[HISTORY: Adopted by the Common Council of the City of Fulton 9-1-1959 (Ch. 4 of the 1991 Code). Amendments noted where applicable.]
No sale or lease of City real estate or of any franchise belonging to or under the control of the City shall be made or authorized except by vote of 3/4 of all the members of the Common Council.
[Amended 10-30-1991 by L.L. No. 4-1991; 5-4-2004 by L.L. No. 2-2004]
Whenever the City of Fulton shall become vested with the title to real property by virtue of a foreclosure proceeding, the City of Fulton is authorized to sell and convey the real property so acquired, either with or without advertising for bids, notwithstanding the provisions of any general, special or local law.
No such sale shall be effective unless and until such sale shall have been approved and confirmed by a 2/3 vote of the Common Council, except that no such approval shall be required when the property is sold at public auction to the highest bidder.
[Added 10-30-1991 by L.L. No. 4-1991]
Notwithstanding the provisions of Subdivision 2b of § 23 of the General City Law, or of any special act, local law or Charter, real property owned by the City which is not needed for a public or municipal purpose may be leased or sold at public sale or by private sale. In the event that the Common Council determines that a private sale would be in the best interests of the City, then a resolution shall be passed by a vote of at least 3/4 of all of the members of the Common Council stating that the private sale is determined to be in the best interest of the City and that the real property which is the subject of the sale has no viable public purpose or municipal purpose. This section shall be deemed not to apply to real property in which the City became the owner by and through a tax sale for nonpayment of real estate taxes.
No franchise shall be granted or be operative for a period longer than 50 years. The Common Council may, however, grant to the owner or lessee of an existing franchise, under which operations are being actually 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 advertisements, as the Common Council may determine; provided, however, that no such grant shall be operative until also approved by the Mayor.
[Amended 12-1-2009 by L.L. No. 6-2009]
In case a demand is filed as hereinafter provided, the question whether such proposed sale or lease of City real estate or a franchise belonging to or under the control of the City shall be approved shall be submitted to the voters of the City at a general or special election after public notice to be published at least once each week for three weeks in the official paper. Such a demand shall be subscribed and acknowledged by the voters of the City equal in number to at least 10% of the total number of votes cast therein at the last preceding general election and shall be filed in the office of the Clerk/Chamberlain before the adoption of the final ordinance or resolution approving and authorizing such sale or lease. If such a demand is filed, as aforesaid, such sale or lease of real estate or such franchise shall not take effect unless, in addition to the foregoing requirements, a majority of the electors voting thereon at such election shall vote in the affirmative.