NY Gen City L § 20 (2021)
2021 New York Laws GCT - General City Article 2-A - Powers of Cities 20 - Grant of Specific Powers.

§ 20. Grant  of  specific  powers.  Subject  to  the  constitution and general laws of this state, every city is empowered:   1. To contract and be contracted with and to institute,  maintain  and defend any action or proceeding in any court.   2. To take, purchase, hold and lease real and personal property within and  without  the  limits  of  the  city;  to  acquire  pursuant  to the provisions of the eminent domain procedure law, real property within  or without  the  limits  of  the city for the construction, maintenance and operation of a sewage disposal plant, together with necessary rights  of way  for  extending  its  sewage system to, and connecting the same with such disposal  plant,  to  acquire  or  purchase  real  property  and/or personal property within or without the limits of the city necessary for the construction, maintenance and operation of a water supply system for such  city together with necessary rights of way for extending its water supply system to and connecting the same with a  source  or  sources  of water  supply; to acquire by purchase, if the city is able to agree with the owners on the terms thereof, and otherwise in the manner provided by the eminent domain procedure law, real property within  or  without  the limits  of  the  city for the construction, maintenance and operation of drainage channels and structures for the purpose of flood control,  when plans  for  such  purpose  have been approved by the state department of environmental conservation, together with necessary rights  of  way  for extending  such  channels  and  structures; and also to acquire real and personal property within the limits of  the  city,  for  any  public  or municipal  purpose, and to sell and convey the same, but the rights of a city in and to its water front, ferries, bridges, wharf  property,  land under  water,  public landings, wharves, docks, streets, avenues, parks, and all other public places, are  hereby  declared  to  be  inalienable, except in the cases provided for by subdivision seven of this section.   Notwithstanding any other provision of law, general, special or local, cities  with  a population of one million or more inhabitants shall have the additional power to acquire any property and the franchises  of  any person,  firm  or corporation situated within such city, used and usable in the operation of omnibus lines which are entirely within and  do  not extend  beyond the boundaries of such city, the immediate acquisition of which property and franchises is determined by the board of estimate  or other  appropriate  governing body of such city to be necessary to serve the  public  convenience  through  the  provision  of  adequate  omnibus transportation,   notwithstanding   the  fact  that  such  property  and franchises were or are devoted to a public use. The term  "property"  as used  in this subdivision is defined to include lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water and riparian rights, and any and all other things  and rights  usually  included within the said term and includes also any and all interests in such property less than full title, such  as  easements permanent  or  temporary,  right-of-way,  uses, leases, licenses and all other incorporeal hereditaments and  every  estate,  interest  or  right legal  or  equitable, and omnibuses, rolling stock and any other form of real or personal property. Acquisition of  such  property  shall  be  in accordance with the provisions of the eminent domain procedure law.   Notwithstanding the provisions of any general, special or local law to the  contrary,  such  city  may  authorize,  issue and sell obligations, pursuant to  the  local  finance  law,  to  pay  for  the  cost  of  any acquisition  or  acquisitions  of  such  property used and usable in the operation of omnibus lines provided, however, that no  such  obligations shall be authorized, issued, sold or refunded after September thirtieth, nineteen hundred sixty-three, except, however, that such obligations may be  authorized,  issued,  sold or refunded by such city pursuant to such  law after such  date,  to  pay  for  the  cost  of  any  acquisition  or acquisitions  of such property, title to which vested in such city prior to July  first,  nineteen  hundred  sixty-two.  The  maximum  period  of probable   usefulness   for  each  such  object  or  purpose  for  which obligations may be issued  hereunder  is  hereby  determined  to  be  as follows:   a. The acquisition of real property, thirty years.   b. The acquisition of omnibuses and other necessary personal property, five years.   c. The acquisition of franchises, five years.   Notwithstanding any general, special or local law to the contrary, the city  of  New York is hereby required to acquire by condemnation, and to maintain and operate, all or part  of  the  plants,  properties,  mains, pipes,  facilities,  easements,  franchises  and  other real or personal property of the Jamaica Water Supply Company constituting or related  to the  water  distribution  system  located  in  the  city  of  New  York, notwithstanding the fact that such property or part thereof  was  or  is devoted  to  a public use. Notwithstanding any general, special or local law to the contrary, title to the property condemned under the preceding sentence shall vest in the city of New York and  compensation  shall  be paid only (a) upon a decision by the supreme court that compensation for the  property  so  condemned  shall  be  determined solely by the income capitalization method of valuation, based on the actual  net  income  as allowed  by  the  public  service  commission, and (b) upon such court's determination of the amount of such compensation, based upon the  income capitalization  method,  entry  of the final judgment, the filing of the final decree, and the conclusion of any appeal or expiration of the time to file an appeal related to the  condemnation  proceeding.  