§ 20 — Grant of specific powers

New York § 20

• Jurisdiction: New York
• Law GCT: General City
• Art. 2-A: Powers of Cities

Text

§ 20. Grant of specific powers. Subject to the constitution and\ngeneral laws of this state, every city is empowered:\n 1. To contract and be contracted with and to institute, maintain and\ndefend any action or proceeding in any court.\n 2. To take, purchase, hold and lease real and personal property within\nand without the limits of the city; to acquire pursuant to the\nprovisions of the eminent domain procedure law, real property within or\nwithout the limits of the city for the construction, maintenance and\noperation of a sewage disposal plant, together with necessary rights of\nway for extending its sewage system to, and connecting the same with\nsuch disposal plant, to acquire or purchase real property and/or\npersonal property within or without the limits of the city necessary for\nthe construction, maintenance and operation of a water supply system for\nsuch city together with necessary rights of way for extending its water\nsupply system to and connecting the same with a source or sources of\nwater supply; to acquire by purchase, if the city is able to agree with\nthe owners on the terms thereof, and otherwise in the manner provided by\nthe eminent domain procedure law, real property within or without the\nlimits of the city for the construction, maintenance and operation of\ndrainage channels and structures for the purpose of flood control, when\nplans for such purpose have been approved by the state department of\nenvironmental conservation, together with necessary rights of way for\nextending such channels and structures; and also to acquire real and\npersonal property within the limits of the city, for any public or\nmunicipal purpose, and to sell and convey the same, but the rights of a\ncity in and to its water front, ferries, bridges, wharf property, land\nunder water, public landings, wharves, docks, streets, avenues, parks,\nand all other public places, are hereby declared to be inalienable,\nexcept in the cases provided for by subdivision seven of this section.\n Notwithstanding any other provision of law, general, special or local,\ncities with a population of one million or more inhabitants shall have\nthe additional power to acquire any property and the franchises of any\nperson, firm or corporation situated within such city, used and usable\nin the operation of omnibus lines which are entirely within and do not\nextend beyond the boundaries of such city, the immediate acquisition of\nwhich property and franchises is determined by the board of estimate or\nother appropriate governing body of such city to be necessary to serve\nthe public convenience through the provision of adequate omnibus\ntransportation, notwithstanding the fact that such property and\nfranchises were or are devoted to a public use. The term "property" as\nused in this subdivision is defined to include lands, waters, rights in\nlands or waters, structures, franchises and interests in land, including\nlands under water and riparian rights, and any and all other things and\nrights usually included within the said term and includes also any and\nall interests in such property less than full title, such as easements\npermanent or temporary, right-of-way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right\nlegal or equitable, and omnibuses, rolling stock and any other form of\nreal or personal property. Acquisition of such property shall be in\naccordance with the provisions of the eminent domain procedure law.\n Notwithstanding the provisions of any general, special or local law to\nthe contrary, such city may authorize, issue and sell obligations,\npursuant to the local finance law, to pay for the cost of any\nacquisition or acquisitions of such property used and usable in the\noperation of omnibus lines provided, however, that no such obligations\nshall be authorized, issued, sold or refunded after September thirtieth,\nnineteen hundred sixty-three, except, however, that such obligations may\nbe authorized, issued, sold or refunded by such city pursuant to such\nlaw after such date, to pay for the cost of any acquisition or\nacquisitions of such property, title to which vested in such city prior\nto July first, nineteen hundred sixty-two. The maximum period of\nprobable usefulness for each such object or purpose for which\nobligations may be issued hereunder is hereby determined to be as\nfollows:\n a. The acquisition of real property, thirty years.\n b. The acquisition of omnibuses and other necessary personal property,\nfive years.\n c. The acquisition of franchises, five years.\n Notwithstanding any general, special or local law to the contrary, the\ncity of New York is hereby required to acquire by condemnation, and to\nmaintain and operate, all or part of the plants, properties, mains,\npipes, facilities, easements, franchises and other real or personal\nproperty of the Jamaica Water Supply Company constituting or related to\nthe water distribution system located in the city of New York,\nnotwithstanding the fact that such property or part thereof was or is\ndevoted to a public use. Notwithstanding any general, special or local\nlaw to the contrary, title to the property condemned under the preceding\nsentence shall vest in the city of New York and compensation shall be\npaid only (a) upon a decision by the supreme court that compensation for\nthe property so condemned shall be determined solely by the income\ncapitalization method of valuation, based on the actual net income as\nallowed by the public service commission, and (b) upon such court's\ndetermination of the amount of such compensation, based upon the income\ncapitalization method, entry of the final judgment, the filing of the\nfinal decree, and the conclusion of any appeal or expiration of the time\nto file an appeal related to the condemnation proceeding. Should any\ncourt determine that a method of compensation other than the income\ncapitalization method be utilized, or if the proposed award is more than\nthe rate base of the assets taken in condemnation as utilized by the\npublic service commission in setting rates and as certified by the\npublic service commission, the city of New York may withdraw the\ncondemnation proceeding without prejudice or costs to any party.