City of Fulton, NY
Oswego County
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Table of Contents
Table of Contents
This act is a public act and shall be known as the "Charter of the City of Fulton."
[Amended 6-20-1997 by L.L. No. 10-1997]
The territory within the following boundaries shall constitute the City of Fulton: Commencing at the northwest corner of G.C. Newkirk's location, thence easterly along the northerly line of said location to the northeast corner thereof; thence southerly along the easterly line of said location until said line intersects the stream of water known as "Waterhouse Creek"; thence up said creek along the center thereof until the same intersects the center line of Fay Street; thence southwesterly along the center line of Fay Street until it intersects the east line of Lot Nos. 13, 14 and 15 of Harper's location; thence south along the east line of said lots until it intersects the east line of First Street; thence southeasterly along the east line of First Street, now known as the "East River Road," to the intersection of the south line of Lot No. 11 of Harper's location; thence east along the south line of said Lot No. 11 to the southeast corner of said lot, which corner is also the northeast corner of Lot No. 12 of Harper's location; thence south along the east line of said Lot No. 12 and said east line projected to the center of the Oswego River; thence along the center of the Oswego River until the center line thereof intersects the projection of the south line of Lot No. 4 of the Town of Granby; thence westerly to and along the south line of said Lot No. 4 to the southwest corner of said lot; thence northerly along the west line of said Lot No. 4 to the center line, drawn east and west, of Lot No. 3, Granby; thence westerly along said center line of said Lot No. 3 to the westerly line of said Lot No. 3; thence northerly along the west line of said Lot No. 3 to the south line of Lot No. 75, Granby; thence east along the south line of said Lot. No. 75 to a point intersecting a projection of the center line of D Street, as the same is laid down on the Official Map of the Village of Oswego Falls, made by O.C. Breed, dated January 10, 1896, adopted by the Board of Trustees of the Village of Oswego Falls, January 23, 1896, and a copy thereof filed in the Oswego County Clerk's office January 23, 1896, which point is about thirty-one (31) chains and fifty (50) links westerly of the northwest corner of Lot No. 4, Granby; thence northerly along said projected line and the center line of said D Street until the same intersects the center line of Hannibal Street; thence westerly along the center line of said Hannibal Street about six (6) chains and seventy-five (75) links to the line dividing ownerships of property lying north of said street; thence north along said line to the north line of Lot No. 74, Granby; thence east along the north line of said Lot No. 74 to the center of the Oswego River; thence northerly along the center of the Oswego River to the place of beginning.
Section 1.
The City of Fulton shall contain, on and after the effective date of this local law, in addition to the territory presently contained within its boundaries, the premises described on the annexed description.[2] Parcel No. 1 so described consists of the River Glen Square Shopping Center and Parcel No. 2 consists of New York State Route No. 481 contiguous thereto.
Section 2.
The territory described in Section 1 of this local law is hereby annexed to the City of Fulton pursuant to General Municipal Law Article 17 and in accordance with a Memorandum and Order of the Supreme Court, Appellate Division Fourth Judicial Department, dated and entered April 25, 1997, with that Court confirming the report of the appointed referees dated October 29, 1996, determining that the annexation is in the overall public interest, which Memorandum and Order was also filed with the Oswego County Clerk on May 5, 1997.
Section 3.
The territory described in Section 1 of this local law is hereby annexed to the City of Fulton and shall be included in the Fourth Ward of the City of Fulton and further designated as C-2 Commercial District in accordance with Chapter 177 of the Code of the City of Fulton.[3]
Section 4.
The annexation described in Section 1 of this local law shall become effective on June 26, 1997, and upon filing of a copy of this local law with the Secretary of State according to the provisions of the Municipal Home Rule Law.
