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S06474 Summary:

S06474 Actions:

S06474 Committee Votes:

S06474 Floor Votes:

S06474 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6474
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      May 24, 2017
                                       ___________
 
        Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend chapter 711 of the laws of 1907  relating  to  providing
          for  a  public  park  in  the  town  of Rye, county of Westchester, in
          relation to the duration of certain leases or agreements at  Rye  town
          park
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Sections 8 and 9 of chapter 711 of the laws of 1907  relat-
     2  ing  to  providing for a public park in the town of Rye, county of West-
     3  chester, section 8 as amended by chapter 236 of the  laws  of  2002  and
     4  section  9 as amended by chapter 778 of the laws of 1952, are amended to
     5  read as follows:
     6    § 8. The said commissioners of parks shall have power and are directed
     7  to lay out, construct, grade and improve said park; to appoint, in their
     8  discretion, such employees as they  deem  necessary  for  the  care  and
     9  custody  of  said  park; to employ all necessary workmen, assistants and
    10  contractors, and to prescribe their duties and fix  their  compensation;
    11  to seize and impound all cattle and other animals found roaming at large
    12  in  said  park;  to  make reasonable rules and ordinances for the use of
    13  said park not inconsistent with the ordinances of the  village  of  Rye.
    14  All  persons offending against such ordinances shall be deemed guilty of
    15  a misdemeanor and shall be punished on conviction before  any  court  of
    16  competent  jurisdiction in the town of Rye by a fine not exceeding fifty
    17  dollars, or by imprisonment not exceeding thirty days, or both,  at  the
    18  discretion of the court. Said commissioners are authorized and empowered
    19  to  bring  an  action in the name of the town to recover damages for the
    20  breach of any agreement relating to or growing out of the management  or
    21  improvement  of the park, or damages for injuries to any of the property
    22  appertaining  to  the  park.  Said  commissioners  are  authorized   and
    23  empowered  to let to any person or persons or corporation for any period

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10705-04-7
        S. 6474                             2
 
