[Derived from Art. XI of Ch. III of the Charter and Ordinances,
1974]
Whenever it is deemed advisable to dispose of a building owned
by the City and which it has the power to sell, the same shall be
sold in the following manner:
A. The Council shall adopt a resolution directing the Comptroller to
advertise for sealed bids for the building. The Comptroller shall
publish a notice in the form of a display advertisement, in the publications
and at the times as directed by the Council. The notice shall be published
once at least five days prior to the opening of bids.
B. The advertisement for bids shall contain a brief description of the
building to be sold and shall state, among other things, that the
bidder must submit with his bid a check, duly certified by an incorporated
bank or trust company, payable to the City of Buffalo, in the sum
of 10% of the amount of the bid and that the check and the amount
thereof shall be and become the property of the City as the minimum
amount of liquidated damages suffered by the City if the bidder fails
to enter into the contract for the purchase and/or removal of the
building.
C. The Comptroller shall report all bids received to the Council, and
the Council may accept the most favorable bid or, in its discretion,
may reject any or all bids. If a bid is accepted, the full amount
thereof shall be paid before the work of removing the building is
begun.
D. The Council may, in its discretion, in accepting a bid require the
bidder to file with the City:
(1) A bond in the amount the Council shall determine, complying with the provisions of §§
96-1 and
96-2 of Chapter
96 hereof, conditioned that the bidder, in performing the work, will comply with all the directions of the Comptroller and will complete the work on or before the date specified in the advertisement for bids; or
(2) A certified check in the amount the Council may determine. The Council
may require the bidder to furnish such liability insurance and to
comply with such other conditions as it may deem advisable.
E. Upon awarding a contract, the Comptroller shall immediately return
to each unsuccessful bidder the certified check submitted with his
bid. The certified check submitted by the bidder whose bid is accepted
shall be applied on the purchase price of the building to be removed.
Before the Common Council shall, by resolution, authorize the
Comptroller to acquire real property:
A. The Comptroller shall certify to the Common Council that an appraisal
has been made of the real property by an independent appraiser appointed
by him when the acquisition price thereof is more than $5,000 but
less than $25,000 or, if the acquisition price thereof exceeds $25,000,
an appraisal has been made of the real property by two independent
appraisers appointed by him. The Comptroller shall also submit to
the Common Council a sworn statement showing:
(1) When and by whom the real property was submitted to the Comptroller
for consideration and negotiation.
(2) The fair market value of the realty as contained in such appraisal
or appraisals.
(3) Whether the Comptroller has negotiated to determine the minimum price
for which the vendor will sell to the City, including the name or
names of the person or persons with whom negotiations were had.
(4) The opinion of the Comptroller as to whether the minimum price resulting
from his negotiations represents the fair market value of the realty.
B. The vendor shall submit, together with the standard option form,
a sworn statement showing:
(1) A legal description of the property by metes and bounds.
(2) The date of acquisition and acquisition price paid by the vendor,
with an itemized list of improvements made since purchase.
(3) The name and address of the agent or agents representing the vendor
in the negotiations and the nature and amount of compensation to be
paid them in the event of sale.
(4) Whether any options to sell are outstanding to any individual, firm
or corporation.
(5) Whether the prospective vendor and/or his agent or agents have any
business or financial interest, direct or indirect, with any officers
or employees of any public department or agency.
(6) The person or persons in the office of the Comptroller with whom
the vendor or his agent or agents negotiated the price of the realty.
(7) The minimum price for which the vendor will sell said property.
C. Originals of the foregoing statements, executed by the Comptroller
and the vendor, shall be filed with the City Clerk, and copies thereof
shall be furnished by the City Clerk to every member of the Common
Council prior to the time the question is formally submitted to the
Common Council for its consideration as to whether the property should
be acquired for the negotiated price, condemned or rejected.
