[L. 1916, c. 409; L. 1943, c. 710]
The Mayor of the City of Hornell shall be the chief executive officer thereof. He shall be a member and president of the Department of Public Works. He shall also be a member and the President of the Department of Public Safety and have all the powers hereinafter given to any of the Directors of the Department of Public Works or of the Department of Public Safety. He shall take care that the laws of this state and the ordinances and bylaws passed by the Common Council are faithfully executed in said city; cause the arrest of all persons violating the same, and exercise constant supervision over the conduct of all subordinate municipal officers. It shall be his duty to communicate to the Common Council, within thirty (30) days after entering upon the discharge of the duties of his office, a general statement of the affairs of the city in relation to its finances, government and improvements, with such recommendations as he may deem proper, and to recommend to the Common Council, from time to time, such measures as he may deem necessary or expedient for it to adopt in order to expedite or carry into effect any order, resolution, ordinance or act which it shall have passed. Every order, resolution, ordinance and act of the Common Council which the Mayor approves shall have his approval endorsed, in writing, on a transcript thereof, signed by him officially, and shall be filed with the Clerk. The transcript of every such order, resolution, ordinance and act of which he disapproves shall be returned by him to the Common Council or Clerk, with his objections in writing thereon or attached thereto, which shall be filed with the Clerk, and the Common Council shall at its next regular meeting after such return proceed to reconsider such order, resolution, ordinance or act, and if the same be passed by a concurring vote of two-thirds (2/3) of all members of the Common Council then in office, it shall have full power and effect. If any order, resolution, ordinance or act, a transcript of which shall be presented to the Mayor, shall relate to separate and distinct matters or to one (1) or more items of appropriation or payment of money, the Mayor may approve such order, resolution, ordinance or act and sign the transcript thereof as to one (1) or more of said matters or items, specifying which, and disapprove as to the others. In such cases, he shall annex to the transcript a statement of the matters or items of which he does not approve, with his objections thereto, and such matters or items of which he does not approve shall not take effect unless reconsidered and passed by the Common Council in the same manner as in the case of the Mayor refusing to approve an entire order, resolution, ordinance or act. If any such transcript shall not be returned by the Mayor to the Common Council or Clerk within five (5) days after it shall have been presented to him, Sunday excepted, such order, resolution, ordinance or act shall be of like force and effect as if duly approved by him, unless within such time his term of office shall have expired, in which case the same shall have no force. The Mayor shall have power to summarily revoke, for violation thereof, any license granted by the Common Council until its next regular meeting, when the Common Council shall investigate the matter and dispose of the same as it may deem fit. He shall have the power to hear and entertain any complaint against any appointed officer for misconduct or neglect of duty and shall report the same to the next regular meeting of the Common Council, when such complaint shall be investigated by it and such action taken that shall be deemed just by said Common Council. He shall sign all appointments to office made by the Common Council and all warrants ordered by it for the payment of money by the Chamberlain; and, when authorized by the Common Council so to do, he shall execute, in behalf of the city, all deeds, contracts and other papers to be executed as the act of the city, except as otherwise provided by the Local Finance Law. He shall have the power within said city to administer oaths and take affidavits, and, on filing with the Clerk of Steuben County a certificate under the Seal of the city, signed by the clerk, of his election and of the filing of his oath of office, the Mayor shall have the power to take the proof and acknowledgment of deeds and other instruments therein and may receive therefor the fees that are allowed by law to justices of the peace for like services, except from persons acting for or in the business of the city. In case he shall be unable to perform the duties of his office in consequence of sickness, absence from the city or other cause or if there shall be a vacancy in his office, the Common Council shall select one (1) of its members to preside at its meetings, and the presiding officer thus chosen shall be vested with all the powers and perform all the duties of the Mayor until the Mayor shall resume his office or until the vacancy shall be supplied according to the provisions of this Charter, except that the presiding officer shall not have the power to take proof or acknowledgment of deeds or other instruments, nor shall he act as a director of the Department of Public Works or Department of Public Safety during the disability of the Mayor. The Mayor shall possess all the powers and authority conferred upon mayors of cities by the general statute of this state, except as herein otherwise provided.
