The legislative power, policy making, long-term
and strategic planning functions of the City are vested in the City
Council. Said Council is hereby given authority to enact legislation
for the government of the City, for the safety and well-being of its
inhabitants and for the protection and security of their property.
The City Council shall likewise be vested with the powers, rights
and duties provided by the General Municipal Law and the General City
Law and any other general law of the State of New York in relation
thereto, and any subsequent amendments thereof, but which several
general laws shall be deemed to be grants of supplemental power to
the City Council and not as substitutes for any express provision
of this Charter. The City Council is vested with full authority to
represent and defend the City's interest in any and all matters as
to which provision is not otherwise made by this Charter, and it is
empowered to determine all questions of conflicting authority which
may arise between the several boards, departments and officers of
the City government created by the provisions of this Charter.
A.
The City Council shall consist of nine members. Three
Council members shall be elected at large and one member shall be
elected from each ward.
B.
The City is divided into six wards. Ward boundaries
shall be established by ordinance of the City Council.
C.
Members of City Council shall serve for a term of
two years.
D.
President.
(1)
At the first meeting of the City Council held in January
of each even-numbered year, the City Council shall select by a majority
vote one Council member to serve as President of the City Council.
(2)
The President of the City Council shall preside at
all meetings of the Council, appoint its standing and special committees
and discharge such other duties as may be defined by the City Council.
He or she may vote and participate in the proceedings of the City
Council and for the latter purpose may call any councilperson temporarily
to the Chair.
(3)
In case of the absence from the City or inability
of the Mayor to perform his/her duties, the President of the City
Council shall act as Mayor until the Mayor returns or his/her inability
ceases, and said President of the City Council shall be vested with
the powers and perform the duties of Mayor during the absence or inability
of the Mayor. While performing the duties of the Mayor, the President
of the City Council shall be known and designated as "Acting Mayor."
When so serving as Mayor, the President shall remain President of
the City Council.
(4)
The City Council may at any regular meeting choose
a President Pro Tempore to serve during the temporary absence or inability
of the President.
(5)
If a vacancy exists in the office of Council President
with more than 60 days before the next organizational meeting, the
City Council shall select by a majority vote one Council member to
serve as President of the City Council.[1]
[1]
Editor's Note: Former Subsection E, regarding
the resignation, removal from office or death of the Mayor, was repealed
10-20-2003 by L.L. No. 8-2003.
The City Council shall hold regular meetings
at least once each month; and the Mayor, the President of the City
Council or any three Council persons may call a special meeting thereof,
in writing, to be served personally or by mail on all members thereof.
All meetings shall be open to the public as provided by law and all
official actions shall be taken only at an open meeting.
A majority of the members of the City Council
shall be a quorum for the transaction of business, but a smaller number
may adjourn from time to time and may compel the attendance of absent
members.
Each Council person present at any meeting of
the City Council shall have a vote on every question brought before
the City Council for its consideration, except that no person whose
election as Council person is contested shall be entitled to vote
on any question connected with such contest. No Council person shall
be excused from voting on any question except by a concurring vote
of 2/3 of all members present.
A.
All the legislative acts of the City Council shall
be by resolution, ordinance or local law, sponsored by one or more
of the Council members. All votes shall be by roll call, and the ayes
and nays shall be recorded in the minutes. Local laws, ordinances
and resolutions shall be adopted by the affirmative vote of a majority
of the entire authorized membership of the Council.
B.
Except as otherwise provided by state law, the City
Council is authorized to create, by resolution to be adopted by a
vote of not less than 3/4 of all its members, such other boards and
officers as may be necessary for the proper conduct of the business
and the promotion of the welfare of the municipality.
C.
Salaries of City officers and employees shall be fixed
by City Council and paid at least monthly.
The City Council shall determine the rules of
its proceedings.
The City Council and the committees thereof
shall have the power to issue subpoenas to compel persons to appear
and testify before either of them and to compel persons to produce
all books, papers or documents in respect to any matter pending before
either of them.
