PULSE

CHARTER

OF THE

CITY OF NIAGARA FALLS

JANUARY 1, 1988

DEPARTMENT OF LAW

NIAGARA FALLS, NEW YORK

MAYOR-ADMINISTRATOR-COUNCIL FORM OF GOVERNMENT

CONTENTS

	ARTICLE I. GENERAL PROVISIONS
Section 1.1	Short Title
1.2	Corporation Continued; Boundaries Continued
1.3	Boundaries Described
1.4	Powers of City; Construction of Charter Provisions
1.5	Definitions
	ARTICLE II. FORM OF GOVERNMENT: OFFICERS; AND; ELECTIONS
Section 2.1	Form of Government
2.2	Elective Officers; Terms
2.3	Appointive Officers, Terms; Removal
2.4	Qualifications
2.5	Prohibition on Activities of City Officers
2.6	Certificate of Appointments
2.7	Official Oaths, Bonds
2.8	Vacancies; Continuity of Government
2.9	Fraud of Officers and Employees
2.10	Conviction Involving Moral Turpitude
2.11	Prohibited Activities
	ARTICLE III. CITY COUNCIL AND LEGISLATIVE BRANCH
Section 3.1	Composition; Powers
3.2	Organization: Presiding Officer; City Clerk; Corporation Counsel; Committees
3.3	Compensation
3.4	General Powers, Duties and Limitations
3.5	Power over Organization of City Government
3.6	Boards, Commission, Agencies and Other
3.7	Power of Investigation
3.8	Relations with Executive Branch
3.9	Procedure: Meetings; Rules and Journals; Voting
3.10	Council Actions: Local Laws; Ordinances; Resolution; Appropriations Acts
3.11	Procedure for Amendment of Charter by Local Laws, Adoption of Local Laws, Ordinances
3.12	Record of Legislation; Publication; Official Newspaper
3.13	Penalties for Violation of Local Laws and Ordinances
3.14	Approval or Veto by Mayor: Override; Automatic Approval; Reconsideration
3.20	Conservation Advisory Council
	ARTICLE IV. MAYOR AND EXECUTIVE BRANCH
Section 4.1	Election; Qualifications; Compensation
4.2	Vacancy; Temporary Disability; Succession
4.3	General Powers and Duties
4.4	Veto Power
4.5	Administrator; Appointment and Removal; Powers and Duties
4.6	Executive Orders; Administrative Rules & Regulations
4.7	Executive Office of Mayor; Deputies
4.8	Organization and Administration of Executive Branch
	ARTICLE V. BUDGET, CAPITAL PROJECTS AND TAXATION
Section 5.1	Responsibility for City Finances
5.2	Fiscal Year
5.3	Executive Budget Presentation
5.4	Organization and Content of Budget
5.5	Capital Improvements Program
5.6	Council Action
5.7	Budget Administration
5.8	Amendments after Adoption of Budget
5.9	Lapse of Appropriations
5.10	Taxation Generally; Charges against Real Property
5.11	Provisions of Previous Charter Concerning Taxation, Assessment and Related Matters Continued
5.12	Provisions of Previous Charter Concerning Identification of Property Continued
5.13	Official Depositories
5.14	Conditions Precedent to Actions Against the City Continued
	ARTICLE VI. REPEALER AND TRANSITION
Section 6.1	Repealer
6.2	Separability of Charter Provisions
6.3	Revision of Existing Laws and Ordinances
6.4	Rights of Officers and Employees
6.5	Continuity of Functions
6.6	Transfer of Employees and Functions
6.7	Transfer of Records and Properties
6.8	Pending Actions and Proceedings
6.9	Transition in Council and Office of Mayor; Effective Dates of Charter Transition

ARTICLE I. GENERAL PROVISIONS

Section 1.1Short Title.
Section 1.2. Corporation Continued; Boundaries Continued.
Section 1.3. Boundaries Described.
Section 1.4. Powers of City; Construction of Charter Provisions.
Section 1.5. Definitions.

SECTION 1.1 SHORT TITLE.

This Charter and all amendments to it shall be known and cited as the "Niagara Falls City Charter".

SECTION 1.2 CORPORATION CONTINUED; BOUNDARIES CONTINUED.

The citizens of the State of New York who may from time to time be inhabitants of the City of Niagara Falls, as it now exists and as hereafter established in the manner provided by law, are continued a municipal corporation in perpetuity under the name of "The City of Niagara Falls." The boundaries of said City shall be as now established and as hereinafter set forth, or as hereafter modified in the manner provided by law. The metes and bounds of said boundaries hereinafter described shall also be set forth by the City Engineer in a map filed with the Clerk of Niagara County.

SECTION 1.3 BOUNDARIES DESCRIBED.

The boundaries of said City shall be as follows:

Commencing at a point in the center line of the east channel~ of the Niagara River where the center line of said river is intersected by the west line of the Town of Wheatfield at 102nd Street produced southerly; thence running northerly along the westerly line of the Town of Wheatfield at 102nd Street and said line produced to its intersection with the Mile Line; thence southeasterly along the Mile Line to the most easterly City Line, said City Line, also being the division line between the Towns of Niagara and Wheatfield produced southerly; thence northerly, westerly and northerly along the City Line to its intersection with the south line of Porter Road; thence westerly along the south line of Porter Road to the center line of 98th Street; running thence southerly along the center line of 98th Street to a point 400 feet north of Pine Avenue measured at right angles; running thence southwesterly along the City Line said City Line being parallel to and 400 feet north of Pine Avenue measured at right angles, to the center line of Tuscarora Road; running thence southeasterly along the center line of Tuscarora Road, to a point; thence westerly along the City Line to the west line of Military Road; thence northwesterly along the west line of Military Road, to the north boundary of lands owned by the Board of Education of the School District of the City of Niagara Falls; thence westerly along the north line of the Board of Education property to the west line of the Board of Education property; thence southerly along the west line of the Board of Education property to its intersection with the south line of lands owned by the Niagara Mohawk Power Corporation; thence westerly along the south line of Niagara

Mohawk Power Corporation property to the center line of 56th Street produced northerly; thence northerly along the center line of 56th Street so produced to its intersection with the north line of Lockport Road; thence westerly along the north line of Lockport Road, to its intersection with the east line of Hyde Park Boulevard; thence northwesterly along the east line of Hyde Park Boulevard to center line of Garfield Avenue produced easterly; thence westerly along the center line of Garfield Avenue produced easterly, the center line of Garfield Avenue and said center line produced westerly to its intersection with the center line of the Niagara River forming the International Boundary; thence southerly and westerly in an upstream direction along the center line of the Niagara River, said center line being the International Boundary to its intersection with the center line of the east channel of the Niagara River; thence easterly along said center line of the east channel of the Niagara River to the place of beginning.

SECTION 1.4 POWERS OF CITY; CONSTRUCTION OF CHARTER PROVISIONS.

a. The City shall have ant may exercise all powers of local government delegated by the constitution and laws of the State of New York to cities generally or to the City of Niagara Falls. Said City shall have all further and additional powers which could be delegated to the City under the constitution of this State as fully and completely as though they were specifically enumerated in this Charter.

b. The provisions of this Charter shall be construed liberally to effectuate its lawful objectives and purposes.

SECTION 1.5 DEFINITIONS.

For the purposes of this Charter, and of the interpretation and application of any local law or ordinance heretofore or hereafter adopted, except as the context may otherwise require:

a. "Charter" shall mean this local law setting forth the form and structure of City government and the manner in which it shall function.

b. "Council" shall mean the legislative body of the City, constituted and elected pursuant to the Charter.

c. "Mayor" shall mean the mayor of the City duly elected pursuant to the Charter.

.

d. "Administrator" shall mean the Administrator of the City duly appointed pursuant to the Charter.

e. "Ordinances" shall mean the codified ordinances of the City of Niagara Falls in effect on the effective date of this Charter or, as thereafter adopted by Council.

f. "Department" shall mean an administrative unit of the City government established or designated by or pursuant to the Charter as a department.

g. Officer' shall mean all elected and appointed officers, members of boards, agencies, commissions and like instrumentalities, head of departments and their deputies and any others so designated by or pursuant to law and this Charter.

h. "City" shall mean the City of Niagara Falls.

i. "Year" shall mean the calendar year unless otherwise specifically provided.

ARTICLE II. FORM OF GOVERNMENT; OFFICERS, AND; ELECTIONS

Section 2.1 Form of Government. Section

2.2 Elective Officers; Terms. Section

2.3 Appointive Officers, Terms; Removal. Section

2.4 Qualifications. Section

2.5 Prohibition On Activities of City Officers. Section

2.6 Certificate of Appointments. Section

2.7 Official Oaths, Bonds. Section

2.8 Vacancies; Continuity of Government. Section

2.9 Fraud of Officers and Employees.

Section 2.10 Conviction Involving Moral Turpitude Section

2.11 Prohibited Activities

SECTION 2.1 FORM OF GOVERNMENT.

