[HISTORY: Adopted by the Common Council of the City of Plattsburgh
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sale of tax-foreclosed property — See Ch. 310.
[Adopted by L.L. No. 1-1990; amended in its entirety by L.L. No. 6-2008 (Ch. 241, § 241-1, of the 1989 Code)]
As used in this chapter, the following terms shall have the
following meanings:
Fee title, easements and other interests in real property
that may be granted or conveyed by the owner of the fee title.
Any real property within the City of Plattsburgh which, as
a result of nonpayment of taxes, has been conveyed indefeasibly to
the City of Plattsburgh.
The Common Council of the City of Plattsburgh may by resolution establish such criterion as it deems in the best interest of the people of the City of Plattsburgh for the disposal of parcels of real property owned by the City as a result of title having been acquired through a tax sale. The Council may make such transfers for consideration or without consideration on such terms as it deems proper. (See Chapter 310, Sale of Tax-Foreclosed Property.)
The Common Council of the City of Plattsburgh may by resolution
establish such criterion as it deems in the best interest of the people
of the City of Plattsburgh for the disposal of real property owned
by the City. Such resolution shall include the following findings:
A.
The property is not park, recreation or other property that is inalienable
under the New York Constitution.
B.
The property is surplus property in that it is not needed for a public
purpose, now or in the foreseeable future.
C.
The consideration to be paid or given by the person acquiring the
property is fair and reasonable and the transfer does not constitute
an unconstitutional gift of public property. In determining whether
the consideration is fair and reasonable, the Common Council may consider
the following:
D.
The Council may make such transfers for consideration or without
consideration on such terms as it deems proper, only upon a 3/4 majority
vote of all of the members of the Common Council.
E.
The authority to dispose of City-owned property under this chapter
is not exclusive, but in addition to, the authority given under state
law and other City laws.
[Adopted by L.L. No. 4-1992; amended in its entirety by L.L. No. 3-1993 (Ch. 241, § 241-2, of the 1989 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Lands, buildings, space within buildings, fixtures, and equipment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Property which the Common Council finds has a fair market rental
value of not more than $5,000 per year and is not offered for lease
for a term in excess of three years may be leased in accordance with
the following procedures:
A.
The Common Council shall adopt a resolution which finds:
(1)
The property is not needed for a public-purpose during the proposed
lease term.
(2)
The fair market rental value of the land or building is estimated
to be not more than $5,000 per year, exclusive of the cost of utilities,
maintenance and other expenses required to be paid by the tenant.
(3)
The proposed lease term will not exceed three years.
(4)
That sufficient notice of the availability of the property for lease
has been given to the public by a newspaper article, or a news story
broadcast on radio or television, or by mailing notice to persons
in Clinton County who may be interested in leasing the property.
(5)
And that:
(a)
Either the proposed lessee is the only person known to be interested
in leasing the property; or
(b)
If other persons have expressed interest, that the proposed
lessee has made the best offer to lease the property, considering:
rent, tenant improvements, compatibility of intended use of the premises
with nearby uses and City objectives, tenant experience in successfully
operating businesses engaged in similar uses.
B.
Upon making the above findings, the Common Council may by resolution
approve the lease of such property on such terms as it deems advisable.
Property which the Common Council finds has a fair market rental
value in excess of $5,000 per year, or property offered for lease
for a term in excess of three years, shall be leased in accordance
with the following procedures:
A.
The Common Council shall find that the property is not needed for
a public purpose during the proposed lease term.
B.
A summary of the proposed lease terms shall be published for two
days in any ten-day period not less than 15 nor more than 30 days
before the date set for receiving offers to lease. Such summary shall
include a description of the leased property, the minimum rent, the
maximum lease term, and such other terms and conditions the Common
Council may find advisable to include in such notice. Such notice
shall also include the date, time and place of a public auction at
which offers to lease shall be accepted.
C.
Offers to lease the property shall be accepted at a public auction.
Sealed bids may be submitted prior to the commencement of the auction
and shall be opened and read aloud before asking for bids from those
present at the auction.
D.
The Common Council shall have the right to reject all bids received,
but when the Council determines to accept a bid it shall accept the
bid of the highest responsible bidder. Notice of acceptance of a bid
shall be sent within 30 days of the date of the auction.
