2023 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.