[Amended by L. 1943, c. 710; by L.L. No.
1-2011; 12-7-2022 by L.L. No. 13-2022]
The President of the Common Council and the Aldermen from the
respective wards of said city shall constitute the Common Council
thereof. At all meetings of the Common Council, each Alderman present
shall have one vote. The President of the Common Council shall be
the presiding officer of the Common Council. The President of the
Common Council shall have a vote as Alderman thereof, but when he
shall vote as an Alderman, he shall have no casting vote on a tie,
and for the purpose as provided by this Act, shall be deemed an Alderman.
The Common Council shall hold regular or stated meetings on
the first and third Wednesday evenings at 6:30 p.m. in each month
in the Common Council rooms and at such other times as they shall
by resolution prescribe.
The Mayor, President of the Common Council or any three Aldermen
may call special meetings by notice, in writing, served personally
upon the other members of the Common Council or left at their usual
places of abode.
The Common Council shall determine the rules of its own proceedings
and be judges of the election and qualifications of its members.
The Common Council may at any regular meeting elect one of its
members President Pro Tem to act during the temporary absence or disability
of the President and who shall be President of the Common Council
in case of a permanent vacancy in that office.
The attendance of absent members may be compelled by the Common
Council or at a meeting thereof at which less than a quorum is present
by entry of a resolution and order in the minutes directing the Chief
of Police or any police officer of the city to arrest such absent
member and take him before the Common Council at a meeting at which
said member was absent or at the next or subsequent meeting of the
Common Council, to answer for his neglect.
A majority of the Common Council shall be a quorum for the transaction
of business, but a smaller number may adjourn from time to time.
A majority of the Aldermen present and voting at any meeting
of the Common Council at which a quorum shall be present shall be
sufficient to pass any resolution or ordinance, except that no resolution
authorizing or involving the expenditure of money or collection of
money by tax or assessment shall pass unless it shall receive the
assent of a majority of the Aldermen in office, except as otherwise
provided in this Act. Resolutions authorizing the issuance of obligations
shall be enacted pursuant to the Local Finance Law.
The ayes and noes shall be called and recorded on all resolutions
and appointments.
All meetings of the Common Council shall be public, except where
the public interest requires secrecy, but no vote shall be taken in
secret or in executive session thereof.
Every resolution or ordinance of the Common
Council, except rules for its own government, shall, before it takes
effect, be presented and 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 so 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, stating that he does not approve thereof, and
it shall have no force or effect unless the Common Council shall thereafter
reconsider it and pass it over the Mayor's veto by the concurring
vote of at least 2/3 of the total number of Aldermen in office, which
vote shall be taken by the ayes and nays and entered on the minutes
together with the objections of the Mayor. 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 receipt thereof by him, it
shall, on 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,
except as in this section otherwise provided. If any such resolution
contains one or more items appropriating money, the Mayor may sign
it, with the written statement appended thereto, that he objects to
one or more of said items, and such item objected to shall have no
force or effect unless said item be reconsidered separately by the
Common Council and passed over the Mayor's veto in the same manner
as a resolution wholly vetoed. Except for the rules of the government
of the Common Council, no resolution or ordinance of the Common Council
shall have any force or effect or be deemed to have been enacted by
the Common Council unless it shall be approved by the Mayor or be
not returned by the Mayor to the City Clerk within 10 days after the
receipt thereof by him, unless it be passed over the Mayor's veto
in pursuance of this section.
[Amended by L. 1953 c. 878, § 260; L.L. No. 3-1990]
The Common Council may raise, by tax upon the
real and personal property assessable in the city in each year, certain
amounts which will be estimated and designated each year for the following
purposes:
1.
For the payment of the expenses of the Police Department,
including the salaries of the officers and employees of the Fire Department
and for the supplying and keeping in good order fire engines, hook-and-ladder
wagons, fire alarms, telegraph and other apparatus necessary for the
extinguishment of fires.
2.
For the paving, repairing and keeping in order the
highways, crosswalks, gutters, lanes, public places and grounds in
said city; for the services of the Commissioner of Public Works and
the persons employed under his direction, and the erection and maintenance
of bridges, culverts and other expenses relating to the streets, docks
and highways, to be designated the "Street Fund."
3.
A sum necessary for defraying the expenses of constructing,
repairing and keeping in order the sewers, to be designated the "Sewer
Fund."
4.
A sum necessary for the lighting of streets and public
buildings of the city and the expenses of maintenance of necessary
apparatus and fixtures connected therewith, to be designated the "Lighting
Fund."
5.
A sum necessary for supplying water to public buildings
and for the extinguishment of fires to be designated the "Water Fund."
6.
A sum necessary for the maintenance and keeping in
good repair and order and furnishing of public buildings and offices,
to be designated the "Building Fund."
7.
(Reserved)
8.
A sum necessary for the defraying of general and contingent
expenses of the city, for the payment of the salaries of officers
and employees not otherwise provided for and for the compensation
of such clerical assistants to the city officers employed by the authority
of the Common Council, to be designated the "general city fund."
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In addition to the amount which shall be included
in the annual city tax levy for the foregoing purposes, there should
be included therein such amount as shall be necessary to meet the
principal and interest on the bonded and other indebtedness of the
city falling due during the fiscal year for which the tax is levied
and to meet all the indebtedness remaining unpaid on all judgments
against the city.
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There shall be included in the annual city levy
such further sums as may be voted by the Common Council for the purchase
of real property, the construction of new building or buildings or
for any other special municipal purpose and for such other sums as
the Common Council is authorized to expend by the provisions of this
Act or the general laws in anywise relating or appertaining thereto.
