Section 4-101
§ 4-101 Acquisition of certain lands; by reversion. In the event that
any site or plot of ground, transferred to the United States, for the
erection and maintenance of a light and fog signal at Hunt's Point Park,
in the borough of the Bronx, should become unnecessary or cease to be
used for such purposes, such site shall revert to the city, as if such
transfer had not been made.
Section 4-102
§ 4-102 Loss of certain lands; by reversion. The lands situate in the
county of Westchester which were taken by the city, by virtue of the act
entitled "An act to provide for supplying the city of New York with pure
and wholesome water" passed May second, eighteen hundred thirty-four,
shall be held and appropriated by the city for the use and purpose of
introducing water into the city, and for purposes necessarily incident
thereto, and for no other uses or purposes whatever. In case the city
should use any of such lands situate in the county of Westchester for
purposes other than in this section permitted, or in case such land
should not be required for the purpose of introducing water into the
city, such lands so improperly used, or not so required, shall become
vested in the individual from whom such city obtained it, as full and
perfectly as though such act had never been enacted, upon repaying to
the city the amount originally paid for the same, after deducting from
such amount the damages sustained by such individual by reason of any
alteration or work which the city may have made upon such land.
Section 4-104
§ 4-104 Title to certain public beaches; limitations thereon. a.
Title acquired or to be acquired by the city to any uplands, filled in
lands, lands under water, estates, rights, easements, interests or
privileges for public beaches on the Atlantic ocean from the westernmost
point of Coney Island to the westerly line of Beach Second street, in
the borough of Queens, and on the lower New York bay from the southerly
line of the United States reservation Fort Wadsworth to the northerly
line of the United States reservation Miller Field, in the borough of
Richmond, in each and every case shall be a title in fee in trust for
the use of the public to pass and repass over and along such public
beach and beaches in the same manner as public beaches ordinarily are
used. The owners of property abutting on the inland side of any such
public beach or beaches shall possess easements of light, air and access
over, along and across such public beach or beaches to the Atlantic
ocean and to the lower New York bay, as the case may be, and a frontage
on and access to such public beaches, streets, parks, avenues,
boulevards, promenades, walks and boardwalks as may be authorized and
constructed within the same.
b. Where such owners have laid out and are maintaining pipes for the
drawing and discharging of sea water under the soil to be acquired for a
public beach, they shall have the right to maintain such pipes under the
soil of such public beach or beaches for the purpose only of drawing and
discharging sea water, the maintenance of such pipes to be under the
supervision of the commissioner of parks and recreation. Where owners
have not laid and are not maintaining pipes under such soil for drawing
and discharging of sea water, the board of estimate, under such terms
and conditions as to it shall seem proper, may grant to such owners the
right to lay and maintain pipes for the drawing and discharging of sea
water only under the soil of such public beach or beaches.
Section 4-105
§ 4-105 Land in private or in closed or discontinued streets;
conveyance to abutting owners or other persons. a. Whenever the city
shall have any right, title or interest in and to the land lying within
a private street, however acquired, or within a street, closed or
discontinued in whole or in part, the owner of land fronting thereon at
the time of acquisition of such private street or at the time of such
closing or discontinuance, or the owner's heirs or assigns, may acquire,
such right, title and interest in and to any parcel or parcels of such
land lying in front of the lands owned by such person or persons, upon
payment to the commissioner of finance for the right, title or interest
to be acquired within such private street or within such closed or
discontinued street of such consideration as shall be determined by the
commissioner of citywide administrative services; provided, however,
that, except as otherwise provided by law, such consideration shall be
in an amount not less than the appraised value of such right, title or
interest as determined by appraisal made within six months prior to the
authorization of such conveyance.
b. Such owner or owners or owner's heirs or assigns or the department
of citywide administrative services on behalf of such owner or owners or
owner's heirs or assigns shall apply, in writing, to the department of
city planning for such conveyance either simultaneously with an
application for the closing or discontinuance of a street or not later
than two years after the acquisition of such private street or not later
than two years after the closing or discontinuance of such closed or
discontinued street. The department of city planning shall process such
application pursuant to sections one hundred ninety-seven-c and one
hundred ninety-seven-d of the charter. The department of city planning
shall notify or cause to be notified all other owners eligible to
purchase such right, title or interest pursuant to the provisions of
this section of the filing of such application prior to certifying that
such application is complete. Such notice shall be served by registered
or certified mail addressed to the last known address of such owner or
owners, as the same appears in the records of the office of the
commissioner of finance or if there is no name in such records, such
notice may be served by ordinary mail addressed to "Owner" at the street
address of the improvement parcel or property in question. Failure by
the department to give such notice or cause such notice to be given
shall not invalidate any proceedings with respect to such application.
