YEAR
|
CHAPTER
|
SUBJECT MATTER
|
---|
1826
|
73
|
Creation of Town of Fallsburgh
|
1829
|
359
|
Division Line between Towns of Fallsburgh and
Neversink clarified
|
1838
|
134
|
Fallsburgh Turnpike Company incorporated
|
1845
|
173
|
Fallsburgh and Liberty Turnpike Road Company
incorporated
|
1846
|
217
|
Fallsburgh and Liberty Turnpike Road Company
charter amended
|
1848
|
323
|
Fallsburgh and Liberty Turnpike Road Company
charter amended
|
1849
|
336
|
Fallsburgh and Liberty Turnpike Road Company
charter amended
|
1854
|
70
|
Extension of time to collect Town taxes
|
1856
|
160
|
Authorization of commissioners of highways to
assess highway labor on the Fallsburgh and Liberty Turnpike Road
|
1878
|
298
|
Lands in Town released to Jane Barry
|
1881
|
495
|
Abolition of office of railroad commissioner,
etc.
|
1888
|
253
|
Time to collect taxes extended
|
1901
|
356
|
Issue of bonds to retire outstanding debts authorized
|
1905
|
40
|
Authorization of Town to acquire plank and turnpike
roads
|
1906
|
315
|
Authorization of Town to acquire toll plank
roads and turnpikes
|
1908
|
397
|
Railroad bonds, payment of interest
|
1917
|
67
|
Certificates of indebtedness for bridge &
highway purposes legalized
|
1920
|
342
|
Unpaid taxes in 1916-1918, reassessment and
collection
|
1925
|
84
|
Unpaid taxes, 1920-1922, reassessment and collection
|
1933
|
737
|
Assessment of state lands for school purposes
|
1936
|
794
|
Authorizing payment of claims, 1933 to 1935
|
1942
|
388
|
Bond issue authorized for judgments, claims,
fees, etc. for S. Fallsburgh Water District
|
1948
|
725
|
Highway claims, audit and payment authorized
|
1952
|
696
|
Park district, golf course, establish
|
1953
|
819
|
Mountaindale fire district authorized to borrow
money because of failure to levy taxes for 1953
|
1953
|
656
|
Expediting establishment of the Fallsburg public
parking district
|
1954
|
595
|
Sale of lands to Town for Woodbourne sewer district
authorized
|
1954
|
657
|
Highway construction claims, payment, etc.,
authorized
|
1956
|
335
|
Public parking district
|
1956
|
790
|
Conveyance of state lands for use as public
parking facility
|
1958
|
802
|
Acquisition of land for park district
|
1958
|
834
|
Payment of certain claims, financing, etc.
|
1958
|
840
|
Fallsburgh public parking district, improvement
of buildings
|
1958
|
959
|
Penalty payments for neglect to pay county or
Town taxes; added to RPTL § 1510
|
1960
|
403
|
Central School Dist. #1, appropriation by state
to pay certain monies
|
1960
|
842
|
Police Department, authority for establishment,
amds Town L § 150(1)
|
1964
|
858
|
Town authorized to convey land to Sullivan County
for Sullivan County community college
|
1966
|
797
|
Fallsburgh Urban Renewal Agency [Adds Gen Mun
L § 624]
|
1966
|
995
|
Fallsburgh Housing Authority [Adds Pub1 Housing
L § 492]
|
1968
|
798
|
Name of Town of Fallsburgh changed to Town of
Fallsburg
|
1972
|
792
|
Position of Town Manager created
|
1974
|
165
|
Real Property Tax Law amended in relation to
penalty tax payments (§ 1508 amended; § 1510 repealed)
|
1978
|
179
|
Creation of Fallsburg Industrial Development Agency [adding
General Municipal Law § 925-e]
|
1994
|
382
|
Membership of certain police officers in retirement system
|
1995
|
258
|
Authorizing the dissolution of the Fallsburg Park District
|
2004
|
198
|
Authorizing the Town to discontinue the use of certain lands
as park lands
|
[Passed 3-9-1826]
An Act to Erect a New Town from Parts
of the Towns of Thompson and Nevisink, in the County of Sullivan.