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[Amended by L. 1953, c. 878, § 261; L.L. No. 3-1990]
The officers and heads of the city departments
and boards shall each deliver to the Mayor, on or before the 15th
day of May in each year, a report of all expenditures made or incurred
by such board or officers during the year ending the first day of
May next preceding, showing separately and by items the amount expended
from each fund which may be drawn on by such board and the balance
at the end of such year standing to the credit of each such fund;
the amounts that will probably be expended from each such balance
during the months of May, June and July next following and the purposes
for which said expenditures will probably be made; the balance which,
in the judgment of such board or officer, will probably be standing
to the credit of each such fund at the beginning of the next fiscal
year; the amount which, in the judgment of such board or officer,
will need to be expended during the next fiscal year from each such
fund, the items thereof and the reasons therefor as far as practicable
and the amount and condition of all trust funds held by him or them.
The City Treasurer shall, on or before the 15th day of May in each
year, deliver to the Mayor a report showing separately, in like detail,
the expenditure from the Police and Fire Fund and the Street, Sewer,
Lighting, Water, Building, and General City Funds during the year
ending the first day of May next preceding; the balance at the close
of such year, standing to the credit of each of such funds; the amount
that, in his judgment, will probably need to be expended from and
will probably be paid into each of such funds during the months of
May, June and July next following; the amount that, in his judgment,
will probably be standing to the credit of the city funds the beginning
of the next fiscal year; a statement, in detail, of all judgments
against the city then remaining unpaid; an itemized statement of the
principal and interest on all bonded or other indebtedness of the
city that will fall due during the next fiscal year; a statement in
detail of the amount of unpaid taxes and local assessments theretofore
assessed and remaining unpaid; the amount which, in his judgment,
will probably be received by the city therefrom during the next fiscal
year or expenditures made or incurred by the city and chargeable to
property owners or other persons remaining unpaid; and the amount
which, in his judgment, will probably be received by the city therefrom
during the next fiscal year; the amount which, in his judgment, will
probably be received by the city as fees for licenses during the next
fiscal year; the amount of fees received by the City Clerk for certified
copies of papers during such preceding year and the amount of such
fees that will, in his judgment, probably be received by him for such
fees during the next fiscal year and an estimate of all other probable
receipts and expenditures of the city during the next fiscal year,
which no other officer or city board is required by this section to
include in his annual report. The City Judge shall deliver to the
Mayor on or before the 15th day of May in each year a report of all
moneys received by the City Judge for fines and penalties during the
year ending the first day of May next preceding and an estimate of
the amount of fines and penalties that, in his judgment, will probably
be received by the City Judge during the next fiscal year. The Mayor
may require further or more detailed financial reports from any of
such boards or commissions or from any of the city officers.
[Amended by L. 1953, c. 878, § 262; L.L. No. 3-1990; 5-16-2012]
The Mayor of the city shall, on or before June
1 in each year, present to the Common Council his estimate of the
amount deemed by him necessary to be raised by taxes in the annual
city tax levy for the ensuing fiscal year, for each of the funds,
the total amount deemed by him necessary to be raised by city tax
in such annual city tax levy and the amount which, in his judgment,
will probably be received by the city during such fiscal year from
all other sources than the annual city tax levy, specifying the amount
from each source by items. He shall, at or before the time of presenting
such estimates, file with the City Clerk the reports delivered to
him in pursuance of the preceding section. The Common Council shall,
on or before the first day of July in each year, consider such estimates
and may revise such estimates for all funds by increasing or reducing
the amount of the Mayor's estimate therefor and shall finally determine
the total amount to be raised by taxes in the annual city tax levy
for the next fiscal year. Such determination shall be subject to the
veto of the Mayor and passed over his veto as in this Act provided.
Except as herein otherwise provided, all moneys
belonging to said city shall be paid to the Treasurer thereof and
deposited to the credit of the general fund, and all payments of money
made by the city or by any board or officer thereof and authorized
by or in pursuance to law and the fund from which said payment is
not otherwise designated shall be made from the general city fund.
[1]
Editor's Note: Former § 72, Excise;
fund into which moneys are to be paid, was repealed by L.L. No. 3-1990.
[Amended by L. 1953, c. 878, § 263]
The Common Council may subdivide the funds of the city as established by § 68 of this Act and may by resolution, if, in its judgment, the interests of the city require, direct the transfer of money from one such city fund to another or to or from the Poor Fund, and the City Treasurer shall reinstate his accounts of the funds so changed accordingly, and any unexpended balance which will remain in any of the city funds or any special fund which may be created by the Common Council shall be under the control and direction of the Common Council and shall be transferred to or from any city fund or the general fund as the Common Council shall determine.
[Amended by L. 1943, c. 710; L.L. No. 3-1990]
The general legislative powers of the city,
for all proper municipal purposes except such powers as may be vested
in other city boards, commissioners or officers, shall be vested in
the Common Council thereof. The Common Council shall provide for lighting
the streets and public places of the city, the expense of which shall
be payable from the Lighting Fund. For the construction, maintenance,
improvement, repair and cleaning of streets, sidewalks, crosswalks,
culverts, bridges, gutters, public grounds and parks of the city and
for improving the channels of all creeks and streams passing through
the city, for removing obstructions therefrom and for covering the
same by arches and keeping them in repair and for the paving, macadamizing,
sprinkling and cleaning of streets, the city's share of which expenditures
shall be payable from the Street Fund. For construction, maintenance,
improvement, repairing and cleaning of the sewers of the city, the
city's share of the expenditure shall be payable from the Sewer Fund.
For the maintenance of the Police Department as provided by this Act
and for the maintenance of the Fire Department as provided by this
Act, the city's share shall be payable from the Fire and Police Fund.
For the furnishing of pure and wholesome water for use by the inhabitants
of said city, for extinguishing fires and for providing, constructing
and laying necessary apparatus, mains and hydrants therefor, the expense
of which shall be payable from the Water Fund. The expense of keeping
in repair the public buildings of the city and for the necessary office
room for the city offices and necessary office furniture, books and
stationery shall be payable from the Building Fund. All expenditure
made or incurred by the Common Council or any board or officer of
the city not charged under this Act to any other city fund shall be
payable from the general city fund. All expenses incurred for each
local improvement which is chargeable to the neighboring property
owners and collectible by local assessment if advanced by the city
in anticipation of the collection of a local assessment shall be payable
from the general city fund.
