This local law may be known and cited as the "Charter of the
City of Olean, New York."
(a)
GENERAL CONSTRUCTION LAW — Unless the context requires otherwise,
the General Construction Law, as now or hereafter amended, applies
to this charter.
(b)
ADDITIONAL DEFINITIONS AND RULES OF CONSTRUCTION — Unless the
context requires otherwise, the following definitions and rules of
construction apply to this charter. In the event of a conflict between
the provisions of this subsection and the General Construction Law,
the provisions of this subsection control.
(1)
CATCHLINES OF SECTIONS, SUBSECTIONS, ETC.; EFFECT OF HISTORY
NOTES — Catchlines for sections, subsections or paragraphs that
are printed in boldface or italicized type are intended as mere catchwords
to indicate contents and are not titles or part of the law, nor shall
they be so deemed when amended or reenacted. History or source notes
appearing in parentheses after sections are not intended to have any
legal effect but are merely intended to indicate the derivation of
the matter contained in the section. All references to articles, divisions
or sections are to the chapters, articles, divisions or sections of
this charter.
(2)
CHARTER — The charter of the City of Olean, New York.
(3)
CITY — The City of Olean, New York.
(4)
COMMON COUNCIL, COUNCIL — The common council of the city.
(5)
COUNTY — Cattaraugus County, New York.
(6)
LIBERAL CONSTRUCTION — This charter is to be liberally
construed.
(7)
MAY — Is to be construed as being permissive.
(8)
MUST — Is to be construed as being mandatory.
(9)
NONTECHNICAL AND TECHNICAL WORDS — Words and phrases shall
be construed according to the common and approved usage of the language,
but technical words and phrases and such others as may have acquired
a peculiar and appropriate meaning in law shall be construed and understood
according to such meaning.
(10)
OFFICIAL TITLES — All references to officers, employees,
boards, commissions and authorities are to officers, employees, boards,
commissions and authorities of the city.
(11)
SHALL — Is to be construed as being mandatory.
(12)
STATE — The State of New York.
(13)
TENSE — Words used in the past or present tense include
the future as well as the past and present.
(a)
All resolutions, ordinances, local laws and special acts of a general
and permanent nature in conflict with this charter are repealed, except
that:
(1)
No special act published in the Consolidated Laws is repealed
unless so stated in this charter; however all portions of such acts
that are inconsistent with this charter are superseded. This subsection
does not revive any portion of any such special act previously repealed
by the city.
(2)
No local law codified in the publication known as the Olean
City Code (which document may not be official as of the date of adoption
of this charter) is repealed.
(3)
Local Law No. 1-1966 (compiled as sections 264-273 of the city's
1971 charter compilation) are saved from repeal.
(4)
The provisions of N.Y. Laws (1915) ch. 535, § 99,
as amended N.Y. Laws (1916) ch. 543, § 1 (compiled as section
331 of the city's 1971 charter compilation) are converted into
an ordinance.
(5)
The last two sentences of N.Y. Laws (1915) ch. 535, § 31
(being the last two sentences of section 118 of the 1971 charter compilation)
are converted into an ordinance; provided that all references in such
sentences to the city clerk are changed to the city assessor.
(6)
The provisions of N.Y. Laws (1915) ch. 535, §§ 82-85,
88-90, as amended Local Law No. 1-1941 (compiled as sections 250-254,
257-260 and 262 of the 1971 charter compilation) are converted into
a local law that is not repealed by this charter.
(7)
The provisions of N.Y. Laws (1915) ch. 535, §§ 91,
92, 97 and Local Laws Nos. 18-1940, 3-1964 (except § 8),
6-1968 (except §§ 5, 6, 10) (all compiled as sections
274, 276, 278-281, 300-309, 315, 316, 321-324, 329, 333 of the city's
1971 charter compilation) are converted into a local law that is not
repealed by this charter.
(8)
The provisions of N.Y. Laws (1915) ch. 535, § 100,
as amended N.Y. Laws ch. 543, § 1 and Local Laws Nos. 3-1979,
1-1987 and 1-1989 are converted into a local law that is not repealed
by this charter.
(9)
The provisions of N.Y. Laws (1915) ch. 535, § 34,
as amended L.L. No. 3-1934, § 5 (compiled as section 188
of the 1971 charter compilation) are converted into as local law that
is not repealed by this charter; provided, however, that the second
sentence of such section is repealed.
(10)
The provisions of N.Y. Laws (1915) ch. 535, § 55,
as amended L.L. No. 3-1934, § 5 (compiled as section 189
of the 1971 charter compilation) are converted into an ordinance.
(b)
Resolutions, ordinances, local laws and special acts not in conflict
with this charter are not repealed and are continued in full force
and effect.
(a)
If approved by the voters at the November 1991 general election,
this charter shall take effect on January 1, 1994.
(b)
Notwithstanding the provisions of subsection (a) of this section:
(1)
The first election for the mayor and councilmembers under this
charter shall be held on the first Tuesday in November 1993 and the
provisions of this charter applicable to the terms of elected officials
and wards shall apply to such election.
(2)
The conversion of certain legislation into local laws or ordinances described in § 1.003(a)(4)—(a)(10) takes effect on January 1, 1992.
The sections, paragraphs, sentences, clauses and phrases of
this charter are severable. If any phrase, clause, sentence, paragraph
or section is declared unconstitutional by the valid judgment or decree
of a court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections.
The citizens of the state who may from time to time reside within
the territorial limits of the City of Olean are hereby created a municipal
corporation in perpetuity to be known as the City of Olean. The city
may take and hold in trust real or personal property for any public
purpose, upon terms as may be prescribed by the grantor or donor and
may provide for the execution of such trusts. The city may sue or
be sued, prosecute and defend in any court of law or equity.
Except as otherwise stated in this charter, the city shall be
a town of the county. All provisions of law not inconsistent with
this charter that are applicable to towns in the county shall apply
to the city. All acts required by law to be performed by the board
of town auditors in towns of the county shall be performed by the
common council. The city shall for all purposes relating to the assessment
and collection of taxes constitute a separate town in the county.
The county legislature shall levy upon the city the proportionate
share or amount of tax authorized by state law for the respective
towns.
The boundaries of the city shall be as established on the effective
date of this charter; such boundaries are ratified and confirmed.
The city court as heretofore created and organized is ratified
and confirmed.
Other agencies, bureaus, departments, boards, commissions or
offices not provided for in this charter exist as provided for by
state law.