The government of the City of Niagara Falls shall be of Mayor-Administrator-Council form. There shall be separate and independent legislative and executive branches of City government. The Council shall be the legislative branch of government and shall determine policy, enact legislation, adopt annual operating and capital budgets, and perform all like acts of policy determination and legislation as may be prescribed hereinafter and by law. The Mayor shall be the chief executive and administrative officer of the City and head of the executive branch of government. He shall direct and administer the functions of the City government and shall execute the laws and ordinances as hereinafter provided. The administrative power of the Mayor as chief administrative officer shall be exercised through the administrator.

SECTION 2.2 ELECTIVE OFFICERS; TERMS.

a. A Mayor shall be elected by the qualified electors of the City at large at the general election to be held in the year 1987 and every fourth year thereafter, for a term of four (4) years beginning January 1st next following such election. The Mayor in office upon the adoption date of this Charter shall continue as Mayor ~for the remainder of his unexpired term, but he shall not have or exercise the powers prescribed herein.

b. On and after January 1, 1988 the City Council shall be comprised of seven (7) members elected by the qualified electors of the City at large for terms of four (4) years.

1. A member of the City Council in office upon the adoption of this Charter shall continue as a City Council member for the remainder of his unexpired term; and the two council members elected at the 1985 general election, whose terms shall commence January 1, 1986, shall serve full four (4) year terms;

2. Five (5) City Council members shall be elected by the qualified electors of the City at the 1987 general election for terms commencing January 1, 1988; the candidates receiving the three highest total votes shall serve until replaced by successors to be elected in the general election in the year 1991 and every fourth year

thereafter; the candidates receiving the two lowest vote totals shall serve until replaced by successors to be elected in the general election in the year 1989 and every fourth year thereafter.

c. An election to fill an office vacated by its duly elected incumbent shall be held at the time and in the manner prescribed hereinafter and provided by law. The elective officers of the City may be removed or suspended from office pursuant to law or as hereinafter provided.

SECTION 2.3 APPOINTIVE OFFICERS; TERMS; REMOVAL.

a. The Mayor shall appoint the Administrator, who shall serve at his pleasure. The Mayor shall also appoint, subject to confirmation by a majority of the Council, a Corporation Counsel, a Director of Finance, and a City Clerk, who serve at the pleasure of the Mayor except that they shall not be dismissed from office unless the Council shall confirm such action by majority vote. Nothing herein provided shall prevent the suspension or dismissal of an officer or employee for cause and pursuant to law.

b. The officers and employees of all other departments of the executive branch shall be appointed by the Administrator, except as provided in this Charter. The heads of all departments appointed by the Administrator shall serve at his pleasure and shall be subject to removal by him.

1. The mayor shall appoint the members and executive officers of all boards, commissions, or other agencies and instrumentalities of the City whose appointments were vested in the mayor or City Manager under the Charter in effect at the time this Charter is adopted (Laws 1916, Chapter 530, as amended). Such members shall serve for the terms, and be subject to removal, as provided by this Charter or Law. The mayor shall continue to appoint the members of the Niagara Falls Urban Renewal Agency in the manner provided by law, and he shall appoint the members of all boards, commissions of other agencies and instrumentalities which may hereafter be established, unless otherwise provided by this Charter or Law.

2. The Council shall continue to appoint the members and executive officers of all boards, commissions, or other agencies or instrumentalities of the City whose appointments were vested in the City Council under the Charter in effect at the time this Charter is adopted (Laws 1916, Chapter 530, as amended).

SECTION 2.4 QUALIFICATIONS.

a. A candidate for the office of Mayor or Council member shall have been an elector of the City for at least one year immediately prior to his nomination. If such elective officer ceases to be a resident of the City, his office thereupon shall be vacant.

b. An appointive officer shall, at the time of his appointment, possess such qualifications as may be prescribed by this Charter and applicable law. Said officer shall be a resident at the time of his appointment, or become one within six months therefrom, and shall remain a resident of the City throughout his term of office.

c. Members of boards, commission and like agencies and instrumentalities of the City shall be residents of the City at the time of their appointment and shall remain so during their tenure of office. They shall serve without salary except as otherwise provided by this Charter or Law.

SECTION 2.5 PROHIBITION ON ACTIVITIES OF CITY OFFICERS.

An officer of the City shall not engage in private employment, render services for private interests or hold office in any other political jurisdiction if such employment, service or office is incompatible with the proper discharge of official duties or would impair his independence of judgment or actions in the performance of official duties as hereinafter provided.

SECTION 2.6 CERTIFICATE OF APPOINT~MENTS.

Every appointment to a City office shall be made by certificate in writing signed by the Mayor if the appointment be his, and in all other cases by the Administrator and such certificate shall be filed in the office of the City Clerk.

SECTION 2.7 OFFICIAL OATHS; BONDS.

Each officer and other appointee of the City shall, before entering upon the duties of his office, take and file with the City Clerk the constitutional oath of office. The City shall provide for purchase of blanket surety bonds for all officers and employees and such other persons handling City funds as may be required by law. All such bonds shall be approved by the Corporation Counsel as to form. All bonds shall be filed in the office of the City Clerk and the premiums on all such bonds shall be paid by the City.

SECTION 2.8 VACANCIES; CONTINUITY OF GOVERNMENT.

a. A vacancy in the office of Council member, other than by expiration of term of office, shall be filled at the next general election which is held not less than sixty (60) days after such vacancy occurs for the unexpired term of said member. The Council shall fill such vacancy temporarily by appointing a qualified person of the same political party as the prior incumbent to serve until the qualification of a successor so elected. Such Council appointment shall be by affirmative vote of no fewer than four (4) Council members. In the event that the Council does not make such appointment within twenty (20) days of the date such vacancy occurred, the Mayor shall forthwith appoint a person with the qualifications prescribed herein. ~

b. The office of Mayor shall be deemed vacant upon the death of the Mayor and as otherwise provided in the Public Officers Law, or when declared vacant by the State Supreme Court acting upon petition of the Council as hereinafter provided.

c. A vacancy in an appointive office or position may be temporarily filled by an appointee of the Mayor unless otherwise prescribed by law. Said appointee shall serve in an acting capacity until such vacancy is fully filled pursuant to the Charter, Administrative Code or applicable law.

d. The office of a Council member shall be deemed vacant upon the death of such member and as otherwise provided in the Public Officers Law, or when declared vacant by the State Supreme Court acting upon petition brought by either the Mayor or Council.

SECTION 2.9 FRAUD OF OFFICERS AND EMPLOYEES.

An officer or employee of the City who shall be convicted of willfully violating or evading any provisions of law relating to his office or employment, or committing any fraud upon the City, or converting any public property to his own use, or knowingly permitting any other so to convert it or by gross or culpable neglect of duty allowing the same to be lost to the City shall, in addition to the penalties imposed by law and on conviction, forfeit his office or employment and be excluded forever after from receiving or holding any office or employment in the City government. -

SECTION 2.10 CONVICTION INVOLVING MORAL TURPITUDE.

A person convicted of a crime or offense involving moral turpitude shall be ineligible to assume or continue in any City office, position or employment. Upon conviction such person shall automatically forfeit such office, position or employment.

SECTION 2.11 PROHIBITED ACTIVITIES.

a. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any official City office, employment or position because of ethnic origin, race, sex, political or religious opinion, or affiliations.

b. No person who seeks appointment or promotion with respect to any appointive City office, employment or position shall directly or indirectly give, render, or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, promotion or proposed promotion.

c. No officer, employee or any other person shall, directly or indirectly, compel subscription or contribution to any political party or for any political purpose. No officer, employee or any other person shall promise an appointment to any position or office as a reward for any political activity, including subscription or contribution to any political party or for any political purpose.

d. No officer or employee shall solicit, negotiate for, or promise to accept employment with any person, firm, or corporation with which he is engaged on behalf of the City; or transact business which is or may be affected by his official actions.

ARTICLE III. CITY COUNCIL AND LEGISLATIVE BRANCH.

Section 3.1 Composition; Powers.

Section 3.2 Organization: Presiding Officer; City Clerk; Corporation Counsel; Committees.

Section 3.3 Composition. Section 3.4 General Powers, Duties and Limitations. Section 3.5 Power over Organization of City Government.

Section 3.6 Boards, Commissions, Agencies and Other
Instrumentalities.
Section 3.7 Power of Investigation.
Section 3.8 Relations with Executive Branch.
Section 3.9 Procedure: Meetings; Rules and Journals; Voting.

Section 3.10 Council Actions: Local Laws; Ordinances; Resolutions; Appropriations Acts.

Section 3.11 Procedure for Amendment of Charter by Local Law; Adoption of Local Law; Ordinances.

Section 3.12 Record of Legislation; Publication; Official - Newspaper.

Section 3.13 Penalties for Violation of Local Laws and Ordinances. Section 3.14 Approval or Veto by Mayor: Override; Auto~matic Approval; Reconsideration.

Section 3.20 Conservation Advisory Council

SECTION 3.1 COMPOSITION; POWERS.

There shall be a City Council, herein referred to as the ~Council', which shall consist of seven members elected in the ~manner provided in this Charter and which shall be the legislative and policy-making body of the City. The Council shall be a continuing body, the members of which shall serve part-time. No measure pending before Council shall abate or be discontinued by reason of the expiration of the term of office, or the resignation, vacancy, absence or removal of any of the members thereof.

