2023 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  article,  shall  be  superseded.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  local law is superseded under the provisions of this  subdivision,  such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  provision had not been superseded, but the  exercise  thereof  shall  be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  provisions which are superseded by the provisions of subdivision one  of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.