All those tracts or parcels of land situate in the Town of Volney, County of Oswego and State of New York, being part of Subdivision II of Harper's Location in said town and being more particularly described as follows:
PARCEL NO. 1
Beginning at a point an the northerly boundary of Fulton — Three Rivers Pt. 1, State Highway No. 5251 (NYS Route No. 481), said point being the southeasterly corner of lands described in a deed from Robert A. Gillespie to Larry E. Rowlet and Bruce M. Clark d/b/a Pierce Drive Development, dated April 18, 1983, and recorded in Oswego County Clerk's office April 20, 1983, in Book 889 of Deeds at Page 19; running thence westerly along said highway boundary, the following four courses and distances:
(1)
N 79° 49' 04" W, 373.04 feet;
(2)
N 82° 24' 26" W, 1203.15 feet;
(3)
N 71° 18' 47" W, 228.17 feet;
(4)
N 46° 00' 46" W, 79.37 feet to
the most southerly corner of lands appropriated by The People of the State of New York by virtue of Map No. 38 R-1, Parcel No. 63; thence N 59° 41' 42" E along the southerly boundary of said lands, a distance of 150.91 feet to the southeasterly corner thereof; thence N 44° 12' 28" W along the northeasterly boundary of said lands, a distance of 116.90 feet to a point on the southeasterly boundary of Pierce Drive; thence N 49° 24' 36" E along said southeasterly street boundary, a distance of 58.35 feet to the northwesterly corner of lands conveyed by Helen J. Collins to Donald R. Stanford and Elizabeth J. Stanford by deed dated December 1, 1977, and recorded in Oswego County Clerk's office in Book 814 of Deeds at Page 794; thence S 44° 12' 28" E along the southwesterly boundary of said lands conveyed to Stanford, a distance of 116.00 feet to the southwesterly corner thereof; thence N 46° 33' 20" E along the southeasterly boundary of said lands, a distance of 60.00 feet to the southeasterly corner thereof, said point being on the southwesterly boundary of lands conveyed by Norma R. Pierce and Helen J. Collins to Helen J. Collins by deed recorded in Oswego County Clerk's office July 5, 1966, in Book 690 of Deeds at Page 492; thence S 44° 12' 28" E along the southwesterly boundary of said lands conveyed to Collins, a distance of 7.00 feet to the southwesterly corner thereof; thence N 49° 27' 10" E along the southeasterly boundary of said lands, a distance of 132.52 feet to a point an the southwesterly boundary of lands conveyed by Robert A. Gillespie and Joyce L. Gillespie to Calvin L. Austin and Ruth A. Austin by deed dated February 15, 1969, and recorded in Oswego County Clerk's office February 19, 1969, in Book 711 of Deeds at Page 240; thence S 45° 45' 38" E along the southwesterly boundary of said lands conveyed to Austin, a distance of 107.52 feet to the southwesterly corner thereof; thence N 44° 14' 22" E along the southeasterly boundary of said lands, a distance of 60.00 feet to the southeasterly corner thereof; thence N 45° 45' 38" W along the northeasterly boundary of said lands of Austin, a distance of 147.73 feet to the southerly boundary of Pierce Drive; thence along said boundary of Pierce Drive, the following seven courses and distances:
(1)
N 77° 48' 12" E, 122.56 feet;
(2)
Southeasterly, following a curve to the right having a radius of 2814.90 feet whose chord bears S 64° 22' 52" E, an arc distance of 11.64 feet;
(3)
N 74° 49' 47" E, 112.68 feet;
(4)
N 86° 36' 14" E, 48.14 feet;
(5)
Northwesterly, following a curve to the left having a radius of 2814.90 feet whose chord bears N 61° 54' 09" W, an arc distance of 14.36 feet;
(6)
N 75° 00' 00" E, 456.13 feet;
(7)
N 49° 11' 00" E, 199.13 feet to
a point, said point being S 49° 11' 00" W, a distance of 66.00 feet, measured along said street boundary, from the northwesterly corner of lands described in a deed to Oswego Industries, Inc., recorded in Oswego County Clerk's office in Book 1200 of Deeds at Page 305; thence S 40° 51' 00" E, parallel with the southwesterly boundary of said lands conveyed to Oswego Industries, Inc., and 66.00 feet distant southwesterly therefrom, a distance of 374.00 feet to a point; thence S 85° 50' 00" E, a distance of 93.36 feet to a point, said point being the southwesterly corner of lands described in a deed from Robert A. Gillespie to Larry E. Rowlee and Bruce H. Clark d/b/a Pierce Drive Development dated April 18, 1983, and recorded in Oswego County Clerk's office April 20, 1983, in Book 889 of Deeds at Page 10; thence N 49° 11' 00" E along the southeasterly boundary of said lands, a distance of 84.44 feet to a point in the southerly boundary of said lands conveyed to Oswego Industries, Inc.; thence S 81° 00' 44" E along said southerly boundary, a distance of 241.20 feet to a point in the easterly boundary of the aforementioned lands conveyed to Larry E. Rowlee and Bruce J. Clark; thence S 3° 50' 21" E along said easterly boundary, a distance of 718.17 feet to the point of beginning, containing 24.679 acres, more or less.