SECTION 3.2 ORGANIZATION: PRESIDING OFFICER; CITY CLERK; CORPORATION COUNSEL; COMMITTEES.

a. The Council shall annually elect a presiding officer from among its members at the first meeting in January who shall be known as the Council Chairman. The Chairman shall be elected by a majority vote of all Council members and shall serve for a term of one year to end December 31 of that year. If a Chairman is not elected by January 31 of each year, then the Mayor shall appoint him. The Chairman shall preside at all meetings and shall then have the same powers as all council members to introduce and vote upon all matters coming before the Council. In the event that the office of Chairman shall become vacant, the Council shall appoint another one of its members to fill the vacancy.

b. The City Clerk shall be the Clerk of the Council, herein referred to as •Clerk., and shall be responsible for the preparation and distribution of the agenda. All proposed legislation and resolutions pertaining to the agenda shall be prefiled for the Council with the Clerk and distributed to the Council members no later than the last working day of the week preceding the Council meeting. The Clerk or the Deputy Clerk shall attend all meetings of the Council and shall see that all local laws, ordinances, resolutions and other matters requiring notice

and/or publication are published by title in the official newspaper. The Clerk shall keep a journal for public inspection which shall be the official record of proceeding and which shall be published annually. The clerk shall have custody of the City Seal and shall affix the same to such documents and actions as may be required. The Clerk shall discharge such other duties as ~may be required by this Charter, law or ordinance.

c. The Corporation Counsel shall be the attorney and legal counsel for the City of Niagara Falls, and shall provide all necessary advice, assistance and service to the Mayor and Council in the performance of their joint and several duties. The Corporation Counsel shall appoint the members of his professional legal staff, including his Deputy and Assistant Corporation Counsels, and his confidential secretary, who shall serve at his pleasure.

d. The Council shall be constituted, and shall meet from time to time, as a committee of-the-whole. The Council may establish ad hoc and/or standing committees of its own members to review and make recommendations relative to proposed legislation, but such legislation shall be acted upon by the Council as a committee of-the-whole. The Council Chairman shall appoint or reappoint the members and designate the Chair~an of each committee to serve from date of appointment or reappointment until the next succeeding January one. (L.L.#7, 1989.)

e. The City Council may provide for the position of a confidential secretary, who shall be appointed by a majority vote of its members.

SECTION 3.3 COMPENSATION.

The compensation for Council members effective January 1, 1988 shall be set at eight thousand dollars ($8,000.00) per annum. Thereafter, the Council ~may change such compensation of its members by ordinance, by vote of five or more Council members, provided that any change in said compensation shall not become effective until the January following the next general election at which Council ~members are elected.

SECTION 3.4 GENERAL POWERS; DUTIES AND LIMITATIONS.

The Council shall be the policy-making, legislative and appropriating body of the City. In addition to powers and duties conferred by law and by the specific provisions of this Charter the Council shall have the following general powers:

a. To exercise all powers of local legislation with respect to enacting, amending or rescinding local laws, ordinances or resolutions.

b. To levy taxes, special assessments and other charges and to borrow ~money, subject to the limitations and requirements of applicable law.

c. To adopt an annual budget and make appropriations for municipal purposes, with due regard to the legislative, budgetary and capital program recommendations of the Mayor.

d. To fix the salaries of City officers and employees except as -otherwise provided herein, with due regard to the provisions of proposed collective negotiation agreements and recommendations of the Mayor.

e. To fix the amount of bond to be required of City officers and employees.

f. To enter into contracts, franchises, and other agreements, including agreements with other units of government for all lawful purposes.

g. To require the Mayor to submit periodic and special reports concerning the operation of City departments, agencies and instrumentalities.

h. To exercise all of the powers conferred on the City and the Council by Chapter 530 of the Laws of 1916, as amended, which to the extent not in conflict with the provisions of this Charter and not herein enumerated or otherwise provided for, are specifically adopted and incorporated as a part of this Charter.

SECTION 3.5 POWER OVER ORGANIZATION OF CITY GOVERN~MENT.

a. The power to amend this Charter to establish, combine or abolish departments, agencies and other instrumentalities of City government shall be vested in the Council. Said power shall be exercised only through enactment of a local law and shall be pursuant to a proposal presented by the Mayor as provided in Section 4.8-c, except as otherwise provided hereinafter.

b. The Council shall forthwith, upon receipt from the Mayor of such a proposed local law relating to City government organization, initiate the procedure established by law or this Charter respectively for the enactment of a local law. Said Council shall enact or reject the sane not later than its next regular meeting following conclusion of the required public hearings, at which any interested officer, employee and member of the public at large shall be heard. In the event that the Council shall enact the same, it shall be enacted in its entirety and as originally proposed by the Mayor, except that the local law as finally enacted may contain any modifications in, deletions from and additions to the original proposal as amended, and shall be subject to the veto of the Mayor and override by Council.

c. The Council may request the Mayor to present a proposal concerning the establishment, combination or abolition of a specific department or departments. Upon failure of the Mayor to present said proposal at the next Council meeting occurring not less than thirty (30) days following such request, any Council member nay propose an appropriate local law, and the procedure for enactment shall be as prescribed in Section 3.11.

SECTION 3.6 BOARDS, COMMISSIONS, AGENCIES ~ OTHER INSTRUMENTALITIES

a. The Council may from time to time establish such citizen advisory bodies as it deems necessary to provide itself with advice

and recommendations with respect to specific matters, except as may effect the executive branch. Each such body shall be disbanded and the terms of its members shall terminate forthwith upon presentation of a report of its recommendations or upon like evidence of the attainment of the purposes for which it was established. Said members shall not be entitled to any form of compensation, except as may be provided specifically by state or federal Law.

b. The Council shall not establish commissions, boards and other agencies or instrumentalities of City government separate from the executive branch except as same may be specifically mandated by statute or otherwise required by the State or Federal government. In such event the Council shall consider the Mayor's recommendations, if any, regarding the composition and organization of said agency or instrumentality, and its relationship with the executive branch, before enacting a local law or ordinance as provided in Section 3.11.

c. The Council shall not establish an additional Commission, board or other agency or instrumentality to perform a function or duty that is substantially similar to those already performed by an existing department, agency -or other instrumentality of City government, unless same is specifically mandated by statute or otherwise required by the State or Federal government.

d. Absent affirmative action by the Council to continue such board, commission, agency or instrumentality i~ a subsequent year it shall be disbanded and the terms of its members shall terminate on the last day of the year in which it is created. No later than thirty (30) days prior to December 31 of each year, the Council shall evaluate and determine whether such body shall continue for a subsequent year.

SECTION 3.7 POWER OF INVESTIGATION.

The Council shall have the power to investigate the affairs of every City department, board, commission, agency or other instrumentality of City government and the official conduct of every City officer except the Mayor. The Council shall have access to all records and papers kept by all City officers, departments, boards, commissions, agencies and other instrumentalities of City government and shall have the power to compel the attendance of witnesses and the production of books, papers and other evidence at any meeting of the Council, and for that purpose may issue subpoenas signed by the Chairman of the Council.

SECTION 3.8 RELATIONS WITH EXECUTIVE BRANCH.

a. A Council member may file in the office of the Mayor or Administrator requests for additions to or improvements in municipal services, as well as complaints relating to any aspect of City government. Such requests and complaints shall be transmitted by the Mayor or Administrator to the appropriate department for consideration and such action as may be appropriate, except as otherwise provided in this Charter.

b. Neither the Council nor any of its members shall in any manner interfere in the appointment or the removal of any officer or employee of the City, except that the Council and any of its members may express their joint and several views and fully and freely discuss with the Mayor or Administrator anything pertaining to the appointment and removal of such officers and employees.

c. Except for the purpose of inquiries and investigations as provided herein, the Council and its members shall deal with City officers and employees solely through the Mayor or Administrator, and neither the Council nor its members shall give orders to any officer and employee either publicly or privately. This section shall not apply to communications and relationships between the Council and its several me~biers and either the City Clerk, Corporation Counsel, or Finance Director.

SECTION 3.9 PROCEDURES: MEETINGS: RULES AND JOURNALS: VOTING.

a. The Council shall meet at 11:00 a.m. at the Council Chambers at the City Hall on the first day in January, and shall organize and elect from among its members a Chairman as provided in Section 3.2 herein. In the event that such date falls on Sunday, then said meeting shall be held on the second day of January. Thereafter, the Council shall schedule regular meetings no less frequently than once monthly at such times as the Council may prescribe by rule, except during the month of August, when the Council shall recess. (Amended by L.L. No. 1, 3/4188.)

b. Special meetings may be held at any time on the call of the Chairman or any three members of the Council. The Mayor may also call a special meeting provided that he shall be present at such meeting. The notice of any special meeting shall be served personally upon each member of the Council or delivered to his residence or place of business not less than seventy-two (72) hours before the time fixed for such special meeting and shall contain a statement of the specific items of business to be transacted. No other business shall be conducted at such meeting. Special meetings on less than seventy-two (72) hours notice may only be held with the written consent of all council members.