\n 2-a. To make and execute by its local governing body, a lease or\nleases of space in any building owned by the city for a term or terms of\nnot to exceed three years, provided that not more than one-half of the\nspace in any such building may be so leased to any one person and\nprovided that the annual rent does not exceed the sum of five thousand\ndollars. Any such lease may be made without holding a public auction or\nrequiring the submission of sealed bids therefor, but no such lease\nshall be made and executed unless notice of the proposed leasing is\npublished as required by law for three days in any seven day period.\nSuch notice shall contain a summary of the terms and conditions of the\nproposed lease which shall include a statement of the area of space\nproposed to be leased, the location of the building in which such space\nis contained and the rent to be paid therefor.\n 3. To take by gift, grant, bequest or devise and to hold and\nadminister real and personal property within and without the limits of\nthe city, absolutely or in trust for any public or municipal purpose,\nupon such terms and conditions as may be prescribed by the grantor or\ndonor and accepted by the city.\n 4. To levy and collect taxes on real and personal property for any\npublic or municipal purpose.\n 5. To spend money for any public or municipal purpose; to pay or\ncompromise claims equitably payable by the city, though not constituting\nobligations legally binding on it, but it shall have no power to waive\nthe defense of the statute of limitations or to grant extra compensation\nto any public officer, servant or contractor.\n 6. To establish and maintain sinking funds for the liquidation of\nprincipal and interest of any indebtedness.\n 7. To lay out, establish, construct, maintain, operate, alter and\ndiscontinue streets, sewers and drainage systems, water supply systems,\nand lighting systems, for lighting streets, public buildings and public\nplaces, and to lay out, establish, construct, maintain and operate\nmarkets, parks, playgrounds and public places, and upon the\ndiscontinuance thereof to sell and convey the same, and the city council\nor other body constituting the local authorities of any city having a\npopulation of less than one million, notwithstanding the provisions of\nany special or local act, may acquire on its behalf by purchase or by\ncondemnation any water supply system owned and operated by a waterworks\ncorporation within the limits of such city, and where such water supply\nsystem extends beyond the limits of such city, any such city may acquire\non its behalf by purchase or by condemnation the portion of the water\nsupply system within the limits of such city, and may pay the purchase\nprice or award therefor wholly or partly by the assumption of\noutstanding bonds of such waterworks corporation, and to cause the\nnecessary explorations, investigations, examinations, surveys, maps,\nplans, specifications and reports for its proposed water supply systems\nor extensions thereof to be made and for such purposes by its officers,\nagents, servants or employees may enter at all times upon any lands or\nwaters, subject to liability for all damages done.\n 7-a. To sell and convey the water supply and distribution system of\nthe city, or any part thereof, to a water authority, a county water\ndistrict or a joint water works system established pursuant to article\nfive-B of the general municipal law. The proceeds of such sale shall be\ndeposited in a reserve fund established for the purpose of retiring\noutstanding obligations issued by the city to finance the cost of the\nfacilities sold and shall be expended only for such purpose, except as\nprovided below. If the proceeds exceed the sum of all installments of\nprincipal of and interest on such indebtedness due or to become due, or\nif, when all such outstanding obligations shall have been retired, any\nmoneys remain unexpended in the reserve fund, such excess moneys may be\nused for any city purpose.\n 8. To control and administer for any business, commercial, maritime or\npublic purpose the waterfront and waterways of the city and to\nestablish, maintain, operate and regulate for any such purpose or\npurposes docks, piers, wharves, warehouses and all adjuncts and\nfacilities for the utilization of the waterfront and waterways and\nadjacent property.\n 8-a. To provide by ordinance of its local governing body for control\nover the filling or diversion of streams and watercourses, except when\nauthorized by a state or federal agency, by requiring that any person,\nfirm or corporation shall secure a permit before filling or diverting\nany stream or watercourse from its natural course. The local governing\nbody may in its discretion deny a permit if it determines that the\nproposed filling or diversion is detrimental to the drainage or welfare\nof the city.\n 9. To establish, construct and maintain, operate, alter and\ndiscontinue bridges, tunnels and ferries, and approaches thereto,\nincluding but not limited to bridges over and across and tunnels under\nnavigable streams, waters, bays or arms of the sea, whether or not the\ntitle to the bed thereof is in the state.\n 10. To grant franchises or rights to use the streets, waters, water\nfront, public ways and public places of the city.\n 11. To construct and maintain public buildings, public works and\npublic improvements, including local improvements, and assess and levy\nupon the property benefited thereby the cost thereof, in whole or in\npart.