The legislative power of the city is vested in the common council.
The common council shall consist of nine district council members.
A president of the common council shall be elected from amongst the
members at the organizational meeting for a two (2) year term.
The common council shall be deemed a continuous body notwithstanding
any change of membership.
[1]
Editor's Note: This local law was approved by the voters at
the general election held 11-5-2002.
The city is divided into nine council districts, the boundaries
of which are set forth in Section 1-4 of this charter.
[Amended 8-22-2002 by L.L. No. 12-2002, effective 12-1-2002]
No person shall be eligible for election or appointment as a
successor to the office of district council member who has not been
a resident as defined in section 24-4 of this charter of the district
for which he or she is chosen for a period of at least one year immediately
preceding the date of his or her election or appointment.
The terms of office of the council members as of the effective
date of this charter shall continue until the installation of council
members chosen in general elections in accordance with this section.
At the general election in the year 2001 one district council
member shall be elected by the electors of each council district for
a term of two years. At the general election held in the year 2003
and every fourth year thereafter, one district council member shall
be elected by the electors of each council district for a term of
four years.
The persons elected to the common council shall take office
on the first day of January following the general elections in which
they were elected, and shall be eligible for re-election.
[1]
Editor's Note: This local law was approved by the voters at
the general election held 11-5-2002.
[Amended 8-22-2002 by L.L. No. 12-2002, effective 12-1-2002[1]; 9-19-2006 by L.L. No. 17-2006, effective 12-6-2006 ]
In the case of a vacancy in the office of district council member,
otherwise than by expiration of the term, the remaining members of
the council shall appoint a qualified resident of the same political
party and district as the council member whose place is vacant to
fill such vacancy until the first day of January following the next
general election at which a district council member may, pursuant
to law, be chosen for the balance of the term. The person so elected
shall take office on the first day of January following such general
election.
Prior to an appointment, the Common Council shall direct the
City Clerk to advertise the vacancy for a minimum of five (5) days
on the City's Web-site and Public Access Media outlets, and obtain
from any qualified resident seeking consideration for appointment,
a current resume, a letter requesting appointment to the vacancy.
In the case of a vacancy in the office of president of the common
council otherwise than by expiration of his or her term, the remaining
members of the common council shall appoint one of their members to
fill such vacancy until the next organizational meeting.
[1]
Editor's Note: This local law was approved by the voters at
the general election held 11-5-2002.
The common council shall have the power:
(a)
to enact local laws for any public purpose as may be provided by
the constitution and the laws of the state of New York and of the
United States of America and to the extent that it has the power to
act by ordinance, resolution or rule and regulation.
(b)
to enact ordinances for any purpose authorized by any general or special law, including without limitation, those purposes set forth in section 2-1 and section 3-18 hereof.
(c)
to adopt resolutions and rules and regulations in the exercise of
its functions, powers and duties.
(d)
to regulate by ordinance the method of exercising by one of the departments
created by this act any power conferred upon the city by this charter
or any law when the method of exercise is not therein prescribed;
if such power be legislative, the common council shall exercise the
power.
(e)
to adopt by the procedures specified within this charter the annual
operating budget of the city, the annual capital budget of the city
and the four-year capital program of the city.
(f)
to authorize the borrowing of funds by the city in accordance with
article VIII of the constitution of the state of New York and applicable
provisions of state law.
(g)
to impose taxes and special assessments as authorized by any general
or special law.
(h)
to acquire by purchase, gift or eminent domain any interest in real
and personal property for any city purpose or as authorized by any
general or special law.
(i)
to acquire by condemnation lands and property and/or easements therein
situate without the city of Buffalo as may be necessary for the purposes
of water supply and/or sewage disposal and drainage for lands owned
by the city and held or used for public purposes, and situate without
the city of Buffalo.
(j)
to dispose of any real or personal property of the city as allowed
by any general or special law.
(k)
to appoint local officers and to confirm appointments of local officers
as specified within this charter.
(l)
to appoint a city clerk, a deputy city clerk, a deputy city clerk
of birth records, and other staff to the common council as deemed
necessary for the proper functioning of the common council, provided
that, until January 1, 2006, such other staff to the common council
shall be limited in number to 37.
(m)
to fix the salary and compensation of every officer and employee
of the city except as may be otherwise provided by law.
(n)
to regulate its own proceedings and to adjudge the qualifications
of its members.