~ c. All meetings of the Council shall be open to the public, and public notice of such meeting and the agenda shall be posted as provided by law. The Council at a regular or committee of-the-whole meeting may recess in a closed or executive session as provided by law. Convening of an executive session shall be by majority vote of the Council and the yeas and nays shall be recorded in the Journal.

d. Except as otherwise provided herein, the Council shall determine its own rules and order of business and shall provide for

the keeping of a journal of its proceedings. The Journal shall be a public record. In the event that no rules are adopted, the latest edition of Robert's Rules of Order shall apply.

e. A majority of the Council members shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by rules of the Council. No action of the Council shall be valid or binding unless it shall have received the majority affirmative vote of the total voting power of the council; and on final passage, the names of the members present and their votes shall be entered in the Journal.

SECTION 3.10 C W COUNCIL ACTIONS: LOCAL LAWS; ORDINANCES; RESOLUTIONS; APPROPRIATIONS ACT.

Legislative acts of the Council shall be by local law, ordinance or resolution provided, however, that local legislation shall not be enacted by resolution unless specifically authorized by law. No appropriation of money shall be made for any purpose except by ordinance specifying the amount thereof and the department, program or specific purpose for which the appropriation is made. The annual budget and capital improvement program shall be considered such an ordinance.

SECTION 3.11 PROCEDURE FOR AMENDMENT OF CHARTER BY LOCAL LAW; ADOPTION OF LOCAL`L LAWS; ORDINANCES.

a. Every local law or ordinance, except the budget and capital program ordinance or an ordinance making a codification of ordinances, shall be confined to a single subject which shall be clearly expressed in its title. All local laws and ordinances shall be introduced in typewritten or printed form. The enacting clause of a local law shall be as required by law and the sections or subsections amended or repealed shall be set forth in full.

b. Unless another date is specified therein, an ordinance shall take effect and become operatively immediately following adoption by the Council and a local law shall become effective as prescribed by law and shall become operative in accordance with its terms. An ordinance may be introduced at any regular meeting by any member of the Council or by the Mayor. The procedure for enactment of a local law, including an amendment to this Charter, except as provided in Section 3.5., shall be as provided in subsection c. hereof. (Amended by L.L. # 7, 07/7/88).

c. A local law shall be introduced only by a member of the Council, except as otherwise prescribed by State law. Upon introduction, the City Council may set a day and hour not earlier than the seventh day thereafter or a regular meeting, at which time the Council shall hold a public hearing on the proposed local law. Such public hearing shall be on public notice of at least three (3) days, published in the official newspaper, and it shall include publication by title of local laws. Copies of proposed local laws shall be available to the public for inspection in the office of the Clerk. (L.L. #7, 07/7/88.)

SECTION 3.12 RECORD OF LEGISLATION: PUBLICATION; OFFICIAL NEWSPAPER.

Upon its final passage every local law, ordinance or resolution shall be certified by the Clerk after its passage by the Council and shall be recorded in separate books for each which shall be indexed by him, and certified copies of local laws shall be filed as required by law.

At the first meeting of the Council in each year or as soon thereafter as possible, the Council shall designate one newspaper to be the official newspaper of the City. All local laws and ordinances shall be published by the Clerk once by title in the official newspaper within ten days after approval.

SECTION 3.13 PENALTIES FOR VIOLATION OF LOCAL LAWS AND O*FINANCES.

The Council shall have the power to prescribe penalties for the violation of any local law or ordinance. The City may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any local law or ordinance of the Council, notwithstanding that these may provide a penalty for such violations.

SECTION 3.14 APPROVAL OR VETO BY MAYOR: OVERRIDE; AUTOMATIC APPROVAL; RECONSTRUCTION.

a. Every local law and ordinance shall be certified by the Clerk after its passage by the Council and shall be presented to the Mayor for his approval or veto as prescribed hereinafter. The Clerk shall present said legislative measures to the Mayor not later than two (2) working days after enactment by the Council.

b. The Council may reconsider any such measure of local legislation on or before the next regular meeting date following veto and return of same by the Mayor, as prescribed in Section 4.5 herein. If after such reconsideration the Council shall determine by affirmative vote of five (5) or more or its members that such local legislation shall be adopted, it shall be deemed enacted notwithstanding the objections of the Mayor. Upon such reconsideration only one vote shall be taken by the Council and it shall be by yeas and nays which shall be entered in-the Journal.

c. If within ten (10) working days after local legislation shall have been presented to him, the Mayor shall neither approve it nor return it to the Clerk with his objections, it shall be deemed to be adopted in like manner as if he had signed it. In the event of the Mayor's absence or incapacity however, such legislation shall not be deemed adopted if neither approved nor vetoed by the interim Mayor prescribed in Section 4.2, until fifty-six (56) days after the beginning of the Mayor's absence or incapacity.

d. At any time prior to such approval or veto of a local law or ordinance by the Mayor, as the case may be, the Council may recall the sane and reconsider its action thereon.

SECTION 3.20 CONSERVATION ADVISORY COUNCIL

a. Legislative intent.

The preservation and improvement of the quality of the natural and man-made environment within the City of Niagara Falls, in the face of population change, urbanization, and technologic evolution

with their accompanying demands on natural resources, are found to be of increasing and vital importance to the health, welfare, and economic well-being of present and future inhabitants and require forthright action by the City of Niagara falls. It is recognized that the biologic integrity of the natural environment on which man is dependent for survival and the natural and functional beauty of our surroundings which condition the quality of our life experience cannot be protected without the full cooperation and participation of all the people of the City working in partnership with local and state officials and with various public and private institutions, agencies and organizations. Establishment of a conservation advisory council is a necessary step in fostering unified action on environmental problems.

b. Establishment of the Council.

A Conservation Advisory Council which shall be known as the City of Niagara Falls Conservation Advisory Council is hereby established.

c. Membership.

(1) The Council shall consist of nine members of whom seven shall be appointed by the City Council and who shall serve for two years, at the pleasure of the City Council, and the remainder shall be ex-officio members as provided herein. Persons residing in the City of Niagara Falls who are interested in the improvement and preservation of environmental quality shall be eligible for an appointment as a member of the Council. Vacancies on the Council shall be filled in the same manner as the original appointment except that a vacancy occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term.

(2) One member of the City Council and the Director of Environmental Services shall be ex-officio, non-voting members of the Council.

d. Officers, meeting and committees.

The City Council shall designate a member of the Council to act as chairman thereof. At the first meeting of the Council its members shall elect from among themselves a recording secretary. The Council shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as hereinafter provided.

e. Powers and duties of the Council.

The powers and duties of the Council shall be as follows:

(1) To advise the City Council on matters affecting the preservation, development, and use of the natural and man-made features and conditions of the City insofar as environmental factors are concerned; in the case of man's activities and developments, to advise on any major threats posed to environmental quality, so as to enhance the long range value of the environment to the people of the City.

(2) To seek to coordinate the activities of unofficial bodies organized for similar purposes and to cooperate with other city boards and agencies in the area of community planning.

(3) To recommend from time to time to the Planning Board and to the City Council, plans and programs relating to environmental improvement for inclusion in the master plan of the City of Niagara Falls and similarly, to recommend to the City Council appropriate and desirable changes in existing local laws and ordinances relating to

environmental and land use controls or recommend new local laws and ordinances.

(4) Carry out such other duties as may be assigned from time to time by the City Council with respect to environmental matters.

f. Reports.

The Council shall keep accurate records of its meetings and actions and shall submit an annual report to the City Council not later than the thirty-first day of December of each year, concerning the activities and work of the Council. From time to time the Council shall submit such reports and recommendations as may be necessary to fulfill the purpose of this Local Law. The Mayor shall submit all environmental reports and recommendations including environmental assessments and impact statements to the Council for their purview and recommendations to the City Council.

g. Compensation and expenses.

The members of the Council including ex-officio members, shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available thereof.

h. Construction.

This Local Law shall be deemed an exercise of the powers of the City of Niagara Falls to preserve and improve the quality of the natural and man-made environment on behalf of the present and future inhabitants thereof. This Local Law is not intended and shall not be construed so as to abolish, diminish or impair the powers or functions or duties of the Director of Environmental Services and any existing department, board, commission, agency or other instrumentality of the City of Niagara Falls.

ARTICLE IV. MAYOR AND EXECUTIVE BRANCH.

Section 4.1 Election; Qualifications; Compensation.

Section 4.2 Vacancy; Temporary Disability; Succession. Section 4.3 General Powers and Duties.

Section 4.4 Veto Power.

Section 4.5 Administrator; Appointment and Removal; Powers and Duties.

Section 4.6 Executive Orders; Administrative Rules & Regulations. Section 4.7 Executive Office of Mayor; Deputies.

Section 4.8 Organization and Administration of Executive Branch.

SECTION 4.1 ELECTION: QUALIFICATIONS: COMPENSATION.

a. A Mayor shall be elected and serve a term of office as prescribed in Section 2.2 hereof.

b. For one year prior to his nomination and election, and throughout his term of office, he shall be and remain a qualified elector of the City. He shall devote his full time to the duties of his office and shall hold no other public office except as otherwise provided in this Charter. He may be not engaged in another occupation, employment, or profession for compensation. (Amended L.L.#9, 10/05/88.)

c. The Mayor shall receive an initial salary of thirty thousand dollars ($30,000.00) per annum. Thereafter, he shall receive such compensation as shall be fixed by the City Council. Said compensation shall not be changed during a Mayor's term of office, nor during a succeeding term commencing less than six (6) months following any such change.