\n 12. To prevent and extinguish fires and to protect the inhabitants of\nthe city and property within the city from loss or damage by fire or\nother casualty.\n 12-a. May appropriate moneys to a fire department to fund an annual\nfirefighter's inspection dinner for volunteer firefighters and the city\nof Glen Cove may appropriate moneys to a fire department to fund an\nannual dinner for installation of fire district officers.\n 13. To maintain order, enforce the laws, protect property and preserve\nand care for the safety, health, comfort and general welfare of the\ninhabitants of the city and visitors thereto; and for any of said\npurposes to regulate and license occupations and businesses.\n 14. To create, maintain and administer a system or systems for the\nenumeration, identification and registration, or either, of the\ninhabitants of the city and visitors thereto, or such classes thereof as\nmay be deemed advisable.\n 15. To establish, maintain, manage and administer hospitals,\nsanitaria, dispensaries, public baths, almshouses, workhouses,\nreformatories, jails and other charitable and correctional institutions;\nto relieve, instruct and care for children and poor, sick, infirm,\ndefective, mentally ill or inebriate persons; to provide for the burial\nof indigent persons; to contribute to and supervise charitable,\neleemosynary, correctional or reformatory institutions wholly or partly\nunder private control.\n 16. To establish and maintain such institutions and instrumentalities\nfor the instruction, enlightenment, improvement, entertainment,\nrecreation and welfare of its inhabitants as it may deem appropriate or\nnecessary for the public interest or advantage.\n 17. To determine and regulate the number, mode of selection, terms of\nemployment, qualifications, powers and duties and compensation of all\nemployees of the city and the relations of all officers and employees of\nthe city to each other, to the city and to the inhabitants.\n 18. To create a municipal civil service; to make rules for the\nclassification of the offices and employments in the city's service, for\nappointments, promotions and examinations, and for the registration and\nselection of laborers.\n 19. To regulate the manner of transacting the city's business and\naffairs and the reporting of and accounting for all transactions of or\nconcerning the city.\n 20. Subject to the provisions in article four and section one hundred\nthirteen of the retirement and social security law, to provide methods\nand provide, manage and administer funds for pensions and annuities for\nand retirement of city officers and employees, their widows and\ndependents.\n 21. To investigate and inquire into all matters of concern to the city\nor its inhabitants, and to require and enforce by subpoena the\nattendance of witnesses at such investigations.\n 22. To regulate by ordinance or local law any matter within the powers\nof the city, and to provide penalties, forfeitures and imprisonment to\npunish violations thereof, and to maintain an action or special\nproceeding in a court of competent jurisdiction to compel compliance\nwith or restrain by injunction the violation of any such ordinance or\nlocal law, notwithstanding that a penalty, forfeiture and/or\nimprisonment may have been provided to punish violations thereof.\n 23. To exercise all powers necessary and proper for carrying into\nexecution the powers granted to the city.\n 24. To regulate and limit the height, bulk and location of buildings\nhereafter erected, to regulate and determine the area of yards, courts\nand other open spaces, and to regulate the density of population in any\ngiven area, and for said purposes to divide the city into districts.\nSuch regulations shall be uniform for each class of buildings throughout\nany district, but the regulations in one or more districts may differ\nfrom those in other districts. Such regulations shall be designed to\nsecure safety from fire, flood and other dangers and to promote the\npublic health and welfare, including, so far as conditions may permit,\nprovision for adequate light, air, convenience of access, and the\naccommodation of solar energy systems and equipment and access to\nsunlight necessary therefor, and shall be made with reasonable regard to\nthe character of buildings erected in each district, the value of land\nand the use to which it may be put, to the end that such regulations may\npromote public health, safety and welfare and the most desirable use for\nwhich the land of each district may be adapted and may tend to conserve\nthe value of buildings and enhance the value of land throughout the\ncity.\n 25. To regulate and restrict the location of trades and industries and\nthe location of buildings, designed for specified uses, and for said\npurposes to divide the city into districts and to prescribe for each\nsuch district the trades and industries that shall be excluded or\nsubjected to special regulation and the uses for which buildings may not\nbe erected or altered. Such regulations shall be designed to promote the\npublic health, safety and general welfare and shall be made with\nreasonable consideration, among other things, to the character of the\ndistrict, its peculiar suitability for particular uses, the conservation\nof property values and the direction of building development, in accord\nwith a well considered plan.\n 25-b. To acquire by purchase, gift, devise, lease or otherwise, in\naccordance with the provisions of any appropriate general, special or\nlocal law, real and personal property within the limits of the city\nowned by any stock corporation organized to promote musical art and used\nas an auditorium and facility for musical concerts, symphonies, recitals\nand instruction, cultural displays, lectures and exhibits, public\nassembly and educational, recreational and incidental residential\npurposes and to maintain and lease or sell such property under such\nterms and conditions as may be necessary or desirable to effectuate and\npromote the above described cultural and educational purposes in the\ninterests of the people of the city, and, at the discretion of the local\nlegislative body, and upon such conditions as it may deem appropriate,\nto provide for the limitation or remission of taxes on such property.