(o)
to investigate and inquire into all matters of concern to the city
and its inhabitants and to require and enforce by subpoena the attendance
of witnesses or the production of documents at such investigations.
The common council shall have the duty:
(a)
to convene an organizational meeting on the second day of January
in each even numbered year, unless it be Saturday or Sunday, and in
such event on the following Monday, for the following purposes:
(i)
to elect at that time one of its members president of the common
council pro tempore to act during the temporary absence or disability
of the president of the common council;
(ii)
to determine the qualifications and responsibilities of the
members of the common council staff including the council chief of
staff, to define the organizational structure of the common council
staff and to define the administrative and supervisory relationship
between the staff and the common council.
(b)
to meet at least every two weeks except during the month of August.
(c)
to conduct all meetings in public.
(d)
to designate one or more daily newspapers published in the city for
the publication of notices (except as otherwise provided by the local
finance law), advertising matters or proceedings as required by this
charter or by law or ordinance. The common council in its discretion
may make any such publication in the city record now being published
by the city under the direction and supervision of the city clerk.
Special meetings shall be called by the president on the written
request of the mayor or five council members. The council may provide
by rule for additional stated meetings and for additional modes of
calling special meetings, and for the form of notices of meetings
and the method of serving same.
A majority of the council members elected shall constitute a
quorum of the council, but less than a quorum may adjourn from time
to time and compel the attendance of absent members.
The council shall determine the rules of its own proceedings;
shall keep a journal of its proceedings; shall have authority to compel
the attendance of absent members and to punish its members for disorderly
behavior and suspend any member with the concurrence of two-thirds
of the council members present.
Each council member, including the president of the council,
shall have equal voting powers. The affirmative vote of a majority
of the members elected to the council shall be necessary to adopt
any resolution or ordinance, or to pass any measure unless a greater
number is required by the provisions of this act or by general law
not inconsistent with this act. The ayes and nays shall be called
and recorded in the journal upon every vote in the council where a
roll call is requested by any member or where more than a majority
vote is required, and every motion, resolution and ordinance shall
be reduced to writing and read before the vote is taken thereon.
Every member of the common council shall have the duty to consider
and address in a timely and thorough manner any concerns regarding
the affairs of the city of Buffalo that are communicated to him or
her by residents of or visitors to the city of Buffalo.
The president of the common council shall preside at all meetings
of the common council and shall appoint all committees, regular or
special, and may appoint and at pleasure remove a secretary.
The city clerk shall be the clerk of the common council and
of its committees and of the pension board and shall be the ex officio
registrar of vital statistics, who shall have the qualifications prescribed
by the public health council of the state, if any are so prescribed.
He or she shall also possess the power and be charged with the duty:
(a)
to appoint such deputies and subordinates as may be permitted by
ordinance and at pleasure to remove them.
(b)
to make up and keep under the direction of the common council a journal
of its proceedings and certify the same and to publish the same in
the manner provided by ordinance.
(c)
to record, in a book to be provided for such purpose, every ordinance.
(d)
to give notice in writing to every officer of his or her election
or appointment and of the amount of his or her bond or undertaking.
(e)
to make or cause to be made publications of all notices, advertising,
matters or proceedings required by provisions of this charter or by
law or ordinance, except as otherwise provided therein.
(f)
to be charged with all the powers and duties conferred by the public
health law and sanitary code of the state on the registrar of vital
statistics and such other duties as may be assigned to him or her
from time to time or be required by him or her by ordinance.
(g)
to exercise such other powers and perform such other duties as may
be conferred upon him or her by the common council or by any provision
of this charter or by any general law.
The deputy city clerk shall, during the absence or disability of the city clerk, possess all the powers and perform all the duties of the city clerk. In the event of a vacancy in the office of the city clerk, the deputy clerk shall act as city clerk until the appointment and qualification of a city clerk. The deputy city clerk, subject to the direction and supervision of the pension boards and the city clerk, shall have immediate supervision of all matters incident to the administration of the provisions of article 25 of this act relating to the police and firemen's pension funds and, subject to the supervision of the city clerk, shall have immediate supervision of all matters incident to the administration of the domestic relations law of the state of New York relating to the issuance of marriage licenses and of all matters incident to the administration of the provisions of the agriculture and markets law of the state of New York relating to the licensing of dogs. He or she shall also perform such other duties as may be assigned to him or her from time to time by the city clerk and as may be required by ordinance.