Should  any court  determine  that  a  method  of compensation other than the income capitalization method be utilized, or if the proposed award is more than the rate base of the assets taken in condemnation  as  utilized  by  the public  service  commission  in  setting  rates  and as certified by the public service commission,  the  city  of  New  York  may  withdraw  the condemnation proceeding without prejudice or costs to any party.   2-a.  To  make  and  execute  by  its local governing body, a lease or leases of space in any building owned by the city for a term or terms of not to exceed three years, provided that not more than one-half  of  the space  in  any  such  building  may  be  so leased to any one person and provided that the annual rent does not exceed the sum of  five  thousand dollars.  Any such lease may be made without holding a public auction or requiring the submission of sealed bids  therefor,  but  no  such  lease shall  be  made  and  executed  unless notice of the proposed leasing is published as required by law for three days in  any  seven  day  period. Such  notice  shall contain a summary of the terms and conditions of the proposed lease which shall include a statement  of  the  area  of  space proposed  to be leased, the location of the building in which such space is contained and the rent to be paid therefor.   3. To take  by  gift,  grant,  bequest  or  devise  and  to  hold  and administer  real  and personal property within and without the limits of the city, absolutely or in trust for any public  or  municipal  purpose, upon  such  terms  and conditions as may be prescribed by the grantor or donor and accepted by the city.   4. To levy and collect taxes on real and  personal  property  for  any public or municipal purpose.   5.  To  spend  money  for  any  public or municipal purpose; to pay or compromise claims equitably payable by the city, though not constituting obligations legally binding on it, but it shall have no power  to  waive  the defense of the statute of limitations or to grant extra compensation to any public officer, servant or contractor.   6.  To  establish  and  maintain  sinking funds for the liquidation of principal and interest of any indebtedness.   7. To lay out, establish,  construct,  maintain,  operate,  alter  and discontinue  streets, sewers and drainage systems, water supply systems, and lighting systems, for lighting streets, public buildings and  public places,  and  to  lay  out,  establish,  construct, maintain and operate markets,  parks,  playgrounds  and   public   places,   and   upon   the discontinuance thereof to sell and convey the same, and the city council or  other  body  constituting the local authorities of any city having a population of less than one million, notwithstanding the  provisions  of any  special  or  local act, may acquire on its behalf by purchase or by condemnation any water supply system owned and operated by a  waterworks corporation  within the limits of such city, and where such water supply system extends beyond the limits of such city, any such city may acquire on its behalf by purchase or by condemnation the portion  of  the  water supply  system  within the limits of such city, and may pay the purchase price  or  award  therefor  wholly  or  partly  by  the  assumption   of outstanding  bonds  of  such  waterworks  corporation,  and to cause the necessary explorations,  investigations,  examinations,  surveys,  maps, plans,  specifications and reports for its proposed water supply systems or extensions thereof to be made and for such purposes by its  officers, agents,  servants  or employees may enter at all times upon any lands or waters, subject to liability for all damages done.   7-a. To sell and convey the water supply and  distribution  system  of the  city,  or  any  part  thereof, to a water authority, a county water district or a joint water works system established pursuant  to  article five-B  of the general municipal law. The proceeds of such sale shall be deposited in a reserve fund established  for  the  purpose  of  retiring outstanding  obligations  issued  by the city to finance the cost of the facilities sold and shall be expended only for such purpose,  except  as provided  below.  If  the proceeds exceed the sum of all installments of principal of and interest on such indebtedness due or to become due,  or if,  when  all such outstanding obligations shall have been retired, any moneys remain unexpended in the reserve fund, such excess moneys may  be used for any city purpose.   8. To control and administer for any business, commercial, maritime or public  purpose  the  waterfront  and  waterways  of  the  city  and  to establish, maintain, operate  and  regulate  for  any  such  purpose  or purposes   docks,  piers,  wharves,  warehouses  and  all  adjuncts  and facilities for the utilization  of  the  waterfront  and  waterways  and adjacent property.   8-a.  To  provide by ordinance of its local governing body for control over the filling or diversion of streams and watercourses,  except  when authorized  by  a state or federal agency, by requiring that any person, firm or corporation shall secure a permit before  filling  or  diverting any  stream  or watercourse from its natural course. The local governing body may in its discretion deny a  permit  if  it  determines  that  the proposed  filling or diversion is detrimental to the drainage or welfare of the city.   9.  To  establish,  construct  and  maintain,   operate,   alter   and discontinue  bridges,  tunnels  and  ferries,  and  approaches  thereto, including but not limited to bridges over and across and  tunnels  under navigable  streams,  waters, bays or arms of the sea, whether or not the title to the bed thereof is in the state.   10. To grant franchises or rights to use the  streets,  waters,  water front, public ways and public places of the city.    11.  To  construct  and  maintain  public  buildings, public works and public improvements, including local improvements, and assess  and  levy upon  the  property  benefited  thereby the cost thereof, in whole or in part.   12.  