There shall be a Common Council which shall consist of the Mayor and six Councilmen elected in the manner provided in Article II. The Common Council shall be a continuing body, and no measure pending before it shall abate or be discontinued by reason of expiration of terms of office, resignation, vacancy or removal of any members thereof.
The Common Council shall be the legislative and governing body
of the City and shall exercise all powers of legislation in relation
to enacting, amending or repealing local laws, ordinances and resolutions.
The Common Council may by local law, ordinance or resolution
establish offices, departments, boards, bureaus, commissions and agencies
in addition to those created by this Charter and may prescribe the
functions of such offices, departments, boards, bureaus, commissions
and agencies subject to all applicable provisions of law.
A.
All of the legislative acts of the Common Council shall be by local
law, ordinance or resolution. The passage of a local law shall be
by an affirmative vote of at least a majority of the Councilmen then
in office. The passage of resolutions and ordinances shall be by a
majority of the total voting strength of the members of the Common
Council present and voting; provided, however, that the Mayor shall
not vote except in a tie, and provided further that the Mayor shall
have no vote upon resolutions involving the expenditure of money or
collection of money by tax or assessment, except a resolution to adopt
the budget. Amendments to the Zoning Ordinance shall be governed by
the provisions of the General City Law, and the Mayor shall not be
deemed a member of the Common Council for computing the vote upon
amendments thereto.
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In acting upon legislative acts, the Common Council shall comply
with the Municipal Home Rule Law and the Local Finance Law, in addition
to the requirements imposed by this section or by any other provisions
of law. No ordinance shall be passed by the Common Council on the
same day it is introduced, except by unanimous consent of all of the
Councilmen present at the meeting and at which at least 2/3 of all
of the Councilmen then in office are present. A resolution may be
passed by the Common Council on the same day it is introduced, unless
otherwise provided by law.
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B.
No appropriation of money shall be made for any use or purpose except
by resolution specifying the amount thereof and the department or
specific purpose for which the appropriation is made. The annual budget
shall be considered to be such a resolution.
C.
Every ordinance enacted by the Common Council shall specify the time
when it shall take effect, which shall not be until after the publication
of the title and a brief description of same once in the official
newspapers of the City. If no time is specified in such ordinance,
it shall take effect immediately after such publication.
The Common Council shall determine the rules of its own proceedings
subject to the provisions of this Charter and other provisions of
law.
[Amended 7-2-2013 by L.L. No. 3-2013]
A.
Regular meetings. The Common Council shall hold its first regular
meeting in each term on the evening of the first Tuesday of January
next following the election of its members, or if that is a holiday,
on the next day, and at that meeting, the Common Council shall organize
and elect a Deputy Mayor. The Common Council shall meet regularly
at least once a month, at times to be determined by it.
B.
Special meetings. Special meetings may be held at any time the Common
Council may direct and may be called by the Mayor or any three members
of the Common Council. The notice of any special meeting shall be
served personally upon each member of the Council or delivered to
his residence or place of business not less than 24 hours before the
time fixed for such special meeting and shall contain a statement
of the specific item or items of business to be transacted. No other
business shall be conducted at such meeting except by unanimous consent
of all members of the Common Council present and voting.
C.
A majority of the Common Council, including the Mayor as a member
thereof, shall constitute a quorum."
A.
The Mayor shall be the presiding officer of the Common Council.
B.
Every resolution or ordinance passed by the Common Council, except
rules for its own government and resolutions for the appointment of
City officers, shall, before it shall take effect, be submitted to
the Mayor, who shall within 10 days after its passage approve or disapprove
the same. If he approves it, he shall sign it with the date of his
approval, and it shall take effect from such date, except as herein
otherwise provided. If he does not approve it, he shall file it with
the Clerk with his objections in writing thereto or to any separate
item thereof. The Clerk shall thereupon present such resolution or
ordinance, together with the Mayor's objections, to the Common Council
at its next meeting, which shall proceed to reconsider the same, or
the items thereof vetoed by the Mayor, and if such reconsideration
or such items shall be repassed by a 2/3 vote of all the Councilmen
then in office, it shall take effect notwithstanding the Mayor's objections,
otherwise it or such items shall not take effect. Any resolution or
ordinance not signed or disapproved by the Mayor within the ten-day
period shall thereafter take effect as of the date of its passage.
C.
The Deputy Mayor shall act as Mayor during the absence or disability
of the Mayor. While serving as Mayor during the absence or disability
of the Mayor, he shall not make any appointments or remove from office
any officer unless such absence or disability shall have continued
for at least 30 days. In case of a vacancy in the office of Mayor,
the Deputy Mayor shall act as Mayor until a Mayor shall have been
elected and qualified.
The City Clerk shall be the Clerk of the Common Council and
shall be responsible for the preparation of the agenda, shall give
notice of special council meetings, shall attend all meetings and
shall discharge such other duties as may be required by this Charter
or other provision of law. He shall keep a journal for public inspection
which shall be the official record of proceedings. He shall have custody
of the City seal and shall affix the same to such documents as required.
The Common Council shall have the power to investigate the official
conduct of all City officers, employees, departments, boards, bureaus,
commissions and agencies. The Common Council shall have access to
all records and papers kept by every City officer, board, bureau,
commission and agency and shall have the power to compel the attendance
of witnesses and the production of books, papers or other evidence
at any meeting of the Common Council or a special committee thereof
and for that purpose or purposes may issue subpoenas signed by the
Mayor or the Chairman of the committee on its behalf.
