[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.
[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.
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]