To prevent and extinguish fires and to protect the inhabitants of the city and property within the city from loss or  damage  by  fire  or other casualty.   12-a.  May  appropriate  moneys to a fire department to fund an annual firefighter's inspection dinner for volunteer firefighters and the  city of  Glen  Cove  may  appropriate  moneys to a fire department to fund an annual dinner for installation of fire district officers.   13. To maintain order, enforce the laws, protect property and preserve and care for the safety, health, comfort  and  general  welfare  of  the inhabitants  of  the  city  and  visitors  thereto;  and for any of said purposes to regulate and license occupations and businesses.   14. To create, maintain and administer a system  or  systems  for  the enumeration,   identification   and  registration,  or  either,  of  the inhabitants of the city and visitors thereto, or such classes thereof as may be deemed advisable.   15.  To  establish,  maintain,  manage   and   administer   hospitals, sanitaria,   dispensaries,   public   baths,   almshouses,   workhouses, reformatories, jails and other charitable and correctional institutions; to relieve, instruct and care  for  children  and  poor,  sick,  infirm, defective,  mentally ill or inebriate persons; to provide for the burial of  indigent  persons;  to  contribute  to  and  supervise   charitable, eleemosynary,  correctional or reformatory institutions wholly or partly under private control.   16. To establish and maintain such institutions and  instrumentalities for   the   instruction,   enlightenment,   improvement,  entertainment, recreation and welfare of its inhabitants as it may deem appropriate  or necessary for the public interest or advantage.   17.  To determine and regulate the number, mode of selection, terms of employment, qualifications, powers and duties and  compensation  of  all employees of the city and the relations of all officers and employees of the city to each other, to the city and to the inhabitants.   18.  To  create  a  municipal  civil  service;  to  make rules for the classification of the offices and employments in the city's service, for appointments, promotions and examinations, and for the registration  and selection of laborers.   19.  To  regulate  the  manner  of transacting the city's business and affairs and the reporting of and accounting for all transactions  of  or concerning the city.   20.  Subject to the provisions in article four and section one hundred thirteen of the retirement and social security law, to  provide  methods and  provide, manage and administer funds for pensions and annuities for and  retirement  of  city  officers  and  employees,  their  widows  and dependents.   21. To investigate and inquire into all matters of concern to the city or  its  inhabitants,  and  to  require  and  enforce  by  subpoena  the attendance of witnesses at such investigations.   22. To regulate by ordinance or local law any matter within the powers of the city, and to provide penalties, forfeitures and  imprisonment  to punish  violations  thereof,  and  to  maintain  an  action  or  special proceeding in a court of competent  jurisdiction  to  compel  compliance with  or  restrain  by injunction the violation of any such ordinance or local  law,  notwithstanding   that   a   penalty,   forfeiture   and/or imprisonment may have been provided to punish violations thereof.    23.  To  exercise  all  powers  necessary and proper for carrying into execution the powers granted to the city.   24.  To  regulate and limit the height, bulk and location of buildings hereafter erected, to regulate and determine the area of  yards,  courts and  other open spaces, and to regulate the density of population in any given area, and for said purposes to divide  the  city  into  districts. Such regulations shall be uniform for each class of buildings throughout any  district,  but  the regulations in one or more districts may differ from those in other districts. Such regulations  shall  be  designed  to secure  safety  from  fire,  flood  and other dangers and to promote the public health and welfare, including, so far as conditions  may  permit, provision  for  adequate  light,  air,  convenience  of  access, and the accommodation of solar  energy  systems  and  equipment  and  access  to sunlight necessary therefor, and shall be made with reasonable regard to the  character  of buildings erected in each district, the value of land and the use to which it may be put, to the end that such regulations may promote public health, safety and welfare and the most desirable use for which the land of each district may be adapted and may tend to  conserve the  value  of  buildings  and  enhance the value of land throughout the city.   25. To regulate and restrict the location of trades and industries and the location of buildings, designed for specified  uses,  and  for  said purposes  to  divide  the  city into districts and to prescribe for each such district the trades  and  industries  that  shall  be  excluded  or subjected to special regulation and the uses for which buildings may not be erected or altered. Such regulations shall be designed to promote the public  health,  safety  and  general  welfare  and  shall  be made with reasonable consideration, among other things, to the  character  of  the district, its peculiar suitability for particular uses, the conservation of  property values and the direction of building development, in accord with a well considered plan.   25-b. To acquire by purchase, gift, devise,  lease  or  otherwise,  in accordance  with  the  provisions of any appropriate general, special or local law, real and personal property within  the  limits  of  the  city owned by any stock corporation organized to promote musical art and used as an auditorium and facility for musical concerts, symphonies, recitals and  instruction,  cultural  displays,  lectures  and  exhibits,  public assembly  and  educational,  recreational  and  incidental   residential purposes  and  to  maintain  and  lease or sell such property under such terms and conditions as may be necessary or desirable