The City Council may provide in any local law
or ordinance that any person guilty of an offense shall be guilty
of a misdemeanor and shall be liable to a fine to be prescribed by
such local law or ordinance, but which shall not exceed $1,000 or
to imprisonment to be prescribed by such ordinance, but which shall
not exceed one year, or to both such fine and imprisonment, or such
ordinance may provide for a penalty to be prescribed therein, which
shall not exceed $1,000, to be recovered by the City in a civil action.
The City may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any ordinance of the City Council, notwithstanding
that the ordinance may provide a penalty for such violation. When
judgment shall have been recovered in favor of the City for any fine,
penalty or forfeiture, execution thereon may issue against the person
as well as against the property of the defendant in the manner prescribed
by law for such executions.
The City Council shall designate a newspaper
published in the City to be the official paper, in which shall be
published such matters in such form as shall be prescribed by this
Charter, by law or otherwise by appropriate resolution of the City
Council. Whenever there shall be required to be published an official
notice or other proceeding as to an ordinance or local law, it shall
be necessary to publish only the title and a brief abstract thereof
unless otherwise provided to the contrary.
A.
The City Council shall approve the acceptance of all
streets, alleys and right-of-ways and the abandonment of same. Prior
to the acceptance or abandonment of any street, alley or right-of-way,
the City Council shall hold a public hearing. Notice of such hearing
shall be given by publication in the official newspaper at least 10
days prior to the date of said hearing. Written notice of said hearing
shall also be mailed to the owners of the premises to be affected
thereby to their last known post office addresses, as the same appear
upon the records of the City, at least 10 days prior to the meeting
at which such hearing shall be held.
B.
The City Council shall enact no resolution changing
the name of any street or alley except upon the written petition of
a majority of the owners of property abutting thereon. A 3/4 vote
of all the members of said Council shall be required to approve such
a change.
C.
All streets, lanes and alleys in public use within
said City of which a record as public highways has been filed in the
office of the Clerk of Chautauqua County or of the City Clerk/Treasurer
of the City of Jamestown, and all streets, lanes and alleys therein
not recorded which have been or shall have been worked or improved
and used as public highways for 20 years or more shall be deemed public
highways of the City of Jamestown. The City Council shall have power
to cause all streets, lanes and alleys which have been opened, laid
out or dedicated to public use but not sufficiently described to be
ascertained, described and entered of record in the Department of
Public Works, in a book to be provided by the City for that purpose,
in the manner required by law of Superintendents of Highways in towns;
and the same when so ascertained, described and recorded shall be
public highways of said City.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]
Any real estate belonging to or in control of
the City may be sold at public or private sale and may be leased.
Conveyances may be authorized by a public or by a private sale in
accordance with the following procedures.
A.
A resolution proposing public sale or other conveyance
by sealed bid or public auction shall be authorized by a 2/3 vote
of the entire Council after submission to the Council of a report
on the proposed disposition by the Planning Commission. Thereafter,
notice of the proposed conveyance shall be published once each week
for a period of two weeks in the official paper as designated under
the authority of § C-27 of this Charter. Conveyance to the
successful bidder at the highest bid price shall be approved by further
resolution of the Council, with 2/3 of the Council members concurring.
The City Council reserves the right to reject any or all bids.
B.
A proposed conveyance by private sale shall be authorized
by a 3/4 vote of the entire Council after a report on the proposed
conveyance by the Planning Commission and shall not be made for less
than the fair market value of the property to be conveyed as specifically
determined by a separate resolution of the Council. Notice of any
intended conveyance of any interest of the City in real property by
private sale shall be published in the official newspaper as designated
under the authority of § C-27 of this Charter at least 10
days prior to the passage of any resolution authorizing the conveyance.
The notice shall state the Council's determination of the fair market
value of the property or property interest to be conveyed and the
proposed terms of the private sale. Upon the request of any member
of the Council therefor, the notice shall additionally provide for
a public hearing of the City Council to be held not less than 10 days
after publication of the notice and prior to the consideration of
the resolution.
The City Council may, in any fiscal year, in
accordance with Local Finance Law, in a resolution adopted by a 2/3
vote, direct the temporary transfer of funds to one or more of the
several boards, departments and commissions of the City. Interest
shall be at a rate determined by the City Council.