\nThe power to remit or limit taxes pursuant to this subdivision shall\ninclude the power to remit or limit taxes on property acquired by the\ncity from such stock corporation and used for commercial or residential\npurposes or both, including any building at any time constructed\nthereon, provided that a portion of space in any building constructed\nthereon for such commercial or residential purposes or both is dedicated\nfor the exclusive purposes of a corporation formed other than for profit\nto support the above described cultural and educational purposes. Such\nlocal legislative body may also require the making of tax equivalency\npayments in such amounts as it may determine in its discretion with\nrespect to such property, and provide that a portion of such payments\nshall be made to and retained by such corporation, to be used\nexclusively for such cultural and educational purposes. The exercise of\nthe power granted to the city by this subdivision to require the making\nof tax equivalency payments and the expenditure of any portion of such\ntax equivalency payments by such corporation for the above described\ncultural and educational purposes is in all respects for the general\nwelfare and benefit of the people of the state, and in making such\nexpenditures such corporation shall be regarded as performing a public\npurpose. The exercise of the powers granted to the city by this\nsubdivision shall, with respect to the owners of the building used for\ncommercial or residential purposes or both, have the same effect as\nthough such payments were taxes as defined in the real property tax law\nwhich had been duly levied and imposed upon such owners by the city. The\nlocal legislative body shall be authorized to provide that the taxes or\ntax equivalency payments with respect to the property occupied by such\nbuilding shall be deemed attributable only to the building. If any\nperson obligated to make tax equivalency payments with respect to such\nproperty shall fail to make such payments when due, the city shall have\na lien on such property in the same manner and at the same time as if\nsuch payments were ordinary real property taxes. Such lien shall have\nall the priorities of a lien for taxes on such property in favor of the\ncity and shall be enforceable by the city in the manner provided for the\ncollection of tax liens in such city.\n 26. To establish by ordinance a scale of rents to be called "sewer\nrents" and to prescribe the manner in which and the time at which such\nrents are to be paid and to change such scale from time to time as may\nbe deemed advisable. Such rents may be based upon either the metered\nconsumption of water on premises connected with the sewer system making\ndue allowances for commercial use of water, the number and kind of\nplumbing fixtures connected with the sewer system or the number of\npersons served by said sewer system or may be determined by the common\ncouncil, or other local legislative body of the city upon any other\nequitable basis. Such rents shall constitute a lien upon the real\nproperty served by sewers, and such a lien is prior and superior to\nevery other lien or claim, except the lien of an existing tax, water\nrent or local assessment, and the common council or such local\nlegislative body may bring and maintain an action in the name of the\ncity for the foreclosure of such liens for such sewer rents. The\nprovisions of this subdivision shall apply only to those cities in which\nsewer rents have been established and are being imposed on May first,\nnineteen hundred fifty-one, pursuant to the provisions of this\nsubdivision. The provisions of this subdivision shall not prevent a city\nfrom acting pursuant to the provisions of subdivision twenty-six-a of\nthis section.\n 26-a. To establish and impose sewer rents through the action of its\nlocal legislative body pursuant to the provisions of article fourteen-f\nof the general municipal law.\n 27. (a) To enact ordinances: (1) To examine, license and regulate\nmaster and special electricians; (2) to establish a board for the\nexamination, licensing, and regulation of master and special\nelectricians; (3) to regulate the modification, suspension or revocation\nof any such licenses for cause after a hearing.\n (b) The term "master electrician" as used in this subdivision shall\nmean and include any person, firm, co-partnership, association or\ncorporation having a regular place of business, who or which performs\nthe work of or who is engaged in the business of electrical contracting\nand/or of installing, altering and repairing or contracting to install,\nalter or repair any electric wires or wiring apparatus, fixtures and\nother appliances used or to be used for the transmission of electricity\nfor light, heat or power, or signaling system where more than fifty\nvolts is required for its operation.\n (c) The term "special electrician" as used in this subdivision shall\nmean and include any person who is in the exclusive employ of the owner,\nlessee or manager of a building to install, alter or repair electric\nwiring or appliances for light, heat or power, or to install, alter or\nrepair signalling systems where more than fifty volts is required for\noperation. Such license may be limited in its scope to any particular\npremises to be specified in such license, but if so limited the holder\nthereof shall be entitled to have such location changed from time to\ntime upon application to the board.