[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 4-17-2001 by L.L. No. 8-2001, effective 4-20-2001. Amendments
noted where applicable.]
The Town Board recognizes the need for restoration
and creation of active parks within the Town of Brookhaven as it is
an important component in the lives of all of the residents of the
Town. Parks give all of the residents the ability to have fields and
areas where they can have recreation in natural settings. The establishment
of a capital reserve fund for the planning, designing, construction
and acquisition of parkland will allow the Town of Brookhaven to accomplish
its goals in a fiscally sound and prudent manner.
This chapter is established pursuant to New
York State General Municipal Law § 6-c, New York State Town
Law, New York State Municipal Home Rule Law, and the New York State
Statute of Local Governments.
The Town Board of the Town of Brookhaven hereby
establishes a "Brookhaven Active Parkland Capital Reserve Fund" pursuant
to New York State General Municipal Law § 6, the purpose
of which fund shall be to provide funds to pay any costs associated
with the construction, acquisition, rehabilitation and maintenance
of active parks, including, as and where necessary, design, planning
and acquisition of lands, in addition to any construction costs.
The Brookhaven Active Parkland Capital Reserve
Fund shall be funded from monies as may be provided therefor by budgetary
appropriation or by such other means as the Town Board, by resolution,
may deem appropriate.
A.Â
The Brookhaven Town Supervisor, as Chief Fiscal Officer,
is hereby directed to deposit, invest and secure the monies of this
capital reserve fund in the manner provided by General Municipal Law
§§ 10 and 11. Any interest earned or capital gains
realized on the monies so deposited or invested shall accrue to and
become part of this capital reserve fund.
B.Â
This capital reserve fund may be combined in a bank
account with other funds, provided that the separate identity of this
capital reserve fund shall be maintained and this fund shall be accounted
for separately from all other funds.
C.Â
No expenditure shall be made from the Brookhaven Active
Parkland Capital Reserve Fund except upon authorization of the Town
Board by resolution, subject to permissive referendum, pursuant to
New York State General Municipal Law § 6.
If any clause, sentence, paragraph or section
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not impair or invalidate the remainder
hereof, but such adjudication shall be confined in its operation to
the clause, sentence, paragraph or section directly involved in the
controversy in which judgment shall have been rendered.
This chapter shall become effective immediately
upon filing with the Secretary of State of the State of New York.