Nothing contained in this section shall be construed
to prevent the city from financing pursuant to the Local Finance Law,
in whole or in part, any of the expenditures enumerated in this section.
[Amended by L. 1920, c. 866; L. 1953, c.
878, § 264; L.L. No. 1-1960; L.L. No. 3-1990; 12-21-2022 by L.L. No. 15-2022; 1-4-2023 by L.L. No. 1-2023]
1.
All
contracts for public work involving an expenditure of more than $35,000
and all purchase contracts involving an expenditure of more than $20,000
shall be awarded by the Common Council to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids
in the manner provided by this section. In cases where two or more
responsible bidders furnishing the required security submit identical
bids as to price, the Common Council may award the contract to any
of such bidders. The Common Council may, in its discretion, reject
all bids and readvertise for new bids in the manner provided by this
section. The monetary thresholds contained in this section shall automatically
be increased to match the thresholds contained in New York State General
Municipal Law Section 103 as such State law is updated in the future.
2.
Advertisement
for bids shall be published in an official newspaper and shall contain
a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read. All bids received
shall be publicly opened and read at the time and place so specified.
At least five days shall elapse between the first publication of such
advertisement and the date so specified for the opening and reading
of bids.
3.
Upon
the adoption of a resolution by a vote of at least 2/3 of all the
members of the Common Council stating that, for reasons of efficiency
or economy, there is need for standardization, purchase contracts
for a particular type or kind of equipment, material or supplies of
more than $20,000 may be awarded to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids
therefor in the manner provided in this section. Such resolution shall
contain a full explanation of the reasons for its adoption. The monetary
threshold contained in this section shall automatically be increased
to match the threshold contained in New York State General Municipal
Law Section 103 as such State law is updated in the future.
[Added 1-4-2023 by L.L. No. 1-2023]
1.
Title. This article shall be known as "The City of Rensselaer Best
Value Competitive Bidding Law."
2.
Legislative intent. New York State General Municipal Law Section 103(1) allows the City to authorize, by local law, the award of certain purchase contracts, including contracts for service work subject to competitive bidding under General Municipal Law Section 103 on the basis of "best value" as defined in Section 163 of the New York State Finance Law or any state law superseding or amending said provision. The best value option may be used, for example, if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offerer if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented.
3.
Best value. The Common Council may award purchase contracts after bidding, including contracts for services work, on the basis of "best value," as that term is defined in New York State Finance Law Section 163. All awards based on best value shall require Common Council approval.
4.
Applicability. The provisions of this article apply to City purchase
contracts (including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to Article 8 of the New York State Labor Law) and
any other contract that may in the future be excluded under state
law from the best value option. If the dollar thresholds of New York
General Municipal Law Section 103 are increased or decreased in the
future by the State Legislature, the dollar thresholds applicable
herein shall be deemed simultaneously amended to match the new General
Municipal Law thresholds.
5.
Standards for best value. Goods and services procured and awarded
on the basis of best value are those that the Common Council determines
optimize quality, cost and efficiency, among responsive and responsible
bidders or offerers. The determination shall be based on an objective
analysis of clearly described and documented criteria as they apply
to the rating of bids of offers. Where possible, such determination
shall also be based upon and include a quantifiable analysis of the
same. The criteria may include, but shall not be limited to, any or
all of the following: cost of maintenance, proximity to the end use,
if distance or response time is a significant term; durability, availability
of replacement parts or maintenance contractors; longer product life;
product performance criteria; and quality of craftsmanship.
6.
Basis for determination. Whenever any contract is awarded on the
basis of best value instead of lowest responsible bidder, the basis
for determining best value shall be thoroughly and accurately documented.
7.
Inconsistent provisions. This local law is incorporated by reference
into the City of Rensselaer Procurement Policy. Any inconsistent provisions
of the City's procurement policy, as adopted prior to the effective
date of this article by resolution of the Common Council, or as amended
thereafter, shall be deemed superseded by the provisions of this article.
[Amended by L.L. No. 1-1960]
Notwithstanding the provisions of § 75, in the case of a public emergency arising out of an accident or other unforeseen occurrence or condition whereby circumstances affecting the life, health or safety of the inhabitants of the City of Rensselaer require immediate action which cannot await competitive bidding, contracts for public works or the purchase of supplies, material or equipment may be let by the Common Council.