\n (d) Such ordinances shall not apply to a plant operated by a\nmunicipality authorized to generate or sell electricity nor to electric\ncorporations as defined in the transportation corporations law, nor to\nany person or corporation engaged in their behalf, nor to the employees\nof any of them in performing such work in the conduct of the business of\nsuch corporations in installing, maintaining or repairing wires,\napparatus or fixtures, or other appliances used by such companies and\nnecessary for or to their business, whether or not such wires, conduits,\napparatus, fixtures or other appliances are on its own premises, unless\nthe work in connection therewith is done within a building not owned by\nsuch corporation. Such ordinances shall not apply to the installation,\nmaintenance or repair of elevators, dumb-waiters and escalators, nor to\nthe electrical work of a telephone, telegraph, central station, of a\nprotective, railroad or radio broadcasting company, nor to persons\nperforming electrical work for such a company where said electrical work\nis an integral part of the plant or service used by such company in\nrendering its duly authorized service to the public. Such ordinances\nshall not apply to the maintenance, repairing or operation of electrical\nequipment within a theatre, or other place of public assemblage where\nentertainment or exhibition is provided, motion picture studio,\ntheatrical studio, or motion picture film laboratory, nor to the\ninstallation of temporary electrical cables, assembling or erecting of\nsuch theatrical, sound recording, sound reproducing or motion picture\nequipment where such equipment is an integral part of the theatre,\ntraveling production, motion picture studio or laboratory used in the\nproduction or exhibition of stage or motion picture attractions. An\nordinance adopted hereunder shall provide that either of said licenses\nshall be issued upon proof that the applicant has been continuously\nengaged in work of the character herein defined for a period of five\nyears prior to the enactment of such ordinance, without further\nexamination, provided that such application be made to such board within\none year after the enactment of such ordinance.\n (e) Any existing board for the examination and licensing of master\nand/or special electricians in any city to which this subdivision\napplies, which has been created by the legislative body of said city, is\nhereby validated and continued until otherwise provided by ordinance. No\nsuch board shall possess powers other than those which might be granted\nto a board created pursuant to an ordinance authorized by this\nsubdivision.\n (f) The provisions of this subdivision shall not apply to any city\nhaving a population of less than four hundred thousand or more than one\nmillion inhabitants.\n 28. (a) To contract by its local governing body, on recommendation of\nthe board of health or other local health officer or agency, with any\nnon-profit institution organized to conduct research and investigation\ninto the control of diseases of importance to the public health for\nresearch and investigation by such institution into the prevention and\ntreatment of communicable diseases and other matters relating to public\nhealth. Such contract shall run for a term of not less than ten years\nand may contain provisions and conditions for renewals thereof, from\ntime to time, for terms of not less than ten years each, provided,\nhowever, that during such term or any renewal thereof the mayor or other\nchief executive officer, the comptroller or other chief fiscal officer\nand the commissioner of health or other local health officer of such\ncity shall be ex officio members of the board of directors of such\ninstitution.\n (b) The local governing body is further authorized and empowered to\nappropriate the sum required to be paid to the institution under the\nterms of such contract and shall include the sum so appropriated in its\nbudget for the next ensuing fiscal year. The expenditure of all moneys\nappropriated to the institution shall be subject to the audit of the\ncomptroller or other chief fiscal officer.\n 29. To contract, by its board of estimate or other local governing\nbody, and in the case of any city with a population of one million or\nmore inhabitants, by its board of estimate, with a non-profit membership\ncorporation, organized under article forty-three of the insurance law\nand approved by the superintendent of financial services and the state\nboard of social welfare, for the purpose of furnishing medical and\nsurgical services and hospital service as defined in such article\nforty-three, to persons who contract with such corporation. Any city\nwith a population of one million or more inhabitants, acting by its\nboard of estimate, may make such a contract or contracts with one or\nmore insurance companies authorized to do business in this state or with\none or more of such corporations organized under article forty-three of\nthe insurance law, and any such contract or contracts or any health\ninsurance plan or plans of such city effectuated by such contract or\ncontracts shall be administered by the department of personnel of such\ncity or, if there be no such department therein, by a department, agency\nor officer thereof designated by the board of estimate or other\ngoverning board or body of such city. Any such contract entered into by\na city shall permit any officer or employee or group of officers or\nemployees of an agency or department who is paid out of the city\ntreasury voluntarily to subscribe to a plan or plans providing for\nmedical and surgical services and hospital service to such officers or\nemployees and their families. The comptroller or other disbursing\nofficer of the city shall be authorized to deduct from the wages or\nsalary paid by the city to such officer or employee, with the prior\nconsent of such contracting or subscribing officer or employee, the sums\nrequired to be paid by such officer or employee to such corporation or\ncompany. Such board of estimate or other local governing body, and in\nthe case of any city with a population of one million or more\ninhabitants, the authorities authorized by law to make expense budget\nappropriations, if such contract or plan provides that the employer\nshall contribute a share of the cost of such medical and surgical\nservices and hospital service, shall have power to appropriate a sum\nrequired to be paid under such contract by the city as employer. The sum\nto be paid under such contract, in the discretion of such board or body,\nmay be a payment equal to the sum of the contributions of individual\nofficers or employees who have subscribed to the plan or plans of such\ncorporation or company, and in the case of any city with a population of\none million or more inhabitants, may be a payment equal to all or any\npart of the sum to be paid under such contract. The sum so appropriated\nshall be included in the city's budget for the next ensuing fiscal year.