Whenever the City is the owner of premises or has been authorized
by the Common Council pursuant to Section 383 of the Charter to enter
into possession of premises in condemnation proceedings and is authorized
to rent or to grant a concession, license or right to carry on a particular
business in a building, public space, grounds or park or part thereof,
and whenever the yearly rental revenue or income to be received by
the City therefrom will exceed the sum of $1,000, the terms of such
lease, concession, license or right shall be in writing, and no such
lease, concession, license or right shall be granted except in the
following manner:
A. The Council shall adopt a resolution directing the head of the City
agency designated in the resolution to advertise for bids for the
amount of rental, revenue or income to be paid to the City for the
granting of a lease, concession, license or right to carry on a particular
business in or to occupy a building, public space, grounds or park
or a part thereof. The head of the City agency shall publish the notice
in the official paper twice a week for three successive weeks. The
notice shall contain a brief description of the building, public space,
grounds or park or part thereof to be leased or to which a concession,
license or right is to be granted, together with a statement of the
provisions and restrictions upon which the proposed lease, concession,
license or right is to be granted.
B. A bidder shall file with his bid a check, duly certified by an incorporated
bank or trust company, payable to the City of Buffalo, in the sum
of not less than 25% of the amount of rental, revenue or income which
he proposes to pay for the lease, concession, license or right.
C. A bidder shall file with his bid the following information: the name
of any City employee who is or will be employed by the bidder; the
name of any City employee who is an officer or director of a bidder,
if said bidder is a firm or a corporation; the name of any City employee
who is a partner of a bidder, if said bidder is a partnership; and
the name of any City employee who owns any part of a bidder or who
has an interest therein.
D. The head of the City agency so advertising shall report all bids
received by him to the Council, and the Council may accept the bid
most favorable or, in its discretion, reject any and all bids. If
a bid is accepted, the full amount of the first installment of rental,
revenue or income shall be paid before the execution of the lease,
concession, license or right, and each succeeding installment of rental,
revenue or income shall be due and payable in advance.
E. Upon the acceptance of a bid for a lease, concession, license or
right, the head of the City agency shall immediately return to each
unsuccessful bidder the certified check submitted with his bid. The
certified check submitted by the bidder whose bid is accepted shall
be applied on the first installment of rental, revenue or income.
F. The bidder whose bid is accepted shall provide a bond in the amount the Council shall determine and complying with the provisions of §§
96-1 and
96-2 of Chapter
96 hereof, conditioned for the faithful performance of all conditions and covenants contained in the lease, concession, license or right.
G. Bids for concession, license, lease or right to carry on a particular business in public buildings and in or about the grounds of buildings of the War Memorial Stadium or the Memorial Auditorium and the parks and playgrounds may be advertised for either on a flat rental or percentage basis, or both. The certified check filed with a bid on a percentage basis shall be in the amount determined by the Comptroller, the Division of Stadium and Memorial Auditorium and the Commissioner of Parks, respectively, but in no case for less than $50, which amount shall be applied on the revenue or income to be paid by the bidder whose bid is accepted in lieu of the first installment or installments provided for in Subsections
D and
E of this section. Each succeeding installment shall be paid immediately after each event for which the concession is granted or as may be provided for in the specifications or conditions upon which the bid was submitted. Such specifications upon a percentage basis in relation to park concessions shall establish a minimum yearly or seasonal rental to be paid in any event. Except as herein modified, the provisions of this section shall apply to all bids received by the Comptroller, the Division of Stadium and Memorial Auditorium and the Department of Parks.
H. Whenever a bid for any concession and/or a license or lease to conduct
a business upon City-owned property is accepted on a percentage basis,
the lessee, licensee or permittee shall keep and preserve accurate
records of the business conducted in a form directed by and acceptable
to the Comptroller of the City for inspection at any time by the City
Auditor, and the agreement therefor shall provide that any payment
made upon the rental shall be based upon a sworn statement by the
lessee, licensee or permittee of the gross receipts taken, to which
shall be attached the numbers of the tickets sold and/or a register
tape of receipts taken by the lessee, licensee or permittee.
I. Whenever the provisions and restrictions upon which the proposed
lease, concession, license or right is to be granted provide for the
construction or alteration of a building or part thereof or the furnishing
and installation of any equipment which may be required in connection
therewith and which is to be amortized during a period of time specified
therein, such building or part thereof and such equipment shall be
and become the property of the City of Buffalo, and the value thereof
shall be determined by the head of the department or division having
jurisdiction of the premises, charged with the enforcement of the
agreement upon original invoices and vouchers and such other papers
or instruments as may be required by him and his determination shall
be final unless either of the parties affected request such determination
by the Common Council.