[Amended 7-1-2020 by L.L. No. 6-2020]
No claim against the City except for a fixed
salary, for the principal or interest on a bonded or funded debt or
other loan, or for the regular or stated compensation of officers
or employees in any city department, or for work performed or materials
furnished under contract with the City, shall be paid unless a claim
therefor, in such form as the Comptroller shall prescribe, and approved
by the head of the department or officer whose action gave rise or
origin to the claim, shall have been presented to the Comptroller,
and shall have been audited and allowed by the Comptroller. The Common
Council, by resolution, may require that claims be certified or that
they be verified by oath of the claimant or claimant's duly authorized
agent. The Comptroller shall cause each such claim, upon presentation
to the Comptroller for audit, to be numbered consecutively and the
number, date of presentation, name of claimant and brief statement
of character of each claim shall be entered in a book or computer
ledger kept for such purpose, which shall at all times during normal
office hours the Comptroller be so placed as to be convenient for
public inspection and examination. No claim shall be audited or paid
until at least five days have elapsed after its presentation to the
Comptroller, and the Comptroller shall not be required to audit a
claim until two weeks have expired after the expiration of such period
of five days. Notwithstanding the foregoing, the Comptroller is hereby
authorized to pay by direct withdrawal from City funds normal and
customary cyclical bills of the City for ongoing services, such as
utilities, insurances, and the like, so as to avoid otherwise applicable
penalties and late fees. Such payments still are subject to audit
and review. The Comptroller is authorized, in considering a claim,
to require any person presenting the same for audit to be sworn before
the Comptroller, and to give testimony touching upon the justness
and accuracy of such claim, and to take evidence and examine witnesses
in reference to the claim, and for that purpose, the Comptroller may
issue subpoenas for the attendance of witnesses. If the claimant be
dissatisfied with the audit the claimant may appeal to the Common
Council by serving a notice of appeal in writing upon the Comptroller
and the Common Council at any time before the first regular meeting
of the Common Council that is held after the claimant receives the
Comptroller's audit. If the Common Council, or any taxpayer be dissatisfied
with such audit, the Common Council, or the taxpayer, may appeal to
the Common Council, in like manner, by serving a written notice of
appeal upon the claimant and the Comptroller and the Treasurer within
10 days after the meeting of the Common Council at which such claims
shall have been reported by the Comptroller. The Common Council shall
make rules for the procedure upon the hearing of such appeals and
the decision and audit of the Common Council, after the hearing upon
the appeal to it, shall be final and conclusive as to the amount of
the claim; but if there be no appeal from the original audit it shall
in like manner be final and conclusive. The Comptroller and the Common
Council upon an appeal to it, as herein provided, shall have authority
to take evidence and examine witnesses in reference to the claim and
for that purpose may issue subpoenas for the attendance of witnesses;
and the Comptroller and each member of the Common Council is hereby
declared to be ex officio a commissioner of deeds. When a claim has
been finally audited by the Comptroller, the Comptroller shall endorse
thereon or attach thereto the Comptroller's certificate as to such
audit, and the same shall thereupon be filed in and remain a public
record in the office of the Comptroller. If any person shall present
to the Comptroller for audit a claim in the name of any person or
firm other than that of the actual claimant that person shall be guilty
of a misdemeanor.
[Amended by L.L. No. 1-1953; L.L. No. 3-1990]
1.
No civil action shall be maintained against the city
for damage or injuries to person or property sustained in consequence
of any street, highway, tree, bridge, culvert, curb, sewer, sidewalk
or crosswalk being defective, out of repair, unsafe, dangerous or
obstructed unless a prior written notice of the defective, unsafe,
dangerous or obstructed condition of such street, highway, tree, bridge,
culvert, curb, sewer, sidewalk or crosswalk was actually given to
the Commissioner of Public Works or City Clerk and that there was
a failure or neglect within a reasonable time thereafter and before
the accident to remedy the condition complained of.
2.
No civil action shall be maintained against the city
for damages or injuries to the person sustained solely in consequence
of the existence of snow or ice upon any sidewalk, curb or street
unless written notice thereof relating to the particular place was
actually given to the Commissioner of Public Works and there was a
failure or neglect to cause such snow or ice to be removed or the
place otherwise made reasonably safe within a reasonable time after
the receipt of such notice.
3.
The city shall not be liable in a civil action for
damages or injuries to person or property or invasion of personal
or property rights of any name or nature whatsoever, whether casual
or continuing, arising at law or because of any omission of duty,
wrongful act, fault, neglect, misfeasance or negligence on the part
of the city or any of its agents, officers or employees unless a claim
therefor, in writing, pursuant to and in compliance with the provisions
of § 50-e of the General Municipal Law of the State of New
York, be served upon the city and not unless an action shall be commenced
thereon within one year after the happening of such accident or injury
or the occurrence of such act, omission, fault or neglect; but no
action shall be commenced to recover upon or the enforcement of any
such claim against the city until the expiration of three months after
the service of said notice upon the city. Nothing herein contained,
however, shall be held to revive any claim or cause of action now
barred by any existing requirement or statute of limitation nor to
waive any existing limitation now applicable to any claim or cause
of action against the city.
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Nothing herein contained, however, shall be
deemed to repeal or in anywise affect the validity of the provisions
of § 50-e of the General Municipal Law of the State of New
York.
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[Amended L.L. No. 3-1990]
The Common Council shall have power within the
city to make and repeal ordinances, resolutions, rules and regulations,
in addition to the powers herein conferred in relation to the following:
1.
To direct the digging down, draining or filling up
of lots, whenever deemed necessary to prevent injury to the streets,
side or crosswalks at the expense of the owner of such lots.
2.
To direct the sprinkling. sweeping and cleaning of
the streets and public places of the city.
3.
To order and regulate the planting, removing, rearing,
trimming and preserving of ornamental and shade trees in the streets
of the city at the expense of the owners of the property fronting
thereon.
4.
To regulate and provide for the erection of a railing
or guard along the street and sidewalk in exposed and dangerous places
and to compel the payment of the expense thereof by the abutting owners.
5.
To require any building, fence or other erection within
the lines of any street to be removed therefrom by the owner or occupant
of the abutting property and, in case of the neglect so to remove
the same, to cause its removal at the expense of such owner or occupant.
6.
To compel the owner or occupant of any building or
wall which may be dangerous or in an unsafe condition on account of
fire or otherwise to render the same safe or to take down and remove
the same and, in case of his neglect to do so, to cause it to be taken
down or removed at the expense of the owner or occupant.
7.
To direct the owners of any building used for public
entertainment or other public purposes to provide the same with suitable
and sufficient fire escapes and means of exit in case of fire in the
manner provided by the Common Council and, in case of failure or neglect
of such owner so to do, to do such work at the expense of the owner.
8.
To authorize any city officer or any person designated
by the Common Council to inspect any place or places to ascertain
whether the same are in safe conditions and if not, to require the
same to be made safe and, if the owner thereof shall neglect or refuse
so to do, to close such place to the public or to cause the same to
be made safe at the expense of the owner.
9.
To prevent any encumbrance, encroachment or obstruction
in or upon any street, alley, curb, sidewalk, crosswalk, highway or
public ground of said city.
10.