1. Be it enacted by the People of the State of New York, represented
in Senate and Assembly, That from and after the passage of this act,
all those parts of the towns of Thompson and Nevisink, in the county
of Sullivan, comprehended within the following boundaries, that is
to say: Beginning at the north east corner of the said Town of Thompson,
on the line of Ulster county, and running thence southwardly, along
the west line of the Town of Mamakating, to the southwardly boundary
line of great lot number one, in the Hardenburgh patent; thence westwardly
along the said southwardly line of the said great lot number one,
to the middle of the Nevisink river; thence northwardly along the
middle of the said river, to the south line of division number nineteen
of said great lot number one; thence westwardly along said south line
of the said division, to the south west corner thereof; thence northwardly
along the west bounds of divisions numbers nineteen, twenty, twenty-one,
twenty-two and twenty-three, to the south line of great lot number
two in the patent aforesaid; thence westwardly along the aforesaid
south line, to the southwestwardly corner of division number three
in said great lot number two; thence northwardly along the west line
of said division number three to the line of the Town of Liberty;
thence along the present boundary lines of the towns of Thompson,
Liberty and Nevisink, to the northwest corner of division number three
in the third allotment of great lot number three in the patent aforesaid;
thence eastwardly along the north line of said division number three
to the west bounds of the farm of Thomas Hardenburgh; thence along
the northwardly and westwardly bounds of the said farm, to the north
line of great lot number three above mentioned; thence eastwardly
along said north line, to the boundary line of Ulster county; thence
southwardly and eastwardly along said boundary line, to the place
of beginning, shall be, and is hereby declared and constituted a separate
Town by the name of Fallsburgh; and that the first Town-meeting to
be held in and for the said Town, shall be held at the school house
near the Nevisink falls, on the first Tuesday of April next, and that
the annual Town-meetings of the said Town shall be held on the first
Tuesday of March in each and every year thereafter.
2. And be it further enacted, That all that part of the said
Town of Thompson, not comprehended within the boundaries herein before
mentioned, shall be and continue a separate Town, by the name of Thompson;
and all that part of the said Town of Nevisink, not comprehended within
the said boundaries, shall be and remain a separate Town by the name
of Nevisink.
3. And be it further enacted, That as soon as may be after the
first Town-meeting shall have been held in the said Town of Fallsburgh,
and upon ten days notice being given, the supervisors and overseers
of the poor of the said towns of Thompson, Nevisink and Fallsburgh,
shall meet together at the place of holding the Town-meeting in the
said Town of Fallsburgh, and shall divide the money and poor belonging
to the said towns of Thompson, Nevisink and Fallsburgh in proportion
to the last tax list, as the same shall have been assessed upon the
inhabitants living within the boundaries of the said towns respectively.
4. And be it further enacted, That the justice or justices of
the peace appointed or to be appointed according to law, and residing
within the limits of the said Town of Fallsburgh, shall be justices
of the peace of the said Town, in the same manner as if they had been
specially appointed for the said Town.
[Passed May 4, 1829]
An Act Relative to the Division line Between
the Towns of Fallsburgh and Neversink, in the County of Sullivan.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
§ 1. The extent and limits of the Town of Fallsburgh,
in the county of Sullivan, and the division line between said Town
and the Town of Neversink, shall continue to be as heretofore established
by the act entitled "An act to erect a new Town from parts of the
towns of Thompson and Neversink, in the county of Sullivan," passed
March 9th, 1826, that is to say: The said division line shall commence
at the northwest corner of division number three, in the third allotment
of great lot number three in the Hardenburgh patent, and shall run
thence easterly along the north line of said division number three,
to the west bounds of the farm now or late of Thomas Hardenburgh;
thence along the northerly and westerly bounds of said farm, to the
north line of great lot number three, in the aforesaid patent; then
easterly along said north line to the boundary line of the county
of Ulster; and so much of the second Chapter of the First Part of
the Revised Statutes as is repugnant hereto, shall be and the same
is hereby repealed.