J. The provisions of this section shall not apply to:
(1) The rental of Delaware Park Zoo, Buffalo Memorial Auditorium and
War Memorial Stadium for professional baseball or football purposes
nor to the letting of concession privileges or space in connection
therewith.
(2) The letting and granting of all concessions to operate vending machines
without regard to the amount of the rental, revenue or income to be
received by the City therefrom.
(3) The advertising to lease or the leasing of the Buffalo River waterworks
system as constructed pursuant to the authority granted by Chapter
493 of the Laws of New York, 1957.
(4) Advertising for lease or the leasing of the first floor area of the
Broadway Market and the public parking ramp above located on the south
side of Broadway between Gibson and Lombard Streets.
(5) The rental of the Erie Basin Marina nor to the letting of any facilities,
space or concession privileges in connection therewith.
(6) The rental of the Shea's Buffalo Theatre, 642-646 Main Street,
nor to the letting of any facilities, space or concession privilege
in connection therewith.
(7) The rental of the Buffalo Hilton Hotel Parking Ramp nor to the letting
of concession privileges in connection therewith.
(8) The rental of the Owen B. Augspurger Parking Ramp nor to the letting
of concession privileges in connection therewith.
(9) Any lease or use permit to any concession, franchise or license or
to the right to carry on any business on the premises of the proposed
Downtown Baseball Stadium.
(10)
The rental of the Pearl-Niagara Parking Ramp nor to the letting
of concession privileges in connection therewith.
(11)
The letting of concession privileges or space at the Memorial
Stadium.
[Added 7-25-1995, effective 8-7-1995]
K. Whenever the City leases its real property, such lease agreement
shall contain a provision requiring the lessee to either pay the City
for the removal of solid waste generated at such real property or
contract with a private contractor to remove solid waste generated
at the real property. This subsection shall be effective as long as
the City is engaged in the collection and removal of solid waste.
[Added 12-23-1997, effective 1-9-1998]
Whenever any concession, lease or license hereafter granted
by the City of Buffalo contains a provision for the extension, renewal
or renegotiation thereof and requires the prior approval of the Common
Council therefor, the Common Council, in its discretion, may direct
that a report containing a financial analysis relating to the operation
of the concession, lease or license be submitted to it.
All concessionnaires, lessees, licensees, permittees or any
other person, firm or corporation having permission to carry on a
business in a building, public space, grounds or park or part thereof
shall keep accurate records of the business conducted in a form directed
by and acceptable to the Comptroller of the City for inspection at
any time by the City Auditor and shall retain said records for a period
of three years after such business shall have ceased.
The Commissioner of Parks may prescribe rules and regulations
for the operation of all concessions, licenses or rights to carry
on a particular business in any building, public space, grounds or
park or part thereof under his jurisdiction; provided, however, that
such rules and regulations are subject to the approval of the Common
Council.
A. The head of a City agency who has in his custody, control or possession
mixed wastepaper, Manila paper, cartons, rags or waste materials of
any kind collected by a City agency or condemned, unserviceable or
surplus personal property of any kind shall notify the Director of
Purchase who, by Section 265.7(g) of Article 13-A of the Charter,
is empowered with the sole responsibility of selling or otherwise
disposing of such property in accordance with this section.
B. Notice of the time and place of receiving bids on the materials proposed to be sold and the conditions of sales shall be published once in the official paper, not less than one week prior to the last day for receiving bids. A check, duly certified by an incorporated bank or trust company, payable to the City of Buffalo, in the amount fixed by the Director of Purchase, shall accompany each proposal as a guaranty that the bidder, if successful, will purchase or enter into a written contract for the purchase of the materials in question. Any and all bids received shall be reported to the Common Council, with a certification by the Director of Purchase designating the highest responsible bidder. Upon said report, the Council may accept or reject any and all such bids, and the resolution of approval may dispense with the performance bond to be furnished by the bidder to comply with the provisions of §§
96-1 and
96-2 of Chapter
96.
C. The provisions of this section shall not apply to the sale or disposal
of personal property for which special provisions are provided by
law.