To regulate and prevent the deposit of building materials
in or upon streets, alleys, curbs, sidewalks, crosswalks or highways
or public grounds and, in case of neglect or refusal of any person
who shall have caused such encumbrance, encroachment, obstruction
or deposit contrary to any rule or ordinance or the owner or occupant
of any premises upon which shall be any building, fence or other obstruction
or thing encroaching upon, encumbering or obstructing any such street,
alley, curb, sidewalk, crosswalk or highway or public ground to remove
the same after being notified to do so, to have power to do so at
the expense of such person or such owner or occupant.
11.
To compel the owner of any premises in said city to
remove all dirt from the sidewalks and curbs adjoining such premises
and, in case of neglect or refusal of such owners to remove the same,
to cause the same to be done at the expense of the owner or occupant.
12.
(Reserved)
13.
(Reserved)
14.
To regulate and superintend the laying of all gas,
water and other pipes and to fix the grade at which such pipes be
laid and to compel the laying and relaying of the same in accordance
with such established grade; to require any individual, company or
corporation, after laying, relaying or repairing such pipes in any
street, alley or highway in said city, to put such street, alley or
highway in good condition or repair.
15.
To remove without unnecessary delay all encumbrances
and obstructions which an individual, corporation or company may have
placed or caused to have been placed in any street, alley or highway.
16.
To require an individual, corporation or company to
keep proper signal lights burning at night at all holes, ditches and
places which have been rendered dangerous by them to persons traveling
such street, alley or highway.
17.
In case an individual, corporation or company shall
neglect or refuse to do any of the acts required of him or it by this
section after being notified to do the same, to cause the same to
be done at the expense of such individual, corporation or company.
18.
To prevent or regulate the construction or erection
of any building, awning or other structure which shall project over
or into any sidewalk in said city and the hanging or suspending of
any goods, signs or other things in or upon any such street or sidewalk
and, in case the owner or occupant of such premises shall neglect
or refuse to remove the same after being notified to do so, to remove
the same at the expense of the owner or occupant.
19.
To designate such portions of said city as it may
deem proper within which no building, in whole or in part, of wood
or other combustible material shall be erected or remodeled and to
remove or provide for the removal thereof if so erected or remodeled.
20.
To prevent or regulate the construction, erection
or use in any manner dangerous with regard to fire of any building,
chimney, fireplace, heater, stove or stovepipe, repository of ashes
or charcoal, boiler, furnace or other apparatus or thing.
21.
To compel the owner or occupant of any premises upon
which there shall be found anything so constructed, erected or used
which is dangerous to life or property to put the same in a safe condition
or remove the same and, in case the owner or occupant shall neglect
to put the same in a safe condition or remove the same after being
notified so to do, to cause the same to be done at the expense of
such owner or occupant, and, for the purpose aforesaid, the Common
Council shall have power to enter into or upon or authorize the entry
into or upon any building or premises in the city.
22.
To prevent and abate nuisances and determine what
are such, either upon view or upon the testimony of witnesses who
may be examined under oath before it and, for those purposes, to enter
into or upon any building or premises in said city and, in case the
owner or occupant of any building or premises in or upon which such
nuisance may be found shall neglect or refuse to abate the same after
being directed to do so, to cause the same to be removed or abated
at the expense of the owner or occupant.
23.
To prohibit the erection in an unsafe manner of any
wall or other building in said city and to compel the owner or occupant
of any building or wall therein which may be in an unsafe condition
to render the same safe or to remove the same and, in case of neglect
or refusal of such owner or occupant to render such building or wall
safe or to remove the same after being notified so to do, to cause
the same to be done at the expense of such owner or occupant.
24.
To prescribe the length of notice to be given under
any of the provisions of this section and the manner of service thereof
and to make the costs and expenses of the carrying out of any of such
provisions by the city or any of its officers a lien upon the premises
or lots mentioned or referred to in any such provisions and to be
added to the amount assessed on such land, and the whole amount of
such assessment shall be collected in the same manner as the general
city taxes.
[Amended L.L. No. 3-1990]
The Common Council shall have power to provide
by ordinance or resolution for the enforcement of powers hereby expressly
granted to it or any of the boards or officers of the city where the
method of execution of the powers is not herein expressly prescribed
and shall have power to pass any ordinance or resolution not repugnant
to the Constitution or laws of this state, not prohibited herein or
inconsistent herewith for any legal purposes pertaining to the government
of the city, the management of its business, preservation of order,
business, health, safety and welfare of the city and the inhabitants
thereof and shall have such power of legislation by ordinance or resolution
as are conferred upon it by this Act or by any other law, but this
general provision shall not be construed to authorize the raising
or expenditure of money, except as herein expressly provided or otherwise
provided by law, and, for these purposes, the Common Council shall
have power particular and not exclusive to enact ordinances for the
following purposes:
1.
To prevent public vice and immorality, to preserve
peace and good order, to prevent and quell riots and disorderly assemblages
and to prevent any noise or disturbance.
2.
To restrain and punish vagrants, mendicants, street
beggars and persons soliciting alms, occupants of houses of ill fame,
common prostitutes, lewd and disorderly persons and to prevent and
punish drunkenness and disorderly or immoral conduct in streets or
public places.
3.
To prohibit the gathering or assembling of persons
in or upon public streets of said city or congregating upon the corners
of the streets thereof and to authorize the police officers of said
city to disperse all such gatherings or assembling of persons, and,
upon the refusal of persons so congregating and assembling after being
commanded to do so by a duly appointed police officer, such police
officer may make summary arrests of any person or persons so refusing
and take him or them forthwith before the City Judge of said city
to be by him tried as disorderly persons and punished as such, and
all such persons are hereby declared to be disorderly persons.
4.
To restrain cattle. animals and fowls from running
at large in said city and to authorize the distraining, impounding
and sale of the same for the penalty incurred and the cost of their
keeping and the proceedings.
5.