[Passed 3-9-1905; repealed by L. 1906, c.
315]
An Act to Authorize the Towns of Bethel,
Thompson, Fallsburgh, Neversink, Liberty and Mamakating in Sullivan
County, to Acquire by Purchase or Condemnation, the Rights, Franchises
and Property of any Individual or Corporation Lawfully Entitled to
Exact a Toll or Charge for Walking, Riding or Driving Over any Plank
Road or Turnpike within Said Towns, and to Provide Means for the Payment
of the Same.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. The towns of Bethel, Thompson,
Fallsburgh, Neversink, Liberty and Mamakating, in the county of Sullivan,
may, in the manner hereinafter provided, determine to acquire the
rights, franchises and property of any individual or corporation,
lawfully entitled to exact a toll or charge for walking, riding or
driving over any plank road or turnpike, within said towns.
§ 2. Upon the petition of twenty of
the resident taxpayers, whose names appear as such upon the last preceding
assessment roll, filed with the Town Clerk thirty days preceding any
biennial Town meeting hereafter to be held in said towns, or either
of them, the Town Clerk shall prepare and submit to the electors thereof
at the next biennial Town meeting, in the manner now provided by law,
a resolution upon the question of whether such Town shall acquire
by purchase or condemnation, the rights, franchises and property of
any individual or corporation, lawfully entitled to exact a toll or
charge for walking, riding or driving over any plank road or turnpike
wholly within such Town, or wholly within two or more towns all of
which determine to acquire the franchises and property of such individual
or corporation therein, in pursuance of this act. If the franchises
and property of any individual or corporation are not wholly within
one Town, the proceedings for the acquisition thereof within any Town
shall be void, unless all of the towns within which such franchises
and property are located adopt a resolution pursuant to this act.
Such resolution shall specify the maximum amount to be expended by
the Town in the acquisition of such franchises and property, and whether
the proportion of the expense thereof payable by the Town is to be
met by one annual payment, or by the issue of bonds as hereinafter
authorized, and if by the issue of bonds, the term of such bonds,
and whether the same are to be paid by the Town in one year, or by
annual installments to be specified in the resolution.
§ 3. If said resolution shall be adopted
by a majority vote, the Town board of such Town is authorized to and
shall acquire such rights, franchises and property within such Town
by purchase, if able to agree with the owners, and otherwise by condemnation,
in the name of the Town.
§ 4. Any turnpike or plank road corporation
may, by the affirmative vote of stockholders owning a majority of
the stock thereof, expressed in writing, or at a special meeting of
the stockholders of such corporation held upon written notice of at
least ten days to all the stockholders thereof, authorize the board
of directors or trustees, to dispose of the rights, franchises and
property of such corporation within said towns, or either of them,
pursuant to this act, for a specified sum; and thereupon the board
of directors or trustees of such corporation may convey and sell such
rights, franchises and property to the said towns, or either of them,
accordingly.
§ 5. The Town board of said towns
are hereby authorized to borrow money for the purpose of paying for
such rights, franchises and property, and may issue bonds in the manner
provided by law, or other evidence of indebtedness of the Town therefor,
but such bonds or other evidence of indebtedness shall not bear a
rate of interest exceeding five per centum and shall not run for a
longer period than twenty years, and shall not be sold for less than
par.
§ 6. All turnpikes and plank roads
acquired by said towns, or either of them, under the provisions of
this act, shall be opened and maintained as free public highways,
and shall become and be a part of the highway system of such Town.
§ 7. Upon the acquisition by said
towns, or either of them, of any plank road or turnpike under the
provisions of this act, the Town board shall certify the cost thereof
to the board of supervisors of Sullivan county and thereupon said
board of supervisors are authorized and directed, to levy upon the
taxable property in said county, in the same manner as other county
charges are levied and collected, one-sixth of the cost thereof and
pay the same, when collected, to the supervisor of such Town or towns
to be applied by him in the payment of the principal and interest
on the indebtedness issued to pay for the same.