[L.L. No. 5-1961[1]]
It shall be the duty of every Council member to attend the regular and special meetings of the Common Council; to act upon committees when thereunto appointed by the Mayor; to report to the Mayor or Common Council all subordinate officers who are guilty of official misconduct or neglect of duty; to perform or assist in performing all such duties as are enjoined upon the Council members of said city separately or upon the Common Council thereof. The Council members of each ward shall be fence viewers and shall possess the powers and authority conferred upon or allowed by law to town fence viewers.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
[1]
Editor's Note: Former Sec. 52, Duties of supervisors, as amended by L. 1943, c. 710, and L.L. No. 1-1983, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
[L.L. No. 1-1962]
The City Assessor shall perform all the duties required of him by this Charter in relation to the assessment of the property in said city, as well, for the purpose of levying taxes imposed by the Board of Supervisors of Steuben County, as those imposed by the Common Council of the City of Hornell, and to that end he shall possess all the powers and authority of town assessors.
[L. 1916, c. 409; L. 1921, c. 153; L.L. No. 2-1967]
The City Attorney shall be the official legal adviser of the Mayor, the Common Council and the Boards, Departments and other offices of the city. It shall also be the duty of the city attorney to prosecute and defend all actions and proceedings by and against the city; to perform such other professional services relating to the city as the Mayor or Common Council or the Department of Public Safety and Department of Public Works and Board of Health may direct and such other duties as provided by this Charter. He shall be of the degree of counselor at law. He shall receive for his services an annual salary to be fixed by the Common Council, payable bimonthly, along with such other remuneration as may be authorized, along with necessary expenses and disbursements incurred by him on behalf of the city under directions of the Common Council or Department of Public Safety or Public Works or Board of Health. All costs in litigated cases wherein the city is successful shall belong to the city.
[L. 1909, c. 363; L. 1916, c. 409; L. 1943, c. 710; L.L. No. 5-1982[1]]
The City Clerk shall have the custody of the Seal, records, books and papers of the city, except as otherwise provided by this Charter; he shall attend all its meetings and act as the Clerk of the Common Council, and he shall record all bylaws, ordinances, rules, regulations, resolutions and proceedings of the Common Council and the proceedings at elections and meetings of the inhabitants of said city. He shall deliver to the Mayor a transcript of all bylaws, ordinances, acts, rules and resolutions of the Common Council. He shall, under the direction of the Common Council, correct all clerical errors in the assessment rolls of said city relating to the description or valuation of property. His office is hereby declared a Town Clerk's office, for the purpose of depositing, filing and entering of record therein all books and papers required by law to be deposited, filed or entered of record in a Town Clerk's office, and he shall in and for said city possess the powers, discharge the duties and receive the fees of a Town Clerk, except as otherwise provided by the Local Finance Law. He shall keep an accurate account of all moneys received by him belonging to the city and shall forthwith, after the receipt by him of any such moneys, pay the same to the Chamberlain, take receipt therefor and file the same in his office and have all receipts ready at all times for examination by the Common Council or any member thereof and furnish to the Common Council each month a statement thereof. He shall countersign all licenses granted by the Common Council and all warrants drawn upon the Chamberlain for payment of moneys belonging to the city and shall keep accurate memoranda of all licenses and warrants in separate books to be provided by the city for that purpose, specifying in the book of warrants the number of each warrant, the purpose for which and the number of voucher and date of resolution upon which it was issued and, in the books of licenses, the date of each license, to whom granted, for what purpose and the amount paid therefor. He shall also keep such other books as may be required by this Charter or by the Common Council. He shall, if required so to do by the Common Council, report, in writing, to each regular meeting thereof the amount of all orders drawn on the several funds in the hands of the Chamberlain since the last regular meeting of the Common Council. He shall perform such services as directed by the Mayor or Common Council relating to the affairs of the city and duties of the Mayor. He shall record all ordinances in a separate book, to be provided by the city and kept for that purpose, and the same shall be properly indexed and always accessible to the public in his office. He shall keep in his office a book in which he shall keep copies of all franchises heretofore or hereafter granted by said city and all contracts entered into on behalf of the city by authority of the Common Council or Department of Public Safety or Department of Public Works, which book shall be called the franchise and contract book of said city. He shall keep in his office a book called a "lien docket," in which he shall enter from time to time the names of all persons upon whose real estate there shall be any lien of unpaid taxes or assessments and a brief description of the property affected thereby, together with the nature and amount of such lien and the date when the same became a lien. He shall be, when required, the Clerk of all departments, commissions and committees created, provided or continued under and by this Charter. He shall receive for his services a salary to be fixed by the Common Council, payable monthly, and no other fee or reward.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
[L.L. No. 2-1978[1]]
A. 
The City Clerk, as purchasing agent for the City of Hornell, shall adopt purchasing procedures as follows:
(1) 
With the exception of purchases made under blanket purchase orders and/or confirming orders (those requiring immediate action), only the person designated as purchasing agent may commit the municipality for a purchase.
