[HISTORY: Adopted by the City Council of the City of Geneva as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-3-1968 as Ch. 9 of the 1968 Code]
This article is enacted for the purpose of establishing regulations
for the sale of city real estate and franchises.
[Amended 12-4-1985 by Ord. No. 85-16]
Sale or lease of city real estate or of a franchise may be sold at public
or private sale in accordance with the procedures set forth in this article.
A.
Public sale.[1]
(1)
Public auction. Disposition of city real estate or of
a franchise shall be by sale or lease at public auction to the highest bidder.
(2)
Vote required. No sale or lease shall be made or authorized
except by vote of 3/4 of all the members of the City Council.
(3)
Public notice. No sale or lease shall be made until after
public notice to be published at least once each week for three weeks in the
official paper of the city.
(4)
Approval by City Manager. No sale or lease shall take
effect until it is also approved by the City Manager.
(5)
Deposit required. No bid shall be accepted unless the
successful bidder shall pay a deposit of 10% thereof.
(6)
Payment. Notice of the sale or lease shall specify that
the purchase price shall be paid in cash at such time and place as shall be
designated in the resolution authorizing the sale or lease.
(7)
Restriction on use. The City Council shall have the power
to establish restrictions, limitations and conditions on the use of the city
real estate offered for sale or lease.
(8)
Other restrictions. The City Council shall have the power
to establish by resolution such other terms or conditions in connection with
the sale or lease of real estate or of a franchise as it deems to be in the
best interests of the city.
(9)
Term of franchise. No franchise shall be granted or be
operated for a period longer than 50 years.
(10)
Extension of franchise. The City Council may, however,
grant to the owner or lessees of an existing franchise, under which operations
are actually being carried on, such additional rights or extensions in the
street or streets in which said franchise exists, upon such terms as the interests
of the city may require, with or without any advertisement, as the City Council
may determine; provided, however, that no such grant shall be operative unless
approved by the City Manager.[2]
[2]
Editor's Note: Former Subsection B, Private sale, provisions
added 12-4-1985 by Ord. No. 85-16, was repealed by L.L. No. 3-1994 adopted
9-7-1994. See full text of L.L. No. 3-1994 and Geneva City Charter § 3.9,
former Subdivision C, for effect of L.L. No. 3-1994.
[1]
Editor's Note: Local Law No. 3-1994, § 3, states that
all ordinances in conflict with said local law are repealed. Thus these provisions,
although not specifically repealed, are repealed by implication to the extent
that this subsection is inconsistent.
Upon a demand being filed as set forth in § 23, Subdivision
2b, of the General City Law, as amended, the question whether any proposed
sale or lease of city real estate or of any franchise belonging to or under
the control of the city shall be approved, shall be submitted to the voters
as specified in said § 23, Subdivision 2b, of the General City Law,
as amended.
It is the intention of this article to establish a method for the sale
or lease of city real estate or of a franchise and that this article is not
intended to restrict the exercise of any power now vested in the city.