§ 8. This act shall take effect immediately.
[Became a law, March 9, 1905, with the approval
of the Governor. Passed, three-fifths being present.]
[Passed 4-24-1906]
An Act to Authorize the Towns of Bethel,
Thompson, Fallsburgh, Neversink, and Mamakating, in Sullivan County,
to Acquire by Purchase or Condemnation, the Rights, franchises and
Property of any Individual or Corporation Lawfully Entitled to Exact
a Toll or Charge for Walking, Riding or Driving over any Plank Road
or Turnpike within Said Towns, and to Provide Means for the Payment
of the Same, and Repealing Chapter 40 of the Laws of 1905 Relating
Thereto.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. The towns of Bethel, Thompson,
Fallsburgh, Neversink, and Mamakating, in the county of Sullivan,
may, in the manner hereinafter provided, severally determine to acquire
the rights, franchises and property, within the Town so deciding,
of any individual or corporation, lawfully entitled to exact a toll
or charge for walking, riding or driving over any plank road or turnpike
within said towns or either of them.
§ 2. Upon the petition of twenty of
the resident taxpayers, whose names appear as such upon the last preceding
assessment roll, filed with the Town Clerk thirty days preceding any
biennial Town meeting, or filed at any time after a biennial Town
meeting and not later than four months prior to the next biennial
meeting in case the petition prays for the calling of a special Town
meeting, hereafter to be held in said towns, or either of them, the
Town Clerk shall prepare and submit to the electors thereof at the
next biennial Town meeting, or a special Town meeting to be called
for the purpose, in the manner now provided by law, a resolution upon
the question of whether such Town shall acquire by purchase or condemnation,
the rights, franchises and property within such Town of any individual
or corporation, lawfully entitled to exact a toll or charge for walking,
riding or driving over any plank road or turnpike wholly within such
Town, or wholly within two or more of such towns in pursuance of this
act. Such resolution shall specify the maximum amount to be expended
by the Town in the acquisition of such franchises and property, and
whether the expense thereof is to be met by one annual payment, or
by the issue of bonds as hereinafter authorized, and if by the issue
of bonds, the term of such bonds, and whether the same are to be paid
by the Town in one year, or by annual instalments to be specified
in the resolution.
§ 3. If said resolution shall be adopted
by a majority vote, the Town board of such Town is authorized to and
shall acquire such rights, franchises and property within such Town
by purchase, if able to agree with the owners, and otherwise by condemnation,
in the name of the Town.
§ 4. Any turnpike or plank road corporation
may, by the affirmative vote of stockholders owning a majority of
the stock thereof, expressed in writing, or at a special meeting of
the stockholders of such corporation held upon written notice of at
least ten days to all the stockholders thereof, authorize the board
of directors or trustees, to dispose of the rights, franchises and
property of such corporation within said towns, or either of them,
pursuant to this act, for a specified sum; and thereupon the board
of directors or trustees of such corporation may convey and sell such
rights, franchises and property to the said towns, or such rights,
franchises and property within any single Town to such Town, accordingly.
§ 5. The Town board of said towns
are hereby severally authorized to borrow money for the purpose of
paying for such rights, franchises and property, and may issue bonds
in the manner provided by law, or other evidence of indebtedness of
the Town therefor, but such bonds or other evidence of indebtedness
shall not bear a rate of interest exceeding five per centum and shall
not run for a longer period than twenty years, and shall not be sold
for less than par.
§ 6. All turnpikes and plank roads
acquired by said towns, or either of them, under the provisions of
this act, shall be opened and maintained as free public highways,
and shall become and be a part of the highway system of each Town
in which any plank road or turnpike or portion thereof so acquired
is situated.