If the conveyance is approved by the mayor and in the manner prescribed
by any applicable provisions of sections one hundred ninety-seven-c and
one hundred ninety-seven-d of the charter, the mayor shall cause to be
prepared and delivered to such owner or owners or owner's heirs or
assigns a conveyance of the right, title and interest of the city in and
to such parcel or parcels of land in such form as shall be approved by
the corporation counsel. Such conveyance shall be delivered to such
owner or owners or owner's heirs or assigns upon payment of the sum
required by subdivision a hereof to be paid.
c. The mayor, in conveying such right, title or interest, shall not be
obliged to convey the right, title or interest of the city in and to the
land within one-half of such private or such closed or discontinued
street to the owner of the land abutting on such half. Subject to any
land use restrictions imposed pursuant to sections one hundred
ninety-seven-c or one hundred ninety-seven-d of the charter, the mayor
may convey all right, title or interest of the city in and to the lands
in any such private or such closed or discontinued street to the owner
of the land abutting on one side thereof, whenever in his or her
judgment it shall be just and proper, or in the best interests of the
city, to do so, or to such abutting owners as require the same to make
their abutting lands more available for improvements.
d. Subject to the provisions of section three hundred eighty-four of
the charter, the mayor may at any time sell or otherwise dispose of the
right, title and interest of the city in and to so much of the land
lying within such private or such closed or discontinued street for
which no application has been filed pursuant to this section, to any
person or persons whomsoever upon such terms and conditions as the mayor
may deem proper.
e. The provisions of this section which refer to land or lands lying
within a private street or within a street closed or discontinued shall
be deemed to refer to the surface and subsurface of and air space over
such street or any part of the surface or subsurface of or the air space
over such street.
Section 4-106
§ 4-106 City real property; exceptions to inalienability and to public
sale of. Notwithstanding any provisions of law to the contrary, the
board of estimate is authorized, subject to the provisions of sections
one hundred ninety-seven-c and three hundred eighty-four of the charter,
where applicable:
1. To convey to the state of New York in fee simple absolute such dock
land and adjacent lands under water as may by determination of the
commissioner of transportation be declared necessary for canal
terminals, such lands to be and remain public lands under the sole
control of the state.
2. To sell and convey to the upland owner any of the lands now or
formerly under water, including lands under water excepted or reserved
for street purposes out of grants of lands under water heretofore made
by the city or its predecessors, along the westerly line of Franklin D.
Roosevelt Drive (formerly known as East River Drive), between the
northerly side of East Thirteenth street and the southerly side of East
Fourteenth street, the northerly side of East Twentieth street and the
southerly side of East Twenty-first street, the northerly side of East
Thirtieth street and the southerly side of East Fifty-eighth street, the
northerly side of East Fifty-ninth street and the southerly side of East
Sixty-third street, the northerly side of East Eighty-ninth street and
the southerly side of East Ninetieth street, in the borough of
Manhattan. Such board of estimate, in its discretion, on and after May
first, nineteen hundred forty-four, may sell and convey to any person or
persons whomsoever, pursuant to section three hundred eighty-four of the
charter, the aforesaid lands, described in this subdivision, which have
not theretofore been granted or conveyed to the upland owners as
provided in this subdivision, except as to such lands lying between the
northerly side of East Thirteenth street and the southerly side of East
Fourteenth street, which land such board, in its discretion on and after
May first, nineteen hundred forty-seven, may sell and convey to any
person or persons whomsoever, pursuant to section three hundred
eighty-four of the charter.
