City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-1939 by L.L. No. 3-1939, approved 5-22-1939]
[Amended 9-8-1982, approved 9-9-1982]
In addition to his other duties prescribed by law, the Comptroller shall have the care, custody and management of all property owned by the City of Mount Vernon and not devoted to public uses; collect and receive all rents and income from such properties; let the respective portions of such premises on a month-to-month rental basis, at a rental to be fixed by the City Council; make or have made all necessary repairs involving an expenditure of $2,500 or less and all repairs involving an expenditure of a greater amount shall be made only upon specific authorization by the City Council; deposit all moneys received by him from such properties into the general fund of the City of Mount Vernon; pay and disburse out-of-pocket appropriations claims for repairs, costs of operation and maintenance charges of such properties; and institute and prosecute all legal proceedings necessary to enforce the payment of rent or moneys due the City from such City-owned real property or to obtain possession of such premises to which the City may be entitled, all such legal proceedings to be conducted by the Corporation Counsel. On the 30th days of December and June in each year, the Comptroller shall submit to the City Council and the Board of Estimate and Contract a full detailed report of all such properties.
When any person, prior to the holding of a public auction, offers to purchase or lease real property belonging to the City, he shall submit his offer in writing to the City Council and deliver to the City Clerk with said offer a check or cash, in the amount of 25% thereof, as security that such person will bid the amount offered by him at the public auction for the sale or lease of such property and that he will execute and deliver all papers necessary to carry such sale or lease into effect if his bid for the purchase or lease of such property shall be accepted. Such deposit shall, in the event of the default of the person depositing the same to bid the amount of his offer and no bid of equal or greater amount is received by the City at the public auction, or of his failure to execute and deliver the necessary papers as hereinbefore provided, become the property of the City as liquidated damages. If on or before its second regular meeting following that at which such offer is submitted to it, the City Council shall not direct the sale or lease, as the case may be, by public auction of such real property, the City Clerk is authorized and directed to return the 25% deposit.
[Amended 7-10-1946 by L.L. No. 2-1946, approved 7-24-1946; 9-22-1948 by L.L. No. 3-1948, approved 10-7-1948; 9-13-1950 by L.L. No. 3-1950, approved 9-28-1950; 9-23-1953 by L.L. No. 5-1953, approved 10-9-1953; 7-24-1963 by L.L. No. 2-1963, approved 8-12-1963]
A. 
Upon the sale or lease of real property belonging to the City as herein provided, if such real property shall be sold or leased to a purchaser or lessee procured by a broker, the broker shall be entitled to receive commissions from the City, provided that all the requirements and conditions of this article, the rules and regulations established hereunder and the signed broker's agreement with the City are complied with. Brokers' commissions shall be earned, due and payable only if, as and when title is closed with the purchaser or lessee procured by the broker, or by the assignee of such purchaser or lessee. When any person offers, prior to the holding of a public auction, to purchase or lease real property belonging to the City, he shall certify in writing, duly acknowledged, whether any broker has induced or brought about the making of such offer, and shall designate the name and address of such broker and shall furnish such other information as shall be required by the City Council. No commission shall be paid for procuring any sale or lease to the person making the original offer unless the written authority of the broker to make the offer and to bid at the public auction, if such be the case, in behalf of any person for whom he is acting, signed and acknowledged by such person, or the certification provided above where the offeror himself makes such offer, shall be filed with the City Clerk at the time the offer of purchase or lease is delivered to the City Clerk. Where the broker, in bidding at the public auction, is acting for a person other than the person making the original offer, no commission shall be paid for procuring of any sale or lease to such person unless the written authority of the broker to bid at the public auction in behalf of the person for whom he is acting, signed and acknowledged by that person, shall be filed with the City Clerk at any time up to the hour of the day advertised for the sale to take place. Where the broker has procured a person to bid at the public auction other than the person who makes the original offer, no commission shall be paid for procuring the sale or lease to such person unless that person shall have filed with the City Clerk at any time up to the hour of the day advertised for the sale to take place, a certification in writing, signed and acknowledged by such person, that the broker has induced that person to bid at such public auction, designating the name and address of such broker and furnishing such other information as may be required by the City Council. Where no such certificate is filed or where there is no originating broker, the broker of the successful bidder shall be paid the full commission. The filing of authorizations or certifications provided for in this section shall be within the regular business hours of the City Clerk's office.
