[Adopted 8-1-1989 by L.L. No. 5-1989, approved 8-22-1989[1] (Ch. 103, Art. XI, of the 1984 Code)]
[1]
Editor's Note: This local law superseded former
Art. XI, Procedure for Disposing of Streets, adopted 4-14-1987 as
L.L. No. 3-1987 as L.L. No. 3-1987, approved 4-20-1987.
The City Planner shall, from time to time, establish
a list of streets or portions of streets in the City of Kingston that
are no longer used as public thoroughfares. For the purposes herein,
the term "street" shall refer to both those thoroughfares that were
formerly utilized by the public as a means of passage or these lands
that were laid out on subdivision plots as public ways but which were
never utilized for such purposes and are now vacant. Such streets
shall be set forth on a ward-by-ward basis by the City Planner.
The Planner shall cause deed descriptions of
said streets to be prepared by the Engineer's office. The deed description
shall be prepared within 30 days from the date of referral by the
Planner.
Alternatively, any person who shall desire to
purchase a street or portion thereof which is no longer used as a
public thoroughfare shall address such request to the Mayor and the
Common Council. The Council shall determine whether the street is
of public use or whether it is in the interest of the City of Kingston
to sell such street. Prior to its determination that it would be appropriate
for the City of Kingston to sell said street, the Council shall direct
the Planner to cause a deed description of said property to be prepared
by the Engineer's office. The deed description shall be prepared within
30 days from the date of referral to the Planner by the Common Council.
The description contained in such deed shall
reasonably identify to the real property being sold by the City of
Kingston, but need not be by a survey metes and bounds description.
Upon the completion of the deed description,
the City Planner shall present those streets to be sold to the Assessor,
who shall determine the names of the owners of the real property adjacent
to such streets or portions of such streets to the center line thereof.
In addition thereto, the Assessor shall determine
the value of the parcel contained in the street opposite each of said
parcel owners. In determining such price, the Assessor shall take
into consideration, among other things, the following: the dimensions
of the parcel, the reuse for which the parcel lends itself, the public
benefit to be gained by having the street in private ownership, the
quality of title and the cost to the city in conveying its ownership.
Upon completion of the Assessor's duties, the
matter shall be presented to the Common Council Laws and Rules Committee,
which shall hold a public hearing regarding the proposed sale of the
streets. Such hearing shall be held upon 10 days' notice; such notice
to be in the same form as any other legal notice and shall be placed
in the official newspaper of the City of Kingston.
The Common Council shall, by majority vote pursuant
to resolution, accept or reject any or all of the streets proposed
to be sold. The resolution shall be presented to the Mayor for his
approval.
[Amended 7-11-1995 by L.L. No. 5-1995; approved 7-28-1995]
Following approval by the Common Council and
the Mayor, the Assessor shall determine a value of that portion of
the street opposite their parcel to the center line thereof. In the
event that such adjacent owner should decline to purchase such portion
of the street opposite his or her premises or fail to respond to the
offer within 30 days or receipt, then the same shall be offered to
the owner(s) of adjacent properties, and if said owners shall also
decline or fail to respond to the offer within 30 days or receipt,
then the same shall be offered to the general public, to be sold to
the highest bidder, by advertising the same at least twice in the
official newspaper and, upon the receipt of such bids, shall be sold
to the highest bidder, provided that the sale and purchase price shall
be at least equal to the value placed upon the same by the Assessor.
[Amended 7-11-1995 by L.L. No. 5-1995; approved 7-28-1995]
Upon completion of negotiation, the terms of
sales shall be presented to the Common Council for approval by majority
vote. Within 30 days of receipt of the Common Council's approval of
the sale, the buyer must remit payment in full. Upon failure to remit
timely payment in full, the terms of the sale shall be withdrawn and
the city shall be free to negotiate to sell to other interested parties.
No lands lying within the bed of a street shall
be conveyed unless there shall be purchasers for the entire lands
lying within the street sought to be conveyed, it being the intention
hereof that at no time should there be a landlocked inaccessible portion
of such street remaining in public ownership. If there is a portion
of the street for which no purchaser is found, then the city shall
withdraw from sale such street.
The city shall convey such title as it may have
to the lands lying within the streets or portions of streets by quitclaim
deed or such other form of deed as the Corporation Counsel shall deem
to be in the best interests of the City of Kingston.
Upon recommendation of any City of Kingston
governmental agency and approval by the Mayor, any deed of conveyance
may reserve unto the City of Kingston the right to lay waterlines
and sewer lines and mains, to use the same for collection, transmission
and discharge of the drainage of waters and for such other and different
purposes which might at the time appear to be appropriate.
The deed of conveyance for such lands shall
be executed by the Mayor and be delivered upon payment in full to
the Comptroller of the sales and purchase price as shall have been
approved by the Common Council and the Mayor.