(2) 
The material, equipment, supplies and/or services to be purchased shall be of the quality and in the quantity to serve the function in a satisfactory manner as determined by the requisitioner and the purchasing agent.
(3) 
It is the responsibility of the requisitioner to provide an adequate description of items needed so that the purchasing agent may be able to prepare the specifications to procure the desired commodity and/or service. The requisitioner will assist the purchasing agent in the preparation of specifications.
(4) 
Standard lists of commonly used items shall be jointly developed for all categories or groups of supplies by the purchasing agent and the appropriate requisitioners. These lists shall be used as a basis for determining the feasibility of obtaining quotations on quantity purchases or the necessity of advertising for formal bids. They shall also be used as a basis for requisitioning.
(5) 
It is the responsibility of the purchasing agent to make alternative suggestions to the requisitioner if, in the judgment of the purchasing agent, the specifications would restrict competition or otherwise preclude the most economical purchase of the required items. In case of disagreement as to the content of the specifications, the Council, after reviewing all available data, should make the final determination.
(6) 
When a low bidder proposes an alternative as "an equal" to that specified, it is the responsibility of the purchasing agent to determine whether the proposed substitution is, in fact, an equal.
B. 
The City Clerk, as purchasing agent for the City of Hornell, shall adopt the purchasing policies and control, as follows:
(1) 
The purchasing agent shall be responsible for developing and administering the purchasing program of the city.
(2) 
The purchasing procedures employed shall comply with all applicable laws and regulations of the state and/or this Charter.
(3) 
The purchasing agent shall procure supplies and equipment, as needed, at the best possible prices and maintain adequate records to show that this was done.
(4) 
Purchase contracts for materials, equipment and supplies shall be in accordance with Article 5-A, § 103, Subdivision 1, of the General Municipal Law. Charter provisions which are more restrictive would have to be observed. The purchasing agent may be authorized to open and record all bids.
(5) 
Opportunity shall be provided to all responsible suppliers to do business with the city. To this end, the purchasing agent shall develop and maintain lists of potential bidders for the various types of materials, equipment and supplies. Such lists shall be used in the development of a mailing list for distribution of specifications and invitations to bid. Any supplier may be included in the list upon request.
(6) 
When soliciting bids, a statement of General Conditions shall be included with all specifications submitted to suppliers. These general conditions shall be incorporated in all contracts awarded for the purchase of materials, equipment and supplies.
(7) 
All contracts which require public advertising and competitive bidding shall be awarded as provided by law and the rules and regulations of the Council. Recommendations for awarding contracts shall be submitted by the appropriate officer and/or employee.
(8) 
Where formal bidding procedures are not required by law and/or this Charter, quotations shall be solicited.
(9) 
Purchases shall be made through available state contracts of the Office of General Services, Division of Purchasing, or under county contract pursuant to § 408-a of the County Law, whenever such purchases are in the best interest of the municipality.
(10) 
The purchasing agent shall issue purchase orders after first determining that the unencumbered balances of budgetary appropriations are adequate to cover such obligations.
(11) 
Supplies used by various officers and departments shall be uniform whenever consistent with operational goals and in the interest of efficiency or economy. The department head must justify the need for a special type of item; the purchasing agent must evaluate the request for special supplies or services which only one (1) vendor may supply.
