The functions, powers and duties of the City
government shall be exercised and discharged by an elective Mayor
and Council, and by such other officers, agencies and instrumentalities
as may be established by or pursuant to this Charter or other provision
of law. All officers for whose election or appointment no other provision
is made by this Charter shall be appointed by the Mayor.[1]
[1]
Editor's Note: Section 2.2 pertaining to City
Court repealed. L. 1988, Ch. 397, § 39. No § 2.3
was ever enacted.
A.
Every resident of the City of Lackawanna who shall,
at the time and place of offering his or her vote, be qualified to
vote for member of Assembly, shall be entitled to vote for the elective
officers of the City and of the ward where he or she shall be so qualified.
B.
The City and ward elections shall be held on the same
day at the same place with the general election in the odd-numbered
years. Such elections shall be governed by the Election Law of the
State of New York, to the extent that it is not inconsistent with
the provisions of this Charter.
C.
All elective officers shall take the oath of office
prescribed by the Constitution of the State and shall enter upon the
duties of their respective offices on January 1 next following their
election.
Subject to the provisions of this 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 this City, whether express or implied, shall be exercised
in the manner provided by this Charter or by local law or ordinance
not inconsistent herewith. Any enumeration of powers in this Charter
shall not be held to limit the powers of the City except as otherwise
specifically provided herein.
The Council may, subject to this Charter, adopt,
amend and repeal local laws, ordinances, and resolutions to:
A.
Organize and regulate the property, affairs and government
of the City, and establish, alter, and abolish offices, positions
and employments, define their functions, powers and duties, and fix
the term, tenure and compensation thereof;
B.
Exercise the local police power for the good rule
and government of the City; for the order, protection and government
of persons and property; for the preservation of public health, comfort,
peace and prosperity of the City and its inhabitants; and to effectuate
the purposes and provisions of this Charter;
C.
Construct, acquire, operate, maintain and finance
any and all properties, public improvements, projects or enterprises,
for any public purpose;
D.
Provide for the exercise of all powers of local government
vested in the City by this Charter or otherwise;
E.
Provide for the enforcement of local laws and ordinances
by legal or equitable proceedings, prescribe in its discretion that
a violation thereof shall constitute a misdemeanor or a violation
pursuant to the Penal Law of the State of New York, and provide for
the punishment of such violations by civil penalty, fine, forfeiture
or imprisonment, or by two or more such punishments.
In the exercise of its powers for any municipal
purpose, the City may: adopt and use a corporate seal; sue and be
sued, acquire property within and without its boundaries for any municipal
purposes, in fee simple or any lesser interest or estate, by purchase,
gift, devise, lease or condemnation; sell, lease, pledge, mortgage,
hold, manage and control such property as its interests may require;
administer and require licenses and permits; enter into contracts;
exercise powers of taxation delegated to it; and adopt, amend and
repeal local laws, ordinances and resolutions.
The City may exercise any of its powers and
perform any of its functions by joint action with or delegation to
a political subdivision or public corporation organized under the
laws of the State of New York, or to a subordinate department or office
thereof.
The Council shall by resolution designate a
newspaper having general circulation and published within the City
as the official newspaper of the City. Except as otherwise expressly
provided by this Charter, it shall be sufficient publication to publish
therein any matter required by law to be published by or on behalf
of the City or any department thereof.