To license, regulate and control all porters, cartmen,
hack- or cabmen, stages, omnibuses or other vehicles for the transportation
of passengers within the city; to fix their rates of compensation
and to require them to have licenses and prescribe the amount to be
paid therefor; to regulate by license or prohibit the exhibition of
any circus, caravan, theater, curiosities or other show or entertainment;
to regulate by license or prohibit auction sales, pawnbroking, junk
dealing, temporary sales and the selling of hay, straw and farm produce
in said city and hawking or peddling on the streets of said city.
6.
To prohibit all kinds of gambling; to regulate billiard
rooms and bowling alleys; to regulate and prevent bathing in the Hudson
River and all the creeks and other waters within the city; to prevent
immoderate driving and racing in said city.
7.
To prevent and regulate the deposit of building materials
upon the streets or sidewalks to such an extent and for such time
as it may prescribe.
8.
To prohibit, license or regulate the keeping, storing,
use or sale of gunpowder, kerosene or any other combustible or explosive
substance or compound and the conveyance or transportation of the
same in or through any part of the city; to regulate or prohibit the
use of firearms in said city; and to regulate the emission of smoke
from, and to prohibit the emission of dense smoke or soot or gases
from, buildings, boilers, stationary engines, traction engines, railroad
engines and locomotive boats and from all other sources.
9.
To regulate the erection and use of telegraph, telephone
or electric light poles or conduits for the carrying of electric wires
on the streets or public grounds or the stringing or placing of wires
in, over, under or upon the streets or public places or upon, over
or in front of any building or buildings and to provide for the removal
of any pole or wire or conduit erected or maintained contrary to such
regulation or any ordinance of the city; to prescribe rules and regulate
the installation in all houses, buildings or structures of all wires,
conductors or other substances used for the transmission of electric
energy and of pipes used for the supply of gas for light, heat, power
or other purposes.
10.
To prohibit and punish any game, practice, amusement
or act in the public streets or elsewhere having a tendency to injure
or annoy persons residing in the city or passing in or along the highways
or streets of the city or to injure or endanger life or property.
11.
To regulate and control the laying, maintenance, alteration
and repair of subways, conduits, mains and pipes in and under the
public streets, highways and places; to regulate and control the erection,
construction and maintenance of poles, cables and wires in, upon,
over and under the public streets, highways and places; to require
cables and wires, except trolley wires and necessary guy and supporting
wires used in connection with such trolley wires erected and proposed
to be erected upon and over the public streets, highways and places
to be placed underground; to regulate and control the opening and
excavation of public streets, highways and places or any part thereof
or the space above or underneath them for any purpose whatever.
12.
To prevent or regulate the ringing of bells, blowing
of whistles and horns, the crying of wares and making of any unnecessary
noise which may tend to disturb the peace of the city; to prevent
or regulate the sale or exposure for sale of fireworks or other explosive
compound; to prevent and punish the discharge of firearms, rockets,
fireworks and gunpowder in or near the streets of the city or in the
vicinity of any building.
13.
To regulate and prescribe plans, methods and materials
for the erection and repair of buildings within said city or any district
or districts thereof which it may establish and for such purpose to
establish a building code.
14.
To regulate, prevent or punish for the posting of
bills, signs or advertisements on any public building, on any telegraph,
lighting or telephone pole or on property within the city.
15.
To prescribe and compel the erection and use of fire
escapes, fire doors and fire shutters in such buildings as it may
deem necessary and to compel the furnishing and placing of fire extinguishers,
hoses, standpipes and such other apparatus for the prevention and
extinguishment of fires as it may deem proper.
16.
To prevent and regulate the erection, placing or maintaining
on or above any street of the city any goods, sign, signboard or other
device which shall hang, suspend or project from or upon any such
streets or sidewalks.
17.
To provide for the licensing of dogs, the seizure
of unlicensed dogs, the care and protection of lost, strayed and homeless
dogs, for securing and protecting the rights of the owners thereof,
for the protection of the public against dogs and the destruction
of dangerous and vicious dogs, whether licensed or not, and to authorize
the Mayor to enter into a contract with an incorporated society for
the prevention of cruelty to animals having jurisdiction in the city,
for the capture and impounding of all unlicensed dogs and for the
maintenance of a shelter for lost, strayed or homeless dogs.
18.
To prescribe the fire limits and determine the character
and height of buildings that may be erected therein and the nature
of the materials to be used in the construction, alteration or repair
of such buildings or in the repair or alteration of existing buildings
within said fire limits.
19.
To regulate the entrance to and the exits from all
theaters, lecture rooms, public halls, schools, churches and public
buildings of every kind and to prevent the placing of seats, chairs,
benches or other obstructions in the halls, aisles or open places
therein.
20.
To regulate or prohibit the operation of blasts and
blasting and the construction and operation of derricks, windlasses
and other structures, apparatus and other erections hazardous to life
and property; to regulate the operation and provide for the inspection
of freight and passenger elevators, boilers, engines, dynamos and
other apparatus generating steam or electricity.
21.
To protect property, real or personal or individual
at times of fire; to appoint guards for the direction of the same
and to prescribe their powers, duties and compensation.
22.
(Reserved)
23.
To manage and regulate the finances; to regulate,
dispose and preserve the property, real and personal, of the city,
except as otherwise provided in this Act; to perform such other and
further duties and to confer such other and further powers and authority
upon the several officers, boards and commissions of the city, as
they deem proper to perform and execute all the powers, duties and
authority conferred upon the Common Council by any of the provisions
of this Act and provided for the carrying into effect thereof. It
is specifically required that all employees of the City of Rensselaer
cooperate with and assist the members of the City of Rensselaer Common
Council in the performance of their duties as Common Council Members.
[Amended 1-20-2021 by L.L. No. 2-2021[1]]
[1]
Editor's Note: This local law was disapproved by the Mayor
and repassed by the Common Council 2-14-2021.