SECTION 4.2 VACANCY; TEMPORARY DISABILITY; SUCCESSION.

a. The Mayor shall designate in writing a succession of two or more officers or employees of the executive branch to perform the duties of Mayor during said Mayor's incapacity or absence from the City for no longer than forty-five (45) days. In addition, the Mayor may designate a member of the City Council to perform the duties of Mayor during his absence and may, from time to time, designate a member of the City Council to perform the duties of Mayor, for a specific event or function. The Acting Mayor so designated shall neither have nor exercise the power of permanent appointment to or removal from office, nor the power to approve or veto local legislative enactments. Such written designation shall be filed with the City Clerk not later than sixty (60) days after the Mayor assumes office and may be terminated or superseded at any time by the Mayor through written notice of such termination or by a supersedure filed in the same manner as the original written designation. (Amended L.L. #6 6/20/88.)

b. In the event an absence or incapacity of the Mayor continues for more than forty-five (45) days, the Council shall select one of its members who shall thereupon become interim Mayor. He shall exercise all of the powers and perform all of the duties of the Mayor's office until such absence or incapacity is terminated.

c. At the first regular Council meeting following the sixtieth day of a Mayor's absence or incapacity, or at an earlier date when the Council shall deem such absence or incapacity likely to be of prolonged or indefinite duration, the Council shall initiate action in the Supreme Court to determine whether a vacancy exists in the office of the Mayor.

d. In the event that the office of Mayor shall become vacant due to death, resignation or as prescribed hereinabove, the Council shall choose one of its members as interim mayor until the next general election occurring not less than sixty (60) days after the occurrence of said vacancy; otherwise it shall be filled in the general election held in the following year. The Mayor elected at said general election shall immediately take and file his oath of office and shall serve for the unexpired balance of the term of the Mayor originally elected.

SECTION 4.3 GENERAL POWERS AND DUTIES.

The Mayor shall be the chief executive and administrative officer of the City and head of the executive branch of government. He shall be responsible for the execution and enforcement of the laws of the State and the local legislative acts of the Council, within the City boundaries. He shall exercise the executive powers conferred upon the chief executive officer of a city by this Charter and applicable law, and all other powers and duties implied or incidental to them. Among such powers and duties, but not by way of limitation, are the following:

1. He shall, through the Administrator, direct, co-ordinate and supervise the operation and administration of all departments, offices and agencies of the City government, unless otherwise provided by law.

2. He may attend meetings of the Council and shall have the right to take part in discussions and to recommend legislative measures, but not to vote. It shall be his responsibility to review every Council enactment and to approve or veto it as hereinafter provided.

3. He shall prepare and submit to the Council an annual ~State of the City. message including his legislative recommendations, a proposed budget for the subsequent year and a capital improvement program for the subsequent five years, all as hereinafter provided.

4. He shall submit to the Council and make available to the public a complete report of the finances and administrative activities of the City government as of the end of each fiscal year. He shall make such other reports to the Council from time to time, as the Council may require, to be fully advised of the operating and financial condition of the City government and of his recommendations regarding policy and legislative requirements.

s. He shall prepare and propose to the Council plans for the establishment, consolidation, or combination of the departments, agencies and other instrumentalities of City government as provided in Section 4.8.

6. He shall negotiate contracts, franchises, and other agreements on behalf of the City subject to ratification by the Council, and he shall assure that all terms and conditions imposed in favor of the City or its residents in any such undertaking are faithfully kept and performed.

7. He shall provide for the collection of revenues, and for the audit, control and accounting of disbursements and expenditures. He shall assure that the City does not, except in case of unforeseen emergency, incur deficit in any fiscal year. He shall promptly report to the Council any such unforeseen development along with a specific plan for service reduction or other action necessary to prevent incurring said deficit.

8. He shall declare the existence of a public emergency whenever he deems that circumstances exist which may adversely affect the life, health or safety of the residents of the City, and, except as otherwise specifically provided by law, perform all acts necessary for their protection.

SECTION 4.4 VETO POWER.

a. Local legislation generally. The Mayor shall sign each local law and ordinance if he approves it, whereupon it shall become effective in accordance with its terms. If the Mayor disapproves any local law or ordinance he shall return it to the Clerk within ten (10) working days with his objections stated in writing. The Clerk shall present said objections to the Council at its next meeting whereupon said objections shall be entered in the Journal. The Council may then reconsider said local law or ordinance and may override the Mayor's veto as provided in Section 3.14.

b. Budget and appropriation measures. If a local law or ordinance presented to the Mayor shall contain one or more items of appropriation of money, he may object in whole or in part to any such item or items while approving the other portions of said local law or ordinance. In such event he shall append to the measure at the time of signing it a statement of each item or part so objected to. Each item so objected to shall not take effect unless, upon reconsideration as in the case of local law or ordinance from which the Mayor has withheld his approval, such item or part thereof shall be approved by the Council as herein provided. All of the provisions of the preceding paragraph in relation to local laws and ordinances not approved by the Mayor shall apply to instances in which he shall withhold his approval from any item or items or part thereof contained in a measure appropriating money.

SECTION 4.5 ADMINISTRATOR; APPOINTMENT AND REMOVAL~OVAL; POWERS AND DUTIES.

a. All administrative authority and responsibility over the operation of the various departments of the City vested in the Mayor as chief administrative officer of the City, shall be exercised by the Administrator, who shall be appointed by the Mayor, and who shall serve during the Mayor's pleasure. The appointment and removal of the Administrator shall not be subject to confirmation by the Council or judicial review. The administrator shall be a person other than the Mayor, appointed on the basis of his administrative qualifications, including education and experience in public or business administration. In the event the office of administrator shall become vacant, the Mayor shall appoint a qualified successor within forty-five (45) days of the occurrence of the vacancy.

b. The administrator shall direct, co-ordinate and supervise the operation of all departments, offices and agencies of City government. He shall, together with the Director of Finance, assist the Mayor in the preparation and presentation of the budget and capital improvement programs. He shall appoint, and where he deems it necessary, suspend or remove all department heads and all employees of the City, except those department heads and employees whose appointment and removal is conferred upon the Mayor by this Charter or by law as chief executive officer, or as otherwise provided herein. All department heads and employees of the executive branch, shall serve under the direction and supervision of, and report directly to the administrator, except the Corporation Counsel, Director of Finance and their appointed staffs, and the Clerk, who shall serve directly under the Mayor. He shall further exercise all duties and responsibilities delegated to him by the Mayor, which shall not, however, include the power to propose legislations, appoint or remove any mayoral appointment or veto on the mayor's behalf. He shall issue such Administrative Orders relating to the organization and internal management of the City as he deems necessary.

SECTION 4.6 EXECUTIVE ORDERS; ADMINISTRATIVE RULES ~ REGULATIONS.

a. All policies, rules and regulations of the executive branch shall be promulgated by executive order signed by the Mayor and filed with the Clerk as public records. Administrative Orders relating to the organization and internal management of City government shall be distributed to City officers by the Administrator not later than three days after being filed with the Clerk, whereupon they shall take full force and effect.

b. The Clerk shall publish notice of the availability for public inspection of executive orders relating to matters other than Administrative orders relating to the organization and internal management of City government not later than three days after said executive orders have been filed in his office. The Mayor shall provide opportunity for interested members of the public at large to be heard regarding said executive orders not less than fourteen (14) days prior to their taking full force and effect.

SECTION 4.7 EXECUTIVE OFFICE OF ~MAYOR; DEPUTIES.

a. There shall be an Executive Office of Mayor consisting of the Mayor, the Administrator, and such administrative and clerical assistants to both as the Mayor may deem necessary and proper and as the Council may authorize by appropriating the required monies.