§ 7. Upon the acquisition by said
towns, or either of them, of any plank road or turnpike under the
provisions of this act, the Town board shall certify the cost thereof
to the board of supervisors of Sullivan county and thereupon said
board of supervisors are authorized and directed, to levy upon the
taxable property in said county, in the same manner as other county
charges are levied and collected, one-sixth of the cost thereof and
pay the same, when collected, to the supervisor of such Town or towns
to be applied by him in the payment of the principal and interest
on the indebtedness issued to pay for the same.
§ 8. Chapter forty of the laws of
nineteen hundred and five is hereby repealed.
§ 9. This act shall take effect immediately.
[Became a law, April 24, 1906, with the approval
of the Governor. Passed, three-fifths being present.]
[Passed 4-15-1952]
An Act Authorizing the Town of Fallsburgh,
Sullivan County, New York, to Create a Park District in Said Town,
in the Manner Provided by the Provisions of the Town Law, for the
Purpose of Constructing, Maintaining and Operating a Public Golf Course
and Facilities, Authorizing the Charging of Fees for the Use of Such
Facilities, and Providing for Other Matters in Connection Therewith.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. The Town board of the Town of
Fallsburgh is hereby authorized to create a park district in such
Town, outside of any incorporated village or city, the area of which
such park district shall be less than the territorial limits of such
Town, for the purpose of constructing, maintaining and operating within
such park district a public golf course, a golf house and incidental
facilities, including the acquisition of necessary land and rights
of land. Such park district shall only be created in the manner provided
by and pursuant to the provisions of article twelve of the Town law.
When so created, it shall be deemed to be a park district created
pursuant to the provisions of article twelve of the Town law and,
except as herein provided by this chapter, the Town board, as the
governing agency thereof, shall have all the powers and duties and
shall be subject to the same limitations and conditions as are accorded
to a Town board acting as the governing agency of a park district
pursuant to said article twelve of the Town law. Nothing contained
in this chapter shall be deemed to avoid or eliminate any of the requirements
or procedure contained in said article twelve of the Town law relating
to the creation of a park district.
§ 2. Notwithstanding the provisions
of subdivision four of section one hundred ninety-eight of the Town
law relating to the charges which may be imposed for the use of park
facilities, the Town board of the Town of Fallsburgh, New York, after
such park district shall have been established, may fix from time
to time a schedule of charges for the use of such park facilities
by all users, which schedule of charges may distinguish between different
classes of users and may provide different charges for any or all
of such classes as follows: (a) inhabitants who are taxpayers of the
park district; (b) inhabitants who are not taxpayers of the park district;
(c) non-residents of the park district who occupy for hire by the
day, week, month or summer season, lodging facilities located in the
park district; and (d) all other non-residents of the park district.
§ 3. This act shall take effect immediately.
[Became a law April 14, 1952, with the approval
of the Governor. Passed, by a majority vote, three-fifths being present]
[Passed 4-13-1953]
An Act to Authorize the Town Board of
the Town of Fallsburg, Sullivan County, New York, to Expedite the
Establishment of the Fallsburg Public Parking District in Said Town
by Calling a Public Hearing for the Purpose of Making More Specific
the Territorial Boundaries of Said Proposed Fallsburg Parking District
and by Fixing Definitely the Boundaries of the Real Property to be
Acquired as a Parking Field, and Further Providing That After Such
Public Hearing the Town Board may Proceed with the Establishment of
Such Proposed Parking District in the Manner Provided by the Town
Law.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. The Town board of the Town of
Fallsburg is authorized to adopt a resolution calling a public hearing
for the purpose of making more specific the boundaries of the proposed
district and to fix definitely the boundaries of the real property
to be acquired as a parking area or field in such proposed parking
district, provided, however, that the territorial boundaries of such
district shall embrace substantially the same area as provided by
the description of such proposed district contained in the written
petition dated August nineteen, nineteen hundred fifty-two, requesting
the creation of such public parking district. The Town board shall
fix a date and place for such public hearing, shall publish a notice
thereof at least once in the official newspaper of said Town, the
first publication thereof to be not less than ten nor more than twenty
days before the day set therein for the hearing as aforesaid, and
shall also cause copies thereof to be posted conspicuously in five
public places within the proposed district not less than ten nor more
than twenty days before the day designated for the hearing as aforesaid.