[Amended by L.L. No. 1-1975]
At the first meeting of the Common Council in each term, the
Common Council shall by resolution designate one newspaper published
in the City to be the official paper of said City.
A.
The Common Council shall be constituted as a committee of the whole.
The Common Council shall not be organized with permanent standing
committees. The Mayor may designate and appoint some members of the
Common Council as a committee for any special purpose, which committee
shall be disbanded upon the completion of its assignment or at the
end of the municipal year in which it is appointed, whichever comes
first. The Mayor may, however, reappoint any of the same members or
appoint new members after the commencement of a new municipal year
to any special committee whose assignment has not been completed at
the end of any municipal year.
B.
The Mayor may also designate and appoint, subject to approval by
the Common Council, a special committee or committees consisting of
other City officials and/or residents of the City, including members
of the Common Council if he deems it desirable, to make studies, investigations,
recommendations and reports on any subject or matter properly before
the Common Council. Such committees shall have such powers and duties
as are assigned to them in a resolution passed by the Common Council
approving the same. The term of any committee appointed pursuant to
this subdivision shall expire upon the completion of its assignment
or at the end of the second municipal year following its appointment,
whichever comes first. Any of the same members may be reappointed
or new members may be appointed to such a committee after the commencement
of a new municipal year in the same manner as hereinabove set forth.
Upon its final passage, every ordinance shall be authenticated
by the Mayor and City Clerk and permanently filed in the ordinance
book in the office of the City Clerk. A true copy of every ordinance
certified by the City Clerk shall be posted in a conspicuous place
in the municipal building for a period of two weeks following final
passage.
The Common Council shall have the power to provide for penalties,
including fine and imprisonment for the violation of any of its ordinances.
Notwithstanding the foregoing, and in addition thereto, the Common
Council may also provide for civil penalties and the City may maintain
an action or proceeding in a court of competent jurisdiction for an
injunction or to compel compliance with the requirements of any ordinance
of the City or take such other action as is permitted by law.
In addition to any other powers conferred upon cities, the Common
Council may take all measures and do all acts by local law, ordinance
or resolution, not inconsistent with the provisions of the constitution
which shall be deemed expedient or desirable for the good government
of the City, its management and business, the protection of its property,
the safety, health, comfort and general welfare of its inhabitants,
the protection of their property, the preservation of peace and good
order, the suppression of vice, the benefit of trade and the preservation
and protection of public works.
[Amended 7-15-2014 by L.L. No. 5-2014]
The Common Council shall have the power to establish an equitable
system or taxation for protection against fire, public safety and
capital improvements in the corporation tax district, outside district
and fire protection districts duly organized in the outside district
and to assess a hydrant tax on any building and lot upon which it
stands situated within 600 feet of a hydrant in either the corporation
tax district or outside district to defray the expense of installation,
inspection, maintenance, repair and replacement of hydrants by the
Water Department. Between the first and 10th day of October in each
year, the Common Council shall make out a list or roll in which they
shall set out the amount assessed for fire protection, public safety
and capital improvements upon any lot, part of a lot or building,
designate the lot or building assessed or in default, in the same
manner as designated in the annual assessment roll; and also on or
before the first day of November of each year, set out the amount
of water rates remaining due and unpaid on the 31st day of October
in each year, for use of water in or upon any lot, part of a lot or
building. It shall cause notice to be published in the official newspaper
for at least one week of the time and place at which hearing shall
be given to those who desire to examine said rolls and to present
their grievances. The Common Council shall meet at the time and place
specified in said notice and after hearing objections shall complete
said assessments and certify the same. The Common Council shall, with
the annual City tax, levy such assessments and unpaid water rates
upon the property described in said roll, and the amounts appearing
thereon shall be extended in a separate column upon the assessment
rolls of the City and shall be levied, collected and enforced at the
same time and in the same manner as is provided for the collection
of other taxes in the City. The rates for the use of water shall,
like other City taxes, be a lien and charge upon the building and
lot in or upon which said water was used as herein provided.
Notwithstanding any inconsistent provision of any general, special
or local law to the contrary, the Common Council of the City of Oneida
is hereby granted the power to adopt or amend local laws modifying
the boundaries of the inside tax district and the outside tax district
of said City so as to extend said inside tax district into contiguous
areas of the outside tax district either in part or in its entirety
as in the sound discretion of the Common Council seems appropriate.
Any such local law as adopted or amended shall be subject to the provisions
of § 24 of the Municipal Home Rule Law.
[Amended by L.L. No. 2-1978]
City real estate may be sold or leased at private sale; provided,
however, that no sale or lease of said real property shall be made
or authorized except by a vote of 3/4 of all of the members of the
Common Council and for a sum at least equal to the market value thereof
at the date of the sale or lease.
[Amended by L.L. No. 5-1979]
The Common Council shall be authorized to lease space in City-owned
real estate for a term or terms of not to exceed five years, without
restriction as to the percent of said building to be covered by said
lease or leases, provided that said space is not currently needed
for City use. The rent shall be in a sum, equal to the reasonable
rental value for the term of said lease and said lease may include
provisions for amendment of the rent and for renewal of said lease
or any part thereof for a period not to exceed the term of the original
lease. At least seven days prior to the signing of such lease, notice
thereof shall be published once in the official newspaper containing
a summary of the terms and conditions of the proposed lease, and a
brief description of the area of space proposed to be leased and the
location of the building in which such space is contained and the
rent to be paid therefor.
