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.
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Section 1.
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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.
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Section 2.
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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.
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Section 3.
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Section 4.
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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.
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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:
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PARCEL NO. 1
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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:
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(1)
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N 79° 49' 04" W, 373.04 feet;
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(2)
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N 82° 24' 26" W, 1203.15 feet;
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(3)
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N 71° 18' 47" W, 228.17 feet;
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(4)
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N 46° 00' 46" W, 79.37 feet to
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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:
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(1)
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N 77° 48' 12" E, 122.56 feet;
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(2)
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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;
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(3)
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N 74° 49' 47" E, 112.68 feet;
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(4)
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N 86° 36' 14" E, 48.14 feet;
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(5)
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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;
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(6)
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N 75° 00' 00" E, 456.13 feet;
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(7)
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N 49° 11' 00" E, 199.13 feet to
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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.
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PARCEL NO. 2
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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:
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(1)
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S 46° 00' 46" E, 79.37 feet;
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(2)
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S 71° 18' 47" E, 288.17 feet;
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(3)
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S 82° 24' 25" E, 1203.15 feet;
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(4)
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S 79° 49' 04" E, 373.04 feet to the point of beginning,
containing 11.372 acres, more or less.
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1.Â
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.Â
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.
4.Â
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.Â
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.Â
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.