\nThe city shall be authorized to pay directly to such corporation or\ncompany the total of such appropriation and of such officer or employee\ndeductions.\n 29-a. To contract, by its board of estimate or other local governing\nbody, and in the case of any city having a population of one million or\nmore, by its board of estimate, with such non-profit membership\ncorporation organized under article forty-three of the insurance law,\nand in the case of any city with a population of one million or more\ninhabitants, with one or more insurance companies authorized to do\nbusiness in this state or with one or more of such corporations\norganized under article forty-three of the insurance law, for the\npurpose of providing and administering, as in subdivision twenty-nine of\nsection twenty of the general city law, health insurance for retired\nofficers and employees of an agency or department and their spouses and\ntheir dependent children and for the widowed spouses and dependent\nchildren of employees of an agency or department of such city whose\ndeath was the natural and proximate result of an accident sustained\nwhile an employee of such city and while in the performance of duty.\nDuring any period in which a retired employee voluntarily subscribes to\nsuch plan or plans after the date of his retirement, the comptroller\nshall be authorized to deduct from his retirement allowance the\ncontribution required to be paid by such officer or employee to such\ncorporation or company. During any period in which the widowed spouse or\ndependent children of an employee of any agency or department of such\ncity voluntarily subscribes to such plan or plans after the death of\nsuch employee, the comptroller shall be authorized to deduct from the\npension or other allowance payable to such widowed spouse or dependent\nchildren the contribution required to be paid by such spouse or children\nto such corporation or company. Where an authority, created under the\npublic authorities law or defined in section three of the public housing\nlaw, which performs its functions wholly within a city having a\npopulation of one million or more inhabitants, is providing for its\nformer officers and employees, who are retirees of a retirement system\nmaintained by such city, a health insurance plan or plans with any such\ncarrier or carriers similar to a health insurance plan or plans provided\nby such city for its retirees, the comptroller or other disbursing\nofficer of such city shall be authorized to deduct from the retirement\nallowance of any such retiree of an authority the contribution or share,\nif any, required to be paid by such retiree who voluntarily elects\ncoverage under any of such plans.\n 29-b. To reimburse any retired officer or employee who:\n (1) at the time of retirement was an employee of an agency or\ndepartment and was paid out of the city treasury;\n (2) is receiving a retirement allowance, pension or other retirement\nbenefit from a retirement or other pension system maintained by the\ncity; and\n (3) is enrolled in a choice of health plans program offered by the\ncity;\nfor premium charges for supplementary medical insurance benefits under\nthe federal old-age, survivors and disability insurance benefit program\nfor such officer or employee, if he is enrolled under such federal\nprogram, and for his spouse, if he or she is so enrolled. Such\nreimbursement may be made monthly or at other intervals, and shall not\nexceed the amount of premium charges paid for such supplementary medical\ninsurance benefits.\n 30. To enact ordinances creating a lien for towing, storage and\nincidental expenses upon vehicles found standing or parked in violation\nof ordinances and removed and stored as an abatement of a nuisance, and\nimposing a charge against the owner or persons entitled to possession of\nsuch vehicles and providing the procedure for the determination of\nownership or right to possession and the collection of such lien or\ncharge, including public sale of the said vehicle.\n 31. May permit the use of any city-owned street or highway machinery,\ntools or equipment by a county in which such city is wholly or partly\nlocated or by a municipal subdivision, district, district corporation or\nschool district, wholly or partly within such a county, upon such terms\nas may be agreed upon but with the payment to the city of not less than\nthe hourly rate as fixed by the state commissioner of transportation for\nthe rental or hiring of such machinery, tools or equipment by the city.\nMoneys received by a city pursuant to the provisions of this subdivision\nmay be applied to the payment of any existing obligations of the city or\ntransferred to the general fund.