[L. 1916, c. 409[1]]
Except as in this Charter otherwise provided, no city officer
or Council member shall be eligible for appointment as Director of
Public Safety, Director of Public Works, Commissioner of the Board
of Health or Director of the Civil Service Board; and any of the appointed
Directors of said Boards of Public Safety or Public Works, Commissioners
of said Board of Health or Directors of said Civil Service Board,
who shall hereafter be appointed or elected to any office of the city
and shall not, within ten (10) days, publicly decline the same, shall
be deemed to have vacated his office of said Director or member.
All ordinances, rules, bylaws, resolutions and regulations of
the Common Council of the City of Hornellsville, in force when this
Charter takes effect and not inconsistent with this Charter, shall
be and continue in force and shall have the same force and effect
throughout the City of Hornell as heretofore they had in said City
of Hornellsville and as if duly adopted, passed and published by the
Common Council of said city, until they shall be repealed, altered
or amended by the Common Council.
[L. 1916, c. 409]
All ordinances, rules, bylaws, codes, resolutions and regulations
of the Sewer Commissioners, the Park Commissioners and the Water Board
of the City of Hornellsville; and of the Board of Public Works of
the City of Hornell, in force when this Charter takes effect and not
inconsistent with this Charter shall be and continue in force and
have the same force and effect as heretofore they had and as if duly
adopted, passed and published by the Department of Public Works of
the City of Hornell, and they shall be the ordinances, rules, bylaws,
codes, resolutions and regulations of said Department of Public Works
until they shall be repealed, altered or amended by said Board.
[L. 1916, c. 409]
All rules, regulations, sanitary ordinances, codes, plumbing
codes, ordinances, resolutions, bylaws and regulations of the Board
of Health of the City of Hornellsville and the City of Hornell and
of the Plumbing Board and Board of Plumbing of said City of Hornellsville
and of the City of Hornell in force when this Charter takes effect
and not inconsistent with this Charter shall be and continue in force
and effect and have the same force and effect throughout the City
of Hornell as heretofore and as if duly adopted, passed and published
by the new departments until they shall be repealed, altered or amended
by the new departments.
[L. 1916, c. 409]
All ordinances, bylaws, rules, resolutions and regulations of
the Civil Service Commission of the City of Hornellsville and of the
City of Hornell in force when this Charter takes effect and not inconsistent
with this Charter shall be and continue in force and shall have the
same force and effect in the City of Hornell as heretofore they had
and as if duly adopted, passed and published by the new Civil Service
Board until they shall be repealed, altered or amended by the new
Civil Service Board.
[L. 1916, c. 409]
All ordinances, rules, bylaws, codes, resolutions and regulations
of the Police Commissioners and Police Commission of the City of Hornellsville
and of the Board of Public Safety of the City of Hornell and all ordinances
of the Common Council of said city relative to the Fire Department
of said city and all rules and regulations of the Fire Committee of
said Council and of the Fire Department of said city in force when
this Charter takes effect and not inconsistent with this Charter shall
be and continue in force and have the same force and effect as heretofore
they had and as if duly adopted, passed and published by the Department
of Public Safety of the City of Hornell and shall be the ordinances,
rules, bylaws, codes, resolutions and regulations of said Department
of Public Safety until they shall be repealed, altered or amended
by said Department.
[L. 1916, c. 409]
The appointive officers of the City of Hornell and of the several
Boards and Commissions thereof serving when this Charter takes effect
shall continue to fill their respective offices for the remainder
of the term of office to which they were appointed, except as herein
otherwise provided. The Chief of the Fire Department and all regular
call and volunteer firemen are transferred to the direction and control
of the Department of Public Safety; the Chief of Police, Captain of
Police and all regular and special policemen are transferred to the
direction and control of the Department of Public Safety. All employees
of said Board of Public Works are transferred to the direction and
control of the Department of Public Works.
If the Common Council of the City of Hornell shall consider
it necessary to refund the bonds issued on the credit of the City
of Hornellsville prior to the passage of this Charter, other than
water bonds or any part thereof, it may by resolution cause bonds,
for such amount as said City Common Council may deem necessary, to
be issued in the name and upon the faith and credit of the City of
Hornell, which bonds shall be executed by the Mayor under the Corporate
Seal of the city and countersigned by the City Clerk, which bonds
shall be either registered or coupon bonds and in such denominations
or amounts as the Common Council shall deem expedient, but not less
than fifty dollars ($50.) each, with interest at not to exceed the
legal rate per annum, payable semiannually, both principal and interest
to be payable at the office of the Chamberlain of the City of Hornell
or, if the Common Council shall deem it expedient, at the office of
said Chamberlain or at any bank or banking institution in the City
of New York at the option of the holder thereof and shall be so classified
and issued that at least five per centum (5%) per annum of the principal
thereof shall become due and payable in each year, making the last
bond due in not more than twenty (20) years from its date. Said bonds
shall contain a recital that they are issued pursuant to this section,
which recital shall be conclusive evidence of their validity and of
the regularity of the issue, and said bonds shall be sold and negotiated
at either public or private sale in the discretion of the Common Council,
at the best price obtainable, not less than their par value.