(12) 
No official or employee shall be interested financially in any contract entered into by the city. This also precludes acceptance of gratuities, financial or otherwise, by the above persons from any supplier of materials or services to the City of Hornell.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
[L. 1916, c. 409; L. 1921, c. 153; L.L. No. 2-1937; L. 1953, c. 878; L.L. No. 3-1971; L.L. No. 2-1984]
The Chamberlain shall receive, keep safely and disburse all moneys belonging to the city. He shall also be the custodian of all securities, obligations and other evidences of debt belonging to the city. Suitable books shall be provided by the city for his use, in which he shall enter daily all his receipts and payments in such manner as to exhibit the several amounts paid by him or to him under each class of purposes for which money shall be raised by tax in said city, with the names of each person by, to or from whom and on what account the same shall have been paid. He shall deposit, in the name of the City of Hornell, all moneys of said city received by him daily in such banks or trust companies as shall be designated by the Common Council by resolution. Said deposit shall be paid out by the banks only on the warrants of the Common Council, Department of Public Safety and Department of Public Works as provided by this Charter. The Chamberlain shall designate by endorsement on each warrant the bank where the same is payable. It shall be his duty personally to collect and receive at his office all taxes and assessments laid upon said city and to retain there and not elsewhere possession of all warrants and assessment rolls which from time to time shall be delivered to him for collection. He shall, within ten (10) days prior to the annual election in each year and at such other times as the Common Council may require, present to it and file with the Clerk a detailed written statement of all his receipts and payments of money belonging to the city since the date of his last annual report and of the financial condition of the treasury, which statement shall contain the number of each warrant upon which the name of each person to or for whom a payment shall be made by him and the purpose of each payment. The Common Council may cause every such annual report or a condensed statement thereof to be published in the official newspaper. He shall account annually with the Treasurer of Steuben County for all state and county taxes received by him in the manner and within the time required by law of town collectors. He shall have his office in such convenient place in said city as the Common Council shall designate. He shall keep his office open and attend at the same on such days and during such hours as the Common Council may from time to time direct. It shall be the duty of the Common Council, not more than ten (10) days before the annual election in each year, to audit the Chamberlain's accounts and to account with him for all moneys received by him during the preceding year belonging to the city. All fee and interest money received by the Chamberlain of the City of Hornell on account of collections made by virtue of any tax warrant or otherwise shall be paid out by him as directed by the Common Council by the provisions of this Charter, and he shall receive an annual salary to be fixed by the Common Council for his services as City Chamberlain under this Charter, to be paid bimonthly, along with such other remuneration as may be authorized, along with necessary expenses and disbursements incurred by him on behalf of the city under directions of the Common Council or Department of Public Safety or Public Works or Board of Health. Upon the recommendation of the Mayor, filed with the Common Council on or before April 1 of each year, the Common Council may fix and determine what proportion of the Chamberlain's said salary for the then-ensuing fiscal year shall be paid, if any, from the water rents and water penalties collected and to be collected, and the proportion thereof so fixed and determined, but not exceeding the sum of three thousand dollars ($3,000.) shall thereafter be paid in monthly installments from the water fund of the Department of Public Works.
[L. 1953, c. 878; L.L. No. 1-1973]
The City Chamberlain shall, as one of the duties of his duties, execute to the City of Hornell a bond in the penal sum of twenty-five thousand dollars ($25,000.) or such further sum as the Common Council may direct, with a surety company as surety to be approved by resolution of the Common Council and the expenses and charges of procuring said surety company bond shall be a charge against said city. Said bond shall be conditioned that the Chamberlain shall honestly and faithfully discharge the duties of his office and account for and pay over all moneys which shall come into his hands as such Chamberlain. No warrant for the collection or reception of any tax shall be delivered to said Chamberlain until such bond shall have been executed, approved and filed as herein provided.
[L. 1915, c. 398; L.L. No. 1-1962]
The Commissioner of Public Welfare shall have and exercise within said city the same powers and discharge the same duties as Commissioners of Public Welfare of the towns of Steuben County and shall receive for his services a salary fixed by the Common Council, to be paid monthly by the Common Council of said city, and no other fee or reward. He shall make an itemized report, in writing, to the Common Council on the first day of each month of all assistance furnished by him in providing for the poor of said city, giving the names of all such persons and the kind and nature of assistance rendered; the names of all persons sent to Saint James Mercy Hospital and the date of sending and date of their discharge; and all cases retained in the hospital beyond sixty (60) days shall be reported as renewed certificates. For a failure to make such report each time, he shall forfeit to said city the sum of fifty dollars ($50.). He shall have the power to administer an oath to and examine under oath any person applying to him for relief, and false swearing upon or at such examination shall be deemed willful perjury.
[L. 1921, c. 153]
No officer of said city shall retain for his own use any money or fees received by him as such officer; and except as otherwise provided for herein, when he shall have received any money or fees as such officer, he shall pay the same over to the City Chamberlain, and it shall be placed to the credit of such fund as the Common Council shall direct or as herein provided. No officer elected or appointed shall receive any perquisite, emolument, fee or compensation, except salary or pay from the city or a department thereof, for any act done or service rendered by him in his official capacity except as herein provided; nor shall be accept or receive any sum of money or other valuable thing, fee or commission upon or derive any advantage from the sale or hiring of any property to or by the city or any department thereof; nor shall any officer of said city, elected or appointed, be interested directly or indirectly, as an attorney or counsel, in the collection of any claim of any nature whatsoever against said city; nor shall he be interested, directly or indirectly, as attorney or counsel, in the prosecuting of any claim against said city or in the prosecution or trial of any action against said city, excepting, however, all cases where he is the original owner of the claim. The violation of any provisions of this section shall be a misdemeanor.