The deputy city clerk of vital statistics shall supervise the
functions of vital statistics including the prompt and complete return
of births and deaths to the state, supervise the registration of births
and deaths in the city of Buffalo and assign work through subordinates
to affect such and supervise the compilation of records and reports
as required. The deputy city clerk of vital statistics shall be authorized
to act generally for and in place of the city clerk. He or she shall
also perform such duties as may be assigned to him or her from time
to time by the city clerk and as may be required by ordinance.
(a)
A proposed local law may be introduced only by a common council member
at a meeting of the common council. Unless the mayor certifies the
necessity for immediate passage of a local law and it is passed by
two-thirds of the total voting power of the common council, the proposed
local law in its final form shall be upon the desks of the common
council members at least seven calendar days excluding Sundays prior
to its final passage.
(b)
Before it is passed by the common council, a proposed local law that
is not certified as to the necessity of its immediate passage shall
be laid on the table in its final form at least seven calendar days
exclusive of Sunday prior to its final passage.
[Amended 2-20-2001 by L.L. No. 4-2001, effective 3-13-2001]
(c)
A proposed local law that is not certified as to the necessity of
its immediate passage shall be passed by the majority affirmative
vote of the total voting power of the common council. On the final
passage of the local law the question shall be taken by ayes and noes,
and the names of the members present and their votes shall be entered
in the journal of the common council.
(d)
Every local law shall be certified by the clerk after its passage
by the common council and shall be presented to the mayor for his
or her approval. Upon approval and return of the local law to the
clerk, the local law shall be deemed to have been adopted.
(e)
If the mayor disapproves the local law, the mayor shall return it
to the clerk with the objections to it in writing. The clerk shall
return the local law and disapproval to the common council at its
next regular meeting, when the mayor's objections shall be recorded
in the common council journal.
(f)
The common council may reconsider the local law within thirty days
thereafter. If, after reconsideration the local law is repassed by
a vote of at least two-thirds of the total voting power of the common
council, the local law shall be deemed adopted. The votes shall be
taken by ayes and noes, and the names of the council members present
and their votes shall be entered in the journal of the common council.
Only one vote shall be had upon such reconsideration.
(g)
If within thirty days after a local law shall have been presented
to the mayor, the mayor neither approves nor returns the local law
to the clerk with written objections, the local law shall be deemed
to be adopted in like manner as if the mayor had signed it.
The council shall have power to enact ordinances:
(1)
To define and prevent disorderly conduct; to prevent disorderly assemblages;
disturbing noises and drunkenness in public places; to punish vagrants,
beggars and disorderly persons as defined by law.
(2)
To regulate the use of the harbors, canals and other public waters
of the city and to prevent encroachments thereon.
(3)
To license and regulate owners and drivers of all vehicles used for
the transportation of passengers or property for hire and persons
or corporations supplying messenger service and to fix the rates to
be charged by them; to license and regulate pawnbrokers and the business
of pawnbrokerage and to fix the rates to be charged in said business;
to license and regulate plumbers, auctioneers, butchers, hawkers,
peddlers, junk dealers, dance halls, dancing schools and other entertainment
of like character; to prohibit or to license and regulate public billiard
rooms, bowling alleys, solicitors for houses of entertainment, railroads,
vessels and vehicles, and the exhibition of shows of every kind and
of theatrical representations; to prescribe the terms and conditions
on which licenses shall be granted.
(4)
To examine, license and classify the engineers of all steam engines,
stationary or otherwise, except locomotive engines of incorporated
railroad companies and except engines propelling vessels on navigable
waters of the state or of the United States, and to prohibit unlicensed
persons from operating the same; to provide for the inspection of
steam engines and boilers and to prohibit the use of unsafe ones.
(5)
To prohibit or to license and regulate the keeping, sale and conveying
of gunpowder and other explosive substances and other dangerous or
highly inflammable fluid or material, and to provide for the inspection,
forfeiture or destruction of same; to license and regulate the public
and/or commercial parking of automobiles for a fee in open areas,
areaways or spaces.
(6)
To prohibit or regulate the use of locomotives and of steam; to regulate
other motive power and the speed on any railroad within the city;
to require any railroad company to keep a flagman or gates at any
railroad crossing of a public street.
