This chapter is enacted for the purpose of establishing regulations
for the sale of City real estate and franchises.
[Amended 2-12-2001 by L.L. No. 1-2001]
Sale or lease of City real estate or of a franchise shall be
done in accordance with the following:
A. Unless
otherwise provided by this section, the sale or lease of City real
estate or of a franchise shall be at public auction to the highest
bidder.
(1) Vote required. No sale or lease shall be made or authorized except
by vote of 3/4 of all the members of the City Council.
(2) Public notice. No sale or lease shall be made until after public
notice to be published at least once each week for three weeks in
the official paper of the City.
(3) Deposit required. No bid shall be accepted unless the successful
bidder shall pay a deposit of 10% thereof.
(4) Payment. Notice of the sale or lease shall specify that the purchase
price shall be paid in cash at such time and place as shall be designated
in the resolution authorizing the sale or lease.
(5) Restriction on use. The City Council shall have the power to establish
restrictions, limitations and conditions on the use of the City real
estate offered for sale or lease.
(6) Other restrictions. The City Council shall have the power to establish
by resolution such other terms or conditions in connection with the
sale or lease of real estate or of a franchise as it deems to be in
the best interests of the City.
(7) Term of franchise. No franchise shall be granted or be operated fix
a period longer than 50 years.
(8) Extension of franchise. The City Council may, however, grant to the
owner or lessees of an existing franchise, under which operations
are actually being 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 any
advertisement, as the City Council may determine.
B. A
lease of City-owned property may, at the election of the City Council
of the City of Ogdensburg, be done in accordance with the following
regulations:
(1) Negotiation. The City Manager may present to the City Council, for
its consideration, the terms of a negotiated lease of City-owned property.
(2) Vote required. No lease shall be made or authorized except by vote
of 3/4 of all the members of the City Council.
(3) Procedure. The City Council shall be presented with the proposed
lease of City property and shall call for a public hearing on the
proposed lease. Action on said proposed lease shall be by ordinance
after said public hearing.
Upon a demand being filed as set forth in § 23, Subdivision
2b, of the General City Law as amended, the question whether any proposed
sale or lease of City real estate or of any franchise belonging to
or under the control of the City shall be approved, shall be submitted
to the voters as specified in said § 23, Subdivision 2b,
of the General City Law, as amended.
[Added 3-8-2004 by L.L.
No. 1-2004]
The City Council of the City of Ogdensburg is hereby granted
the authority to take back a purchase money mortgage so as to secure
all or a portion of the purchase price of real property sold pursuant
to this chapter or any other provision of law. Said authority may
be exercised in accordance with the following conditions and regulations:
A. The City Manager may present to the City Council, for its consideration,
the terms of a negotiated sale of real property acquired by the City
by reason of nonpayment of real property taxes, assessments or other
charges.
B. All or a portion of the purchase price of said property may be paid
pursuant to a purchase money mortgage, the terms of which are to be
negotiated by the City Manager and presented to the City Council.
C. Said negotiated sale and purchase money mortgage shall not be binding
on the City of Ogdensburg until approved by the City Council of the
City of Ogdensburg.
D. No sale where part of the purchase price is to be secured by the
taking back of a purchase money mortgage shall be made or authorized
except by a vote of 3/4 of all the member of the City Council.
E. The City Council shall be presented with the proposed terms of sale
and may approve said sale and the taking of a purchase money mortgage
by resolution.
It is the intention of this chapter to establish a method for
the sale or lease of City real estate or of a franchise and that this
chapter is not intended to restrict the exercise of any power now
vested in the City.