This Charter, together with all amendments, if any, shall provide
for and constitute the form of government of the City of Oneonta,
New York, and be known as the "City of Oneonta Charter." This Charter
provides for the separation and balance of legislative and executive
functions and responsibilities in order to promote clarity, efficiency,
and responsibility within City government. In addition, the Charter
is intended to implement the City's full home rule authority in accord
with New York State law.
The following terms used in this Charter shall be defined as
follows:
This City of Oneonta Charter and amendments, if any.
The City of Oneonta, New York.
The Civil Service Law of the State of New York.
The Code of the City of Oneonta as adopted by local law of
the Common Council on February 16, 1999, and as amended.
The County of Otsego.
Any method of transmission of information between computers
or other machines designed for the purpose of sending and receiving
such transmissions and which allows the recipient to reproduce the
information transmitted in a tangible medium of expression, and does
not permit additions, deletions, or other changes to be made without
leaving an adequate record of such changes.
The General City Law of the State of New York.
A legislative act of the Common Council adopted pursuant
to the Municipal Home Rule Law, but shall not mean or include a resolution,
ordinance, or other action taken by the Common Council. The term "ordinance"
shall mean a legislative act of the Common Council adopted pursuant
to state law or this Charter that adopts a regulatory measure. The
term "resolution" shall mean a legislative act of the Common Council
that takes a particular action, including appropriating funds, or
expresses the wishes of the Common Council.
The Municipal Home Rule Law of the State of New York.
The Public Officers Law of the State of New York.
The Real Property Tax Law of the State of New York.
The redrawing of the physical boundaries of the City's wards
to reflect population changes identified in the decennial census or
at other times.
A person who maintains a fixed, permanent, and principal
home within the geographic boundaries of the City of Oneonta and to
which he or she, wherever temporarily located, always intends to return.
The State of New York.
The Uniform City Court Act of the State of New York.
The City shall be and remain a municipal corporation and exercise
all of the rights, privileges, functions, and powers conferred upon
it by this Charter and state law. In addition, the City shall be subject
to all duties and obligations imposed by local laws not inconsistent
with this Charter and by state law, and enjoy all necessary incidental
powers to duly exercise the duties and obligations so imposed.
This Charter provides a contemporary form and structure of City
government pursuant to the provisions of the Municipal Home Rule Law.
Within the limitations imposed by state law, wherever and whenever
any special state law conflicts or is otherwise inconsistent with
this Charter, such laws shall be repealed and superseded by this Charter
in their application to the City to the extent of such conflict or
inconsistency.
All local laws, ordinances, and resolutions of the Common Council
previously adopted and in effect as of the adoption of this Charter,
including the Code of the City of Oneonta as adopted by local law
of the Common Council on February 16, 1999, shall continue in full
force and effect, except to the extent that such local laws, ordinances,
and resolutions have been repealed, amended, modified, or superseded
in their application to the City by the adoption of this Charter.
The City's geographic boundaries shall continue to be and remain
intact as established prior to the adoption of this Charter; existing
boundaries are hereby ratified and confirmed and may subsequently
be altered or expanded pursuant to applicable law.
[Amended 12-4-2012 by L.L. No. 2-2012[1]; 6-7-2016 by L.L. No.
1-2016]
The City shall be divided into eight wards. The ward boundaries
established by Local Law No. 2 - 2012, and which became effective
on June 1, 2014, shall remain in force and effect until changed by
local law.
[1]
Editor’s Note: This local law provided an effective
date of 6-1-2014 and stated the following: “From the effective
date of this local law until new Council members are elected and sworn
into office from each of the new wards as described herein however,
the then current sitting Council members for each ward shall continue
to represent the citizens of that ward.”
The civil and fiscal year of the City shall be the calendar
year.
