§ 23 — Powers hereby granted, how to be exercised

New York § 23

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

Text

§ 23. Powers hereby granted, how to be exercised. 1. The powers\ngranted by this act are to be exercised by the officer, officers or\nofficial body vested with such powers by any other provision of law or\nordinance (subject to amendment or repeal of any such ordinance) and in\nthe manner and subject to the conditions prescribed by law or ordinance\n(subject to amendment or repeal of any such ordinance), but no provision\nof any special or local law shall operate to defeat or limit in extent\nthe grant of powers contained in this act; and any provision of any\nspecial or local law which in any city operates, in terms or in effect,\nto prevent the exercise or limit the extent of any power granted by this\narticle, shall be superseded. Where any such provision of special or\nlocal law is superseded under the provisions of this subdivision, such\npower, freed from the limitations imposed by such provision, shall be\nexercised by the same officer, officers or official body that would be\nvested with the same under the provisions of this subdivision, if such\nprovision had not been superseded, but the exercise thereof shall be\nsubject to the limitations provided for in subdivision two of this\nsection.\n 2. In the absence of any provision of law or ordinance determining by\nwhom or in what manner or subject to what conditions any power granted\nby this act shall be exercised, the common council or board of aldermen\nor corresponding legislative body of the city shall, subject to the\nprovisions of this section, have power by ordinance to determine by whom\nand in what manner and subject to what conditions said power shall be\nexercised. The exercise by any city of any power granted by this article\nnot now vested in such city or now vested in such city subject to\nprovisions which are superseded by the provisions of subdivision one of\nthis section, shall be subject to the following limitations:\n b. No sale or lease of city real estate or of any franchise belonging\nto or under the control of the city shall be made or authorized except\nby vote of three-fourths of all the members of the common council or\ncorresponding legislative body of the city. In case of a proposed sale\nor lease of real estate or of a franchise, the ordinance must provide\nfor a disposition of the same at public auction to the highest bidder,\nunder proper regulations as to the giving of security and after public\nnotice to be published at least once each week for three weeks in the\nofficial paper or papers. A sale or lease of real estate or a franchise\nshall not be valid or take effect unless made as aforesaid and\nsubsequently approved by a resolution of the board of estimate and\napportionment in any city having such a board, and also approved by the\nmayor. No franchise shall be granted or be operated for a period longer\nthan fifty years. The common council or corresponding legislative body\nof the city may, however, grant to the owner or lessees of an existing\nfranchise, under which operations are being actually carried on, such\nadditional rights or extensions in the street or streets in which the\nsaid franchise exists, upon such terms as the interests of the city may\nrequire, with or without any advertisement, as the common council may\ndetermine, provided, however, that no such grant shall be operative\nunless approved by the board of estimate and apportionment in any city\nhaving such a board, and also by the mayor.\n In any city the question whether any proposed sale or lease of city\nreal estate or of any franchise belonging to or under the control of the\ncity shall be approved shall, upon a demand being filed, as hereinafter\nprovided, be submitted to the voters of such city at a general or\nspecial election, after public notice to be published at least once each\nweek for three weeks in the official paper or papers. Such demand shall\nbe subscribed and acknowledged by voters of the city equal in number to\nat least ten per centum of the total number of votes cast in such city\nat the last preceding general election and shall be filed in the office\nof the clerk of such city before the adoption of an ordinance or\nresolution making or authorizing such sale or lease. If such demand is\nfiled, as aforesaid, such sale or lease of real estate or such franchise\nshall not take effect unless in addition to the foregoing requirements a\nmajority of the electors voting thereon at such election shall vote in\nthe affirmative.\n The foregoing limitations shall not apply to the exercise by any city\nof any power now vested in it, where the existing provisions of law\ndetermining by whom or in what manner or subject to what conditions such\npower shall be exercised are not superseded by the provisions of\nsubdivision one of this section; but in such case the exercise of such\npower shall be subject only to such existing provisions of law, and\nshall not be limited or restricted by any provision of this section.\n