For the purposes of this Charter, except as
the context may otherwise require:
(a)
"Bureau" shall mean any agency or instrumentality
of the City government allocated or assigned within a Department.
(b)
"Charter" shall mean the Charter of the
City of Canandaigua herein set forth, the Municipal Home Rule Law
and such other State Statutes as are lawfully applicable to the City.
(c)
"City Council" shall mean the local legislative
body of the City elected in the manner provided by this Charter.
(d)
"Department" shall mean an organization
unit of the City government established or designated by or pursuant
to this Charter as a department.
(e)
"Employee" shall mean any person directly
employed and compensated by the City of Canandaigua except persons
employed in the legislative or judicial branch thereof.
[Added 11-17-2005 by L.L. No. 4-2005]
(f)
"Law" shall mean a Federal law, State
Statute, City Charter, Local Law, Ordinance or Resolution.
[Amended 11-17-2005 by L.L. No. 4-2005; 11-7-2017]
(g)
"Local Law" shall mean a law adopted
pursuant to the Municipal Home Rule Law or to other authorization
of a State Statute or this Charter by the City Council or proposed
by a Charter Commission or by petition, and ratified by a popular
vote, as provided in Article IV of the Municipal Home Rule Law or
as Provided by State Statute, this Charter or Local Law; but shall
not mean or include an Ordinance, Resolution or other similar acts
of the City Council or of other board or body of this City.
[Amended 11-17-2005 by L.L. No. 4-2005]
(h)
"Manager" shall mean the administrator
of the City government appointed pursuant to this Charter or the Acting
Manager temporarily serving in place of the Manager pursuant to this
Charter or Local Law.
[Amended 11-17-2005 by L.L. No. 4-2005]
(i)
"Ordinance" shall mean a legislative
act of the City Council which is permanent in nature unless specifically
self-limiting, general in its application and may or may not contain
penal provisions for its violation and must be in written form. It
shall be enacted in accordance with the provisions hereinafter provided.
[Amended 11-17-2005 by L.L. No. 4-2005]
(j)
"Officer" includes every person who is elected by the electors of the City of Canandaigua; every person who holds a position as an officer of the City of Canandaigua as a municipal corporation of the state; every person who is appointed as the Head of any Department listed in § 4.2 subdivision (a) — (g).
[Added 11-17-2005 by L.L. No. 4-2005]
(k)
"Resolution" shall mean a legislative
act of the City Council which is limited in its application or of
a temporary nature or both, or as otherwise provided by law. Unless
specifically provided, it need not be in written form.
[Amended 11-17-2005 by L.L. No. 4-2005]
Subject to the provisions of the Charter, the
City shall have all powers of local government, functions, rights,
privileges and jurisdiction delegated to cities under the Constitution
and Laws of the State of New York, or which it would be competent
for this Charter specifically to enumerate. The City may provide for
the distribution of such powers among and within its departments and
regulate and control the exercise thereof by its officers and employees.
All powers of the City, whether express or implied, shall be exercised
in the manner provided by this Charter or by local law or ordinance
not inconsistent herewith.
In the exercise of its powers for any Municipal
purpose the City may use a corporate seal; may sue and be sued; may
acquire property within and without its boundaries for any Municipal
purpose, in fee simple or any lesser interest or estate, by purchase,
gift, devise, lease or condemnation, and may sell, lease, hold, manage
and control such property as its interests may require; may require
licenses and permits and enter into contracts; may exercise powers
of taxation delegated to it; and may adopt, amend and repeal local
laws, ordinances and resolutions.