to effectuate  and promote  the  above  described  cultural and educational purposes in the interests of the people of the city, and, at the discretion of the local legislative body, and upon such conditions as it may  deem  appropriate, to  provide  for  the limitation or remission of taxes on such property. The power to remit or limit taxes pursuant  to  this  subdivision  shall include  the  power  to remit or limit taxes on property acquired by the city from such stock corporation and used for commercial or  residential purposes  or  both,  including  any  building  at  any  time constructed thereon, provided that a portion of space in  any  building  constructed thereon for such commercial or residential purposes or both is dedicated for the exclusive purposes of a corporation formed other than for profit to  support  the above described cultural and educational purposes. Such local legislative body may also require the making  of  tax  equivalency payments  in  such  amounts  as  it may determine in its discretion with respect to such property, and provide that a portion  of  such  payments shall  be  made  to  and  retained  by  such  corporation,  to  be  used exclusively for such cultural and educational purposes. The exercise  of the  power granted to the city by this subdivision to require the making  of tax equivalency payments and the expenditure of any portion  of  such tax  equivalency  payments  by  such corporation for the above described cultural and educational purposes is in all  respects  for  the  general welfare  and  benefit  of  the  people  of the state, and in making such expenditures such corporation shall be regarded as performing  a  public purpose.  The  exercise  of  the  powers  granted  to  the  city by this subdivision shall, with respect to the owners of the building  used  for commercial  or  residential  purposes  or  both, have the same effect as though such payments were taxes as defined in the real property tax  law which had been duly levied and imposed upon such owners by the city. The local  legislative body shall be authorized to provide that the taxes or tax equivalency payments with respect to the property occupied  by  such building  shall  be  deemed  attributable  only  to the building. If any person obligated to make tax equivalency payments with respect  to  such property  shall fail to make such payments when due, the city shall have a lien on such property in the same manner and at the same  time  as  if such  payments  were  ordinary real property taxes. Such lien shall have all the priorities of a lien for taxes on such property in favor of  the city and shall be enforceable by the city in the manner provided for the collection of tax liens in such city.   26.  To  establish  by  ordinance a scale of rents to be called "sewer rents" and to prescribe the manner in which and the time at  which  such rents  are  to be paid and to change such scale from time to time as may be deemed advisable. Such rents may be based  upon  either  the  metered consumption  of water on premises connected with the sewer system making due allowances for commercial use of  water,  the  number  and  kind  of plumbing  fixtures  connected  with  the  sewer  system or the number of persons served by said sewer system or may be determined by  the  common council,  or  other  local  legislative  body of the city upon any other equitable basis. Such rents  shall  constitute  a  lien  upon  the  real property  served  by  sewers,  and  such a lien is prior and superior to every other lien or claim, except the lien of  an  existing  tax,  water rent  or  local  assessment,  and  the  common  council  or  such  local legislative body may bring and maintain an action in  the  name  of  the city  for  the  foreclosure  of  such  liens  for  such sewer rents. The provisions of this subdivision shall apply only to those cities in which sewer rents have been established and are being imposed  on  May  first, nineteen   hundred   fifty-one,  pursuant  to  the  provisions  of  this subdivision. The provisions of this subdivision shall not prevent a city from acting pursuant to the provisions of  subdivision  twenty-six-a  of this section.   26-a.  To  establish  and impose sewer rents through the action of its local legislative body pursuant to the provisions of article  fourteen-f of the general municipal law.   27.  (a)  To  enact  ordinances:  (1) To examine, license and regulate master and special electricians;  (2)  to  establish  a  board  for  the examination,   licensing,   and   regulation   of   master  and  special electricians; (3) to regulate the modification, suspension or revocation of any such licenses for cause after a hearing.  (b) The term "master electrician" as used in  this  subdivision  shall mean  and  include  any  person,  firm,  co-partnership,  association or corporation having a regular place of business, who  or  which  performs the  work of or who is engaged in the business of electrical contracting and/or of installing, altering and repairing or contracting to  install, alter  or  repair  any  electric wires or wiring apparatus, fixtures and other appliances used or to be used for the transmission of  electricity for  light,  heat  or  power,  or signaling system where more than fifty volts is required for its operation.  (c) The term "special electrician" as used in this  subdivision  shall mean and include any person who is in the exclusive employ of the owner, lessee  or  manager  of  a building to install, alter or repair electric wiring or appliances for light, heat or power, or to install,  alter  or repair  signalling  systems  where more than fifty volts is required for operation. Such license may be limited in its scope  to  any  particular premises  to  be specified in such license, but if so limited the holder thereof shall be entitled to have such location  changed  from  time  to time upon application to the board.  (d)  Such  ordinances  shall  not  apply  to  a  plant  operated  by a municipality authorized to generate or sell electricity nor to  electric corporations  as  defined in the transportation corporations law, nor to any person or corporation engaged in their behalf, nor to the  employees of any of them in performing such work in the conduct of the business of such   corporations  in  installing,  maintaining  or  repairing  wires, apparatus or fixtures, or other appliances used by  such  companies  and necessary for or to their business, whether or not such wires, conduits, apparatus,  fixtures or other appliances are on its own premises, unless the work in connection therewith is done within a building not owned  by such  corporation.  Such ordinances shall not apply to the installation, maintenance or repair of elevators, dumb-waiters and escalators, nor  to the  electrical  work  of  a telephone, telegraph, central station, of a protective, railroad or  radio  broadcasting  company,  nor  to  persons performing electrical work for such a company where said electrical work is  an  integral  part  of  the plant or service used by such company in rendering its duly authorized service to  the  public.  Such  ordinances shall not apply to the maintenance, repairing or operation of electrical equipment  within  a  theatre, or other place of public assemblage where entertainment  or  exhibition  is  provided,  motion   picture   studio, theatrical  studio,  or  motion  picture  film  laboratory,  nor  to the installation of temporary electrical cables, assembling or  erecting  of such  theatrical,  sound  recording, sound reproducing or motion picture equipment where such equipment is  an  integral  part  of  the  theatre, traveling  production,  motion  picture studio or laboratory used in the production or exhibition of stage  or  motion  picture  attractions.  An ordinance  adopted  hereunder shall provide that either of said licenses shall be issued upon proof that  the  applicant  has  been  continuously engaged  in  work  of  the character herein defined for a period of five years  prior  to  the  enactment  of  such  ordinance,  without  further examination, provided that such application be made to such board within one year after the enactment of such ordinance.  (e)  Any  existing  board  for the examination and licensing of master and/or special electricians  in  any  city  to  which  this  subdivision applies, which has been created by the legislative body of said city, is hereby validated and continued until otherwise provided by ordinance. No such  board shall possess powers other than those which might be granted to  a  board  created  pursuant  to  an  ordinance  authorized  by  this subdivision.  (f)  The  provisions  of  this subdivision shall not apply to any city having a population of less than four hundred thousand or more than  one million inhabitants.   28.  (a) To contract by its local governing body, on recommendation of the board of health or other local health officer or  agency,  with  any non-profit  institution  organized to conduct research and investigation into the control of diseases of importance  to  the  public  health  for research  and  investigation by such institution into the prevention and treatment of communicable diseases and other matters relating to  public health.  Such  contract  shall run for a term of not less than ten years  and may contain provisions and conditions  for  renewals  thereof,  from time  to  time,  for  terms  of  not less than ten years each, provided, however, that during such term or any renewal thereof the mayor or other chief  executive  officer, the comptroller or other chief fiscal officer and the commissioner of health or other local  health  officer  of  such city  shall  be  ex  officio  members  of the board of directors of such institution.  (b) The local governing body is further authorized  and  empowered  to appropriate  the  sum  required  to be paid to the institution under the terms of such contract and shall include the sum so appropriated in  its budget  for  the next ensuing fiscal year. The expenditure of all moneys appropriated to the institution shall be subject to  the  audit  of  the comptroller or other chief fiscal officer.   29.  To  contract,  by  its board of estimate or other local governing body, and in the case of any city with a population of  one  million  or more inhabitants, by its board of estimate, with a non-profit membership corporation,  organized  under  article forty-three of the insurance law and approved by the superintendent of financial services and  the  state board  of  social  welfare,  for  the  purpose of furnishing medical and surgical services and  hospital  service  as  defined  in  such  article forty-three,  to  persons  who  contract with such corporation. Any city with a population of one million or  more  inhabitants,  acting  by  its board  of  estimate,  may  make such a contract or contracts with one or more insurance companies authorized to do business in this state or with one or more of such corporations organized under article forty-three  of the  insurance  law,  and  any  such contract or contracts or any health insurance plan or plans of such city effectuated  by  such  contract  or contracts  shall  be administered by the department of personnel of such city or, if there be no such department therein, by a department, agency or officer  thereof  designated  by  the  board  of  estimate  or  other governing  board or body of such city. Any such contract entered into by a city shall permit any officer or employee  or  group  of  officers  or employees  of  an  agency  or  department  who  is  paid out of the city treasury voluntarily to subscribe to  a  plan  or  plans  providing  for medical  and  surgical services and hospital service to such officers or employees and  their  families.  