4.2.1 The legislative powers of the city shall be vested in the Common Council, which shall consist of the Mayor and the Councilmen of the city. In the proceedings of the Common Council each member present shall have one vote, except that on matters that subsequently may come before the Mayor for his action as herein provided he shall vote only in case of a tie. The Councilman-at-large shall be president of the Common Council and, in the absence of the Mayor, he shall be its presiding officer. While the Mayor is absent from the city or unable to perform his duties the Councilman-at-large shall be Acting Mayor and have all the powers and duties and be subject to all the obligations and liabilities of the Mayor. He shall not lose his vote as Councilman by reason of his acting as presiding officer of the Common Council, but when he shall vote as Councilman, he shall have no casting vote on a tie.
4.2.2 If both the Mayor and the Councilman-at-large shall be absent from the city or otherwise unable to perform their duties, the Common Council shall choose one of the Councilmen to be acting Mayor and presiding officer of the Council, subject to the provisions of Section 4.2.1.
4.4.1 The Common Council shall have the management and control of the finances, and of all the property, real and personal, belonging to the city, except as otherwise provided by this charter, or by any other provision of law not inconsistent therewith.
4.4.2 It shall provide for the lighting of the streets, highways, parks and public places of the city and make all contracts therefor, and may contract with any person or corporation for the supplying of the electric current; provided, however, that no contract for public lighting shall be made with any person or corporation for a term of more than five years.
4.4.3 The Common Council shall have all the rights, privileges, powers and jurisdiction heretofore or hereafter conferred on it by general and special acts of the legislature. Any provision of a general act of the legislature heretofore enacted, relating to the property, affairs or government of cities, which provisions does not in terms and in effect apply alike to all cities, and which would in its application abrogate or curtail the rights, privileges, powers or jurisdiction of the Common Council, shall be deemed to be superseded and shall not apply to the City of Glens Falls.
4.4.4 The Common Council may, by local law or ordinance not inconsistent with the provisions of this charter or other laws of the state; establish, alter and abolish offices and positions of employment, and define the functions, powers and duties thereof, and fix the term, tenure and compensation thereof; and it shall have power to investigate all city officers and departments; shall have access to all records and papers kept by any city officer or department; and shall have power to compel the attendance of any witnesses and the production of any books, papers and other evidence, at any meeting of the Common Council, or of any committee thereof; and for that purpose, may issue subpoena signed by the Councilman-at-large.
4.4.5 The powers of the Common Council shall be legislative only, except as otherwise provided by this charter, and any other provision of law not inconsistent therewith. The Common Council shall have the power to pass any local law, ordinance or resolution not repugnant to the constitution and laws of this state, for any local purpose pertaining to the government of the city and the management of its business, the protection of the business and property interests of its citizens, the preservation or order, peace and health, and the safety and welfare of the city and the inhabitants thereof, except that it shall not enact or enforce any local law or ordinance or resolution for any purposes pertaining in any manner to the fluoridation of the water under the control of the city or of the water department of the city government; and shall have such powers of legislation, by local law, ordinance or resolution, as are conferred upon it by this charter, or any other provision of law affecting the city, not inconsistent with this charter, except such as are especially conferred by this charter upon any separate department of the city government. Any enumeration of powers in this charter shall not be held to limit the legislative power of the Council except as otherwise specifically provided herein. [Amended 11-7-1972 by L.L. No. 2, 1972[1]]
4.4.6 The Common Council shall have the power also by resolution:
4.4.6.1 To require any building, fence, hedge or other obstruction[2] which is or may be constructed or placed within the line of any street or highway in the city, to be removed therefrom by the owner or occupant; and in all cases of neglect to remove the same, to cause its removal at the expense of such owner or occupant.
4.4.6.2 To compel the owners or occupants of any wall or building within the city, which may be in a ruinous or unsafe condition, to render the same safe, or take or remove the same.