B. 
In addition to the foregoing, no broker shall be entitled to receive a commission from the City for the sale or lease of City property unless he shall have executed the real estate broker's agreement prescribed by the City. The Comptroller shall pay the broker's commission as provided for in this section out of the moneys received by him from the sale or lease of the particular parcel of property.
[Adopted 2-26-1947, approved 2-27-1947; amended 3-9-1955, approved 3-10-1955]
The following regulations shall govern the payment of commissions to real estate brokers upon the sale or lease of real property belonging to the City and not needed for municipal purposes, in accordance with the provisions of Local Law No. 3-1939, as amended by Local Law No. 2-1946:[1]
A. 
Amount of commissions.
(1) 
A real estate broker who has complied with the provisions and regulations of Local Law No. 3-1939, as amended by Local Law No. 2-1946 and Local Law No. 3-1953, shall be entitled to commissions from the City of Mount Vernon, as hereinafter more fully provided, if such broker produces a purchaser who has submitted a minimum bid for the property in question, satisfactory and acceptable to the City Council, and who has deposited with the City Clerk a certified check or cash in the amount of 25% of such minimum bid, and if at the time of the public sale such prospective purchaser or his agent actually does bid the minimum bid specified by him at the time of the deposit of his certified check or cash. If, however, such person is not the successful bidder and the final bid of another is approved and accepted by the Board of Estimate and Contract, then such broker who produced the original prospective purchaser who made the minimum bid approved and accepted by the City Council shall be entitled to receive a commission of 2 1/2% of the final sales price. In such case the broker for the successful bidder shall also be entitled to receive a commission of 2 1/2% based upon the highest bid made by the successful bidder; provided, however, that such broker has fully complied with the provisions and regulations of Local Law No. 3-1939, as amended by Local Law No. 2-1946 and Local Law No. 3-1953. Under no circumstances shall the total commissions on a specific sale exceed 5% of the final sales price.
(2) 
Where a minimum bid is received as hereinbefore mentioned and the sale is directed by the City Council and the prospective purchaser who made the minimum offer actually is the highest bidder at the public sale and if the sale is approved and accepted by the Board of Estimate and Contract, the broker for such purchaser shall receive a commission of 5% based upon the highest bid made at the public sale by his successful purchaser.
(3) 
No commissions shall become due or payable unless the broker or brokers claiming commissions have complied with the provisions and regulations of Local Law No. 3-1939, as amended by Local Law No. 2-1946 and Local Law No. 3-1953, and the final bid is approved and accepted by the Board of Estimate and Contract, and until the title is closed in accordance with the terms of the contract entered into between the City of Mount Vernon and the successful bidder.
B. 
When an auctioneer or agent is employed by the City in connection with a public auction for the sale or lease of City owned real estate, the amount of commissions payable by the City to the successful real estate brokers, other than such auctioneer or agent, shall be 2 1/2%, subject to the conditions, terms and provisions contained in Local Law No. 3-1939, as amended by Local Law No. 2-1946, and the real estate broker's agreement provided for therein. The foregoing commissions shall be paid by the City in addition to any commissions paid to such real estate brokers by the auctioneer and shall be payable as and when title is closed with the successful purchaser.
C. 
No commissions shall become due or payable unless the broker or brokers claiming commissions have complied with the provisions and regulations of Local Law No. 3-1939, as amended by Local Law No. 2-1946, and the final bid is approved and accepted by the Board of Estimate and Contract, and until the title is closed in accordance with the terms of the contract entered into between the City of Mount Vernon and the successful bidder.
[1]
Editor's Note: See Art. I of this chapter.
[Amended 11-8-1961, approved 11-9-1961]
A. 
There is hereby created a committee to be known as the "Real Estate Committee," consisting of the Comptroller, President of the City Council and the Commissioner of Assessment and Taxation. Said Committee shall recommend to the City Council the sale of surplus real property owned and/or acquired by the City not needed for municipal use and what buildings, if any, on such property should, in the interest of public health, safety and public good, be demolished.
B. 