SECTION 4.8 ORGANIZATION AND ADMINISTRATION OF EXECUTIVE BRANCH.

a. The several functions, powers and duties of City government shall be allocated among departments according to their major purposes. Said departments shall be established, combined and abolished by local law as heretofore provided. No additional department shall be created hereafter to perform any additional function or duty unless the same bears no substantial relationship to any other function or duty already allocated to an existing department or unless specifically mandated by law or otherwise required by the State or Federal Government.

b. The several departments and divisions thereof established by the Charter in effect when this Charter is adopted (Laws 1916, Chapter 530, as amended) shall continue in existence and shall continue to perform the functions, powers and duties of City government allocated to them therein. The following shall constitute the departments of the executive branch of the City of Niagara Falls, and their corresponding articles in the Charter of the City of Niagara Falls (Laws 1916, Chapter 530, as amended) are hereby adopted as a part of this Charter:

City Controller Article V
Department of Operations ~ Article VI
Technical Services
Departments of Police & Fire Article VII
Department of Assessment Article VIII
Department of Law Article X
Department of Parks Article XIII
Department of Planning & Development Article XVIII
Department of Traffic Engineering Article XIX
Department of Building, Housing ~ Article XX
Rehabilitations
Department of Finance Article XXIV
Department of Human Resources ~ Services Article XXVII
Department of Utilities Article XXVIII
Department of Community Development Article XXX
Department of Economic Development Article XXXI

Upon adoption of this Charter, the Corporation Counsel shall revise the foregoing articles to delete all obsolete provisions or those in conflict with the provisions of this Charter for incorporation as part of this Charter prior to the full implementation hereof, which revisions shall be adopted in accordance with the provisions of the Municipal Home Rule Law governing the adoption of local laws but shall not be subject to referendum.

c. The Mayor shall from time to time, when so requested by the Council or as he may deem timely and necessary, prepare and transmit to the Council proposals concerning the establishment, combination or abolition of a specific department or departments of the City government. In such event the Council shall forthwith initiate the procedure established by law for the enactment of a local law as heretofore provided.

d. The Mayor shall file an executive order(s) with the Clerk upon appointment by him or the Administrator of an officer of the executive branch as head of each of the several departments of City government. Nothing herein shall preclude a single officer from serving as head of more than one department at the same time, provided that he shall receive one single appropriate salary for his combined responsibilities and duties.

e. All department heads shall have, to the extent delegated by the Administrator as hereafter provided, but not by way of limitation, the following powers and duties:

1. To suspend subordinate officers and employees within his department subject to applicable provisions of the civil service and other laws.

2. To direct and supervise the work of the department and its employees through such sub-divisions as may be duly authorized.

3. To assign functions, powers and duties to subordinate officers and employees within the department and modify such assignments as he may deem necessary and desirable.

4. To delegate to subordinate officers and employees such of his powers as he may deem necessary and proper for efficient administration.

ARTICLE V. BUDGET, CAPITAL PROJECTS AND TAXATION.

Section 5.1 Responsibility for city Finances.

Section 5.2 Fiscal Year.

Section 5.3 Executive Budget Presentation.

Section 5.4 Organization and Content of Budget. Section 5.5 Capital Improvements Program.

Section 5.6 Council Action. Section 5.7 Budget Administration.

Section 5.8 Amendments after Adoption of Budget. Section 5.9 Lapse of Appropriations.

Section 5.10 Taxation Generally; Charges Against Real Property.

Section 5.11 Provisions of Previous Charter Concerning Taxation, Assessment and Related Matters Continued.

Section 5.12 Provisions of Previous Charter Concerning Identification of Property Continued.

Section 5.13 Official Depositories.

Section 5.14 Conditions Precedent to Actions Against the City Continued

SECTION 5.1 RESPONSIBILITY FOR CITY FINANCES.

a. The Mayor shall be responsible for the financial and fiscal administration of City government. He shall have the duty and power to provide, within the Executive branch and through the administrator, for the organization, coordination and supervision of all functions and services relating to planning, raising, safeguarding and spending City revenues, as heretofore provided.

b. The Mayor shall designate a Director of Finance to fulfill the functions of a chief fiscal officer pursuant to the local finance law.

c. The Council shall be responsible for appropriating public revenues and levying taxes. It shall have the duty and power to find the facts it deems necessary and proper, through investigative powers heretofore provided, to formulate and assure the faithful and effective execution of its fiscal policies.

SECTION 5.2 FISCAL YEAR.

The fiscal year of the City shall begin on the first day of January and shall end on the last day of December.

SECTION 5.3 EXECUTIVE BUDGET PRESENTATION.

The Mayor shall annually propose an executive budget to the Council on or before November 1st. Said proposal shall include a budget and a capital improvements program along with all necessary supporting schedules, exhibits, summaries and a budget message. Said message shall describe the main features of the budget proposed for operating and capital expenditures and for the several funds; shall estimate income from all sources and shall explain significant changes from current expenditures and revenue. The budget message shall further include the Mayor's recommendations for financing the budget and a statement of services to be provided and development objectives to be attained through the proposed expenditures. (Amended by L.L. No. 2, 3/4/88.)

The Mayor shall cause the budget estimates of the several departments to be grouped into municipal service categories for purposes of analysis, presentation and subsequent administration of appropriations as follows: general government; public safety; highways and streets; economic assistance and opportunity; culture and recreation; and home and community services. The combined revenues and expenditures for each such municipal service category shall be shown in the executive budget classified by basic program, purpose or activity and according to the uniform classification of accounts of the state comptroller. Within each such municipal service category the service objectives and standards to be attained by means of the proposed expenditures shall be shown to the extent practical. Said service objectives and standards shall be construed as a statement of legislative intent regarding results to be attained by the executive branch without exceeding the corresponding appropriation total.

SECTION 5.4 ORGANIZATION AND CONTENT OF BUDGET.

a. The executive budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year, and the total of proposed expenditures shall not exceed the total of anticipated revenues for each fund. Said budget shall show in detail all estimated revenues classified by fund and source and the proposed property tax levy. Proposed expenditures shall be classified by fund, by department or other agency or instrumentality of City government, and within such organization unit by program, purpose or activity and object to the extent practical, based on the uniform classification of accounts of the state comptroller.

b. The anticipated revenues and proposed expenditures of each utility or other public service enterprise, owned or operated by the City, shall be stated in a separate section of the budget; and as to each such utility, an anticipated surplus for general fund purposes shall be stated in the budget after providing for necessary and proper reserves, and the amounts equivalent to taxes or the anticipated deficit.

SECTION 5.5 CAPITAL IMPROVEMENTS PROGRAM.

The capital improvements program heretofore provided shall contain an enumeration and description of each capital improvement proposed to be undertaken within the ensuing six fiscal years, showing: the estimated cost; the proposed method of financing; the order of priority; and, projected operation and maintenance expenses. The first year of said program shall constitute the capital improvement budget, which shall contain a detailed account of all current revenue and debt requirements for capital improvements for the ensuing fiscal year, except that the authorization of individual obligations of indebtedness shall be made pursuant to the Local Finance Law.

SECTION 5.6 COUNCIL ACTION.

a. The Council shall cause public notice of the submission of the executive budget to be published together with a copy of the budget summary, and a notice of the time and place for a public hearing on the executive budget proposal together with information as to where copies of the budget document may be obtained or will be available for public inspection.

b. Said hearing shall be held at least one week subsequent to the date of publication of such notice, but in no event later than the 1st day of December. At said hearing the Mayor, the Administrator, the Director of Finance and such office department heads and personnel as the Mayor may deem necessary and proper shall be present, and any person may be heard for or against the executive budget as presented by the Mayor. The Council shall have and exercise the power, in connection with executive budget hearings, to require the testimony of any officer and employee of the executive branch and the production of all such records as said Council may consider relevant in reaching independent conclusions and decisions on the proposed executive budget. (Amended L.L. No. 2, 3/4/88.)

c. After public hearing, the Council may adopt the budget and capital improvements program with or without amendment. In amending the budget, the Council may increase or decrease any item of appropriation except an appropriation for debt service or for other purposes required by law and an appropriation for a reserve for uncollected taxes, capital equipment, and for estimated deficit. In the event that the Council shall increase the total expenditures as proposed by the Mayor, such increase shall be reflected in full in the tax rate. In amending the capital improvements program, the Council may delete or decrease any item. It shall not increase or add items however, prior to requesting and considering but not necessarily following, the recommendations of the Mayor regarding the proposed amendment. In the event that the Mayor fails to present a said recommendation to the Council within five days after such request, his silence shall be construed as agreement.

d. The Council shall transmit the executive budget with any amendments to the Mayor on or before December 1st. The Mayor may veto any such amendments, and the Council may reconsider said item and accept or reject the Mayor's veto, as provided in Section 3.14 hereinabove. Notwithstanding the provisions of Sections 3.14 and 4.4 of this Charter, the time within which the Mayor may exercise his power of veto shall be limited to five (5) working days after the budget shall have been transmitted to him by the Council through the Clerk. (Amended L.L.No. 2, 3/4/88.)

e. The Council shall adopt the budget and capital improvements program on or before the 15th day of December.

Adoption of said budget and capital improvements program shall constitute an appropriation of the sums stated herein for the various purposes and objects of expenditures, and a levy of the amount stated therein upon the real property liable for taxation for the ensuing fiscal year. Forthwith following adoption of the executive budget, the Clerk shall certify to the Mayor the amount

required to be raised by taxation of property, as stated in the adopted executive budget. Such certificate shall constitute a warrant to spread the tax levy upon all taxable property within the City at such rate as will be sufficient to raise the sum required, and; to complete the assessment and collection thereof pursuant to law. (Amended L.L. No. 2, 3/4/88.)

f. Adoption of the executive budget shall constitute an authorization of the respective capital improvements projects therein contained, subject to such provisions for the financing thereof as may be provided in said budget, or by borrowing or by other lawful means as the case may be.