Such notice of hearing shall recite that a petition, dated on or about
August nineteen, nineteen hundred fifty-two, for the establishment
of the Fallsburg parking district was filed with said Town board,
and that thereafter said Town board held a public hearing in the manner
required by the Town law on the question of the establishment of such
district; that said petition contained a general description of the
boundaries of the proposed district which was not a metes and bounds
description and that said petition did not describe the real property
to be acquired as a parking area. Such notice of hearing shall further
recite that the purpose of the proposed hearing is to fix such boundaries
of the proposed district more specifically by a metes and bounds description
and to describe the real property to be acquired as a parking area.
Such notice shall set forth the proposed metes and bounds description
of the boundaries of the proposed district and shall describe the
real property proposed to be acquired for use as a parking area or
parking field, and shall set forth the maximum amount proposed to
be expended in the creation of said public parking district and the
construction of said improvement as twenty thousand dollars. After
such Town board shall have met and heard all persons interested in
the subject thereof at such public hearing, said Town board may adopt
an order pursuant to the provisions of section one hundred ninety-four
of the Town law and for such purpose the petition heretofore filed
shall be deemed to be amended nune pro tune to include the description
of the boundaries of such proposed district and the description of
the property proposed to be acquired as a parking area or field as
set forth in such notice of hearing to all effects and purposes as
if said descriptions had been included in such original petition.
After the adoption of such order pursuant to the provisions of section
one hundred ninety-four of the Town law, said Town may proceed with
the creation of said public parking district in accordance with the
provisions of the Town law.
§ 2. This act shall take effect immediately.
[Became a law April 13, 1953, with the approval
of the Governor. Passed, by a majority vote, three-fifths being present]
[Passed 4-9-1954]
An Act Authorizing the Board of Commissioners
of the Land Office to Sell and Convey Certain Lands of, and Easements
in Other Lands of, Woodbourne Correctional Institution in the County
of Sullivan, to the Town Board of the Town of Fallsburgh, for and
on Behalf of Woodbourne Sewer District.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. For the purpose of promoting
the public health of the inhabitants of the area to be affected and
the objects and purposes of the Woodbourne sewer district in the Town
of Fallsburgh, county of Sullivan and state of New York, the board
of commissioners of the land office, upon written consent of the state
commissioner of correction, is hereby authorized and empowered to
sell and convey to the Town board of the Town of Fallsburgh, county
of Sullivan and state of New York, for and on behalf of Woodbourne
sewer district, the land and easements hereinafter described, upon
such terms and conditions including consideration as the board of
commissioners of the land office may fix and determine.
§ 2. The land and easements referred
to in the preceding section of this act are the following:
(1)
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The fee title to:
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Parcel No. 1: All that piece or parcel of land
situate, lying and being in the Town of Fallsburgh, county of Sullivan,
state of New York, being a part of the lands of Woodbourne correctional
institution, bounded and described as follows:
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Beginning at a corner post set on the easterly
boundary of the Monticello-Woodbourne, Part 2 Federal Aid Highway
No. 8171, said post being S. 04° 10' 40" W. 244.84 feet distant
from the southwest corner of the stone barn on the lands of Woodbourne
correctional institution, said corner post also being S. 14° 09'
30" E. 14.08 feet distant from the northeast corner of a culvert headwall
on said highway; thence S. 83° 52' E. 338.10 feet to a concrete
monument; thence S. 06° 04' 10" E. 331.00 feet to a concrete monument;
thence S. 83° 55' 50" W. 225.00 feet to a concrete monument; thence
S. 68° 34' 20" W. 49.43 feet to a fence post set on the easterly
boundary of said highway; thence northerly along the last mentioned
highway boundary 423± feet to the point of beginning; being
2.87 acres more or less.