The Committee shall elect annually a Chairman from its members. The members shall meet upon the call of the Chairman or as directed by the rules and regulations of the Committee or otherwise required by law and shall act by a majority vote.
C. 
The Committee shall have power to adopt rules and regulations, not inconsistent with law or the directions of the City Council, for the transaction of its business. The Committee shall elect annually an individual who shall serve as Secretary to the Committee and shall keep the minutes of its meetings. Said individual shall be an employee or appointee of the City, employed in the Office of the Comptroller or Office of the Assessor or Office of the City Council, and shall serve as Secretary to the Committee without additional compensation.
[Amended 6-26-2015, approved 6-26-2015]
D. 
Said Committee shall be in charge of negotiations for the purchase, listing, advertising and marketing of City-owned properties not needed for public use.
E. 
All offers for the sale or lease of City-owned property received by the City Clerk shall be delivered forthwith to the Real Estate Committee.
F. 
Simultaneously, the City Clerk shall forward a communication to the Commissioner of the Department of Public Works, the City Planning Board, the Department of City Planning, the Mount Vernon Urban Renewal Agency and the Department of Law that such offer has been made.
[Amended 10-28-1970, approved 10-29-1970]
G. 
Within 30 days after receipt of such communication from the City Clerk, the Commissioner of the Department of Public Works, the City Planning Board, the Department of City Planning, the Mount Vernon Urban Renewal Agency and the Department of Law shall notify the Real Estate Committee, in writing, whether they have any objections to the sale of said property. The Commissioner of the Department of Public Works shall state whether the City has or should retain any easement rights over the said property. The City Planning Board, the Department of City Planning and the Mount Vernon Urban Renewal Agency shall state whether the property is or may be needed for municipal use. Copies of said communications shall be forwarded by the Commissioner of the Department of Public Works, the City Planning Board, the Department of City Planning, the Mount Vernon Urban Renewal Agency and the Department of Law to the City Council.
[Amended 10-28-1970, approved 10-29-1970; 9-13-2011, approved 9-15-2011]
H. 
Within one week after receipt of said communications from said City officers and departments, the Real Estate Committee shall meet to approve or disapprove said offers and the said Committee shall submit its report to the City Council on or before the next meeting of said Council.
I. 
If said Committee disapproves an offer, it shall recommend to the offeror the amount of offer it will approve.
J. 
The Real Estate Committee, on its own initiative and discretion and without prior offer, is hereby authorized and empowered to select parcels of City-owned property not needed for municipal use, fix upset prices thereon and submit the same to the City Council for approval and the authorization for sale thereof at public auction. Said bulk sales shall be conducted by the Comptroller in the City Council chambers. There shall be no originating brokerage commission on the sale of said parcels selected by the Real Estate Committee and approved by the City Council, and the real estate broker for the successful bidder shall be entitled to receive a commission of 5% of the sale price, provided that the provisions of Local Law No. 3-1939, as amended by Local Law No. 2-1946 and Local Law No. 5-1953,[1] and the rules and regulations regarding brokerage agreements are complied with by the successful real estate broker representing the purchaser.
[1]
Editor's Note: See Art. I of this chapter.
K. 
The Comptroller is hereby authorized and directed to use display advertising on this type of bulk sales, the cost thereof to be defrayed out of moneys in the City of Mount Vernon Real Estate Account. Said Real Estate Committee shall have such further power and duties as may be provided by ordinance of the City Council.
L. 
The President of the City Council may appoint a member of the City Council to serve as a member of the Real Estate Committee in lieu of the President of the City Council, provided said appointment is made via duly adopted resolution of the City Council. Said appointment shall be for a term of one year commencing in January and terminating in December of the applicable year.
[Added 2-22-2017[2]]
[2]
Editor's Note: The ordinance adopted this date was vetoed by the Mayor but said veto was overridden by vote of the Council on 3-8-2017.
This article shall supersede any and all ordinances upon the same subject matter inconsistent herewith.
This article shall take effect immediately, and its terms, conditions and provisions shall apply to and determine the commissions payable to any real estate broker who, subsequent to the effective date of this article, files a certification and authority pursuant to the provisions of Subdivision 3 of Local Law No. 3-1939, as amended by Local Law No. 2-1946.[1]
[1]
Editor's Note: See Art. I, § 205-3, of this chapter.