(7)
To regulate the erection and maintaining of wires, cables and other
electrical conductors, and the poles supporting the same, in the streets,
alleys and public grounds, and to require that such wires, cables
and other electrical conductors be placed underground subject to the
restrictions and regulations contained in the ordinance, and to require
the removal of overhead wires, cables and other electrical conductors,
and the poles supporting the same, heretofore or hereafter erected
from any street, alley or public ground, and the placing underground
of such wires, cables and conductors within a reasonable time not
less than six months after the enactment of such ordinance.
(8)
To regulate the sale of fish, meats and vegetables; to prevent the
adulteration of articles of food or drink; the sale for domestic use
of unwholesome articles of food and ice frozen from dirty or impure
water and to provide for the inspection, forfeiture and destruction
thereof; to prevent and punish fraud in sales by weight and measure.
(9)
To prevent and abate nuisances; to prohibit or regulate the blowing
of steam whistles or the ringing of bells; to prevent the emission
of dense smoke, soot or dust; to regulate or prohibit the use of public
pumps, wells, hydrants or reservoirs; to regulate the construction
of public and private sewers, sinks and privies; to locate, regulate
and remove slaughterhouses, butchers' stalls, fish stands, livery
stables, tanneries and unwholesome or noisome buildings or places
and to compel the cleansing of same.
(10)
To regulate burials, incinerations and funerals, and to prescribe
limits in which there shall be no burials or incinerations of the
dead; to locate and regulate mortuaries.
(11)
To regulate the use of the public streets, alleys, parks and
park approaches, wharves and public grounds, and to prevent unlawful
encroachments and encumbrances thereon; to license and regulate the
placing, maintenance and operation in any street, alley or public
ground of newsstands, public telephone facilities, and of tanks, containers,
pumps or other facilities for the storage, sale or distribution of
motor fuel; to prohibit the running at large of animals therein and
to authorize the distraining, impounding and sale of them for the
penalty and costs of the proceeding; to regulate and direct the planting
and care of trees in streets and public places and to spray trees
on lands contiguous thereto; to compel the owners of lands to destroy
noxious weeds growing thereon and owners of vacant lands to fence
or enclose them; to regulate and compel the numbering of buildings
and the naming of streets and alleys.
(12)
To regulate and limit the height and bulk of buildings hereafter
erected and to regulate and determine the area of yards, courts and
other open spaces, and to regulate the density of population in any
given area; to regulate and restrict the location of trades and industries
and the location of buildings designed for specific uses pursuant
to the general city law and to vary or modify any such ordinance in
the manner prescribed in this subdivision; to provide for the appointment
by the council of a zoning board of appeals and to confer on such
board the right to hear any appeal from the decision of the appropriate
officer refusing to grant a building permit, or any order, or requirement
made by such officer in reference thereto in any case that satisfies
the criteria specified in section 80-b of the general city law and
to recommend to the council a variation or modification of the terms
of the ordinance in the particular case so that its spirit shall be
observed, public safety secured and substantial justice done. If the
city shall be hereafter empowered by general law to appoint a zoning
board of appeals, then such board may be appointed and shall have
the powers and authority conferred by such general law with any right
of review conferred thereby upon any person aggrieved.
(13)
To regulate the erection of all buildings and structures in
the city; to define limits within which wooden buildings shall not
be constructed or reconstructed, and the manner in and materials of
which all buildings within such limits shall be constructed; to define
outer limits within which wooden buildings may be constructed or reconstructed
and to provide for a special permit from the appropriate officer for
such construction or reconstruction or from the council, if such officer
refuses the permit; to regulate the construction, maintenance and
cleaning of chimneys, flues, stoves, pipes and other things used for
fire or conducting smoke; to prevent the deposit of ashes in unsafe
places or receptacles; to regulate the use of lights in buildings
in which combustible articles may be deposited; to regulate the carrying
on of factories liable to cause fires; to prevent bonfires in the
streets and public grounds; to regulate or to prohibit the use of
fireworks; to compel the owners or occupants of buildings to have
scuttles in the roofs and stairs or ladders leading thereto; to require
the construction and maintenance of fire escapes on buildings when
and as directed by the commissioner of fire.
(14)
To protect the public health.