[1]
Editor's Note: L.L. No. 2, 1972 was initiated by petition and adopted by permissive referendum at the general election of 11-7-1972. Section 3 of L.L. No. 2, 1972 also provided that the resolutions of the Common Council made on 7-22-1970, 11-4-1970 and 2-12-1971 approving the fluoridation of the city's water supply and providing for such fluoridation be rescinded and repealed.
[2]
Editor's Note: See also Ch. 104, Fences, and Ch. 189, Streets and Sidewalks.
4.6.1 The Common Council shall hold regular meetings not less than two times a month in the Common Council rooms, and at such times as they shall by resolution designate. In an emergency the Common Council may meet at such alternate public place within the city as it shall designate. At its organization meeting the Common Council shall specify which days of the month shall be the regular meeting days. It shall have authority to change such days by reason of legal holidays. The Mayor or, in his absence, the Acting Mayor, or any three Councilmen may call special meetings by notice in writing, served personally upon the other members of the Council, or left at their residences, at least 10 hours prior to such meeting, or by mailing such notice, special delivery to their respective addresses at least 24 hours prior to such meeting. The Clerk shall also make and serve or cause to be served such notice upon the request of the Mayor or any three Councilmen.
4.6.2 The Common Council shall determine the rules of its own proceedings. A majority shall be a quorum for the transaction of business but a smaller number may adjourn from time to time. In determining whether a quorum is present, the Mayor shall be considered a member of the Common Council. A majority of the Common Council present and voting at any meeting at which a quorum shall be present shall be sufficient to pass any resolution or ordinance, except that all propositions requiring the expenditure of money, affecting any rights of persons or property shall be presented to the Common Council in writing. No ordinance or resolution containing such a proposition or authorizing the collection of money by tax or assessment shall pass unless it receives the assent of a majority of all the Common Council in office, except as otherwise provided by the Local Finance Law. No ordinance shall be passed on the same day that it is introduced, except by unanimous consent of all the elected Councilmen. The "ayes" and "nays" shall be called and recorded on all ordinances and resolutions.
4.6.3 Nothing herein provided shall preclude the adoption of reports, or of the minutes of the Council, the appointment of committees, or referring matters to the same, the publication of any report or proceeding, the granting of any permit, or the adjournment of the Council, by resolution; and all other acts of the Council not herein provided for may be done by resolution.
4.6.4 All meetings of the Common Council shall be public, except when public interest requires secrecy, but no vote shall be taken in secret session. Procedure of the Common Council shall be by local law, ordinance, resolution, motions and ballot.
4.6.5 The Common Council shall, at the first meeting in the year, designate one or more newspapers published in the city, as official newspapers,
4.8.1 Every resolution or ordinance of the Common Council, or any board or commission other than the Board of Public Safety, except rules for its own government, shall, before it takes effect, be presented, duly certified by the Clerk, to the Mayor. If the Mayor approves thereof, he shall sign it within 10 days after the receipt thereof by him and file it signed with the City Clerk. If the Mayor does not approve of it he shall, within 10 days after the receipt thereof by him, return it to the City Clerk with his objections thereto in writing, and a statement that he does not approve thereof, and it shall have no force or effect unless the Common Council, board or commission shall reconsider it and pass it over the Mayor's veto by the concurring vote of at least two-thirds of the total number of members thereof in office, exclusive of the Mayor.
4.8.2 If any such resolution or ordinance so presented to the Mayor shall not be returned by him to the City Clerk, within 10 days after the receipt thereof by the Mayor, it shall, at the expiration of such 10 days, have the same force and effect as if it had been approved by him and filed with the City Clerk. If any such resolution contain one or more items appropriating money, the Mayor may sign it with a written statement appended thereto, that he objects to one or more of such items, and each item so objected to shall have no force or effect unless such items be reconsidered separately by the Common Council, board or commission and passed over the Mayor's veto in the same manner as a resolution vetoed.
