The head of any department may take options for the purchase
or lease of real property on behalf of the city deemed desirable for
the use of the department, and pay therefor a consideration not exceeding
one hundred dollars, and transmit such options with recommendations
to the council. Where it is deemed desirable to purchase or lease
real property for other public or municipal purposes than for departmental
use, the council may authorize the appropriate city officer to take
like options, and pay therefor the amount specified in the authorization.
The council may by a two-thirds vote of all the members elected
thereto authorize the mayor to acquire title to or lease any real
property necessary for a municipal or public use. The resolution authorizing
the purchase shall state the necessity for the purchase, the amount
of funds necessary therefor, and shall contain a detailed description
of the property, the name of the actual owner of the property and
of any person holding or claiming to hold an option thereon.
The council shall not authorize the purchase of any real property,
the cost of which is to be payable wholly by general taxation, unless
funds available for such purchase are provided in the current annual
budget or have been provided as prescribed in the local finance law
prior to the adoption of a resolution authorizing such purchase. A
certificate as to the availability of funds shall be furnished by
the comptroller and shall be recited in the resolution authorizing
the purchase.
After an appraisal or after the receipt of bids made at public
auction as provided in the two succeeding sections, the council may
by a two-thirds vote of all the members elected thereto authorize
the sale of real property acquired by the city for public use, which
has not been appropriated thereto, or the use of which for such purpose
has been abandoned, or of any unappropriated or abandoned portions
of real property so acquired.
The council may by resolution provide that the interest of the
city in any such abandoned or unappropriated real property be appraised
by retaining an appraiser from the list of appraisers established
by the appraisal review board. Any person desiring to acquire title
to any such property may retain such appraiser at his or her own expense.
The report of the board of appraisers for the purpose of fixing the
value of the interest of the city in such property shall be transmitted
to the council for approval. If a sale be authorized as provided in
the foregoing section the sum found by said appraisers as the value
of such interest in the premises appraised shall be the amount of
the compensation to be paid for the release and conveyance of said
property by the party making application for such appraisal.
The resolution shall, in the event an appraisal is not provided
for, direct that such real property be offered for sale by the commissioner
of permit and inspection services at public auction. Notice of the
time and place of auction, together with a short description of the
property, shall be published at least once a week for two weeks in
the publication or publications designated by the council. The commissioner
shall transmit to the council a report of all bids received at such
auction. No appraisal of such property shall be made or deemed necessary
in case of a public auction unless an application therefor, as provided
for in the preceding section, shall have been made prior to the passage
of the resolution directing such public auction.
The council may by a two-thirds vote of all the members elected
thereto authorize the exchange of real property acquired by the city
for public use, which has not been appropriated thereto, or the use
of which for such purpose has been abandoned, or of any unappropriated
or abandoned portions of real property so acquired. Any lands acquired
in exchange for unappropriated or abandoned real property, or of unappropriated
or abandoned portions of real property, shall be of substantially
equal value to the property conveyed by the city. No such exchange
shall be made unless the lands proposed to be conveyed to the city
are required for a public use.
A lease of, or a license to use, any real property or portion
thereof owned by the city shall not be made unless authorized by the
council.
Each conveyance or lease of real property owned by the city
shall be executed by the mayor and shall have the corporate seal of
the city affixed thereto.
Whenever any street or portion of a street, laid out and located
by the commissioners of the land office within the south village of
Black Rock as known and designated upon the records, surveys and maps
of said commissioners, or appearing upon said records, maps or surveys,
shall be discontinued or contracted as a public highway or street
by the authority of the council, the city by its council may cause
to be conveyed to the owners of lands adjacent to the parts of said
street, which shall have been so discontinued, and to no others, the
portions of such street which shall have been discontinued.
Any personal property belonging to the city, which is no longer
required for the use of the city, may be sold under such terms and
conditions, and under such procedure, as the council may by ordinance
prescribe.
Notwithstanding any other provisions of this article and charter,
the council may, by a two-thirds vote of all the members elected thereto,
authorize, upon such terms and conditions as it may determine and
with or without the payment of any compensation therefor, the conveyance,
without appraisal or public auction, of any real property acquired
by the city for public use which has not been appropriated thereto
or the use of which for such purpose has been abandoned, or of any
unappropriated or abandoned portions of real property so acquired,
to the United States of America or any governmental department, agency
or instrumentality thereof, to be used for the purpose of carrying
out its governmental functions.
Real property or any interest therein and appurtenances thereto
belonging to or in the control of the city, necessary for or incidental
to the clearance, replanning, development or redevelopment, reconstruction
and rehabilitation in substandard and insanitary areas, or for urban
renewal, may be sold or leased for a term not exceeding ninety-nine
years, or otherwise disposed of, to any person, firm or corporation
at public auction or by sealed bids at the highest marketable price
or rental, when authorized by resolution of the council, which shall
designate the officer to conduct such sale or lease together with
the terms and conditions thereof. Notice of the time and place of
auction or the date when bids will be received, with a brief description
of the property or interest therein to be sold or leased, shall be
published at least once each week for two weeks in the official publication
of the city and in such other publication or publications specified
by the council. Upon the receipt of such bids, the person designated
to receive them shall forthwith report and certify to the council
the highest marketable price or rental, and the council may thereupon,
by a vote of three-fourths of its members, order the sale or lease.
The council by a two-thirds vote of all members elected thereto
may authorize the condemnation of property necessary for a municipal
or public purpose.