Except as herein provided, all sales or leases of City-owned real estate
shall be subject to the provisions of § 23 of the General City Law
of the State of New York, and no such sale or lease shall be made or authorized
except by a vote of 3/4 of all of the members of the City Council.
[Amended 8-7-2000]
The City Council may by resolution sell, convey, exchange, grant or
release any City real estate at public or private sale, and grant rights or
interests in, over, under and across any real property in which the City has
any right, title or interest for such consideration and upon such terms and
conditions as the City Council may deem proper.
[Amended 8-7-2000]
Public notice of any public sale shall be published at least once each
week for three weeks, so that at least 21 days shall have elapsed between
the date of the first publication and the date of the sale, in the newspaper
having the highest paid circulation within the City of Corning. Such notice
of sale shall set forth the time and place of such public auction, the general
terms thereof and a brief description of the property to be sold, together
with any general or specific restrictions with respect to said property. Incorporation
of the provisions of this chapter by reference in such notice of sale shall
be deemed sufficient.
[Amended 8-7-2000; 2-6-2004]
All public sales or leases shall be held under the direction of the
Superintendent of Public Works upon terms and conditions fixed by him/her
and which shall include, but not be limited to, the following general terms
and conditions:
A. Ten percent of the purchase money for said premises shall
be required to be paid to the City Finance Director at the time of sale, for
which a receipt shall be given.
B. The residue of the purchase money shall be required to
be paid to the City Finance Director at his/her office in City Hall in the
City of Corning, New York, on the 10th day following the sale, unless some
other place and/or date shall be fixed by the Finance Director, when the City
of Corning's deed, as approved by the City Attorney, will be ready for
delivery.
C. The Finance Director shall not be required to send any
notice to the purchaser, other than the closing date and place, and if the
purchaser neglects to call at the time and place specified to pay the residue
of the purchase money and to receive his/her deed, he/she will be charged
with interest thereafter on the whole amount of his/her purchase, unless the
Finance Director shall deem it proper to extend the time for the completion
of said purchase.
D. All taxes, assessments, water rates, and other encumbrances
which, at the time of sale, are liens or encumbrances upon said premises will
be allowed by the Finance Director out of the purchase money, provided that
the purchaser shall, previous to the delivery of the deed, produce to the
Finance Director proof of such liens and duplicate receipts for the payments
thereof.
E. The purchaser of said premises, or any portion thereof,
shall, at the time and place of sale, sign a memorandum of his/her purchase
and an agreement to comply with the terms and conditions of the sale.
F. The biddings shall be kept open after the property is
struck down, and in case any purchaser shall fail to comply with any of the
above conditions of sale, the premises so struck down to him/her shall be
again put up for sale under the direction of the Superintendent of Public
Works of the notice of sale and under the same terms of sale; and such purchaser
shall be liable for and forfeit to the City the 10% deposit made by him/her,
which shall be and become the property of the City, as and for its liquidated
damages.
The City Council may, in its discretion, make or authorize a sale or
lease of City-owned real property, acquired through tax proceedings or by
purchase of the county's tax title, without compliance with the provisions
of this chapter upon such terms and conditions as it deems in the best interests
of the City.
The provisions of this chapter shall not apply to the City's annual
tax sales.