NY Gen City L § 23 (2021)
2021 New York Laws GCT - General City Article 2-A - Powers of Cities 23 - Powers Hereby Granted, How to Be Exercised.

§ 23. Powers  hereby  granted,  how  to  be  exercised.  1. The powers   granted by this act are to be exercised  by  the  officer,  officers  or   official  body  vested with such powers by any other provision of law or   ordinance (subject to amendment or repeal of any such ordinance) and  in   the  manner and subject to the conditions prescribed by law or ordinance   (subject to amendment or repeal of any such ordinance), but no provision   of any special or local law shall operate to defeat or limit  in  extent   the  grant  of  powers  contained  in this act; and any provision of any   special or local law which in any city operates, in terms or in  effect,   to prevent the exercise or limit the extent of any power granted by this   article,  shall  be  superseded.  Where any such provision of special or   local law is superseded under the provisions of this  subdivision,  such   power,  freed  from  the limitations imposed by such provision, shall be   exercised by the same officer, officers or official body that  would  be   vested  with  the same under the provisions of this subdivision, if such   provision had not been superseded, but the  exercise  thereof  shall  be   subject  to  the  limitations  provided  for  in subdivision two of this   section.2. In the absence of any provision of law or ordinance determining  by   whom  or  in what manner or subject to what conditions any power granted   by this act shall be exercised, the common council or board of  aldermen   or  corresponding  legislative  body  of  the city shall, subject to the   provisions of this section, have power by ordinance to determine by whom   and in what manner and subject to what conditions said  power  shall  be   exercised. The exercise by any city of any power granted by this article   not  now  vested  in  such  city  or  now vested in such city subject to   provisions which are superseded by the provisions of subdivision one  of   this section, shall be subject to the following limitations:b.  No sale or lease of city real estate or of any franchise belonging   to or under the control of the city shall be made or  authorized  except   by  vote  of  three-fourths  of all the members of the common council or   corresponding legislative body of the city. In case of a  proposed  sale   or  lease  of  real estate or of a franchise, the ordinance must provide   for a disposition of the same at public auction to the  highest  bidder,   under  proper  regulations as to the giving of security and after public   notice to be published at least once each week for three  weeks  in  the   official  paper or papers. A sale or lease of real estate or a franchise   shall not  be  valid  or  take  effect  unless  made  as  aforesaid  and   subsequently  approved  by  a  resolution  of  the board of estimate and   apportionment in any city having such a board, and also approved by  the   mayor.  No franchise shall be granted or be operated for a period longer   than fifty years. The common council or corresponding  legislative  body   of  the  city may, however, grant to the owner or lessees of an existing   franchise, under which operations are being actually  carried  on,  such   additional  rights  or  extensions in the street or streets in which the   said franchise exists, upon such terms as the interests of the city  may   require,  with  or  without any advertisement, as the common council may   determine, provided, however, that no  such  grant  shall  be  operative   unless  approved  by the board of estimate and apportionment in any city   having such a board, and also by the mayor.In any city the question whether any proposed sale or  lease  of  city   real estate or of any franchise belonging to or under the control of the   city  shall be approved shall, upon a demand being filed, as hereinafter   provided, be submitted to the voters  of  such  city  at  a  general  or   special election, after public notice to be published at least once each   week  for three weeks in the official paper or papers. Such demand shall   be subscribed and acknowledged by voters of the city equal in number  to   at  least  ten per centum of the total number of votes cast in such city    at the last preceding general election and shall be filed in the  office   of  the  clerk  of  such  city  before  the  adoption of an ordinance or   resolution making or authorizing such sale or lease. If such  demand  is   filed, as aforesaid, such sale or lease of real estate or such franchise   shall not take effect unless in addition to the foregoing requirements a   majority  of  the electors voting thereon at such election shall vote in   the affirmative.The foregoing limitations shall not apply to the exercise by any  city   of  any  power  now  vested  in it, where the existing provisions of law   determining by whom or in what manner or subject to what conditions such   power shall be  exercised  are  not  superseded  by  the  provisions  of   subdivision  one  of this section; but in such case the exercise of such   power shall be subject only to such  existing  provisions  of  law,  and   shall not be limited or restricted by any provision of this section.