PARCEL NO. 2
Beginning at a point on the northerly boundary of Fulton — Three Rivers Pt. 1, State Highway No. 5251 (NYS Route No. 481), said point being the southeasterly corner of lands described in a deed from Robert A. Gillespie to Larry E. Rowlee and Bruce M. Clark d/b/a Pierce Drive Development dated April 18, 1983, and recorded in Oswego County Clerk's office April 20, 1983, in Book 889 of Deeds at Page 19; running thence S 3° 50' 21" E along a southerly projection of the easterly boundary of said lands, a distance of 313.27 feet to a point on the southerly boundary of said highway; thence N 80° 14' 45" W along said southerly highway boundary, a distance of 661.83 feet, to an angle point; thence N 76° 17' 32" W continuing along said highway boundary, a distance of 742.10 feet to an angle point; thence S 49° 35' 25" W along a southeasterly boundary of said highway and its southwesterly prolongation, a distance of about 141 feet to a point on the existing northeasterly corporation line of the City of Fulton; thence northwesterly along said existing corporation line, a distance of about 663 feet to a point, said point being the most southerly corner of lands acquired by The People of the State of New York for Fulton — Three Rivers Part 1 State Highway No. 5251 by virtue of Map No. 38 R-1 Parcel No. 60; thence N 59° 41' 42" E along the southeasterly boundary of said lands, a distance of 51.07 feet to a point; thence along the northerly boundary of said highway, the following four courses and distances:
(1)
S 46° 00' 46" E, 79.37 feet;
(2)
S 71° 18' 47" E, 288.17 feet;
(3)
S 82° 24' 25" E, 1203.15 feet;
(4)
S 79° 49' 04" E, 373.04 feet to the point of beginning, containing 11.372 acres, more or less.
[1]
Editor's Note: The Official Map of the City is on file in the office of the City Clerk/Chamberlain.
[2]
Editor's Note: The description is included at the end of § C2.
[3]
Editor's Note: See now Ch. 640, Zoning.
1. 
The citizens of the State of New York from time to time inhabitants within the boundaries of the City of Fulton, as aforesaid, shall be a municipal corporation in perpetuity under the name of the "City of Fulton." Said corporation may take, purchase, hold, sell and convey real and personal property; it may take by gift, grant, bequest and devise and hold real and personal estate in trust for any purpose of education, art, health, charity or amusement, for parks or gardens, for the erection of statues, monuments, public buildings or other public uses upon such terms as may be prescribed by the grantor or donor and accepted by said corporation and may provide for the proper execution of said trust and may have, use and, from time to time, alter a common Seal, may sue and defend in all courts and may do anything necessary to carry into effect the powers granted to it.
2. 
Towns of Volney and Granby. The Towns of Volney and Granby shall hereafter consist of all the territory heretofore constituting said towns except those portions thereof embraced within the boundaries of the City of Fulton, and the territory embraced within the boundaries of said city, as hereinbefore described, shall not constitute or be a part of either of the Towns of Volney or Granby.
3. 
(Reserved)[1]
[1]
Editor's Note: Original Subdivision 3, Care of poor, was repealed 10-30-1991 by L.L. No. 3-1991.
4. 
