N.Y. General City Law § 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.