(15)
To regulate or to empower the commissioner of police to surprise,
control and regulate the traffic on any food or produce market resorted
to by the public and privately owned and operated, upon the request
of the owner thereof.
|
To regulate, control or prohibit persons from parking, standing
storing or leaving motor vehicles upon any publicly or privately owned
premises, parking areas or parking lots, without the consent and permission
of the owner or lessee of such premises; such ordinances shall contain
a provision for the posting of a conspicuous sign or signs at the
entrances to such parking lot or parking area informing the public
as to the permitted conditions of parking thereon; such ordinances
may be enforced by the police in the same manner as a traffic or parking
ordinance and may provide, among other things, that proof of ownership
of a vehicle shall be presumptive evidence that the owner parked or
caused such vehicle to be parked on such premises, and may authorize
police officers to enter upon such premises at the request of the
owner or lessee thereof to enforce such ordinances.
|
(16)
To regulate the hours during which any establishment or place
may be open for the sale of goods, wares or merchandise.
(17)
To prohibit persons from offering or exposing for sale any goods
or products upon privately owned food or produce markets without the
consent of the owner of such market; to prohibit persons from entering
upon privately owned food or produce markets resorted to by the public
for the purpose of offering or exposing for sale thereon any goods
or products, without the consent of the owner of such market, or for
any other purpose after warning from the owner of such market; and
to prohibit persons from willfully remaining upon such markets after
the direction of the owner to remove therefrom.
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In addition to the power granted by the foregoing subdivisions
of this section and by any other section of this act to pass ordinances
on subjects specifically enumerated therein, the council shall have
power to enact such other ordinances, not inconsistent with the power
and duties conferred by this act, or by any law specially applicable
to the city unrepealed by this act or by any general law, upon any
department, officer, board, commissioner or other agency of the city,
as it may deem necessary and proper for the good government and good
order of the city, the protection of persons and property, the preservation
of health, the exercise of the corporate powers and the performance
of the corporate duties of the city.
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(a)
Every proposed ordinance, unless the common council, by a two-thirds
vote of the members, certifies the necessity for its immediate passage
and every resolution creating a city debt or granting or authorizing
any franchise or right to occupy or use the streets, highways, bridges
or public places for any purpose shall be presented to the common
council in open meeting, shall be read and spread upon the minutes
and shall then remain on file with the city clerk for public inspection
until the next stated meeting of the common council and shall be published
once before the final vote of the common council on its adoption.
(b)
Unless the mayor and the common council, by a two-thirds vote of
the members, certify the necessity for its immediate passage, a proposed
ordinance shall be referred, prior to its passage, to an appropriate
committee of the common council.
[Amended 2-20-2001 by L.L. No. 4-2001, effective 3-13-2001]
(c)
Every ordinance and resolution, after its passage by the council,
shall be presented to the mayor for approval with the following exceptions:
resolutions exercising the powers of appointment of the common council,
certifying the canvass of votes, directing the preparation of plans
and specifications, and advertising for bids for any work or improvement.
(d)
If the mayor approves an ordinance or resolution, he or she shall
sign it and shall return it to the city clerk; it shall then be deemed
to have been adopted. If the mayor disapproves the ordinance or resolution,
the mayor shall return it to the clerk with the objections to it in
writing. The clerk shall present the same to the common council at
its next stated meeting, and such objections shall be recorded in
the common council journal.
(e)
The council within thirty days thereafter may reconsider the same.
If, after such reconsideration, two-thirds of the voting power of
the council entitled to vote thereon if it originally required a majority
vote, or three-fourths of such voting power if it originally required
a two-thirds vote, be cast in favor of repassing such resolution or
ordinance, it shall be deemed adopted notwithstanding the objections
of the mayor. Only one vote shall be had upon such reconsideration.
(f)
If any resolution or ordinance is not returned to the city clerk
by the mayor as disapproved within ten days after its presentation
to the mayor, it shall be deemed to have been adopted.
(g)
Every resolution or ordinance shall become effective immediately
upon its adoption unless a different time is provided in the ordinance.
The common council may provide for referendum in accordance
with section 23-5 of this charter.
Whenever the common council is authorized to fill a vacancy
in an elected or appointed office, the council shall appoint a duly
qualified person to fill the vacancy. Any member of the common council
may be appointed to fill the vacancy upon a determination that the
public interest would be best served by such appointment.
No member of the common council appointed pursuant to the above
provision shall occupy more than one office or position the emoluments
of which are paid from the city treasury, except a council member
may simultaneously occupy the positions of majority leader, minority
leader or council committee chairman.
Nothing contained in this section shall affect the prohibition
against holding other public office contained in section 24-17 of
the charter.