Succession of liabilities. The corporation known as the "Village of Fulton" and the corporation known as the "Village of Oswego Falls," included in the boundaries of said city, are hereby dissolved, subject to the provisions of this Act. The City of Fulton shall succeed to and be vested with all the rights and property of said Villages of Fulton and Oswego Falls and shall succeed to and be liable for all the liabilities of said village corporations, of every name and nature. Every suit, prosecution or proceeding commenced by or against said village corporations and pending at the time of the passage of this Act may be continued by or against and in the name of either of said villages, or, at the option of the parties thereto, the name of said city may be substituted instead of either of said village corporations, and in the name of said city all suits, actions or proceedings may be continued. All divisions of said villages into highways, streets, parks and alleys shall remain, be and continue as such highways, streets, parks and alleys in the City of Fulton, and all ordinances, rules and regulations of the Boards of Trustees of the Villages of Fulton and Oswego Falls in force at the time of the passage of this Act shall be and continue to be in force and shall have the same force over the entire limits of the City of Fulton as in and by this Act established, until repealed, modified or changed by the Common Council of said city; subject, however to the provisions of this Act. Said Common Council is hereby authorized and empowered, in the name, for and in behalf of the City of Fulton, to enforce all such ordinances, rules and regulations and all contracts with said villages, including collection of debts and demands, imposition and collection of fines and penalties, prosecution and defense of all actions and proceedings, and to do, take and perform all other acts and proceedings that may be or become necessary or proper to carry out and enforce said contracts, ordinances, rules and regulations, with the same force and to the full extent as might have been done by or on the part of the Boards of Trustees of said villages or by said villages. The rights and privileges of all persons or parties that may have arisen or accrued under, pursuant to or by reason of any such contract, ordinance, rule or regulation, or otherwise, as well as any liability that may have arisen by reason thereof, shall remain and be the same under this Act as they would have been under the Village Charters of said villages, and all rights and liabilities of said villages existing at the time of the passage of this Act shall be in no wise affected or changed thereby, but all actions and proceedings which may be hereafter commenced to enforce or protect any such accrued or existing rights, privileges or liabilities shall be brought and prosecuted or defended by or in the name of the City of Fulton. All rules and regulations pertaining to the government of the Fire Departments of said villages in force at the time of the passage of this Act shall remain, be and continue the same under said city as under said village governments until the repeal thereof and the adoption of other or further rules and regulations in relation thereto. All officers and members of said Fire Departments of the Villages of Fulton and Oswego Falls shall become and be the officers and members of the Fire Department of the City of Fulton and shall perform all the duties devolving upon them as such firemen and have and retain all rights and privileges in the same manner and in all respects as if this Act had not been passed; subject, however, to the further provisions of this Act. The ownership and control of all the property and effects pertaining to or connected with the Fire Departments of said villages shall, by virtue of this Act, vest in the City of Fulton, in the same manner and to the same extent in all respects as the same is now vested in said villages and Fire Departments.
5. 
Revision of ordinances. The Common Council of the City of Fulton shall, as soon as practicable after its organization, revise all ordinances, rules and regulations passed by any Board of Trustees of said villages and, under the powers vested in it by this Act, make such changes, repeals, modifications and additions and adopt such new and additional ordinances, rules and regulations, not inconsistent with the laws of the United States and of this state, as may be necessary and proper.
6. 
The Common Council shall have the power to contract for or to equip and operate and maintain the electric generating facility or facilities for lighting the streets, highways, alleys, parks, public places and all municipal buildings and for other municipal purposes and to furnish electricity and natural gas to private consumers, at wholesale and retail service, but not limited thereto.
[Added 6-4-1996 by L.L. No. 9-1996]
[Amended by resolution; 5-22-1979 by L.L. No. 1-1979; 8-3-1982 by L.L. No. 6-1982]
The City of Fulton shall be divided into six (6) wards, as follows:
FIRST WARD: All that tract or parcel of land situate in the City of Fulton on the west side of the center line of the Oswego River; and being bounded on the east by the center line of the Oswego River; and being bounded on the north by the north line of the City of Fulton; and being bounded on the west by the west line of the City of Fulton; and being bounded on the south by a line which has a point of beginning at the intersection of the center line of the Oswego River with the center line of Kellogg Street extended, and thence runs west along the center line of Kellogg Street extended and the center line of Kellogg Street to the intersection of the center line of Kellogg Street with the center line of West Second Street, and thence runs south along the center line of West Second Street to the intersection of the center line of West Second with the center line of Leitch Street, and thence runs along the center line of Leitch Street or Leitch Street extended to the west line of the City of Fulton.