The  comptroller  or  other  disbursing officer  of  the  city  shall  be authorized to deduct from the wages or salary paid by the city to such officer  or  employee,  with  the  prior consent of such contracting or subscribing officer or employee, the sums required  to  be paid by such officer or employee to such corporation or company. Such board of estimate or other local governing  body,  and  in the  case  of  any  city  with  a  population  of  one  million  or more inhabitants, the authorities authorized by law to  make  expense  budget appropriations,  if  such  contract  or  plan provides that the employer shall contribute a share of  the  cost  of  such  medical  and  surgical services  and  hospital  service,  shall have power to appropriate a sum required to be paid under such contract by the city as employer. The sum to be paid under such contract, in the discretion of such board or body, may be a payment equal to the sum of  the  contributions  of  individual officers  or  employees who have subscribed to the plan or plans of such corporation or company, and in the case of any city with a population of one million or more inhabitants, may be a payment equal to  all  or  any part  of the sum to be paid under such contract. The sum so appropriated shall be included in the city's budget for the next ensuing fiscal year. The city shall be authorized to pay  directly  to  such  corporation  or company  the total of such appropriation and of such officer or employee deductions.    29-a. To contract, by its board of estimate or other  local  governing body,  and in the case of any city having a population of one million or more,  by  its  board  of  estimate,  with  such  non-profit  membership corporation  organized  under  article forty-three of the insurance law, and  in  the  case  of any city with a population of one million or more inhabitants, with one or  more  insurance  companies  authorized  to  do business  in  this  state  or  with  one  or  more  of such corporations organized under article  forty-three  of  the  insurance  law,  for  the purpose of providing and administering, as in subdivision twenty-nine of section  twenty  of  the  general city law, health insurance for retired officers and employees of an agency or department and their spouses  and their  dependent  children  and  for  the  widowed spouses and dependent children of employees of an agency or  department  of  such  city  whose death  was  the  natural  and  proximate result of an accident sustained while an employee of such city and while in  the  performance  of  duty. During  any period in which a retired employee voluntarily subscribes to such plan or plans after the date of  his  retirement,  the  comptroller shall  be  authorized  to  deduct  from  his  retirement  allowance  the contribution required to be paid by such officer  or  employee  to  such corporation or company. During any period in which the widowed spouse or dependent  children  of  an employee of any agency or department of such city voluntarily subscribes to such plan or plans  after  the  death  of such  employee,  the  comptroller shall be authorized to deduct from the pension or other allowance payable to such widowed spouse  or  dependent children the contribution required to be paid by such spouse or children to  such  corporation  or company. Where an authority, created under the public authorities law or defined in section three of the public housing law, which  performs  its  functions  wholly  within  a  city  having  a population  of  one  million  or  more inhabitants, is providing for its former officers and employees, who are retirees of a  retirement  system maintained  by such city, a health insurance plan or plans with any such carrier or carriers similar to a health insurance plan or plans provided by such city for its  retirees,  the  comptroller  or  other  disbursing officer  of  such city shall be authorized to deduct from the retirement allowance of any such retiree of an authority the contribution or share, if any, required to be paid  by  such  retiree  who  voluntarily  elects coverage under any of such plans.   29-b. To reimburse any retired officer or employee who:  (1)  at  the  time  of  retirement  was  an  employee  of an agency or department and was paid out of the city treasury;  (2) is receiving a retirement allowance, pension or  other  retirement benefit  from  a  retirement  or  other pension system maintained by the city; and  (3) is enrolled in a choice of health plans  program  offered  by  the city; for  premium  charges for supplementary medical insurance benefits under the federal old-age, survivors and disability insurance benefit  program for  such  officer  or  employee,  if  he is enrolled under such federal program, and for  his  spouse,  if  he  or  she  is  so  enrolled.  Such reimbursement  may  be made monthly or at other intervals, and shall not exceed the amount of premium charges paid for such supplementary medical insurance benefits.   30. To enact ordinances  creating  a  lien  for  towing,  storage  and incidental  expenses upon vehicles found standing or parked in violation of ordinances and removed and stored as an abatement of a nuisance,  and imposing a charge against the owner or persons entitled to possession of such  vehicles  and  providing  the  procedure  for the determination of  ownership or right to possession and the  collection  of  such  lien  or charge, including public sale of the said vehicle.   31.  May permit the use of any city-owned street or highway machinery, tools or equipment by a county in which such city is  wholly  or  partly located or by a municipal subdivision, district, district corporation or school  district, wholly or partly within such a county, upon such terms as may be agreed upon but with the payment to the city of not less  than the hourly rate as fixed by the state commissioner of transportation for the  rental or hiring of such machinery, tools or equipment by the city. Moneys received by a city pursuant to the provisions of this subdivision may be applied to the payment of any existing obligations of the city or transferred to the general fund.   32. To create by resolution of  the  local  governing  body  a  board, commission or department of traffic control in order to more effectively regulate  and  control  vehicular  and  pedestrian traffic and better to serve the public convenience, promote public safety and to protect human life, health and property. Such a traffic agency shall  consist  of  not less  than five nor more than nine members who shall be appointed by the mayor. The  chairman  or  head  of  such  agency  shall  be  a  licensed professional  engineer  who shall have at least ten years' experience in traffic engineering. He shall also be  the  city  traffic  engineer  and shall  receive  an  annual salary. Such agency members shall include the commissioners of police and public works and the chairman  of  the  city planning commission or the officials occupying analogous offices and one other  qualified person and the mayor may designate other qualified city officers or employees  to  serve  as  members  ex  officio  and  without additional  compensation.  