2-a. To sell and convey to the upland owner any of the lands now or
formerly under water, including lands under water excepted and reserved
for street purposes out of grants of lands under water heretofore made
by the city or its predecessors, along the westerly shore of the Harlem
river inside the bulkhead line, between the northerly side of Academy
street and the southerly side of West Two hundred second street, and
between the northerly side of West Two hundred sixth street and the
southerly side of West Two hundred eighth street, and between the
southerly line of lot 25 in block 2189 of section 8 as shown on the tax
map of the city of New York for the borough of Manhattan and the
southerly side of West Two hundred fifteenth street, and between the
northerly side of West Two hundred sixteenth street and the prolongation
eastwardly of the most southerly division line between lot 47 and lot 67
in block 2197 of section 8 as shown on said tax map, in the borough of
Manhattan. Such board of estimate, in its discretion, on and after May
first, nineteen hundred seventy, may sell and convey to any person or
persons whomsoever, pursuant to section three hundred eighty-four of the
charter, the aforesaid lands, described in this subdivision, which have
not theretofore been granted or conveyed to the upland owners as
provided in this subdivision.
3. a. To cede, grant and convey to the United States, free of cost,
all the estate, right, title and interest of the city in and to any
lands and lands under water, acquired by and owned by the city, required
for the improvement of the navigation of waters within, or separating
portions of the city, in accordance with the plan or plans, establishing
bulkhead or pierhead lines in such waters, prepared by the secretary of
defense; and
b. To cede, grant and convey to the United States, free of cost, or
upon such consideration as may be agreed upon between such board and the
United States, all the estate, right, title and interest of the city in
and to any lands and lands under water acquired by or owned by the city,
required for the establishment of air stations, in connection with the
defense of New York harbor and the Atlantic coast; and
c. Whenever any part of such lands or lands under water shall have
been ceded, to give a certificate under their hands, or those of a
majority of them, that the same have been ceded as herein provided, and
upon the production of such certificate it shall be the duty of the
mayor and city clerk in the name and on behalf of the city to execute a
proper conveyance of such lands and lands under water under their hands
and the seal of such city.
d. To convey to the United States free of cost, or upon such
consideration as may be agreed upon between such board and the United
States, a perpetual easement of passage for military purposes from Fort
Totten across the right-of-way of Cross Island parkway in the borough of
Queens.
4. a. To set aside and use for public streets and parks, and for such
city purposes as it may deem necessary, so much of the lands under
water, islands, hummocks, hassocks, marshes and meadow lands in Jamaica
bay and Rockaway inlet and tributaries thereto lying to the north of
latitude forty degrees and thirty-three minutes north and to the
eastward of longitude seventy-three degrees and fifty-six minutes west,
granted to the city by the state of New York, including the portion or
areas laid out for and included in a public street or park improvement
authorized in accordance with law; and
b. To lease for residential use so much of the lands described in
paragraph a of this subdivision, excluding any areas now adopted or
which may hereafter be adopted as a marginal street, wharf or place, as
may be determined by it to be unadaptable for commercial, manufacturing
or industrial use and to be adaptable for such residential use; and
c. To release to adjoining upland owners, upon such terms and
conditions and for such consideration as it may deem proper, such
portions of the lands under water referred to in paragraph a of this
subdivision, as are comprised in the beds of creeks, inlets and
tributaries of Jamaica bay, situated inshore of the interior lines
thereof and not required for the purposes specified in paragraphs a and
b of this subdivision; or
d. To exchange so much of the lands under water comprising the beds of
such creeks, inlets and tributaries, so situated, which it is authorized
to release pursuant to paragraph c of this subdivision, for adjacent
privately owned lands required for the opening and extending of public
streets or avenues, duly laid out upon the final map of the city.
5. To sell and convey, at private sale, to a corporation organized
solely for religious, charitable or educational purposes, such portion
of the islands or of an island in Jamaica bay as shall be required by
such corporation for religious, charitable or educational purposes, on
such terms as the board may deem proper, provided that the deed of
conveyance contain a covenant that the land so conveyed shall be used in
perpetuity for such purposes.
6. To grant and convey to abutting upland owners, upon such terms and
conditions and for such consideration as such board may deem proper, by
proper instrument or instruments in writing under the corporate seal of
the city, all the property, right, title and interest that it now has or
may hereafter acquire in and to any lands under the waters of the
Atlantic ocean which are or shall be located inland of the interior line
or lines of any public beach or beaches now laid out and established, or
which may hereafter be laid out and established from the westernmost
point of Coney Island to the westerly boundary line of Beach Second
street, in the borough of Queens.
7. From time to time, to sell, either at public or private sale, for
part cash or part secured by purchase money mortgage, in such
proportions and upon such terms as they may determine, and to convey all
or any part of the common lands of the late town of Gravesend remaining
unsold, and all other lands and property of such late town not needed or
used for governmental purposes.