SECTION 5.7 BUDGET ADMINISTRATION.

a. The Mayor shall provide for the administration of an encumbrance system of appropriation administration, and may further provide for the allotment of appropriations to months or other periods of the year. No expenditure or commitment in excess of the unencumbered balance of an appropriation allotment available for such purpose shall be authorized. The Mayor shall transmit a report to the Council each month summarizing revenues received and appropriations encumbered to date in relation to the corresponding items of the executive budget as enacted.

b. No officer or employee shall expend or commit any City funds for any purpose in excess of the amounts appropriated for that purpose or authorized to be borrowed by the Council. Any officer or employee of the City who knowingly authorizes or makes any payment or incurs any obligation in violation of the provisions of this section or is party to such an act, may be removed from office or employment and barred from holding future City office or employment.

c. Any contract, verbal or written, made in violation of this section shall be voidable at the discretion of the Mayor. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to the extent that they are financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made when authorized by local law or ordinance.

SECTION 5.8 AHEND4ENTS AFTER ADOPTION OF BUDGET M ET.

a. Supplemental and Emergency Appropriation. The Council may appropriate additional funds after enacting the budget only upon written request of the Mayor certifying to an imminent public emergency or other unforeseen circumstances affecting life, health or property. To the extent that there are no available unappropriated revenues to meet said supplementary or emergency appropriation requirement, the Council may authorize the issuance of budget notes as provided in the local finance law. Every supplemental or emergency appropriation shall be made by ordinance adopted by affirmative vote of five or more council members, declaring the existence and fully describing the nature of the emergency or other circumstances requiring said appropriation.

b. Reduction of Appropriations. The Mayor shall promptly report to the Council as heretofore provided any development which in his judgment might result in a deficit. His report shall indicate the estimated amount of the deficit, any remedial actions already taken by him, and specific proposals for service reduction or other actions that would have the effect of preventing the anticipated deficit. The Council shall enact the Mayor's recommendations or another alternative, to prevent or minimize said deficit. For such purpose it may reduce one or more appropriations except that no appropriation for debt service shall be reduced, nor shall any appropriation be reduced below any amount required by law or by more than the amount of any unencumbered balance.

c. Transfer of Appropriations. The Mayor may at any time after the third month of the fiscal year transfer an unencumbered appropriation balance or any portion thereof between classifications and objects of expenditures within a department. No such transfer shall be permitted, however, where the effect is to restore positions or raise salaries eliminated or reduced respectively by the Council in adopting the executive budget and appropriating monies therefor. The Mayor may at any time after the sixth month of the fiscal year transfer an unencumbered appropriation balance or any portion thereof between departments in the same municipal service category, provided that said transfer neither impairs nor diminishes the service standards and objectives for said municipal service category set forth in the executive budget as adopted. Nor shall such transfer be permitted where the effect is to restore positions or raise salaries eliminated or reduced respectively by the Council in adopting the executive budget and appropriating monies therefor. The Council may at anytime by resolution authorize the Mayor, upon receipt of a written request transmitted by him, to transfer an unencumbered appropriation balance or any portion thereof between municipal service categories and to restore positions or salaries eliminated or reduced respectively by the Council in adopting the executive budget and appropriating the monies therefor.

SECTION 5.9 W SE OF APPROPRIATIONS.

Every appropriation, except an appropriation for capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; and the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation. All such lapsed appropriations shall be credited to the general fund.

SECTION 5.10 TAXATION GENERALLY; CHARGES AGAINST REAL PROPERTY

a. Real property taxes shall be levied, assessed and collected under the provisions of the Real Property Tax Law (Consolidated Laws, Chapter 50-a as hereafter amended) except as otherwise provided in the Charter or Administrative Code. It shall be the duty of the Mayor to provide for the effective, efficient and the

lawful administration of said functions. It shall be the duty of the Council to enact real property and other taxes, charges and financial measures which will result in adequate revenues to finance the government and affairs of the City.

b. The Mayor shall recommend from time to time, and the Council nay revise and shall enact, a schedule of charges and penalties to be levied against the users of the City's water or sewer services.

c. The Council shall have the power to enact local laws to impose service charges on real property, including real property for which exemptions from general assessments have been allowed by law, but exclusive of property used entirely for religious, charitable, hospital, educational or cemetery purposes.

d. The Council shall have the power to enact local laws to impose charges for such purposes as building demolition and to compel compliance with laws and ordinances. All charges on real property shall be entered on the general City tax roll and added to all other items of unpaid taxes and penalties assessed against the property whereon the said charges were levied, and shall be collected and enforced in the same manner as City taxes, insofar as allowed by law.

SECTION 5.11 PROVISIONS OF PREVIOUS CHARTER CONCERNING TAXATION, ASSESSMENT AND RELATED MATTERS CONTINUED.

The provisions of Article VIII of the Charter of the City of Niagara Falls, New York, as enacted by Chapter 530 of the Laws of 1916, as amended, entitled ~Taxation and Assessment. in effect when this Charter is adopted, including but not limited to such provisions continued therein concerning the method of taxation exemptions and clarifications of real property, taxable status date, liens, Board of Assessment Review, levy, collections and enforcement, collection of county taxes, charges against real property, the hotel room and occupancy tax, and sewer use law, are hereby continued and hereby incorporated in full as part of this Charter. Upon adoption of this Charter, the Corporation Counsel shall revise said Article VIII to delete all obsolete provisions or those in conflict with the provisions of this Charter prior to the full implementation hereof, which revisions shall be adopted by the Council in accordance with the provisions of the Municipal Home Rule Law governing the adopting of local laws, but shall not be subject to referendum.

SECTION 5.12 PROVISIONS OF PREVIOUS CHARTER CONCERNING IDENTIFICATION OF PROPERTY CONTINUED.

The provisions of Section 3, Subdivisions (l) through (15) inclusive, of Article I of the Charter of the City of Niagara Falls, New York, (Laws 1916, Chapter 530, as amended) relating to the identification of real property for location and assessment purposes, is hereby continued and incorporated as part of this Charter.

lawful administration of said functions. It shall be the duty of the Council to enact real property and other taxes, charges and financial measures which will result in adequate revenues to finance the government and affairs of the City.

b. The Mayor shall recommend from time to time, and the Council may revise and shall enact, a schedule of charges and penalties to be levied against the users of the City's water or sewer services.

c. The Council shall have the power to enact local laws to impose service charges on real property, including real property for which exemptions from general assessments have been allowed by law, but exclusive of property used entirely for religious, charitable, hospital, educational or cemetery purposes.

d. The Council shall have the power to enact local laws to impose charges for such purposes as building demolition and to compel compliance with laws and ordinances. All charges on real property shall be entered on the general City tax roll and added to all other items of unpaid taxes and penalties assessed against the property whereon the said charges were levied, and shall be collected and enforced in the same manner as City taxes, insofar as allowed by law.

SECTION 5.11 PROVISIONS OF PREVIOUS CHARTER CONCERNING TAXATION, ASSESSMENT AND RELATED MATTERS CONTINUED.

The provisions of Article VIII of the Charter of the City of Niagara Falls, New York, as enacted by Chapter 530 of the Laws of 1916, as amended, entitled •Taxation and Assessment. in effect when this Charter is adopted, including but not limited to such provisions continued therein concerning the method of taxation exemptions and clarifications of real property, taxable status date, liens, Board of Assessment Review, levy, collections and enforcement, collection of county taxes, charges against real property, the hotel room and occupancy tax, and sewer use law, are hereby continued and hereby incorporated in full as part of this Charter. Upon adoption of this Charter, the Corporation Counsel shall revise said Article VIII to delete all obsolete provisions or those in conflict with the provisions of this Charter prior to the full implementation hereof, which revisions shall be adopted by the Council in accordance with the provisions of the Municipal Home Rule Law governing the adopting of local laws, but shall not be subject to referendum.

SECTION 5.12 PROVISIONS OF PREVIOUS CHARTER CONCERNING IDENTIFICATION OF PROPERTY CONTINUED.

The provisions of Section 3, Subdivisions (l) through (15) inclusive, of Article I of the Charter of the City of Niagara Falls, New York, (Laws 1916, Chapter 530, as amended) relating to the identification of real property for location and assessment purposes, is hereby continued and incorporated as part of this Charter.

lawful administration of said functions. It shall be the duty of the Council to enact real property and other taxes, charges and financial measures which will result in adequate revenues to finance the government and affairs of the City.

b. The Mayor shall recommend from time to time, and the Council may revise and shall enact, a schedule of charges and penalties to be levied against the users of the City's water or sewer services.

c. The Council shall have the power to enact local laws to impose service charges on real property, including real property for which exemptions from general assessments have been allowed by law, but exclusive of property used entirely for religious, charitable, hospital, educational or cemetery purposes.

d. The Council shall have the power to enact local laws to impose charges for such purposes as building demolition and to compel compliance with laws and ordinances. All charges on real property shall be entered on the general City tax roll and added to all other items of unpaid taxes and penalties assessed against the property whereon the said charges were levied, and shall be collected and enforced in the same manner as City taxes, insofar as allowed by law.

SECTION 5.11 PROVISIONS OF PREVIOUS CHARTER CONCERNING TAXATION, ASSESSMENT AND RELATED ~MATTERS CONTINUED.