Such  traffic  agency  may contain within its departmental structure a bureau  of  traffic  engineering  which  bureau shall be under the immediate supervision of the city traffic engineer.   Whenever such a traffic agency shall be created as in this subdivision provided  it  shall, notwithstanding any other provision of law, possess exclusive power and authority within such city to (a) regulate,  direct, restrict  and  otherwise  to  control  the  movement  of  vehicular  and pedestrian traffic, but not inconsistent  with  the  provisions  of  the vehicle  and  traffic  law  in  relation thereto, (b) limit the carrying capacity of vehicles used in the business  of  carrying  passengers  for hire,  except  omnibuses  operated  pursuant  to  certificates of public convenience and necessity issued by commissioner of transportation,  (c) determine  the location of garages, parking lots and parking meters, (d) determine the design, type,  size,  method  of  erection,  installation, removal,  maintenance,  operation  and  location  of  any and all signs, signals,  markings,  and  similar  devices  for  guiding,  directing  or otherwise regulating and controlling such traffic and, with the approval of the local governing board, may relinquish for transfer and assignment to  any  other  agency of the city government part or all of one or more such powers and duties, and (e)  make  rules  and  regulations  for  the conduct  of  vehicular  and  pedestrian traffic in the use of the public streets, squares and avenues as such board, commission or department may deem necessary. Such rules and regulations shall be filed with the  city clerk  and shall become effective when published in a paper published by the city or, if no paper be published by such city,  in  not  less  than three newspapers having a general daily circulation in such city, except that  in  a  city  having a population of not more than thirty thousand, such rules and regulations shall be published in one newspaper published or having a general circulation in  such  city.  The  violation  of  any provision  of  any  such  rule  or regulation shall be triable by a city magistrate and punishable by imprisonment of not more than  thirty  days or by a fine of not more than fifty dollars or both.    Nothing  in  this  subdivision  contained  shall  affect or impair the powers or duties of the city planning commission  or  of  any  analogous agency  of  city  government  to  determine  the location of garages and parking lots  or  affect  the  power  or  duty  imposed  on  the  police department  or  other  analogous  agency to regulate hacks, taxicabs and taxi drivers pursuant to the provisions of any city charter,  local  law or  ordinance and any such power and duty shall continue to be exercised and performed under the jurisdiction and control of such  department  or agency.   Upon  the adoption of a resolution creating such a traffic agency, and except as in this subdivision otherwise provided, all of the  functions, powers  and  duties vested in such traffic agency which theretofore were exercised and performed by any other agency of the  city  government  of such city, together with all records, property and equipment used in the exercise  and  performance of such functions, powers or duties shall, on the date fixed in such resolution, pass to and be  in  addition  to  the functions,  powers  and  duties  vested  in  such traffic agency by this subdivision.   33. By resolution of its legislative body to authorize the payment  of a  reasonable  mileage  allowance for the miles actually and necessarily traveled on official business by any city officer or employee by the use of his own automobile.   34. To adopt a local law providing that every deed given by such  city pursuant  to any general or special law providing for the foreclosure of a tax lien by action in rem, shall  be  presumptive  evidence  that  the action  and  all  proceedings  therein and all proceedings prior thereto from and including the assessment of the lands affected and all  notices required  by  law  were regular and in accordance with all provisions of law relating thereto.   After two years from  the  date  of  the  record  of  such  deed,  the presumption  shall be conclusive, unless at the time that such local law takes effect the two year period  since  the  record  of  the  deed  has expired  or  less  than  six  months of such period of two years remains unexpired, in which case the presumption  shall  become  conclusive  six months  after  such  local law takes effect. No action to set aside such deed may be maintained unless the action is  commenced  and  a  note  of pendency of the action is filed in the office of the proper county clerk prior to the time that the presumption becomes conclusive as aforesaid.   35. To adopt a local law or ordinance compelling the repair or removal of any building or structure that, from any cause, endangers the health, safety or welfare of the public, providing as follows:   a.  For  an  inspection and report by the director of buildings of the city.   b. For the service of a notice upon the owner, and all  other  persons having  an  interest in such property or structure, either personally or by registered mail, addressed to his last known address as shown by  the records of the officer or agency of the city charged with the assessment of  real  property  therein or collection of real property taxes thereon and/or in the office of the county clerk or county register,  containing a  description  of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous and  an  order  of  the director  of  buildings requiring same to be repaired or removed; and if such service be made by registered mail, for the posting of  a  copy  of such notice on the premises.   