A. The head of a City agency having the custody or control of real or
personal property belonging to the City shall immediately notify the
Comptroller, in writing, upon the occurrence of:
(1) Destruction of or damage to such property resulting from accident,
fire, theft or other cause.
(2) Change of location involving the removal of personal property from
one building or place to another as a permanent place of use or storage.
B. Sale or exchange of personal property. The head of a City agency
having the custody and control of personal property belonging to the
City shall advise the Common Council, in writing, of his intention
to sell, exchange or otherwise dispose of such personal property and
await the approval of the Common Council before releasing such personal
property and then shall immediately notify the Comptroller, in writing,
that the property or a part thereof is sold, exchanged or otherwise
disposed of in accordance with the provisions of this Code or other
law. If the head of a City agency having the custody and control of
personal property belonging to the City releases such personal property
without complying with the above, he shall be held personally responsible
for the return of such personal property or the value thereof.
C. In the case of surplus firewood, the Commissioner of Parks shall notify the Common Council of the amount of firewood he wishes to dispose of, along with its condition. Should the Commissioner of Parks determine such wood represents a liability to the City and, therefore, should be disposed of, he may then request of the Council a public lottery for the disposition of said material. Upon approval, he shall announce said public lottery by publication per §
133-16. Upon completion of the public lottery, the Commissioner of Parks will report to the Council, for approval, the results of said lottery and may then dispose of any surplus firewood. No surplus firewood shall be declared available for public lottery purposes which is insect infested, diseased or decayed.
D. Exchange of animals.
(1) The Commissioner of Parks is authorized to exchange animals, birds,
fowl, fish, reptiles or other creatures of the Buffalo Zoo for other
zoological specimens of a similar value when such exchange is for
the best interest of the Buffalo Zoo.
(2) The Commissioner of Parks is hereby authorized, in his judgment and
discretion, to accept gifts of animals, birds, fish, reptiles or other
creatures or zoological specimens for exhibition at the Buffalo Zoo
and such equipment and personal property which may be required or
suitable for the exhibition thereof.
The Comptroller is hereby designated as receiver of the rents,
issues and profits of real property against which tax liens shall
remain unpaid for two years and with respect to which application
may be made by the City for the appointment of a receiver as provided
for in § 1072 of the Real Property Tax Law of the State
of New York.
The Director of the Parking Violations Bureau may convert, in
any calendar year, up to 1% of the City's unclaimed abandoned
vehicles with a value exceeding $750 or two such vehicles, whichever
is greater, to the City's own use, with approval of the Common
Council.
[Added 11-13-1990, effective 11-20-1990]
Containers distributed by the City of Buffalo for use in its
recycling program shall remain the property of the City of Buffalo.
The containers are to be used solely by the occupants of the property
in receipt of said containers and remain on said premises. The containers
are only for the purposes of disposing of recyclable materials in
accordance with the recycling program established by and for the City
of Buffalo.
[Added 11-13-1990, effective 11-20-1990]
It shall be a violation of this Code for any person, firm, corporation,
partnership or other entity to commit theft, conversion, larceny or
misuse of City property. This violation shall be punishable by a fine
of not less than $300 nor more than $1,500 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment for each
offense. This violation shall be in addition to any other charge or
remedy available under the law.
[Added 3-18-2003, effective 3-27-2003]
A. The City of Buffalo, pursuant to its authority as an owner of real
and personal property, for preserving the health, safety and general
welfare of the residents and visitors of the City and for preservation
of historic and other valuable assets of the City and the community,
hereby claims any and all salvage rights from City-owned properties.
Salvage rights may be a condition for the demolition by the City of
buildings conveyed to the City or by consent of owners of structures
not owned by the City.
B. The head of a City agency having the custody or control of real or
personal property belonging to the City about to be demolished shall
ensure that fixtures of architectural, aesthetic, or historic significance
that could be recycled are retrieved from the property, if the City
determines to salvage such property. If the City does not retain these
fixtures, the City, through the Director of Purchase and the Director
of Real Estate, shall sell the fixtures (and other salvageable materials
from the property) or contract for the removal and sale of the fixtures.
The Director of Purchase, Director of Real Estate or the entity that
the City contracts with to dispose of the fixtures shall report to
the Common Council and the Comptroller the sale of the fixtures and
the proceeds obtained from the sale of these fixtures.