition and calling and holding such special election.
4.16.1 The Common Council and the several committees thereof,
and all commissions and boards created by this charter, shall have
power to issue subpoenas and to compel the attendance of persons to
testify before it or them in respect to any matter pending before
or referred to any of them. Such subpoenas may be served at any place
within the County of Warren or any adjoining county, in the same manner
in which subpoenas issued by a justice of the peace are served.
4.16.2 Any person who shall refuse or neglect to attend or testify
in obedience to any such subpoena, or to be sworn or affirmed, or
to answer any proper pertinent questions, may be arrested by virtue
of an order of attachment, which may be issued by a City Judge upon
his own knowledge of such neglect or refusal, or upon the written
proof of the service of such subpoena, and such neglect or refusal;
and in the absence of a satisfactory excuse therefor, may be punished
in the same manner and to the same extent as a witness refusing or
neglecting to attend in obedience to a subpoena duly issued and served
out of justice court.
4.16.3 The presiding officer or Chairman of the Common Council,
or of every committee of the Common Council, or of the various boards
and commissions of the city, shall have power to administer oaths
or affirmations to all persons who appear or are brought before such
Common Council, committee, board or commission thereof, to testify
in reference to any matter pending before such Common Council, committee,
board or commission.
4.18.1 Whenever it is intended by the city to lay out, alter,
widen, extend, contract or discontinue any street, parking lot or
public grounds in the city, and the lands of any person or corporation,
or any right or easement therein shall be necessary for such purpose;
and whenever any land, or rights or easements therein shall be required
for any other municipal purpose; the Common Council shall be charged
with the procuring of the same. It shall cause the same to be surveyed,
and a map to be made and filed in the City Clerk's office, showing
the lots, tracts and parcels of land, and rights or easements therein
deemed necessary to be taken; and the commencement, course and termination
of the aforesaid street, parking lot or public grounds, or other work
or improvement planned in or through the said land. For that purpose
the Common Council and those acting under its direction may enter
upon any grounds in the city.
4.18.2 The Common Council shall then declare by resolution its
intention to appropriate the said property for the proposed improvement.
It may then acquire the land, or right or easement therein, by gift
or purchase. If by purchase, it shall, upon receiving a conveyance
thereof, give to the owner such compensation as it shall judge to
be reasonable.
4.18.3 If the Common Council cannot agree with the owner for
the purchase of any real estate or land, or right or easement therein
required for the purpose aforesaid, it may acquire the same by condemnation
proceedings as provided by law.
The Common Council may construct such sewers within the city
as it deems necessary. Before ordering their construction, it shall
publish once in the official newspapers a notice to the effect that
at a specified time, not less than five days after publication, it
shall meet at the City Hall to hear any objections and any legal evidence
which may be given on the matter. After the expiration of two weeks
from the day of the first publication of notice, the Common Council
shall determine whether such sewers are to be constructed. If so decided,
it may at any time thereafter proceed with their construction.
No paving or macadamizing shall be done in any street until
the gas and water mains and sewers have been laid therein, curbs put
in, and service and house connection pipes laid to property to a point
at least within the line of the curbing in such manner as the Common
Council shall prescribe. In case of neglect or refusal of the owner
to do so, the Common Council is authorized to do such work and the
actual expense thereof shall be assessed on the property benefited
thereby.
4.24.1 The Common Council shall have the power to require the
owner of property abutting upon a street to construct, repair or bring
to true grade, with suitable materials and in such manner as the Council
may direct, any sidewalk or curb in front thereof, and to remove the
snow and ice or other obstructions therefrom.
4.24.2 Where the owner of such property shall fail or neglect
to construct, repair or bring to true grade any sidewalk or curb for
10 days after written notice so to do has been served on him, either
personally or by delivering the same to him at his last known place
of residence, or if the name of the owner or his place of residence
cannot be ascertained after due diligence, by posting the same in
a conspicuous place upon the premises, the Superintendent of Public
Works, with the approval of the Common Council, shall have constructed,
repaired or brought to grade such sidewalk or curb. Where the owner
shall fail or neglect to remove snow and ice or other obstructions
from any such sidewalk after it has remained thereon for more than
24 hours, the Superintendent shall have it removed. In either such
case, a bill for the expenses incurred thereby shall be presented
to the owner in the same manner as the service of notice above cited.
4.24.3 If the owner shall fail to pay the same, the Superintendent
shall file with the Common Council a certificate of the actual cost
of the work, together with a statement as to the property in front
of which the work was done, and the same shall be added by the Common
Council to the next city assessment levied on that property, and collected
in the same manner as the general city tax.
4.26.1 At the close of the fiscal year, the heads of each board
or department, and such other officers as the Common Council shall
designate, shall make a written report to the Council of:
(1) The improvements and extensions made by, and the general
conditions of, their respective boards or departments.
(2) Such recommendations concerning their respective boards
or departments as may be deemed proper.
4.26.2 Nothing herein contained shall be construed to relieve
the boards, commissions and officers referred to in this section from
furnishing information to the Mayor or Common Council at any other
time.