8. To grant to railroad corporations for the construction and
maintenance of their roadbeds, tracks, bridges and other structures, and
the operation over the same of their railroads in perpetuity or for
shorter periods, easements or rights of way, in, over, along or across
any lands, or over and across any lands under water, and the waters
covering the same, heretofore or hereafter acquired by the city pursuant
to law, in the counties of Westchester and Putnam, for or in connection
with its water supply, upon such terms and conditions, for such
consideration and subject to such restrictions as in the judgment of
such board shall seem proper. No such grant, however, shall be made
unless such board shall first determine that the use or enjoyment for
such purposes of such lands is not inconsistent with the purposes for
which such lands were or may hereafter be acquired. Every such grant
shall contain covenants restricting the manner and form of such use and
enjoyment in accordance with the determination of the board, and
providing for the forfeiture thereof to the city upon breach of any of
such covenants. No such grant of any easement or right of way shall be
made to any railroad corporation where the length of such easement or
right of way exceeds one mile, unless such grant embraces several
distinct and separate easements or rights of way, in which event the
aggregate length of all of such easements or rights of way may be, but
shall not exceed, three miles, and no one easement or right of way
included in such aggregate length shall exceed in length three-fourths
of a mile. The consideration provided to be paid by the grantee in and
by any such grant shall be paid into the real property fund.
9. Except as limited by subdivision eight of this section, to lease or
grant, without public letting in perpetuity or for shorter periods,
rights, easements or rights-of-way in, over or across any city real
property heretofore or hereafter acquired and used for the purposes of
impounding, storing or transporting water for municipal water supply or
for the sanitary protection thereof wheresoever located, for park,
parkway, roadway, highway, sewer, railroad or any other public purpose,
and for elimination of highway railroad crossings at grade for such
consideration and upon such terms and conditions and subject to such
restrictions as such board may deem proper. No such lease or grant,
however, shall be made unless the agency having jurisdiction over such
property shall first determine and certify in writing that such property
or interest therein so leased or granted will not endanger or injure the
water supply structures or other property of the city or interfere with
the use and operation thereof for water supply or sanitary protection
purposes. Every such lease or grant shall contain covenants restricting
the use of such property or interest therein in accordance with the
determination of such board, and providing for the forfeiture to the
city of such property or interest therein upon breach of any such
covenants.
10. To exchange and convey lands under water in creeks, tributaries
thereto, ditches, ponds and bays no longer required by the city for
public purposes. In exchange for lands conveyed the mayor may acquire
lands of private owners, necessary for sewer drainage canals, within the
lines of any sewer drainage canal as laid out, and the mayor is
authorized to take deeds and conveyances. Such exchange, however, shall
not be made to or with any owner or owners whose upland does not abut,
bound or adjoin the lands under water to be exchanged, nor shall such
board convey such lands under water until the agency having under
control or supervision such lands under water, shall have first
certified to the board that the lands to be conveyed are no longer
necessary or required for public purposes. In the exchange of such lands
all right, title and interest of private owners in that portion of
creeks, tributaries thereto, ditches, ponds and bays not abutting,
bounding or adjoining lands under water so exchanged, shall be deeded
and delivered to the city, and the board by resolution and the mayor by
order shall authorize such exchange. The corporation counsel by the
direction of the board and the mayor, shall thereupon prepare and
certify the forms of all legal instruments and deeds necessary on the
part of the city to effect such exchange in law. The board and the mayor
shall designate and authorize the proper official or officials to
execute and deliver all legal instruments and deeds necessary to effect
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.
Section 4-107
§ 4-107 City real property; transfer of, to department of citywide
administrative services. Whenever any real property of the city is
unproductive, or the term for which it may have been leased or let shall
have expired or be about to expire, the agency having jurisdiction over
such real property shall forthwith transfer the same to the department
of citywide administrative services.
Section 4-108
§ 4-108 City real property; condition precedent to disposition of. The
board of estimate, before it shall dispose of any real property, shall
determine that such real property is no longer required for a public
use.
