[Ord. of 2-21-1944, § 3]
In the case of a proposed sale or lease of real estate or franchise,
such real estate or franchise shall be sold or leased at public auction
at the City Hall to the highest bidder who shall be required to pay
to the City Chamberlain at the time of said auction 10% of the amount
bid, as security for the performance of the terms in case of a sale,
and such sum as the Common Council may have determined by resolution
in case of a lease.
[1]
State law references: Sale, lease of City real estate, franchises,
§ 23, Subdivision 2b, of the General City Law.
[Ord. of 2-21-1944, § 2; Ord. of 3-7-1979, § 1; Ord. of 2-2-1982, § 1,
2]
Any real estate or franchise belonging to or under the control
of the City may be offered for sale or lease at public auction by
the City Chamberlain authorized by resolution adopted by the affirmative
vote of 3/4 of all the members of the Common Council. In addition
to any such public auction as may be authorized, from time to time,
as aforesaid, the City Administrator shall, on a semiannual basis,
provide for public auction of City-owned properties obtained by tax
deed. The City Administrator may, however, exclude from any such auction
such properties as, in the opinion of the City Administrator, are
appropriate for retention by the City of Poughkeepsie for public purposes.
[Ord. of 2-21-1944, § 5]
The resolution provided for in Section 2-35 shall contain provisions fixing the minimum purchase price of any real estate or franchise, in the event of a sale, and of the rental, in the case of a lease, and the time for the payment thereof and may provide for reservations and restrictions on the use of said real estate or franchise or property to be leased; for a reverter thereof to the City upon the failure of the purchaser to comply therewith; for the sale or lease of any real estate or of any franchise, subject to the use of a portion thereof by the City or subject to existing rights of others therein or existing restrictions thereon; and for such other terms or conditions as the Common Council may deem necessary.
[Ord. of 2-21-1944, § 6]
Upon the adoption of the resolution provided for in Section 2-35 and within 10 days thereafter, the City Chamberlain shall prepare a notice of sale or lease, containing a description of the property to be sold or leased, and the terms and conditions, reservations or restrictions in respect thereto, and shall publish the same as provided in Section 2-38.
[Ord. of 2-21-1944, § 4]
Public notice of the sale or lease of City real estate or of
any franchise belonging to or under the control of the City shall
be published once in each week for three successive weeks immediately
preceding such sale in the official paper.
[Ord. of 2-21-1944, § 7]
At the time and place set forth in the notice described in Section 2-38, the City Chamberlain shall offer said real estate or franchise for sale or lease in accordance with the terms of said notice and accept the bid of the highest bidder, who shall then be required to deposit the security as herein provided and sign a memorandum of the purchase, which shall provide for the payment of the balance of the purchase price in the event of a sale and the execution and compliance with the terms of a lease in the event of a lease, within 30 days after the approval of such sale or lease as herein provided.
[Ord. of 2-21-1944, § 8]
At the next regular meeting of the Common Council succeeding
said sale or lease, the City Chamberlain shall submit a report thereof,
with a copy of the notice of sale or lease and memorandum, signed
by the highest bidder, and the Common Council may, at any succeeding
regular meeting by a vote of 3/4 of all the members thereof, authorize
such sale or lease to said highest bidder, when and if approved by
the Mayor.
[Ord. of 2-21-1944, § 9]
Should 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 be submitted to the voters upon a demand being filed as
provided in Section 23, Subdivision 2b, of the General City Law, the
payment of the balance of the purchase price in the event of a sale,
or the execution of a lease in the event of a lease, shall be postponed
and completed within 30 days after such sale or lease has been approved
at a general or special election.
[Ord. of 2-21-1944, § 10]
When a sale or lease regulated herein shall have been duly authorized
and approved by the Mayor as herein provided, the Mayor shall execute
any conveyance or lease in the name of the City and shall have the
Corporate Seal of the City attached thereto.
