A.
The Department of Public Works of the City of Corning
shall be under the general control and management of the City Manager.
B.
The Superintendent of Public Works shall be appointed
by the City Manager, with the approval of the City Council, from a
list of qualified candidates, and shall be under the direction and
supervision of the City Manager. Prior to appointment, the City Manager
shall be satisfied that the Superintendent of Public Works possesses
the training, education and experience necessary to perform the duties
of the position.
C.
Under the direction of the City Manager, the Department
of Public Works shall have general charge of engineering and public
works maintenance, maintenance of all lands and buildings belonging
to the City, including matters relating to the Water Department, except
that the City Manager, Department of Public works or the Water Department
shall not in any manner fluoridate the water under the control of
the City government. The Department shall also have general charge
of water treatment and distribution, sewage treatment and sewers,
and collection and disposal of solid waste and such other responsibilities
as authorized by the City Manager.
[1]
Editor’s Note: Approved at referendum
11-4-2008.
D.
The salary for the Superintendent shall be determined
by the City Manager.
[Amended 6-22-1998 by L.L. No. 19-1998]
E.
The Superintendent of the Department of Public Works
shall be subject to removal by action of the City Manager for incompetence
or misconduct pursuant to the applicable Civil Service Laws and Rules.
A.
It shall be the duty of the Superintendent of Public
Works to ensure that the Department of Public Works of the City of
Corning preserves good order within the Department and follows rules
and regulations of the city.
B.
The City Manager shall establish, promulgate and enforce
proper rules, regulations and orders for the good government and discipline
of the Department of Public Works, which shall be implemented under
the direction of the Superintendent. Such rules, regulations and orders
may not conflict with any provision of this Charter, the collective
bargaining agreement, or with the laws or Constitution of the State
of New York. The City Manager shall provide to the City Council a
copy of the same and furnish a suitable number of copies for the use
of the Department.
C.
The Department of Public Works shall create no debts
and incur no liabilities in excess of the limits of the budget adopted.
D.
The Department of Public Works, subject to the approval
of the City Council, shall have the power to lay out, open, construct,
alter or discontinue all public thoroughfares, parks and grounds.
All of the above construction projects shall be surveyed, and the
survey shall be filed in the office of the City Clerk.
E.
The City Manager may administer oaths and issue subpoenas
compelling attendance of witnesses in all cases of investigation.
A.
All public works improvements done under the management
of the City Manager, where the amount expendable shall exceed the
amount specified in the General Municipal Law, shall be done by contract
unless the City Manager shall deem it in the best interest of the
city that the work shall be done by the Department of Public Works.
B.
All contracts for public work and all purchase contracts
awarded by the City Manager shall be subject to the provisions of
§ 103 of the General Municipal Law.
C.
All claims against the Department of Public Works
shall be first audited in a meeting of the Superintendent of Public
Works and the City Manager and, if deemed valid, shall be turned over
to the City Council for final acceptance or rejection and, if approved,
payment in accordance with established procedures.
D.
The title to all property, real and personal, in the
custody of the Department of Public Works shall be vested in the City
of Corning. The City Manager shall, upon approval of the City Council,
from time to time sell and dispose of personal property not needed
by the Department and remit the proceeds to the City Finance Director.
[Amended 1-2-1996 by L.L. No. 1-1996]
A.
Within the Department of Public Works, there shall
be the following departments: Water, Streets and Highways and Sewage
Disposal and Treatment. The head of each department shall be appointed
by the Superintendent of Public Works with the approval of the City
Manager. Departments may be added, consolidated or realigned by the
City Manager to provide for the department fulfillment of its duties
and responsibilities.
B.
The Superintendent shall have the authority, with
approval of the City Manager, to hire assistants as needed.[1]
[1]
Editor's Note: Former Subsection C, which
required the Superintendent to transmit to the City Council monthly
reports of posted receipts and expenditures, which subsection immediately
followed this subsection, was deleted 9-8-1998 by L.L. No. 27-1998.
A.
The Department of Public Works shall also serve as
the Board of Water Commissioners for the City of Corning. The Superintendent
of the Department of Public Works shall also be the Superintendent
of the Water Department of the City of Corning with the duty to operate
and manage the Water Department of the City of Corning in accordance
with Chapter 195 of the Laws of 1906, entitled "An act to establish
and maintain a Water Department in and for the City of Corning," except
that the City Manager, Department of Public Works, Board of Water
Commissioners, Superintendent of the Department of Public Works, Superintendent
of the Water Department, or the Water Department shall not in any
manner fluoridate the water under the control of the City government.