\n 32. To create by resolution of the local governing body a board,\ncommission or department of traffic control in order to more effectively\nregulate and control vehicular and pedestrian traffic and better to\nserve the public convenience, promote public safety and to protect human\nlife, health and property. Such a traffic agency shall consist of not\nless than five nor more than nine members who shall be appointed by the\nmayor. The chairman or head of such agency shall be a licensed\nprofessional engineer who shall have at least ten years' experience in\ntraffic engineering. He shall also be the city traffic engineer and\nshall receive an annual salary. Such agency members shall include the\ncommissioners of police and public works and the chairman of the city\nplanning commission or the officials occupying analogous offices and one\nother qualified person and the mayor may designate other qualified city\nofficers or employees to serve as members ex officio and without\nadditional compensation. Such traffic agency may contain within its\ndepartmental structure a bureau of traffic engineering which bureau\nshall be under the immediate supervision of the city traffic engineer.\n Whenever such a traffic agency shall be created as in this subdivision\nprovided it shall, notwithstanding any other provision of law, possess\nexclusive power and authority within such city to (a) regulate, direct,\nrestrict and otherwise to control the movement of vehicular and\npedestrian traffic, but not inconsistent with the provisions of the\nvehicle and traffic law in relation thereto, (b) limit the carrying\ncapacity of vehicles used in the business of carrying passengers for\nhire, except omnibuses operated pursuant to certificates of public\nconvenience and necessity issued by commissioner of transportation, (c)\ndetermine the location of garages, parking lots and parking meters, (d)\ndetermine the design, type, size, method of erection, installation,\nremoval, maintenance, operation and location of any and all signs,\nsignals, markings, and similar devices for guiding, directing or\notherwise regulating and controlling such traffic and, with the approval\nof the local governing board, may relinquish for transfer and assignment\nto any other agency of the city government part or all of one or more\nsuch powers and duties, and (e) make rules and regulations for the\nconduct of vehicular and pedestrian traffic in the use of the public\nstreets, squares and avenues as such board, commission or department may\ndeem necessary. Such rules and regulations shall be filed with the city\nclerk and shall become effective when published in a paper published by\nthe city or, if no paper be published by such city, in not less than\nthree newspapers having a general daily circulation in such city, except\nthat in a city having a population of not more than thirty thousand,\nsuch rules and regulations shall be published in one newspaper published\nor having a general circulation in such city. The violation of any\nprovision of any such rule or regulation shall be triable by a city\nmagistrate and punishable by imprisonment of not more than thirty days\nor by a fine of not more than fifty dollars or both.\n Nothing in this subdivision contained shall affect or impair the\npowers or duties of the city planning commission or of any analogous\nagency of city government to determine the location of garages and\nparking lots or affect the power or duty imposed on the police\ndepartment or other analogous agency to regulate hacks, taxicabs and\ntaxi drivers pursuant to the provisions of any city charter, local law\nor ordinance and any such power and duty shall continue to be exercised\nand performed under the jurisdiction and control of such department or\nagency.\n Upon the adoption of a resolution creating such a traffic agency, and\nexcept as in this subdivision otherwise provided, all of the functions,\npowers and duties vested in such traffic agency which theretofore were\nexercised and performed by any other agency of the city government of\nsuch city, together with all records, property and equipment used in the\nexercise and performance of such functions, powers or duties shall, on\nthe date fixed in such resolution, pass to and be in addition to the\nfunctions, powers and duties vested in such traffic agency by this\nsubdivision.\n 33. By resolution of its legislative body to authorize the payment of\na reasonable mileage allowance for the miles actually and necessarily\ntraveled on official business by any city officer or employee by the use\nof his own automobile.\n 34. To adopt a local law providing that every deed given by such city\npursuant to any general or special law providing for the foreclosure of\na tax lien by action in rem, shall be presumptive evidence that the\naction and all proceedings therein and all proceedings prior thereto\nfrom and including the assessment of the lands affected and all notices\nrequired by law were regular and in accordance with all provisions of\nlaw relating thereto.\n After two years from the date of the record of such deed, the\npresumption shall be conclusive, unless at the time that such local law\ntakes effect the two year period since the record of the deed has\nexpired or less than six months of such period of two years remains\nunexpired, in which case the presumption shall become conclusive six\nmonths after such local law takes effect. No action to set aside such\ndeed may be maintained unless the action is commenced and a note of\npendency of the action is filed in the office of the proper county clerk\nprior to the time that the presumption becomes conclusive as aforesaid.\n 35. To adopt a local law or ordinance compelling the repair or removal\nof any building or structure that, from any cause, endangers the health,\nsafety or welfare of the public, providing as follows:\n a. For an inspection and report by the director of buildings of the\ncity.\n b. For the service of a notice upon the owner, and all other persons\nhaving an interest in such property or structure, either personally or\nby registered mail, addressed to his last known address as shown by the\nrecords of the officer or agency of the city charged with the assessment\nof real property therein or collection of real property taxes thereon\nand/or in the office of the county clerk or county register, containing\na description of the premises, a statement of the particulars in which\nthe building or structure is unsafe or dangerous and an order of the\ndirector of buildings requiring same to be repaired or removed; and if\nsuch service be made by registered mail, for the posting of a copy of\nsuch notice on the premises.