4.10.1 Following the passage or adoption of an ordinance pursuant to the provisions of this charter, there shall be published once in the official paper of the city a notice that the ordinance has been passed, a brief description of the substance of the ordinance and of its intent and purpose, and a statement that the same is on file and may be examined at the City Clerk's office. The Common Council may also cause the whole or any portion of the ordinance to be published at that time.
4.10.2 The ordinance shall take effect at 12:01 in the morning on the day following the date of publication unless a later effective date is set forth in the ordinance; provided, however, that an ordinance shall take effect immediately against any person who may be personally served with a copy thereof.
4.12.1 The Common Council may enforce obedience of its ordinances by prescribing therein penalties for each violation thereof not exceeding $100 for any offense. In addition to the penalty, the Council may also ordain that a violation thereof shall constitute disorderly conduct, and that the person violating the same shall be a disorderly person.
4.12.2 If an ordinance of the city prohibits the carrying on of any occupation without a license therefor, the Common Council may fix the fee for such license or may prescribe the minimum and maximum limits of the fee which must be charged therefor by the Mayor upon all applications made to him for such license. The Mayor may grant or refuse such license in his discretion. If the Mayor determines to grant such license he shall issue an order to the City Clerk to issue such license upon the production of a receipt from the City Controller for the amount specified in such order and receipt, and he shall issue such license accordingly. The Controller shall credit all fees so received by him to the general fund. The Clerk shall keep in his office a record of such license, the person to whom it is issued and the fee paid therefor. [Amended 7-20-2000 by L.L. No. 5-2000]
4.12.3 Violations of all ordinances and resolutions may be restrained by the injunction order of any court having jurisdiction. The city may, in its corporate name, bring action for such injunction, and no undertaking upon the granting thereof shall be required of the city. The city may, in its corporate name, sue for and collect the penalties imposed by any ordinance in the city court. The court before whom the judgment shall be rendered for a penalty imposed by any ordinance shall immediately issue an execution thereon and shall endorse upon such execution the cause for which said judgment was rendered, and deliver said execution to a police officer of the city, who shall proceed to collect the same by levying upon and selling sufficient goods or chattels of the defendant to satisfy the claim, provided same can be found.
4.14.1 The Common Council may grant public service franchises for a term not exceeding 10 years, upon such conditions and regulations as it believes to be in the best interest of the city. Such a franchise shall be granted for a longer term than 10 years, upon the submission of a proposition therefor, stating the term, conditions and regulations thereof, at an annual or special election called for the purpose, provided the proposition is carried by a majority of the votes cast.
4.14.2 Should the Common Council deny any application made to it for a public service franchise, it shall upon the petition of 25 electors qualified to vote upon a proposition, submit such application in full, at an annual or special election called for the purpose. If at such election the application shall receive a majority of the votes cast, a franchise therefor shall be immediately granted by the Common Council. A proposition provided for by this section shall not be submitted at an annual election until the applicant therefor files with the Common Council a bond, with sufficient sureties, conditioned that such applicant will upon demand pay to the city the full cost of submitting such proposition. A special election provided for by this section shall not be called until the applicant files with the Common Council a bond, with sufficient sureties, conditioned that such applicant will upon demand pay to the city the full cost of submitting such proposition and calling and holding such special election.
4.16.1 The Common Council and the several committees thereof, and all commissions and boards created by this charter, shall have power to issue subpoenas and to compel the attendance of persons to testify before it or them in respect to any matter pending before or referred to any of them. Such subpoenas may be served at any place within the County of Warren or any adjoining county, in the same manner in which subpoenas issued by a justice of the peace are served.
4.16.2 Any person who shall refuse or neglect to attend or testify in obedience to any such subpoena, or to be sworn or affirmed, or to answer any proper pertinent questions, may be arrested by virtue of an order of attachment, which may be issued by a City Judge upon his own knowledge of such neglect or refusal, or upon the written proof of the service of such subpoena, and such neglect or refusal; and in the absence of a satisfactory excuse therefor, may be punished in the same manner and to the same extent as a witness refusing or neglecting to attend in obedience to a subpoena duly issued and served out of justice court.
