and in publishing such time are hereby legalized, ratified and confirmed, and shall be of the same force and effect as if such time had been fixed and published during the month of January, nineteen hundred and one. § 3. This act shall take effect immediately. AN ACT to incorporate the city of Oneida. Became a law, March 28, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: THE CHARTER OF THE CITY OF ONEIDA. I. Incorporation, boundaries, civil divisions and definitions. (Sections 1-9.) II. City officers, elections, appointments, terms of office, eligibility, compensation, filling vacancies. (Sections 10-29.) III. City officers; their general powers and duties. (Sections 30-49.) IV. The common council. (Sections 50-69.) V. Department of public works, local improvements, streets, highways, construction of sewers, paving streets, and construction of sidewalks. (Sections 70-99.) VI. Fire commissioners and fire department. (Sections 100111.) VII. The police department. (Sections 112-130.) VIII. Department of charities. (Sections 131-149.) IX. Department of public instruction. (Sections 150-169.) X. Board of health. (Sections 170-179.) XI. Assessment and taxation. (Sections 180-209.) XII. City court. (Sections 210-229.) XIII. Department of law. (Sections 230-239.) XIV. Actions by and against the city. (Sections 240-249.) TITLE I. INCORPORATIONS, BOUNDARIES, CIVIL DIVISIONS, Section 1. Short title; public act. 2. Boundaries of the city. 3. Corporate name and powers. 4. Divisions into wards; ward boundaries. 5. Definitions. Section 1. Short title; public act. This act is a public act and shall be known as "the charter of the city of Oneida." § 2. Boundaries of the city. All that part of the county of Madison now known as and being the town of Oneida shall be a city, known as the city of Oneida. § 3. Corporate name and powers.-1. The citizens of the state of New York, from time to time inhabitants within the boundaries of the "city of Oneida," as aforesaid, shall be a municipal corporation in perpetuity under the name of the "city of Oneida." The said corporation may take, purchase, hold, sell and convey real and personal property; it may take by gift, grant, bequest and devise, and hold real and personal estate in trust for any purpose of education, art, health, charity or amusement, for parks or gardens, for the erection of statues, monuments, public buildings or other public use, upon such terms as may be prescribed by the grantor or donor and accepted by said corporation, and may provide for the proper execution of said trust, and may have, use, and from time to time alter, a common seal, may sue and defend in all courts and may do anything necessary to carry into effect the powers granted to it. Succession of liabilities. The corporations known as the vil lage of Oneida and town of Oneida are hereby dissolved, subject to the provisions of this act. The city of Oneida shall succeed to and be vested with all the rights and property of the said village of Oneida and town of Oneida, and shall succeed to and be liable for all the liabilities of said village and town, of every name and nature, "except as herein otherwise specially provided;" and every suit, prosecution or proceeding commenced by or against said village and said town, or either of them, and pending at the passage of this act, may be continued by or against and in the name of said village or said town, or at the option of the parties there to, the name of said city may be substituted instead of said village or said town and in the name of said city all suits, actions or proceedings may be continued. All divisions of said village and town into road, fire or other districts, highways, streets, parks and alleys shall remain, be and continue such divisions, highways, streets, parks and alleys in the city of Oneida; and all ordinances, rules and regulations of the board of trustees of the village of Oneida, in force at the time of the passage of this act, shall be and continue to be in force, and shall have the same force over the entire limits of the city of Oneida as in and by this act established, until repealed, modified or changed by the common council of said city; subject, however, to the provisions of this act; the said common council is hereby authorized and empowered, in the name of, and for and in behalf of the city of Oneida, to enforce all such ordinances, rules and regulations, and all contracts of said village or town or either of them, including collections of debts or demands, imposition and collection of fines and penalties, prosecution and defense of all suits; and to do, take and perform all other acts and proceedings that may be or become necessary or proper to carry out and enforce said contract, ordinances, rules and regulations with the same force and to the full extent, as might have been done by or on the part of the board of trustees of the said village, or by said village or by said town; and the rights or privileges of all persons or parties that may have arisen or accrued under, pursuant to or by reason of, any such contract, ordinance, rule or regulation, or otherwise, as well as any liability that may have arisen by reason thereof, shall remain and be the same under this act as they would have been under the village charter of said village and laws applicable to said town; and all rights and liabilities of said village and said town, existing at