SECOND WARD: All that tract or parcel of land situate in the City of Fulton on the west side of the center line of the Oswego River; and being bounded on the east by the center line of the Oswego River; and being bounded on the north by the southerly line of the First Ward as herein described; and being bounded on the west by the west line of the City of Fulton; and being bounded on the south by a line which has a point of beginning at the intersection of the center line of the Oswego River with the center line of Green Street extended, and thence runs west along the center line of Green Street extended or Green Street to the intersection of the center line of Green Street with the center line of West First Street, and thence runs north along the center line of West First Street to the intersection of the center line of West First Street with the center line of Cedar Street, and thence runs west along the center line of Cedar Street or Cedar Street extended to the west line of the City of Fulton.
THIRD WARD: All that tract or parcel of land situate in the City of Fulton on the west side of the center line of the Oswego River and being bounded on the east by the center line of the Oswego River; and being bounded on the north by the south line of the Second Ward as described herein; and being bounded on the west by the west line of the City of Fulton; and being bounded on the south by the south line of the City of Fulton.
FOURTH WARD: All that tract or parcel of land situate in the City of Fulton on the east side of the center line of the Oswego River; and being bounded on the south by the south line of the City of Fulton; and being bounded on the east by the east line of the City of Fulton; and being bounded on the north by a line which has its point of beginning at the intersection of the center line of Emery Street with the east line of the City of Fulton, and thence runs westerly along the center line of Emery Street to the intersection of the center line of Emery Street with the center line of Eleventh Street, and thence runs southerly along the center line of Eleventh Street extended to a point which is the center line of Eleventh Street extended where it intersects with the center line of the roadway leading to the senior citizens complex, then westerly along the roadway to a point opposite the east wall of the senior citizens complex, thence southerly along the east wall of the senior citizens complex until it intersects with the center line of East Broadway, thence westerly along the center line of East Broadway and East Broadway extended to the center line of the Oswego River.
FIFTH WARD: All that tract or parcel of land situate in the City of Fulton on the east side of the center line of the Oswego River; and being bounded on the east by the east line of the City of Fulton; and being bounded on the south by the northerly line of the Fourth Ward as described herein; and being bounded on the west by the center line of the Oswego River; and being bounded on the north by a line which has its point of beginning at the intersection of the center line of Rochester Street extended with the center line of the Oswego River, and thence runs north along the center line of Rochester Street or Rochester Street extended to the intersection of the center line of Rochester Street with the center line of South Second Street, and thence runs northerly along the center line of South Second Street to the intersection of the center line of South Second Street with the center line of Utica Street, and thence runs easterly along the center line of Utica Street to the intersection of the center line of Utica Street with the center line of South Fourth Street, and thence northerly along the center line of South Fourth Street to the intersection of the center line of South Fourth Street with the center line of Cayuga Street, and thence runs easterly along the center line of Cayuga Street to the intersection of the center line of Cayuga Street with the center line of Holly Drive, and thence runs northerly along the center line of Holly Drive to the intersection of the center line of Holly Drive with the center line of Oneida Street, and thence runs easterly along the center line of Oneida Street to the east line of the City of Fulton.
SIXTH WARD: All that tract or parcel of land situate in the City of Fulton on the east side of the Oswego River; and being bounded on the east by the east line of the City of Fulton; and being bounded on the north by the north line of the City of Fulton; and being bounded on the west by the center line of the Oswego River; and being bounded on the south by the north line of the Fifth Ward as described herein.
The official and fiscal year of the city shall commence with the first day of January in each year. The term "street," as used in this Act, includes highways, avenues, alleys, lanes and sidewalks. The term "resolution," as used in this Act, includes all motions, orders, rules, regulations and bylaws, other than ordinances. The word "person," as used in this Act, shall be construed to include all persons, firms, companies, corporations and associations.