4.16.3 The presiding officer or Chairman of the Common Council, or of every committee of the Common Council, or of the various boards and commissions of the city, shall have power to administer oaths or affirmations to all persons who appear or are brought before such Common Council, committee, board or commission thereof, to testify in reference to any matter pending before such Common Council, committee, board or commission.
4.18.1 Whenever it is intended by the city to lay out, alter, widen, extend, contract or discontinue any street, parking lot or public grounds in the city, and the lands of any person or corporation, or any right or easement therein shall be necessary for such purpose; and whenever any land, or rights or easements therein shall be required for any other municipal purpose; the Common Council shall be charged with the procuring of the same. It shall cause the same to be surveyed, and a map to be made and filed in the City Clerk's office, showing the lots, tracts and parcels of land, and rights or easements therein deemed necessary to be taken; and the commencement, course and termination of the aforesaid street, parking lot or public grounds, or other work or improvement planned in or through the said land. For that purpose the Common Council and those acting under its direction may enter upon any grounds in the city.
4.18.2 The Common Council shall then declare by resolution its intention to appropriate the said property for the proposed improvement. It may then acquire the land, or right or easement therein, by gift or purchase. If by purchase, it shall, upon receiving a conveyance thereof, give to the owner such compensation as it shall judge to be reasonable.
4.18.3 If the Common Council cannot agree with the owner for the purchase of any real estate or land, or right or easement therein required for the purpose aforesaid, it may acquire the same by condemnation proceedings as provided by law.
The Common Council may construct such sewers within the city as it deems necessary. Before ordering their construction, it shall publish once in the official newspapers a notice to the effect that at a specified time, not less than five days after publication, it shall meet at the City Hall to hear any objections and any legal evidence which may be given on the matter. After the expiration of two weeks from the day of the first publication of notice, the Common Council shall determine whether such sewers are to be constructed. If so decided, it may at any time thereafter proceed with their construction.
[1]
Editor's Note: For additional regulations on sewers, see Ch. 177, Sewers and Water.
No paving or macadamizing shall be done in any street until the gas and water mains and sewers have been laid therein, curbs put in, and service and house connection pipes laid to property to a point at least within the line of the curbing in such manner as the Common Council shall prescribe. In case of neglect or refusal of the owner to do so, the Common Council is authorized to do such work and the actual expense thereof shall be assessed on the property benefited thereby.
4.24.1 The Common Council shall have the power to require the owner of property abutting upon a street to construct, repair or bring to true grade, with suitable materials and in such manner as the Council may direct, any sidewalk or curb in front thereof, and to remove the snow and ice or other obstructions therefrom.
4.24.2 Where the owner of such property shall fail or neglect to construct, repair or bring to true grade any sidewalk or curb for 10 days after written notice so to do has been served on him, either personally or by delivering the same to him at his last known place of residence, or if the name of the owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises, the Superintendent of Public Works, with the approval of the Common Council, shall have constructed, repaired or brought to grade such sidewalk or curb. Where the owner shall fail or neglect to remove snow and ice or other obstructions from any such sidewalk after it has remained thereon for more than 24 hours, the Superintendent shall have it removed. In either such case, a bill for the expenses incurred thereby shall be presented to the owner in the same manner as the service of notice above cited.
4.24.3 If the owner shall fail to pay the same, the Superintendent shall file with the Common Council a certificate of the actual cost of the work, together with a statement as to the property in front of which the work was done, and the same shall be added by the Common Council to the next city assessment levied on that property, and collected in the same manner as the general city tax.
4.26.1 At the close of the fiscal year, the heads of each board or department, and such other officers as the Common Council shall designate, shall make a written report to the Council of:
(1) The improvements and extensions made by, and the general conditions of, their respective boards or departments.
(2) Such recommendations concerning their respective boards or departments as may be deemed proper.
4.26.2 Nothing herein contained shall be construed to relieve the boards, commissions and officers referred to in this section from furnishing information to the Mayor or Common Council at any other time.