City of Buffalo, NY Article III Real and Personal Property

[Derived from Art. XI of Ch. III of the Charter and Ordinances, 1974]

§ 133-10 Disposal of City buildings.

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.

§ 133-11 Acquisition of real property.

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.

§ 133-12 Leases, concessions, licenses and rights.

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]

§ 133-13 Renewals of leases, concessions, licenses and rights.

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.

§ 133-14 Records required; retention of records.

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.

§ 133-15 Rules and regulations for operation of concessions.

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.

§ 133-16 Sale of waste materials and surplus property.

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.

§ 133-17 Notification of loss, destruction, transfer, sale or exchange of property.

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.

§ 133-18 Receiver of rents.

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.[1]

[1] Editor's Note: Said section was repealed by L. 1993, c. 602, § 4, effective January 1, 1995.

§ 133-19 Conversion of abandoned vehicles.

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.

§ 133-20 Recycling container.

[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.

§ 133-21 Theft, conversion or misuse of City property.

[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.

§ 133-22 Architectural salvage.

[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.