[Amended L.L. No. 3-1990]
Any ordinance enacted by the Common Council
may provide that any person violating such an ordinance shall be guilty
of a misdemeanor or violation. If no provision be made in any ordinance
as to the effect of a violation thereof every violation thereof shall
be a misdemeanor. If violation of any such ordinance be made a misdemeanor
by or in pursuance of this Act and be also made a misdemeanor by any
other law, but one conviction shall be had on account of such conduct.
All resolutions passed by the Common Council
shall take effect immediately upon their enactment unless a different
time is specified therein. All ordinances, except penal ordinances,
shall take effect immediately unless a different time is specified
therein.
[1]
Editor's Note: Former § 83, Publication
and taking effect of penal ordinances, was repealed by L.L. No. 3-1990.
Every ordinance, together with a certificate
of the City Clerk as to the time and manner of publication thereof,
shall, upon its taking effect as herein provided, be recorded in a
book kept for that purpose by the City Clerk. Such record shall include
the signature of the President of the Common Council, attestation
of the Clerk and the Mayor's written approval or, in case of his disapproval,
a memorandum of its passage over his veto or, in case the ordinance
takes effect because he failed to approve or disapprove and return
within 10 days, then a memorandum to that effect. The original ordinances
for each year shall be bound together and kept in the custody of the
City Clerk.
All ordinances and resolutions passed by the
Common Council pursuant to the authority vested in it may be read
and received in evidence in any court in this state when attested
by a certificate of the City Clerk to the effect that the same are
true copies thereof and of the whole of the same, respectively, or
may be read from the volume of ordinances published by order of the
Common Council without any other proof of the passage or publication
thereof; but such publication shall be only presumptive evidence that
the same has been duly published in the official newspaper as required
by this Act; and whenever it shall be necessary to serve or post any
notice under the provisions of this Act, the affidavit of the party
serving or posting such notice to the effect that it has been shall,
when attached to or endorsed on a copy of such notice, be prima facie
evidence of such serving or posting.
[Amended by L.L. No. 3-1990]
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 or maximum
limits of the fee which may be charged therefor. The City Treasurer
shall credit all fees so received by him to the general fund. The
Clerk shall keep in his office a record of each license, the person
to whom issued and the fee paid therefor.
[Amended by L.L. No. 3-1947; L.L. No. 3-1990]
The Common Council is hereby authorized to appropriate
and set aside each year such sums as it may deem proper for the purpose
of providing for the due and proper observance of Memorial Day in
the City of Rensselaer. The moneys thus appropriated shall be expended
under the direction of a board which shall be composed of the Mayor.
Commanders and Quartermasters of the Grand Army Posts, the United
Spanish War Veterans Camps, the American Legion, the Veterans of Foreign
Wars of the United States and the Army and Navy Union of the United
States of the City of Rensselaer. The whole amount of such money appropriated
or any part thereof may be spent by such board in observance of Memorial
Days. Bills properly verified for all claims and expenditures arising
under this local law shall be presented to and audited by such board
and shall be paid by the Common Council. The moneys appropriated shall
be raised by tax on the real and personal property liable to taxation
in the City of Rensselaer in the same manner as the ordinary expenses
of maintaining the city government.
[Amended by L.L. No. 1-1943; L.L. No. 1-1975]
No ordinances shall be passed making or authorizing
a sale or lease of city real estate or of any franchise belonging
to or under the control of the city, except by a vote of the majority
of all the members of the Common Council. In case of a proposed sale
or lease of real estate, other than real estate, the title to which
has been acquired by tax foreclosure action in rem, or franchise,
the resolution must provide for the disposition of the same at public
auction to the highest bidder, under proper regulations to be prescribed
by the Common Council and after public notice to be published at least
once in each week for three weeks in the official newspaper. A sale
or lease of real estate, other than real estate, the title to which
has been acquired by tax foreclosure action in rem, or franchise,
shall not be valid or take effect unless made as aforesaid, and no
franchise shall be granted or be operative for a period longer than
50 years. The Common Council may, however, sell real estate, the title
to which has been acquired by tax foreclosure action in rem, upon
such terms as the interest of the city may require, with or without
an advertisement as the Common Council may determine. The Common Council
may, however, grant to the owner or lessee of existing franchise under
which operations are being actually carried on, such additional rights
or extensions in the street or streets in which said franchise exists,
upon such terms as the interests of the city may require with or without
an advertisement as the Common Council may determine; provided, however,
that no such grant may be operative unless approved by the Mayor.
The Common Council shall, at its first meeting
in each official year or as soon thereafter as proper, fix and determine
the legal fee per folio or fix and determine the amount, in gross
per year, at which all notices, ordinances, bylaws, rules, regulations
and proceedings of the Common Council, Board of Education, Board of
Public Safety and all other boards and officers of the city and such
other matters as required by this Act or by any provision of law or
as the Common Council may direct to be published shall be published
by the official newspaper of the city and thereupon shall designate
at least one newspaper printed and published in the City of Albany
or in the County of Rensselaer in which the same shall be published
at the compensation determined upon. The Common Council shall also
determine the time of payment of such compensation. The newspaper
so designated shall be the official newspaper of the city for the
ensuing official year for the purposes aforesaid or until the next
annual designation, provided that said newspaper so agrees to with
the Common Council to make the aforesaid publications at the fees
or the compensation prescribed by the Common Council. The Common Council,
however, shall have the right to determine as to what shall be published
in said newspaper which is not herein by this Act specifically provided
or by some other provision of law required to be published in such
newspaper. The affidavit of the publisher or proprietor of the official
newspaper or of the bookkeeper or foreman in charge of the publication
of such newspaper shall be presumptive evidence of the fact of such
publication.