     1  of time not exceeding three [or seven years in the  case  of  agreements
     2  executed before May 1, 2000 if approved with the support of the supervi-
     3  sor  of  the  town  of  Rye and the mayor of the city of Rye] years, and
     4  under  such rules and regulations as shall be made by said commissioners
     5  of parks, the privilege of maintaining and offering boats  for  hire  at
     6  said  park; the privilege of maintaining bath houses and bathing facili-
     7  ties for hire at said park, and the privilege of  maintaining  a  public
     8  restaurant  at  said  park;  the  privilege of selling ice cream at said
     9  park; the privilege of selling candy at said  park;  [the  privilege  of
    10  selling  cigars  and  cigarettes at said park;] the privilege of selling
    11  soda water at said park; the privilege of selling beer at said park; the
    12  privilege of selling wine or liquor at said park; the privilege of sell-
    13  ing post cards and souvenirs at said park, and the privilege of  parking
    14  automobiles and vehicles at said park, or any or all of said privileges.
    15  [In  the case of seven year agreements executed before May 1, 2000, said
    16  commissioners are authorized and empowered to extend such agreements for
    17  any period of time not exceeding an additional ten years if such  exten-
    18  sion  is  executed  before  December  31,  2002 and is approved with the
    19  support of the supervisor of the town of Rye and the mayor of  the  city
    20  of  Rye.]  Said commissioners are authorized and empowered to let to any
    21  person or persons or corporation for any period of  time  not  exceeding
    22  twenty  years  for  the  privilege of maintaining a public restaurant at
    23  said park; the privilege of selling ice cream at said park;  the  privi-
    24  lege  of selling candy at said park; the privilege of selling soda water
    25  at said park; the privilege of selling beer at said park; the  privilege
    26  of  selling  wine  or  liquor at said park if such agreement is executed
    27  prior to December thirty-first, two thousand eighteen  and  is  approved
    28  with  the  support of the supervisor of the town of Rye and the mayor of
    29  the city of Rye. Copies of proposed leases or contracts  extending  such
    30  privileges  shall  be  provided to the town board of the town of Rye and
    31  the city council of the city of Rye for their comment at least one month
    32  in advance of determination by the commissioners, the supervisor of  the
    33  town  of  Rye  and  the  mayor of the city of Rye. Said commissioners of
    34  parks shall have no power to lease any portion  of  said  park  for  any
    35  other  purpose  than  as  above provided. Whenever said commissioners of
    36  parks shall determine to let any or all of said privileges,  they  shall
    37  cause any or all of said privileges to be sold by advertising as herein-
    38  after  provided  for sealed bids in accordance with such terms and spec-
    39  ifications as the said commissioners  of  parks  may  determine,  or  at
    40  public  auction to the highest responsible bidder, who in the discretion
    41  of the park commissioners is deemed to  be  to  the  best  interest  and
    42  advantage  of the town park and its management, such determination shall
    43  be made by a resolution passed by a majority  of  the  commissioners  of
    44  parks at a meeting, after notice calling for sealed bids for said privi-
    45  leges  under  such terms and specifications as the said commissioners of
    46  parks shall determine, or of such public auction, shall have been adver-
    47  tised in all the newspapers of said town of Rye at least once a week for
    48  two weeks successively. Said commissioners of parks shall have the power
    49  to reject any or all of the sealed bids, or bids at such public auction.
    50  The person or persons or corporation to whom the privilege or privileges
    51  shall be sold and awarded shall furnish a bond in such  sum  as  may  be
    52  determined,  and  with  such sureties as may be approved by said commis-
    53  sioners of parks. Said commissioners of parks shall not have  the  power
    54  to  lease said privileges so as to exclude the people of the town of Rye
    55  from a full and free enjoyment of the waters of Long Island sound  adja-
    56  cent  to said park, and of the right to embark and disembark to and from
        S. 6474                             3
 