the time of the passage of this act, shall be in no wise affected or changed thereby; but all actions or proceedings which may be hereafter commenced to enforce or protect any such accrued or existing rights, privileges or liabilities, shall be brought and prosecuted or defended by or in the name of the city of Oneida. All rules and regulations pertaining to the government of the fire department of said village, in force at the time of the pas sage of this act, shall remain, be and continue the same under the said city as under the village government, until repeal thereof and the adoption of other or further rules and regulations in relation thereto; and all officers and members of said fire department of the village of Oneida shall become and be the officers and members of the fire department of the city of Oneida, and shall perform all the duties devolving upon them as such firemen, and have and retain all the rights and privileges in the same manner and in all respects as if this act had not been passed, subject, however, to further provisions of this act. The ownership and control of all property and effects pertaining to or connected with the fire department of said village, shall by virtue of this act, vest in the city of Oneida and in the fire department thereof, in the same manner and to the same extent in all respects as the same is now vested in said village and fire department. The corporation tax district of the city of Oneida shall succeed to and be liable for all the debts and liabilities of the village of Oneida and the city of Oneida shall succeed to and be liable for all the debts and liabilities of the town of Oneida. All that portion of said city comprised within the following limits shall be known and designated as the "corporation tax district," namely: Beginning in the center of Oneida creek in the easterly bounds of the county of Madison, at a point where the said Oneida creek is intersected by the northerly line of Seneca turnpike; thence northerly down the center of said Oneida creek as it winds and turns to the point opposite the northeast corner of lot number eighty-three of the "Oneida creek tract"; thence westerly along the northerly line of said lot number eighty-three, and the northerly line of lot number eighty-two, to the northwest corner of said lot eighty-two; thence southerly along the westerly line of lot eighty-two to the southerly line of the "Oneida creek tract"; thence along the southerly line of said tract to the northwest corner of lot number three, of the "Oneida purchase" of eighteen hundred and twentynine; thence southerly along the west line of lot number three, and the westerly line of lot number ten of said "Oneida purchase" of eighteen hundred and twenty-nine to within one hundred rods of the north line of Seneca turnpike; thence easterly at right angles to said west line of lot number ten to the west line of lot number fourteen; thence southerly on the west line of said lot number fourteen, to the north line of the Seneca turnpike; thence easterly along said north line of said turnpike to the place of beginning, approximately being the present bounds of the village of Oneida. All taxes necessary to meet and pay the present valid debts, obligations and liabilities of the village of Oneida, and all taxes directed by this act to be raised within said corporation tax limits, shall be assessed by the common council upon all real and personal property in that portion of the city comprised within the said limits according to the valuation of the last assessment rolls prior to the levying of such tax after the same shall have been corrected as herein before provided and the assessors shall make such assessment rolls so as to show a separate assessment and valuation of said property within said limits. § 4. Division into wards; ward boundaries.-The city shall be divided into six wards as follows: First ward. All that part of said city lying within the following boundaries, namely: Beginning at the corner or angle formed by the union of the city of Oneida and the towns of Lincoln and Lenox and running northerly along the westerly line of the city of Oneida to the centre of the Seneca turnpike; thence easterly along the centre of the Seneca turnpike to the centre of the Oneida creek; thence southerly along the centre of the Oneida creek as it winds and turns to the southeast corner of the city of Oneida; thence westerly along the southern boundary line of the city of Oneida to the corner or angle formed by the union of the city of Oneida and the towns of Lincoln and Stockbridge; thence northwesterly along the city line to the place of beginning. Second ward. All that part of said city lying within the following boundary, namely: Beginning at a point in the westerly city line where the same intersects the centre of the Seneca turnpike and running easterly along the centre of said Seneca turnpike to the centre of Oneida creek; thence northerly along the centre of the Oneida creek as it winds and turns to the centre of Prospect street; thence westerly along the centre of Prospect street to the centre of East Walnut street; thence southwesterly along the centre of East Walnut street to the centre of Main street; thence northerly along the certre of Main street to the centre of Stone street; thence westerly along the centre of Stone street and a line extending to the west line of the corporation |