[Amended by L.L. No. 3-1990]
Whenever the Common Council shall contemplate
the discontinuance of any street, it shall cause notice to be published
once a week for two weeks in the official newspaper of the city of
its intention so to do, and all persons interested may be heard in
reference thereto at the times stated in such notice. A resolution
discontinuing any street shall require the affirmative vote of 2/3
of all the members of the Common Council. Any person feeling himself
aggrieved by such discontinuance and entitled to compensation shall,
within three months after such street is discontinued, present to
the Common Council his claim for such compensation, stating briefly
the nature and extent of the injury he claims to have sustained.
[Amended by L.L. No. 1-1925]
No new street hereafter laid out or mapped shall
be opened, worked or graded by said city or accepted by said city
unless the same shall be accepted as a street by a 2/3 vote of the
Board of Aldermen.
All owners of property having lots within said
city now or hereafter mapped out for sale are required to file a map
of the same with the City Clerk, said map to be approved by the Mayor
before any of said lots are sold or offered for sale, which said map
shall show and designate thereon the proposed streets, avenues, highways,
lanes, alleys and parks, and unless such map shall be filed and approved
and a true copy thereof, with a certificate of approval, in the Rensselaer
County Clerk's office, streets and avenues shall never become public
streets of the city, and neither sewer water nor lights shall be placed
therein.
[Amended by L.L. No. 3-1990]
All lands which have been heretofore used by
the public as a street for 10 years or more continuously shall be
a street with the same force and effect as if they had been laid out
and recorded as such. The Common Council shall have power to change
the grade of any street or sidewalk whenever such change shall be
necessary.
All purchases or acquisitions by the city of
real estate or any right or easement therein must be authorized by
the Common Council. This section does not apply to the purchases of
real estate by the city which is sold for the enforcement of any tax
or assessment lien. Whenever the Common Council determines to authorize
the purchase of any real estate or easement therein, it must pass
a resolution containing a description of the real estate, rights or
easements to be acquired and declare its intention to acquire the
same and that it deems the same necessary for municipal purposes and
directing the Mayor to purchase the same at a price approved by the
Common Council and directing the Corporation Counsel, in case the
Mayor is unable, to purchase such real estate, rights or easements
at a price approved by the Common Council and to institute condemnation
proceedings for the acquirement of the same. In case a local assessment
is to be levied for the whole or any part of said real estate, rights
or easements, the Common Council must proceed thereon as in case of
other public improvements or works involving local assessment and
made in the resolution for public improvements or works involving
local assessment directing the acquisition, as herein provided, of
real estate, rights or easements necessary to be acquired for the
purpose of making such public improvements or work.
All sales of personal property belonging to
the city must be made pursuant to authority granted by the Common
Council.
The salaries fixed by this Act of all officers
and employees or employees employed in pursuance of the authority
of the Common Council shall be made in such manner and at such times
as the Common Council shall fix and determine.
The Common Council shall exercise all the corporate
powers conferred by this Act or by any provision of law, except as
otherwise provided by law or this Act, and shall have the management
and control of the finances and of property real or personal belonging
to the city.
[1]
Editor's Note: Former § 97, Taxpayer's
election, was repealed by L.L. No. 3-1990.
The Common Council may at any time appoint a
special committee of its members to inquire whether the laws and ordinances
relating to any matter of any department of the city are being faithfully
observed and whether the duties of the officers and employees are
being faithfully discharged and to examine and report whether there
are any unnecessary, inefficient or unfit employees or excessive salaries,
wages or compensation paid and to inquire generally in respect to
any and all matters which will conduce to the orderly and economical
administration of the business of the city and appropriate necessary
funds therefor. Such committee shall have access to the records of
the city and, for the purpose of any such inquiry, shall have the
powers conferred upon the Common Council or any committee thereof
as provided by the following sections.
[Amended by L.L. No. 3-1990]
The Mayor, Common Council by its President or
any committee thereof, by its chairman and the head of every city
department, shall have power to issue a subpoena to any person to
appear and testify before him or them in respect to any matters pending
or referred to either of them or to any commission of the city. Such
subpoena may be served at any place within the State of New York,
in the same manner as subpoenas for witnesses in criminal cases. Any
person who shall refuse to attend in obedience to any such subpoena
may be arrested by an order of attachment which shall be issued by
the City Judge upon proof of service of such subpoena and of such
refusal and may be committed to the county jail or other place of
detention until he so appears to testify. Such witness so refusing
to attend may also be fined or imprisoned for disobedience of such
subpoena by the City Judge in the manner and to the same extent as
a witness refusing to attend in obedience to a subpoena duly issued
by a City Court Judge. Whenever any person summoned as a witness before
said Mayor, Common Council or any other committee thereof or the head
of any department, board or commission shall refuse to be sworn or
affirmed or to answer any proper or pertinent question, the City Judge
may forthwith commit such person to the county jail or other proper
place of detention for a period not exceeding 20 days or until he
shall be sworn or affirmed or answer such questions. Such commitment
shall be made by a warrant directed to the Sheriff of the county or
other officer having such place of detention in charge and shall recite
the cause of such commitment, and such officer shall keep such person
in close confinement as directed thereby.
No witness shall be excused from testifying
in any criminal proceeding or in any investigation or inquiry before
the Common Council, committee thereof or before any officer, commission
or board conducting an investigation touching the knowledge of such
witness as to any offense committed in violation of the provisions
of this Act or any ordinance of the Common Council, but such testimony
must not be used against such witness in any criminal prosecution
or proceeding whatever.
[Amended by L. 1943, c. 710]
Any member of the Common Council who shall knowingly
or unlawfully disregard any provision of law applicable to the members
thereof or who shall vote for any ordinance or measure in violation
of law or any appropriation unauthorized by law or in excess of the
amount authorized by law or have any illegal or injurious disposition
of property, rights or privileges shall be guilty of a misdemeanor
and liable to the punishment and penalty prescribed therefor, and
every member voting in favor thereof shall be individually liable
to refund the amount to the city at the suit of any taxpayer. No person
shall have power to make any purchase or contract any debt for which
the city shall be liable unless specifically authorized by the provisions
of this Act or the Local Finance Law.