\n c. For the time within which the owner so served shall commence the\nrepair or removal of such building or structure.\n d. For the filing of a copy of such notice in the office of the county\nclerk of the county within which such building or structure is located,\nwhich notice shall be filed by such clerk in the same manner as a notice\nof pendency pursuant to article sixty-five of the civil practice law and\nrules, and shall have the same effect as a notice of pendency as therein\nprovided, except as otherwise hereinafter provided in this paragraph. A\nnotice so filed shall be effective for a period of one year from the\ndate of filing, provided, however, that it may be vacated upon the order\nof a judge or justice of a court of record or upon the consent of the\ncorporation counsel. The clerk of the county where such notice is filed\nshall mark such notice and any record or docket thereof as cancelled of\nrecord upon the presentation and filing of such consent or of a\ncertified copy of such order.\n e. For a hearing before the director of buildings, notice of which and\nthe time and place thereof to be specified in the notice to repair or\ndemolish, served upon the owner and such persons having an interest in\nthe property or structure as is herein prescribed.\n f. For the removal of such building or structure by the city in the\nevent such owner fails or refuses to repair or remove the same within\nthe time provided.\n g. For the assessment of all costs and expenses incurred by the city\nin connection with the proceedings to repair or remove such building or\nstructure, including the cost of actually removing the same, against the\nland on which such building or structure is located.\n h. The powers conferred by this subdivision thirty-five shall be in\naddition to all other powers conferred upon cities in relation to the\nsame subject matter. Nothing contained in this subdivision shall be\nconstrued to amend, repeal, modify or affect any existing local law or\nordinance or provision of any charter or administrative code pertaining\nto the subject matter to which this subdivision relates, or to limit or\nrestrict the power of any city to amend or modify any such existing\nlocal law, ordinance or provision of any charter or administrative code,\nor to restrict or limit any power otherwise conferred on any city by law\nwith respect to the subject matter to which this subdivision relates.\n 36. In cities having a population of fewer than one million\ninhabitants, to lease to any person, firm or corporation, for commercial\nor private use, the air rights over or the subsurface area under any\nproperty of the city acquired or to be acquired for street or highway\npuposes, together with easements or other rights of user necessary for\nthe use and development of such air rights or subsurface areas, as are\nnot needed for public purposes, subject to such reservations,\nrestrictions and conditions as the city deems necessary to assure\nadequate protection to the safety and the adequacy of street or highway\nfacilities and to abutting or adjacent land users and as the city deems\nnecessary to minimize or avoid public utility facility relocation costs\nwhich would otherwise ensue if such facilities were removed without\nregard to their compatability with the intended use of such air rights\nor subsurface areas. Any such lease may be for a term not exceeding\nninety-nine years and may be renewed for such additional term or terms\nas the city council may provide. Any buildings, structures,\nsubstructures or superstructures, the title to which remains in the\nlessee, shall be deemed to be real property for purposes of taxation as\ndefined in subdivision twelve of section one hundred two of the real\nproperty tax law. Nothing in this subdivision shall be deemed to create\nany liability arising from the cost of public utility facility\nrelocation not recognized at common law or otherwise created by statute.\n 37. To adopt ordinances or local laws prohibiting and punishing\nloitering; provided however, that such ordinance or law shall only\nprohibit loitering for a specific illegal purpose or loitering in a\nspecific place of restricted public access and shall therein set forth\nguidelines for application of such prohibitions by law enforcement\nofficers so as to prevent arbitrary or discriminatory enforcement of\nsuch prohibitions.\n 38. a. A city having a population of more than one hundred twenty-five\nthousand and less than one million, is authorized and empowered to enter\ninto a lease, sublease or other agreement with the dormitory authority\nproviding for the financing or refinancing of all or a portion of school\ndistrict capital facilities or school district capital equipment in\naccordance with section sixteen hundred eighty of the public authorities\nlaw and with the approval of the commissioner of education. Such lease,\nsublease, or other agreement may provide for the payment of annual\nrentals and other payments to the dormitory authority, and contain such\nother terms and conditions as may be agreed upon by the parties thereto,\nincluding the establishment of reserve funds and indemnities. For\npurposes of this subdivision, school district capital equipment shall\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\nof the public authorities law.\n b. Notwithstanding any provisions of law to the contrary, the\ndormitory authority and the board of education are hereby authorized and\nempowered to perform any and all acts and to enter into any and all\nagreements necessary or desirable to effectuate the purposes of this\nsubdivision.\n