The City Manager shall establish the rate for water services to be
charged with the approval of the City Council.
[Amended 11-4-2008 by L.L. No. 6-2008[1]]
[1]
Editor’s Note: Approved at referendum
11-4-2008.
B.
Nothing in this Charter shall be construed to change
or alter the established duties, powers, authority, procedures, methods
of accounting or bookkeeping, or the function and maintenance of a
separate water fund account for the Water Department.
C.
[2]The Department of Public Works and/or the Superintendent
of Public Works shall submit to the City Manager no later than May
1 of each year an estimate of the amount required to operate the Water
Department for the ensuing fiscal year.[3]
[2]
Editor's Note: Former Subsection C, which
required the Superintendent of Public Works to present to the City
Finance Director monthly all vouchers and a report thereon, was deleted
9-8-1998 by L.L. No. 28-1998. This local law also provided for the
renumbering of Subsection D as Subsection C.
[3]
Editor's Note: Former § 12.4.5,
regarding the City Finance Director serving as Treasurer of the Water
Department, as amended, which immediately followed this subsection,
was deleted 6-22-1998 by L.L. No. 20-1998.
A.
The department head of the Department of Streets and
Highways shall be the Superintendent of Public Works who shall have
general charge, including construction, maintenance and repair of
streets, sidewalks, curbs, crosswalks, alleys, highways, lands and
public places of the city. The department head of the Department of
Streets and Highways shall have authority to:
(1)
See that all sidewalks shall be constructed, reconstructed,
maintained and replaced according to specifications established by
the City Manager.
(2)
Require landowners to make, remake and repair sidewalks
adjoining their property by serving the landowner a written notice
to correct the violation within 30 days or the Superintendent of Public
Works may correct at cost to the landowner. That the making or installation
of sidewalks, following determination of the Superintendent of Public
Works that such installation is necessary and appropriate for reasons
of public safety, drainage or prevention of injury or damage to property
of the City of Corning, shall be done as a project of the city and
at the expense of the city, when appropriately funded by the City
Council.
B.
Subject to the restrictions of this Charter and the
ordinances of the city, the Superintendent of Public Works may cause
any street, alley, lane or public ground to be graded, paved or curbed.
The work shall be done under the direction of the Department of Streets
and Highways and according to its specifications.
C.
The expense of such initial grading, paving and curbing
shall be borne by the developer or the owner of the property adjacent
to or contiguous to the street graded, paved or curbed, according
to the lineal feet owned by each person. The expense of installation
of curbing on existing streets where no curbing exists shall be borne
1/3 by the city at large and 2/3 by the property owner, according
to lineal feet owned and abutting the street. That the making or installation
of curbing, following determination of the Superintendent of Public
Works that such installation is necessary and appropriate for reasons
of public safety, drainage or prevention of injury or damage to property
of the City of Corning, shall be done as a project of the city and
at the expense of the city, when appropriately funded by the City
Council.
D.
Every assessment imposed under any of the provisions
of this Charter shall be a lien upon all real estate against which
the same shall be assessed, from the time of filing with the City
Finance Director, and may be collected as specified by the City Manager.
If any property owner defaults, the unpaid charge or assessment shall
be added to the next city tax bill for the property and collected.
[Amended 1-2-1996 by L.L. No. 1-1996]
E.
The department head of the Department of Streets and
Highways is authorized and empowered to require developers, residents
and property owners whose lots front or abut on streets upon which
improvement is contemplated to lay house connecting lines for water
and gas in the manner that the City Manager shall provide.
[Amended 5-7-2007 by L.L. No. 4-2007]
A.
The department head of the Department of Sewage Disposal
and Treatment shall be the Superintendent of Public Works who shall
have authority to:
(1)
Manage and control the public sewers and systems and
be responsible for maintenance.
(2)
Regulate and adopt plans for the construction of new
sewers and for the repair of existing sewers.
(3)
Supervise and ensure the enforcement of an ordinance
adopted by the City Council of the City of Corning on September 2,
1986, and entitled "An ordinance regulating the use of public sewers,
the installation and connection of building sewers and the discharge
of waters and waste into the public sewer system(s) and providing
penalties for the violation thereof in the City of Corning, County
of Steuben and State of New York," as the same may be amended from
time to time.
B.
All moneys collected for violations of the above ordinance
and as user fees shall be retained in the Sewer System Fund.
