[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983
by L.L. No. 2-1983 as Ch. I, Art. VI, of the 1983 Code. Amendments noted where
applicable.]
Whenever a piece or parcel of land, situate in the City of Albany, shall
be offered for sale or sold and a map thereof made, it shall be the duty of
the owner or owners to file forthwith a copy of said map in the office of
the Assessors of said City.
Any person or persons who shall refuse or fail to comply with the first
provision of this article shall incur a penalty of twenty-five dollars ($25.)
for each offense, to be recovered by civil action in the name of the City
of Albany.
Notwithstanding the provisions of § 37 of the Second Class
Cities Law, the Common Council of the City of Albany may, by vote of three-fourths
(3/4) of its members, authorize a lease to the United States of America of
that piece or parcel of land, as follows: Beginning at point in the west line
of the pier, sixty-two (62) feet southerly from the south side of the State
Street Bridge and running thence southerly one hundred twenty (120) feet;
thence easterly fifty (50) feet; thence northerly one hundred twenty (120)
feet; thence westerly fifty (50) feet to the place of beginning, said property
being commonly known as the "Albany Yacht Club," together with the building
and appurtenances thereon, and together with the use of the approach bridge
to Quay Street and Downtown Albany or such other mutually agreed right-of-ingress
and -egress. In the case of such lease as aforesaid, an ordinance shall permit
the same without the necessity of public auction and shall permit such lease
by private agreement upon such terms and conditions as may be mutually agreed
between the Mayor of the City of Albany and the United States of America.
Such lease shall not be valid or take effect until approved by the Board of
Estimate and Apportionment.
[Amended 2-23-1984 by L.L.
No. 4-1984]
No ordinance shall be passed making or authorizing a sale or lease of
City real estate or of any franchise belonging to or under the control of
the City except by the vote of three-fourths (3/4) of all the members of the
Common Council. In the case of a proposed sale or lease of real estate or
of a franchise, the ordinance must provide for a disposition of the same at
private sale or lease for such consideration and upon such terms as the City
Common Council may deem proper or at public auction to the highest bidder,
under proper regulations as to the giving of security and after public notice,
to be published once each week for three (3) weeks in the official paper or
papers. A sale or lease of real estate or a franchise shall not be valid or
take effect unless made as aforesaid and subsequently approved by a resolution
of the Board of Estimate and Apportionment. No franchise shall be granted
or be operated for a period longer than fifty (50) years. The Common Council
may, however, grant to the owner or lessees 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 an advertisement,
as the Common Council may determine; provided, however, that no such grant
shall be operative unless approved by the Board of Estimate and Apportionment
and also by the Mayor.
Notwithstanding the provisions of Section 1 of Chapter 287 of the Laws
of 1943, amending Subdivision 2a of § 20 of the General City Law,
the Common Council shall continue to possess the power heretofore conferred
upon it by the terms and provisions of § 37 of the Second Class
Cities Law, constituting a part of the Charter of the City of Albany, to make
or authorize a lease of City-owned real estate.
