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The board of estimate is authorized by a three-fourths vote upon the application of any agency of the city to whose use any lands of the city have been assigned and upon the determination of such board that such real property of the city as shall be specified in such application is no longer needed for departmental or public purposes, to convey any such land, with or without the improvements thereon, and, in exchange therefor, the mayor is authorized to acquire other land of equal or greater value of private owners lying within the same borough; provided that the mayor shall determine that such lands of private owners are needed for a public purpose. To determine the value of the land of the city, and of the land to be exchanged therefor, the board shall have such property of the city and the mayor shall have the property of the owners duly appraised by three discreet and disinterested appraisers to be appointed by such board and the mayor. The appraisers shall be residents of the borough in which such lands are situated, and such appraisal shall be made within three months prior to the date of such exchange. The corporation counsel, as directed by a resolution duly adopted and certified by the board and by order of the mayor, shall approve the form of all legal instruments necessary on the part of the city to effect such exchange in law, and the board and the mayor shall designate and authorize the proper officer to execute and deliver any and all legal instruments necessary to effectuate such exchange. The land so acquired by the exchange shall be assigned to the agency requiring the use of the same upon proper application therefor.
The board of estimate shall have power, by three-fourths vote, to settle and adjust by mutual conveyances or otherwise, and upon such terms and conditions as may seem to them proper, disputes existing between the city and private owners of real property, in respect to boundary lines, and to release such interest of the city in real property as the corporation counsel shall certify in writing to be mere clouds upon titles of private owners, in such manner and upon such terms and conditions as in its judgment shall seem proper.
a. The board of estimate shall have discretion to direct the demolition or removal of all buildings or other structures owned by the city and not needed for any public purpose.
b. Upon the failure of the board of estimate to receive any bids for the demolition or removal of buildings or other structures on land acquired by the city for a public improvement, the agency under whose jurisdiction such public improvement is to be made may provide for such demolition or removal in the contract or contracts relating to such improvement.
Every deed, lease or instrument made or entered into by the city, or any agency thereof, for the conveyance, lease or disposal of real property or any interest therein for the purpose of housing construction pursuant to the provisions of article fifteen of the general municipal law and laws supplemental thereto and amendatory thereof shall provide that no person seeking dwelling accommodations in any structure erected or to be erected on such real property shall be discriminated against because of race, color, religion, national origin or ancestry.
a. Title to former town burial grounds. Title to any burial ground which formerly was the public property of any town, village or city, consolidated into and now a part of the city of New York, is hereby declared to vest in the city of New York.
b. Care and maintenance of said burial grounds. The agency designated by executive order of the mayor shall be charged with the care, maintenance and operation of said burial grounds.
c. The head of such agency shall promulgate such regulations as he or she deems necessary and proper in relation to the care, maintenance and operation of any such cemetery under his or her jurisdiction. The head of such agency shall prescribe in such regulations reasonable interment fees and charges for the care of graves and other services customarily rendered in cemeteries. Notwithstanding any other provision of law, the head of such agency shall prescribe in such regulations, a schedule of prices as recommended by the commissioner of citywide administrative services for the sale of lots in any such cemetery, and the commissioner of citywide administrative services shall be authorized to sell such lots for such prices without further approval of any other official. Instruments evidencing the ownership of any purchaser of such lot shall be executed by the commissioner of citywide administrative services and approved as to form by the corporation counsel. All fees, charges, and other moneys received by the head of such agency in connection with the care, maintenance and operation of any such cemetery and all sums paid to the commissioner of citywide administrative services for lots shall be paid to the comptroller and deposited in and credited to the general fund.
d. Appropriation for care, maintenance and operation. There shall be appropriated by the city funds to provide for the proper care, maintenance and operation of said burial grounds.
e. All funds and property held by any trustee of such burial grounds, other than funds and property held in trust, shall be paid over to the comptroller and deposited in and credited to the general fund. All funds and property held by any such trustee in trust shall be paid over or delivered to the comptroller, and shall be held in trust, administered and managed by the comptroller, with power to invest and reinvest, for the purposes for which such funds and property were held in trust by such trustee. In any case in which an officer or agency of the city incurs any expense in carrying out any such trust, including expenses for providing perpetual care, cemetery maintenance and care, or any other service, work or materials contemplated by such trust, the comptroller may reimburse the city for such expense from the income from the trust funds or property held by the comptroller in connection with such trust, and from the corpus thereof where the terms of such trust permit the use of the corpus for carrying out its purposes.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
In investing and reinvesting trust funds held by him or her pursuant to section 4-117 or otherwise for the perpetual care and maintenance of any lot, plot or part thereof in a cemetery or burial ground maintained and operated by the city of New York, and under the jurisdiction of the borough president of the respective borough in which such cemetery or burial ground exists, the comptroller may add moneys and property received by him or her, whether by contract, in trust or otherwise, to any similar trust fund or funds, and apportion shares or interests to each trust fund, showing upon his or her records at all times every share or interest, or he or she may combine two or more trust funds or portions of the same.
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