The provisions of Article VIII of the Charter of the City of Niagara Falls, New York, as enacted by Chapter 530 of the Laws of 1916, as amended, entitled ~Taxation and Assessment. in effect when this Charter is adopted, including but not limited to such provisions continued therein concerning the method of taxation exemptions and clarifications of real property, taxable status date, liens, Board of Assessment Review, levy, collections and enforcement, collection of county taxes, charges against real property, the hotel room and occupancy tax, and sewer use law, are hereby continued and hereby incorporated in full as part of this Charter. Upon adoption of this Charter, the Corporation Counsel shall revise said Article VIII to delete all obsolete provisions or those in conflict with the provisions of this Charter prior to the full implementation hereof, which revisions shall be adopted by the Council in accordance with the provisions of the Municipal Home Rule Law governing the adopting of local laws, but shall not be subject to referendum.

SECTION 5.12 PROVISIONS OF PREVIOUS CHARTER CONCERNING IDENTIFICATION OF PROPERTY CONTINUED.

The provisions of Section 3, Subdivisions (l) through (15) inclusive, of Article I of the Charter of the City of Niagara Falls, New York, (Laws 1916, Chapter 530, as amended) relating to the identification of real property for location and assessment purposes, is hereby continued and incorporated as part of this Charter.

SECTION 5.13 OFFICIAL DEPOSITORIES.

The Council shall designate annually the official depositories for municipal funds, not inconsistent with the requirements of law, with due consideration to the recommendations of the Mayor. The interest on such deposits shall belong to the City.

Depositories with whom city monies are deposited shall first file with the Clerk indemnity bonds for the protection of the City against loss, in such an amount and such form as shall be decided by the Council. The Council may elect to authorize said depositories to deposit bonds, mortgages or other collateral of the kind and to the amount approved by the Council and not inconsistent with the requirements of New York Law in-lieu of such indemnity bond, secure the City monies or funds deposited with such depositories.

SECTION 5.14 CONDITIONS PRECEDENT TO ACTIONS AGAINST THE CITY CONTINUED.

No action or proceeding to recover or enforce any unliquidated account or claim against the City shall be brought until such claim shall have been filed with the City Clerk or, in case of a claim founded upon tort, shall not be brought until notice of claim is served as required by the provisions of section fifty-e of the general municipal law.

No civil-action shall be maintained against the city for damage or injuries to person or property sustained in consequence of any street, part or portion of any street including the curb thereof and any encumbrances thereon or attachments thereto, tree, bridge, viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian walk or path being defective, out of repair, unsafe, dangerous or obstructed, or in consequence of the existence of accumulation of snow or ice upon any street, bridge, viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian walk or path, unless previous to the occurrence resulting in such damage or injuries written notice of such alleged condition relating to the particular place and location was actually given to the Director of Operations and Technical Services and there was a failure or neglect within a reasonable time thereafter to remedy or correct the alleged~ condition complained of.

ARTICLE VI. REPEALER AND TRANSITION.

Section 6.1 Repealer. Section 6.2 Separability of Charter Provisions.

Section 6.3 Revision of Existing Laws and Ordinances. Section 6.4 Rights of Officers and Employees.

Section 6.5 Continuity of Functions.

Section 6.6 Transfer of Employees and Functions. Section 6.7 Transfer of Records and Properties.

Section 6.8 Pending Actions and Proceedings.

Section 6.9 Transition in Council and Office of Mayor; Effective Dates of Charter Transition.

SECTION 6.1 REPEALER.

a. All laws, local laws, ordinances, resolutions, rules and regulations, and parts thereof relating to or affecting the City when this Charter takes effect are hereby repealed and superseded to the extent to which they are inconsistent with provisions of this Charter or duplicative of State Statute, and no further. All other laws, parts of laws, local laws, ordinances, resolutions, rules and regulations, and parts thereof shall continue in force until same are repealed, amended, codified, or superseded; and reference to a City Manager therein shall be deemed reference to the Mayor.

b. Insofar as the provisions of this Charter are the same in terms or in substance and effect as provisions of law in force when this Charter shall take effect relating to or affecting the City, the provisions of this Charter are intended to be a continuation of such provisions of law, and this Charter shall be so construed and applied.

SECTION 6.2 SEPARABILITY OF CHARTER PROVISIONS.

If any provision of this Charter shall be held invalid or ineffective in whole or in part, or inapplicable to any person or situations, it is the purpose and intent of this Charter that all other provisions thereof shall nevertheless be separably and fully effective and that the application of any such provisions to other persons or situations shall not be affected.

SECTION 6.3 REVISION OF EXISTING LAWS AND ORDINANCES.

a. Following approval of this Charter by referendum, the Corporation Counsel shall revise and the Council shall adopt not later than December 31, 1987, a revision and codifications of provisions of all existing local laws and ordinances not inconsistent with this Charter together with such additional provisions as may be required relating to the organization and administration of the City government pursuant to this Charter.

b. The provisions of the Charter in force and effect on the effective date of this Charter and not specifically repealed herein shall continue to be given effect according to their respective terms, to the extent that they are not inconsistent with this Charter.

c. Following approval of this Charter by referendum the City Engineer shall forthwith prepare a map of the City setting forth the existing boundaries and shall file said map with the Clerk of Niagara County pursuant to Section 1.2 hereof.

SECTION 6.4 RIGHTS OF OFFICERS AND EMPLOYEES.

a. Except as heretofore provided, nothing in this Charter shall affect or impair the rights or privileges of officers or employees of the City or of any agency thereof existing at the time when this Charter shall take effect.

b. An officer or employee of the City who shall hold office or be employed under and subject to the Civil Service Law and applicable rules and regulations prior to the effective date of this Charter shall continue in his position or employment and in his civil service classification and status as an officer or employee of the City.

c. The classification and compensation plans and labor relations agreements hitherto in force at the effective date of this Charter shall remain in effect until altered in accordance with provisions of this Charter or local legislation pursuant thereto.

d. All boards, commissions, or other agencies and instrumentalities of the City in existence at, and all members thereof in office upon the effective date of this Charter shall continue and such member shall serve for the remainder of their terms.

SECTION 6.5 CONTINUITY OF FUNCTIONS.

Any agency or officer to whom any powers and duties are assigned by this Charter or by local legislation pursuant to the provisions thereof, shall exercise such powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised. Said agency or officer shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such powers and duties were heretofore exercised. Any provision and any law, rule, regulation, contract, grant or other document relating to the subject matter of such powers or duties and applicable to the agency or officer formerly exercising such powers and duties shall, so far as not inconsistent with the provisions of this Charter, apply to the agency or officer to which such powers and duties are assigned by this Charter or by local legislation pursuant to the provisions thereof.

SECTION 6.6 TRANSFER OF EMPLOYEES AND FUNCTIONS.

In the event that the functions, powers or duties of an officer or employee, who shall hold office or employment in any department, division or agency of the City on the effective date of this charter, shall subsequently be transferred to any other department, division or agency by local legislation pursuant to the provisions of this Charter, said officer or employee shall likewise be transferred to said department, division or agency and continued in his office or employment without reexamination and without affecting existing compensation, pension, retirement rights, or any other privileges or rights then provided in collective bargaining agreements or by law.

SECTION 6.7 TRANSFER OF RECORDS AND PROPERTIES.

All records, property - real and personal, and equipment whatsoever of any office, department, board, commission or agency, the powers and duties of which may hereafter be assigned to any other office, department, board, commission or agency by local legislation pursuant to the provisions of this Charter, shall be transferred and delivered to the office, department, board, commission or agency, to which such powers and duties may thereby be assigned.

SECTION 6.8 PENDING ACTIONS AND PROCEEDINGS.

No action or proceeding, civil or criminal, pending at the time when this Charter becomes effective, or legislative enactments pursuant to provisions thereof shall take effect, brought by or against the City or any agency or officer, shall be affected or abated by the adoption of this Charter, or by legislation pursuant to the provisions thereof, or by anything therein contained; but all such action and proceedings may be continued notwithstanding that functions, powers, and duties of any agency or officer party thereto may by this Charter or local legislative enactments pursuant to the provisions thereof be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency to which its functions, powers and duties have been assigned or transferred by this Charter or by local legislative enactment pursuant to the provisions thereof.

SECTION 6.9 TRANSITION IN COUNCIL AND OFFICE OF MAYOR; EFFECTIVE DATES OF CHARTER TRANSITION.

a. Upon adoption of this Charter, and until December 31, 1987, all other provisions of the Niagara Falls Charter, Laws of 1916, Chapter 530, as amended, shall continue in effect as if said Charter had not been repealed and replaced, and the Mayor and Council members in office during such time shall exercise the power and duties prescribed therein.

b. All provisions of this Charter, other than those set forth in Section 6.9-c below, shall take full force and effect on January 1, 1988 at the time that the Mayor and additional Council members as provided in Section 2.2 hereof, shall be sworn into office at the first meeting of the Council in 1988 as prescribed in Section 3.9 hereof. Thenceforth the Mayor and Council members acting as the Council of the City of Niagara Falls shall have and exercise the powers and duties prescribed in this Charter and the City shall be governed in accordance with the terms and provisions thereof.

c. The provision,n of Section 2.2-b of this Charter relating the appointment and work- of the initial commission to apportion councilmanic districts shall become effective January 1, 1986.