Section 4-109
§ 4-109 City real property; sale of. City real property, including
buildings, fixtures and machinery therein, shall be sold in the manner
prescribed in subdivision b of section three hundred eighty-four of the
charter pursuant to a resolution adopted by the board of estimate, and
such sale shall be under the sole supervision of such board. In case
such buildings, fixtures and machinery be sold at public auction, the
board of estimate may provide as a condition of such sale that such
buildings, fixtures or machinery shall not in any case be relocated or
re-erected within the lines of any proposed street or other public
improvement, and if after such sale such buildings or parts of buildings
or other structures be relocated or re-erected within the lines of any
proposed street or other public improvement, title thereto shall
thereupon become vested in the city and a resale at public or private
sale may be made in the same manner as if no prior sale had been made of
the same.
Section 4-110
§ 4-110 School lands; sale of, at auction. The board of estimate is
authorized, upon the application of the board of education duly
authorized and certified, to sell at public auction at such times and on
such terms as they may deem most advantageous for the public interest,
any land or lands and the buildings thereon, owned by the city, occupied
or reserved for school purposes, and no longer required therefor. No
property, however, shall be disposed of for a less sum than the same may
be appraised by the board of estimate, or a majority of them, at a
meeting to be held and on an appraisement made within two months prior
to the date of the sale. At least thirty days notice of such sale,
including a description of the property to be sold, shall be published
in the City Record.
Section 4-111
§ 4-111 Market property; sale of. If the real property sold by the
board of estimate be market property it shall be sold only pursuant to a
resolution adopted by a three-fourths vote thereof.
Section 4-112
§ 4-112 Deeds; execution of, by city. Whenever the sale of any real
property of the city shall have been authorized pursuant to this charter
or other applicable law, the mayor or the commissioner of citywide
administrative services and the city clerk, or for a sale of real
property of the city that is under the jurisdiction of the department of
housing preservation and development, the mayor or the commissioner of
the department of housing preservation and development and the city
clerk, shall execute proper conveyances of such real property signed by
them and bearing the seal of the city. A conveyance of such real
property shall not be delivered to the grantee until the proceeds of
such sale have been received by the city.
Section 4-113
§ 4-113 Power to exchange lands no longer used for public purpose. 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 appplication therefor.
Section 4-114
§ 4-114 Boundary disputes; power to settle. 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.
Section 4-115
§ 4-115 Demolition or removal of buildings. 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.
Section 4-116
§ 4-116 Discrimination in housing. 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.
Section 4-117
§ 4-117 Title to former town burial grounds; care, maintenance and
operation; appropriation for care and maintenance; transfer of funds. 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 re-invest, 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.
Section 4-118
§ 4-118 Investment of trust funds for perpetual care and maintenance
in cemeteries. 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.
Section 4-119
§ 4-119 Acquisition of certain cemetery lands in the borough of the
Bronx. a. The city may acquire by gift, and maintain and continue to
operate as a cemetery principally for the burial of members of the armed
forces of the United States, the following described premises:
All that piece or parcel of cemetery land situate in the borough of
Bronx, city and state of New York, bounded and described as follows:
Beginning at the corner formed by the intersection of the northerly
side of East one hundred eightieth street, and the westerly side of
Bryant avenue; running thence northerly along the said westerly side of
Bryant avenue; one hundred ninety and eighty-seven one-hundredths
(190.87) feet; thence westerly, parallel with the northerly side of East
one hundred eightieth street, one hundred fifty-six and ninety-seven
one-hundredths (156.97) feet; thence southerly, parallel with the
westerly side of Bryant avenue, one hundred eighty-eight and nine
one-hundredths (188.09) feet to the northerly side of East one hundred
eightieth street; and running thence easterly, along the northerly side
of East one hundred eightieth street, one hundred fifty-five and
fifty-six one-hundredths (155.56) feet to the point or place of
beginning. Be the said several distances and dimensions more or less.
b. The head of the agency designated by executive order of the mayor
shall be charged with the care, maintenance and operation of said burial
ground, and shall promulgate such regulations as he or she deems
necessary and proper in relation thereto. The head of the agency
designated by the mayor shall prescribe in such regulations interment
fees and charges for the care of graves and other services customarily
rendered in cemeteries. Notwithstanding any other provision of law, the
agency so designated shall prescribe in such regulations, a schedule of
prices as recommended by the commissioner of citywide administrative
services for the sale of lots in the 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 such agency in connection with the care,
maintenance and operation of the 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.
c. There shall be appropriated by the city funds to provide for the
proper care, maintenance and operation of said burial ground.