City of Ogdensburg, NY Chapter 11 City-Owned Real Estate and Franchises, Sale of

[HISTORY: Adopted by the City Council of the City of Ogdensburg 12-15-1975 as Ch. 9 of the 1975 Ogdensburg Municipal Code. Amendments noted where applicable.]

§ 11-1 Purpose.

This chapter is enacted for the purpose of establishing regulations for the sale of City real estate and franchises.

§ 11-2 Sale or lease procedure; restrictions.

[Amended 2-12-2001 by L.L. No. 1-2001]

Sale or lease of City real estate or of a franchise shall be done in accordance with the following:

A. Unless otherwise provided by this section, the sale or lease of City real estate or of a franchise shall be at public auction to the highest bidder.

(1) Vote required. No sale or lease shall be made or authorized except by vote of 3/4 of all the members of the City Council.

(2) Public notice. No sale or lease shall be made until after public notice to be published at least once each week for three weeks in the official paper of the City.

(3) Deposit required. No bid shall be accepted unless the successful bidder shall pay a deposit of 10% thereof.

(4) Payment. Notice of the sale or lease shall specify that the purchase price shall be paid in cash at such time and place as shall be designated in the resolution authorizing the sale or lease.

(5) Restriction on use. The City Council shall have the power to establish restrictions, limitations and conditions on the use of the City real estate offered for sale or lease.

(6) Other restrictions. The City Council shall have the power to establish by resolution such other terms or conditions in connection with the sale or lease of real estate or of a franchise as it deems to be in the best interests of the City.

(7) Term of franchise. No franchise shall be granted or be operated fix a period longer than 50 years.

(8) Extension of franchise. The City Council may, however, grant to the owner or lessees of an existing franchise, under which operations are actually being carried on, such additional rights or extensions in the street or streets in which said franchise exists, upon such terms as the interests of the City may require, with or without any advertisement, as the City Council may determine.

B. A lease of City-owned property may, at the election of the City Council of the City of Ogdensburg, be done in accordance with the following regulations:

(1) Negotiation. The City Manager may present to the City Council, for its consideration, the terms of a negotiated lease of City-owned property.

(2) Vote required. No lease shall be made or authorized except by vote of 3/4 of all the members of the City Council.

(3) Procedure. The City Council shall be presented with the proposed lease of City property and shall call for a public hearing on the proposed lease. Action on said proposed lease shall be by ordinance after said public hearing.

§ 11-3 Submission to voters.

Upon a demand being filed as set forth in § 23, Subdivision 2b, of the General City Law as amended, 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 shall be approved, shall be submitted to the voters as specified in said § 23, Subdivision 2b, of the General City Law, as amended.

§ 11-3.1 Purchase money mortgage to secure payment of purchase price.

[Added 3-8-2004 by L.L. No. 1-2004]

The City Council of the City of Ogdensburg is hereby granted the authority to take back a purchase money mortgage so as to secure all or a portion of the purchase price of real property sold pursuant to this chapter or any other provision of law. Said authority may be exercised in accordance with the following conditions and regulations:

A. The City Manager may present to the City Council, for its consideration, the terms of a negotiated sale of real property acquired by the City by reason of nonpayment of real property taxes, assessments or other charges.

B. All or a portion of the purchase price of said property may be paid pursuant to a purchase money mortgage, the terms of which are to be negotiated by the City Manager and presented to the City Council.

C. Said negotiated sale and purchase money mortgage shall not be binding on the City of Ogdensburg until approved by the City Council of the City of Ogdensburg.

D. No sale where part of the purchase price is to be secured by the taking back of a purchase money mortgage shall be made or authorized except by a vote of 3/4 of all the member of the City Council.

E. The City Council shall be presented with the proposed terms of sale and may approve said sale and the taking of a purchase money mortgage by resolution.

§ 11-4 Intent.

It is the intention of this chapter to establish a method for the sale or lease of City real estate or of a franchise and that this chapter is not intended to restrict the exercise of any power now vested in the City.