This document may be known and cited as the "Charter of the City of North Tonawanda, New York."
(a) 
Unless the context requires otherwise, the General Construction Law applies to this charter.
(b) 
Unless the context requires otherwise, the following definitions and rules of construction apply to this charter. In the event of a conflict between the provisions of this subsection and the General Construction Law, the provisions of this subsection control.
(1) 
Catchlines for sections, subsections or paragraphs that are printed in boldface or italicized type are intended as mere catchwords to indicate contents and are not titles or parts of this charter, nor shall they be so deemed when amended or reenacted. History or source notes appearing in parentheses after sections are not intended to have any legal effect but are merely intended to indicate the derivation of the matter contained in the section. All references to articles, divisions or sections are to the articles, divisions or sections of this charter.
(2) 
The term "charter" means the Charter of the City of North Tonawanda, New York.
(3) 
The term "city" means the City of North Tonawanda, New York.
(4) 
The term "common council" or "council" means the common council of the city.
(5) 
The term "county" means Niagara County, New York.
(6) 
The term "elector" means a person who is qualified to register to vote.
(7) 
This charter is to be liberally construed.
(8) 
The term "may" is to be construed as being permissive.
(9) 
The term "must" is to be construed as being mandatory.
(10) 
Words and phrases shall be construed according to the common and approved usage of the language. Technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(11) 
The term "officer" means any individual elected by the voters under this charter, department heads and other persons designated by this charter as officers.
(12) 
All references to officers, employees, boards, commissions and authorities are to officers, employees, boards, commissions and authorities of the city.
(13) 
The term "resident of the city" means a person whose actual principal domicile as determined by state law is within the corporate limits of the city.
(14) 
The term "shall" is to be construed as being mandatory.
(15) 
The term "state" means the State of New York.
(16) 
References to the Consolidated Laws, whether by chapters or titles, are to same as now or hereafter amended.
(17) 
Words used in the past or present tense include the future as well as the past and present.
Except as provided below, chapter 752 of the Laws of 1907, as amended, is repealed. Except as provided below, all local laws, special acts or portions of special acts in conflict with the provisions of this charter are repealed.
(1) 
No special act published in the Consolidated Laws is repealed unless so stated in this charter; however all portions of such acts that are inconsistent with this charter are superseded. This subsection does not revive any portion of any such special act previously repealed by the city.
(2) 
The following provisions are not repealed by the adoption of this charter and shall become or continue as local laws of the city:
a. 
Title XVI, Sec. 18 of chapter 752 of the Laws of 1907, as amended by Local Law No. 3 of 1933, Local Law No. 3 of 1958, Local Law No. 5 of 1979 and Local Law No. 2 of 1998 (being also Sec. 1-118 of the city's compiled charter) (water rents).[1]
[1]
*So in original; apparently refers to former § 1-115, which may now be found at § 98-15.1, Water rents.
b. 
Local Law No. 3 of 1994 (abolishment of civil service commission).
The sections, paragraphs, sentences, clauses and phrases of this charter are severable. If any phrase, clause, sentence, paragraph or section is declared unconstitutional by the valid judgement or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections.
The citizens of the state who may from time to time reside within the territorial limits of the City of North Tonawanda are hereby created and continued as a municipal corporation in perpetuity to be known as the City of North Tonawanda. The city has all powers granted by the state constitution and general laws of this state. The city may also:
(1) 
Take, hold, purchase and convey real property and personal property;
(2) 
Take by gift, grant, bequest and devise and hold real and personal estate in trust for purposes of education, art, health, charity or amusement, for parks, gardens or grounds for the burial of the dead or other public use and for the erection of statues, monuments and public buildings, upon such terms as may be prescribed by the grantor or donor and accepted by the city.
(3) 
Sue and be sued, complain and defend in any court of law or equity;
(4) 
Adopt and use a common seal; and
(5) 
Do anything necessary to carry into effect the powers granted to it.
The territory within the boundaries of the city shall not be part of the Town of Wheatfield.
The boundaries of the city shall be as established on the effective date of this charter and as subsequently modified pursuant to law; such boundaries are ratified and confirmed.
The civil and fiscal year of the city commences on January 1 of each year.
Other agencies, bureaus, departments, boards, commissions and offices not provided for in this charter exist as provided by state law and action of the city.