The council in any ordinance or by general ordinance may provide
a fine or penalty not exceeding fifteen hundred dollars for the violation
of an ordinance, and may definitely fix the amount of such fine or
penalty or prescribe a minimum and a maximum amount to be fixed within
such limits by the court or magistrate before whom the matter is tried.
The council in any ordinance or by general ordinance may provide
that any person, upon conviction of a violation thereof, shall be
fined or imprisoned for such time as the court or magistrate shall
fix, not exceeding six months; and such ordinance may authorize the
arrest by any person without process of anyone violating or attempting
to violate such ordinance in the presence of such person.
The council by resolution and by a two-thirds vote of its membership
may compromise or release any liability to the city, including past
due and unpaid taxes and assessments, either before or after sale
thereof to the city, upon such terms and conditions as the council
may impose. Notwithstanding, however, the corporation counsel is hereby
authorized and empowered to compromise or release any liability to
the city where the asserted liability does not exceed twenty-five
thousand dollars, and all such acts by him hereunder are to be reported
to the council and comptroller monthly. Notwithstanding the foregoing,
no such compromise or release shall be made hereunder if the same
shall constitute a gift or loan in aid of any individual, private
corporation, association or private undertaking; and any such compromise
or release must have a clearly tangible benefit to the city of Buffalo.
That the future liability on any bond or undertaking given to the
city shall be deemed released or canceled upon certification to the
common council by the respective department head, agency, commission,
or board that said bond is no longer required or has been replaced
but such release or cancellation shall not affect the liabilities
of the parties to the bond or undertaking for any act or default committed
prior to such release or cancellation. Upon such compromise, release
or cancellation, the city clerk shall execute and deliver, where a
resolution is necessary, a certified copy of the resolution to the
comptroller and in the case of taxes and assessments a duplicate certificate
copy of such resolution to the board of assessors.
Any publication of notices (except as otherwise provided by
the local finance law), advertising matters or proceedings required
by the provisions of this act or by law or ordinance may be made in
one or more daily newspapers published in the city designated from
time to time by the council or the council may in its discretion make
such publications, or any of them, in the city record now being published
by the city under the supervision and direction of the city clerk,
in which case the city clerk shall prepare and distribute to the news
media a summary of such notice.
If more than one daily newspaper is so designated, one publication
in each shall be deemed a single publication but need not be made
on the same day in each newspaper. Whenever successive publications
are required by this act, Sundays and legal holidays are deemed excepted.
The council may by resolution or ordinance direct the city clerk
to prepare and publish the day after each meeting in the daily newspaper
or newspapers so designated a synopsis of the proceedings of the council.
The council shall have power to issue subpoenas for witnesses
to appear or to produce books and papers before it, to administer
oaths to witnesses and to examine them and such books and papers.
If any person duly subpoenaed as a witness shall fail to appear or
appearing shall refuse to testify or to produce any such books and
papers, the council may report the failure of the witness to appear
or his refusal to testify or to produce such books and papers to any
court of record or judge thereof, who may make such order as shall
be proper as to the future appearance of the witness for the purpose
of giving testimony and for the production of any such books and papers
and who may, after due notice and opportunity to be heard, punish
him for any failure to comply therewith as a contempt of court. The
evidence given by persons so examined shall not be used against them
in any criminal proceeding.
The council shall appoint by resolution such number of commissioners
of deeds as it deems necessary for the city of Buffalo. The term of
office of each commissioner of deeds so appointed by the council shall
expire on the thirty-first day of December of the even-numbered year
next after he shall be appointed. Each commissioner of deeds shall
be a citizen of the United States and of the state of New York, who
resides in the city of Buffalo or who resides in the county of Erie
and maintains an office or other place of business in the city of
Buffalo. The city clerk shall immediately after such appointment file
a certificate thereof with the county clerk of Erie county, specifying
the term for which the said commissioner of deeds shall have been
appointed; the county clerk shall thereupon notify such persons of
their appointment, and such persons so appointed shall qualify by
taking the oath of office before such county clerk within ten days
after giving such notice, and the county clerk shall demand and receive
the sum of one dollar from each person so qualifying. Such commissioners
of deeds shall have all the powers and be entitled to the fees and
subject to the duties of commissioners of deeds by and under the general
laws of the state and may exercise such powers and duties at any place
within the county of Erie. The mayor shall be ex officio a commissioner
of deeds, but as such shall not be entitled to receive any fees from
the city.
