Section 1599-E. Conveyance of property by the city to the authority; acquisition of property by the city or by the authority  


Latest version.
  • 1.  The  city  may,   by  resolution  or  resolutions  of  the  common  council  or  by
      instruments authorized by such  resolutions,  convey,  with  or  without
      consideration,  and  upon  appropriate conditions as to outstanding city
      bonds appertaining thereto, to the authority real and personal  property
      owned by the city for use by the authority as a project or projects or a
      part  thereof.  In  case of real property so conveyed, the title thereto
      shall remain in the city but  the  authority  shall  have  the  use  and
      occupancy thereof for so long as its corporate existence shall continue.
      In  the  case  of personal property so conveyed, the title shall pass to
      the authority.
        2. The city may acquire in  the  name  of  the  city  by  purchase  or
      condemnation  real  property  in the city for any of the projects or for
      the widening of existing roads, streets, avenues, or  highways,  or  for
      new  roads,  streets, avenues or highways within a radius of one mile to
      any of the projects, or partly for such purposes and  partly  for  other
      city purposes, by purchase or condemnation in the manner provided by law
      for the acquisition of real property by the city. For like purposes, the
      city  may  close  such  streets,  roads,  avenues, or highways as may be
      necessary or convenient, except as to state highways and  arterial  ways
      which may not be closed without the consent of the state commissioner of
      transportation.
        3.  Contracts  may  be entered into between the city and the authority
      providing for the property to be conveyed by the city to the  authority,
      the  additional property to be acquired by the city and so conveyed, the
      streets, roads, avenues, and highways to be closed by the city  and  the
      amounts,  terms  and  conditions of payment to be made by the authority.
      Such contracts may also contain covenants by the city as  to  the  road,
      street, avenue and highway improvements to be made by the city. Any such
      contracts  between  the  city  and  the  authority may be pledged by the
      authority to secure its bonds and may not be modified thereafter  except
      as provided by the terms of the pledge. The common council may authorize
      such  contracts  between  the  city  and  the  authority  and  no  other
      authorization on the part of  the  city  for  such  contracts  shall  be
      necessary.  Any  such contracts may be so authorized and entered into by
      the city and in such manner as the common council may determine, and the
      payments required to be made by  the  city  may  be  made  and  financed
      notwithstanding  that  no provisions therefor shall have first been made
      in the annual budget of the city. All contractual or  other  obligations
      of  the city incurred in carrying out the provisions of this title shall
      be included in and provided for  by  each  annual  budget  of  the  city
      thereafter  made,  if  and  to the extent that they may appropriately be
      included therein.
        4. The authority may, subject to the approval of the common council of
      the city of Niagara Falls, itself acquire real property for a project in
      the name of the city at the cost and expense of the authority  by  gift,
      purchase or condemnation pursuant to the condemnation law or pursuant to
      the laws relating to the condemnation of land by the city. The authority
      shall  have  the  use and occupancy of such real property so long as its
      corporate existence shall continue.
        5. In case the authority shall have the use and occupancy of any  real
      property  which  it  shall determine is no longer required for a project
      then, if such property was acquired at the cost and expense of the city,
      the authority shall have the power to surrender its  use  and  occupancy
      thereof  to the city, or, if such real property was acquired at the cost
      and expense of the authority, then the authority shall have the power to
      sell, lease or otherwise dispose of said  real  property  at  public  or
    
      private sale, and shall retain and have the power to use the proceeds of
      sale,  rentals, or other moneys derived from the disposition thereof for
      its purposes.
        * NB Authority ceased to exist 07/01/1974
        * NB There are 4 § 1599-e's