     1  the said park from boats and yachts. No liquors, beer, wine  or  intoxi-
     2  cants  of  any  kind  whatsoever shall be allowed or sold in any part of
     3  said park except under license agreement with the Rye Town Park  commis-
     4  sion.    The  town  board of the town of Rye and the city council of the
     5  city of Rye each shall have the authority to suspend or revoke  the  use
     6  of  wine  or liquor at Rye Town Park on an annual basis.  This authority
     7  can be exercised through the passage of a resolution by either municipal
     8  government. Suspension or revocation can be rescinded by  passage  of  a
     9  resolution by the same municipal government. Said commissioners of parks
    10  shall  have  the  power by a resolution passed by a majority of the park
    11  commissioners to operate and conduct any or all of said privileges under
    12  their own supervision and  direction,  to  employ  a  manager  for  that
    13  purpose,  and  contract,  hire, and employ labor and assistants for that
    14  purpose and purchase provisions, supplies,  goods,  wares,  merchandise,
    15  fixtures  and  bathing  equipment  to  be sold, hired and used under the
    16  privileges hereinbefore enumerated from time to time for  that  purpose.
    17  The  said commissioners of parks may determine by a resolution passed by
    18  a majority of the commissioners of parks at a  meeting  to  operate  and
    19  conduct  any  or all of the said privileges, for the benefit of the town
    20  of Rye, under their own supervision and direction and the  said  commis-
    21  sioners  of  parks  are  hereby empowered and authorized to use whatever
    22  funds are in the hands of the commissioners of parks  for  that  purpose
    23  and  if  such funds are insufficient the said commissioners of parks may
    24  raise by taxation a sum not exceeding twenty-five thousand  dollars  for
    25  that  purpose,  in  any year. The principal of and interest on any obli-
    26  gations of the town of Rye issued for any of the purposes  of  this  act
    27  shall  be  levied  and  collected  in the manner required by law and the
    28  board of supervisors of the county of Westchester, upon request  of  the
    29  town  board  of  the  town of Rye, shall levy and assess the said sum of
    30  money upon the taxable property of the town of Rye. The trustees of  the
    31  village  of  Rye  shall provide a sufficient number of policemen for the
    32  proper policing of and for the enforcement of all  laws  and  ordinances
    33  applicable to the said park and the maintenance of order therein and the
    34  reasonable  cost  thereof and therefor, approved by the said commission-
    35  ers, shall be paid by the supervisor, in the same manner as  other  park
    36  charges, to the treasurer of the village of Rye.
    37    §  9.  The income from whatever leases may be made by the said commis-
    38  sioners, and from the sale of any or all  of  said  privileges  in  said
    39  park, or the income derived from the conduct and operation of any or all
    40  of  said  privileges  enumerated in section eight of this act, under the
    41  supervision and direction of the park commissioners for the  benefit  of
    42  the  town of Rye shall be paid to the supervisor of the said town of Rye
    43  by the said commissioners of parks, and shall be applied by said  super-
    44  visor  as  follows: to the proper care, expenses of maintenance, repairs
    45  and improvements of said lands and  premises,  and  for  the  operation,
    46  maintenance and conduct of said privileges by the commissioners of parks
    47  and the balance of said revenue, if any, to the payment of the principal
    48  of and interest on the obligations of said town, issued for the purposes
    49  of  this act[, and the balance, if any, shall be applied to general town
    50  purposes]. All payments shall be  made  upon  vouchers  certified  by  a
    51  majority  of  said commissioners of parks. The supervisor of the town of
    52  Rye shall be the treasurer of said commissioners  of  parks,  and  shall
    53  execute  and  deliver yearly a bond to the town of Rye in such an amount
    54  and with such sureties as may be approved by the town board of  Rye.  If
    55  the expense of maintaining the park, the operation and conduct of any or
    56  all  of  said  privileges enumerated in section eight of this act by the
        S. 6474                             4
 
     1  commissioners of parks for the benefit of  the  town  of  Rye,  and  the
     2  amount of the principal of an interest on any obligations issued for the
     3  purposes  of  this  act,  shall  in  any  year exceed the amount of said
     4  income,  the town board shall raise annually, by tax to be assessed upon
     5  the taxable property in said town of Rye, at the same time  and  in  the
     6  same  manner  that general taxes are raised therein, a sufficient sum to
     7  meet such excess; and if the amount of income shall  exceed  the  amount
     8  required  for  such  maintenance, principal of and interest on any obli-
     9  gations, the town board [may apply such excess to the  general  purposes
    10  of the town] shall apply such excess to repairs and improvements in said
    11  park. The commissioners of parks shall have power, from time to time, to
    12  construct  buildings  or  other improvements in said park which they may
    13  deem expedient and necessary, and all such sums of  money  as  shall  be
    14  necessary,  not  exceeding  one-tenth of one per centum per annum of the
    15  assessed valuation of said town as shown by the assessment roll  of  the
    16  preceding  year,  to  pay  therefor shall be levied and collected in the
    17  manner required by law, and the board of supervisors of  the  county  of
    18  Westchester,  upon  request  by  the town board of the said town of Rye,
    19  shall levy and assess the said sum of money upon the taxable property of
    20  the town of Rye. Said commissioner of parks  shall  hold  public  stated
    21  meetings  at  least once a month between April first and November first,
    22  in each year. Nothing contained in this or any  other  section  of  this
    23  chapter shall be construed to prevent the financing in whole or in part,
    24  pursuant  to the local finance law, of expenditures for the construction
    25  of buildings or other improvements which the commissioner of parks  deem
    26  expedient  or  necessary,  and such expenditures may be financed in such
    27  manner whether or not the amount thereof is less than one-tenth  of  one
    28  per centum of such assessed valuation.
    29    § 2. This act shall take effect immediately.