2006 New York Code - Acquisition Or Leasing Of Property By City Or Corporation; Agreements Between City And Corporation As To Use Or Occupancy Of Property.

 
    §  607.  Acquisition  or  leasing  of property by city or corporation;
  agreements between city and  corporation  as  to  use  or  occupancy  of
  property.  1.    The  city may, in accordance with the provisions of law
  governing the acquisition or leasing  of  real  property  by  the  city,
  acquire   real  property  in  the  name  of  the  city  by  purchase  or
  condemnation for use by the corporation, or  lease  real  property  from
  other  owners  for  such  purpose,  and,  by  resolution of the board of
  estimate, may through  lease  or  contract  made  upon  such  terms  and
  conditions,  with  or without consideration, and for such period of time
  as may be agreed upon by the city and the corporation, authorize the use
  or occupancy of such real property by the corporation for  the  carrying
  out of its corporate purpose.
    2.  The  city  may, in accordance with the provisions of law governing
  the acquisition or leasing of personal property by the city, acquire  or
  lease  personal  property  for use by the corporation and, acting by the
  mayor, may by lease or contract made upon  such  terms  and  conditions,
  with  or  without  consideration,  and for such period of time as may be
  agreed upon by the city and the corporation authorize the  use  of  such
  property  by  the  corporation or transfer title to such property to it,
  for the carrying out of its corporate purpose.
    3. The city may, by resolution of the board  of  estimate,  or  by  an
  instrument authorized by such a resolution, authorize the corporation to
  use  or occupy for its corporate purpose any real property then owned by
  or under lease to the city, upon such  terms  and  conditions,  with  or
  without  consideration,  and  for  such period of time, as may be agreed
  upon by the city and the corporation; provided that, in the case of  any
  such property then under lease to the city, the authorization granted by
  the  city  to  the  corporation  shall be within and consistent with the
  rights of the city as lessee of such property.
    4. The corporation for the carrying out of its corporate purpose,  may
  itself  acquire  real  property  in the name of the city at the cost and
  expense of the corporation by purchase or condemnation pursuant  to  the
  laws  governing  the  condemnation  of  real  property  by the city. The
  corporation shall have the use and occupancy of such  real  property  so
  long as its corporate existence shall continue.
    5.  a.  Contracts  may be entered into by the city and the corporation
  containing undertakings by the city (i) to  acquire  or  lease  real  or
  personal  property  and  authorize  the  use or occupancy of same by the
  corporation, or (ii) to authorize the corporation to use or occupy  real
  or  personal property then owned by or under lease to the city, or (iii)
  to perform any other  acts  on  the  part  of  the  city  authorized  by
  subdivisions  one,  two  and three of this section, provided the acts of
  the city called for by such undertakings  are  in  conformity  with  the
  provisions   of,   and  within  the  powers  granted  to  the  city  by,
  subdivisions one, two and three of this section. The making of any  such
  contract  shall  be  authorized, on behalf of the city, by the mayor, or
  the board of estimate, or by both, as the  case  may  be,  in  the  same
  manner  as  the act or acts of the city called for by the undertaking or
  undertakings in such contract are required to be  authorized  under  the
  applicable  provisions  of  subdivisions  one,  two  and  three  of this
  section.
    b. Any such contract between the  city  and  the  corporation  may  be
  pledged  by  the corporation to secure its bonds or notes and may not be
  modified thereafter except as provided by the terms of the pledge.
    6. In case the corporation shall have the use or occupancy of any real
  property which it shall determine is no longer required for the carrying
  out of its corporate purpose, then, if such real property  was  acquired
  at the cost and expense of the city, the corporation shall have power to
  surrender  its  use  or  occupancy thereof to the city, or, if such real
  property was acquired at the cost and expense of  the  corporation,  the
  corporation shall have power to sell, lease or otherwise dispose of said
  real  property  at public or private sale, and shall retain and have the
  power to use the proceeds of sale, rentals, or other moneys derived from
  the disposition thereof for its corporate purpose.
    7. The site selection board, as defined in section six hundred two  of
  this article shall operate pursuant to the following procedures:
    a. Every act of the board shall be by resolution adopted by a majority
  of  the  votes  cast  by all the members. No resolution shall be adopted
  except after a public hearing, notice of which shall be published in the
  city record for six consecutive days immediately preceding said hearing.
    b. Meeting of the site selection board shall be called either:
    (i) as directed by the board upon notice thereof published in the city
  record; or
    (ii) upon written  notice  to  the  board  by  the  president  of  the
  corporation, that a site for an off-track betting branch office is under
  consideration  by  the  corporation  for lease or acquisition. A copy of
  such written notice shall be published in the city record. All  meetings
  of the board shall be within seven consecutive business days of the date
  on which notice of said meeting is first printed in the city record.
    c.  The  site  selection board shall have power and authority to adopt
  and amend rules and regulations for the conduct of its business  and  to
  carry out its powers and duties; provided, however, that the board shall
  adopt  rules which require board action on a proposed site within thirty
  days of the board's public hearing provided for herein and that  by  its
  failure  to  act  within  thirty  days the board shall be deemed to have
  approved the site.