c.  For  the  time within which the owner so served shall commence the repair or removal of such building or structure.   d. For the filing of a copy of such notice in the office of the county clerk of the county within which such building or structure is  located,  which notice shall be filed by such clerk in the same manner as a notice of pendency pursuant to article sixty-five of the civil practice law and rules, and shall have the same effect as a notice of pendency as therein provided,  except as otherwise hereinafter provided in this paragraph. A notice so filed shall be effective for a period of  one  year  from  the date of filing, provided, however, that it may be vacated upon the order of  a  judge  or justice of a court of record or upon the consent of the corporation counsel. The clerk of the county where such notice is  filed shall  mark such notice and any record or docket thereof as cancelled of record upon the  presentation  and  filing  of  such  consent  or  of  a certified copy of such order.   e. For a hearing before the director of buildings, notice of which and the  time  and  place thereof to be specified in the notice to repair or demolish, served upon the owner and such persons having an  interest  in the property or structure as is herein prescribed.   f.  For  the  removal of such building or structure by the city in the event such owner fails or refuses to repair or remove  the  same  within the time provided.   g.  For  the assessment of all costs and expenses incurred by the city in connection with the proceedings to repair or remove such building  or structure, including the cost of actually removing the same, against the land on which such building or structure is located.   h.  The  powers  conferred by this subdivision thirty-five shall be in addition to all other powers conferred upon cities in  relation  to  the same  subject  matter.  Nothing  contained  in this subdivision shall be construed to amend, repeal, modify or affect any existing local  law  or ordinance  or provision of any charter or administrative code pertaining to the subject matter to which this subdivision relates, or to limit  or restrict  the  power  of  any  city to amend or modify any such existing local law, ordinance or provision of any charter or administrative code, or to restrict or limit any power otherwise conferred on any city by law with respect to the subject matter to which this subdivision relates.   36.  In  cities  having  a  population  of  fewer  than  one   million inhabitants, to lease to any person, firm or corporation, for commercial or  private  use,  the  air rights over or the subsurface area under any property of the city acquired or to be acquired for  street  or  highway puposes,  together  with easements or other rights of user necessary for the use and development of such air rights or subsurface areas,  as  are not   needed   for   public  purposes,  subject  to  such  reservations, restrictions and conditions  as  the  city  deems  necessary  to  assure adequate  protection to the safety and the adequacy of street or highway facilities and to abutting or adjacent land users and as the city  deems necessary  to minimize or avoid public utility facility relocation costs which would otherwise ensue if  such  facilities  were  removed  without regard  to  their compatability with the intended use of such air rights or subsurface areas. Any such lease may be  for  a  term  not  exceeding ninety-nine  years  and may be renewed for such additional term or terms as  the  city  council   may   provide.   Any   buildings,   structures, substructures  or  superstructures,  the  title  to which remains in the lessee, shall be deemed to be real property for purposes of taxation  as defined  in  subdivision  twelve  of section one hundred two of the real property tax law. Nothing in this subdivision shall be deemed to  create any   liability  arising  from  the  cost  of  public  utility  facility relocation not recognized at common law or otherwise created by statute.   37. To adopt  ordinances  or  local  laws  prohibiting  and  punishing loitering;  provided  however,  that  such  ordinance  or law shall only prohibit loitering for a specific illegal  purpose  or  loitering  in  a specific  place  of restricted public access and shall therein set forth  guidelines for application  of  such  prohibitions  by  law  enforcement officers  so  as  to  prevent arbitrary or discriminatory enforcement of such prohibitions.   38. a. A city having a population of more than one hundred twenty-five thousand and less than one million, is authorized and empowered to enter into  a  lease, sublease or other agreement with the dormitory authority providing for the financing or refinancing of all or a portion of school district capital facilities or  school  district  capital  equipment  in accordance with section sixteen hundred eighty of the public authorities law  and with the approval of the commissioner of education. Such lease, sublease, or other agreement may  provide  for  the  payment  of  annual rentals  and other payments to the dormitory authority, and contain such other terms and conditions as may be agreed upon by the parties thereto, including the  establishment  of  reserve  funds  and  indemnities.  For purposes  of  this  subdivision, school district capital equipment shall have the meaning ascribed thereto in section sixteen hundred seventy-six of the public authorities law.   b.  Notwithstanding  any  provisions  of  law  to  the  contrary,  the dormitory authority and the board of education are hereby authorized and empowered  to  perform  any  and  all acts and to enter into any and all agreements necessary or desirable to effectuate  the  purposes  of  this subdivision.