[L. 1916, c. 409]
The moneys of said City of Hornell received from any and all
sources after this Charter takes effect, including moneys received
from the City of Hornellsville, shall be credited to the proper fund
for which raised by taxation or otherwise received by said city as
in this Charter provided. The Chamberlain shall, as directed by resolution
of the Common Council, credit the moneys received as aforesaid to
the proper fund as aforesaid, and the following funds are created
and provided: Sinking Fund of the Department of Public Works Fund;
Investment Fund of the Department of Public Works Fund; Street Fund
of the Department of Public Works Fund; Water Fund of the Department
of Public Works Fund; Sewer Fund of the Department of Public Works
Fund; Park Fund of the Department of Public Works Fund; Contingent
Fund of the Department of Public Works Fund; Police Fund of the Department
of Public Safety Fund; Fire Fund of the Department of Public Safety
Fund; Supervision of Buildings Fund of the Department of Public Safety
Fund; Contingent Fund of the Department of Public Safety Fund; Poor
Fund of the Common Council Fund; Interest Fund of the Common Council
Fund; Water Fund of the Common Council Fund; Light and Heat Fund of
the Common Council Fund; Salary Fund of the Common Council Fund; Health
and Vital Statistics Fund of the Common Council Fund; Hospital Fund
of the Common Council Fund; Library Fund of the Common Council Fund;
and General Fund of the Common Council Fund. Nothing herein contained
shall prevent the Common Council from subdividing any of said funds
as they may deem best. All orders or drafts on the Chamberlain made
by said Common Council, Department of Public Works and Department
of Public Safety, as provided by this Charter, shall specify the particular
fund from which it shall be paid and shall not be paid from any other
fund. The Common Council may, by vote of at least two-thirds (2/3)
of the members thereof, transfer moneys from a fund which becomes
unnecessary or obsolete to another fund or funds, except that no money
shall be transferred from the Sinking, Investment, Water or Sewer
Fund of the Department of Public Works Fund to any other fund.
[L. 1916, c. 409]
All officers of said city and all boards, departments and commissions
or directors thereof not herein otherwise required to make monthly
reports shall report to the Common Council, in writing, on the first
day of each month, all moneys received by them during the month previous
to such report, at such length and in such manner as the Common Council
may direct.
The Chamberlain of the City of Hornell shall, on the first day
of each month, report to the Common Council, in writing, the date,
number, amount, to whom payable and the fund to which charged of all
order or drafts of said city and the boards thereof presented to and
paid by him during the previous month, the balance remaining in each
of the several funds the month previous, the sums credited during
the month to said several funds and the balance remaining on hand
at the date of said report in said several funds and the amount of
unpaid city taxes and other claims and charges in favor of said city,
together with such other information as the Common Council may direct
and the balance remaining in each of the several banks of deposit
of said city. The moneys of said city and the several boards and commissions
thereof deposited with banks or trust companies as herein provided
shall not be deposited to or credited to the same account with moneys
of the Board of Education, the County of Steuben or the State of New
York in any such bank or trust company by said Chamberlain; and at
least ten (10) days before the annual election, he shall make a report
for the year by consolidating the monthly reports.
When judgment shall have been recovered in favor of said city
for any fine, penalty or forfeiture, execution thereon may issue against
the person as well as against the property of the defendant in the
form prescribed by the law for such execution.
[L. 1916, c. 409]
Whenever any land or interest in land shall be required for
the purposes of said city, the Department of Public Works shall be
charged with the procuring of the same, and in case it cannot agree
with the owner or owners thereof as to compensation to be made therefor,
then it may in the name of the city acquire such land or interest
in land in the manner provided for by the Condemnation Law of this
state.
The word "person" as used in this Charter shall be construed
to include all persons, firms, companies, corporations and associations.
This Charter shall be a public act and shall be known and cited
as the "Charter of the City of Hornell."
Nothing in this Charter contained shall affect any action or
legal proceeding in any court in which the City of Hornellsville is
a party, nor shall it affect the Town of Hornellsville.
The following laws so far as they affect the City of Hornell are repealed, namely: Chapter 40 of the Laws of 1888; Chapter 374 of the Laws of 1888; Chapter 125 of the Laws of 1889; Chapter 472 of the Laws of 1890; Chapter 380 of the Laws of 1891; Chapter 585 of the Laws of 1892; Chapter 193 of the Laws of 1895; Chapter 347 of the Laws of 1894; Chapter 308 of the Laws of 1891; Chapter 324 of the Laws of 1890; Chapter 195 of the Laws of 1891; Chapter 125 of the Laws of 1897; Chapter 738 of the Laws of 1899; Chapter 645 of the Laws of 1899; Chapter 400 of the Laws of 1903.
This Charter shall take effect May 1, 1906.