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(2)
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Easements for the purpose of constructing, reconstructing
and maintaining thereon inlet and/or outlet sewers beneath the surface
of the ground of the following described pieces or parcels of land
situate in the Town of Fallsburgh, county of Sullivan, state of New
York and being a part of the lands of Woodbourne correctional institution:
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ROW Parcel No. 1: Commencing at a concrete monument
set on the Southeasterly corner of the above described fee Parcel
No. 1; thence S. 83° 55' 50" W. along the southerly boundary of
said parcel 94.92 feet to the point of beginning; thence from the
point of beginning S. 16° 34' 50" E. 1129.82 feet to a point;
thence S. 72° 13' 10" W. 43.19 feet to a point on the westerly
boundary of the land of Woodbourne correctional institution; thence
N. 23° 00' W. along the last mentioned boundary 10.03 feet to
a point; thence N. 72° 13' 10" E. 34.30 feet to a point; thence
N. 16° 34' 50" W. 1122.06 feet to a point on the southerly boundary
of the above described fee Parcel N. 1; thence easterly along the
last mentioned boundary 10.17 feet to the point of beginning.
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ROW Parcel No. 2A: Commencing at a concrete
monument set on the Northwesterly corner of the above described fee
Parcel No. 1; thence S. 83° 52' E. along the northerly boundary
of said parcel 282.70 feet to the point of beginning; thence from
the point of beginning N. 29° 53' 20" E. 1140.49 feet to a point
on the northerly boundary of the lands of the Woodbourne correctional
institution; thence S. 89° 58' E. along the last mentioned boundary
457.87 feet to a point on the westerly boundary of the above mentioned
lands; thence S. 89° 58' E. 87.13 feet to a point on the westerly
edge of the Neversink river; thence southerly along the westerly edge
of said river 10.00 feet to a point; thence N. 89° 58' W. 538.00
± feet to a point; thence S. 29° 53' 20" W. 1130.31 feet
to a point on the northerly boundary of the above described fee Parcel
No. 1; thence N. 83° 52' W. along the last mentioned boundary
10.93 feet to the point of beginning.
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ROW Parcel No. 2B: Commencing at a point on
the westerly edge of the Neversink river at the northeast corner of
the above described ROW Parcel No. 2A; thence S. 89° 58' E. 124.00
feet to a point on the easterly edge of said river, being the point
of beginning; thence S. 89° 58' E. 47.87 feet to a point; thence
N. 72° 29' E. 157.00 feet to a point on the westerly boundary
of Riverside Drive; thence S. 15° 24' 20" E. along the last mentioned
boundary 10.01 feet to a point; thence S. 72° 59' W. 158.17 feet
to a point; thence S. 89° 58' W. 50.62 feet to a point on the
easterly edge of the Neversink river; thence northerly along the last
mentioned edge of said river 10.00 feet to the point of beginning.
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ROW Parcel No. 3: Commencing at a concrete monument
set on the northeasterly corner of the above mentioned fee Parcel
No. 1; thence S. 06° 04' 10" E. along the easterly boundary of
said parcel 237.00 feet to the point of beginning; thence from the
point of beginning N. 83° 55' 50" E. 1050.00 feet to a point on
the westerly edge of the Neversink river; thence southerly along the
last mentioned edge of river 10.77 feet to a point; thence S. 83°
55' 50" W. 1054.00 feet to a point on the easterly boundary of the
above described fee Parcel No. 1; thence N. 06° 04' 10" W. along
the last mentioned boundary 10.00 feet to the point of beginning.
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All bearings referred to magnetic north as magnetic
needle pointed 1932, A. D.
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§ 3. The conveyance of the land and
easements herein authorized shall be approved as to form and manner
of execution by the attorney general, and the same shall not be effective
unless so approved by him.
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§ 4. This act shall take effect immediately.
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[Became a law April 9, 1954, with the approval
of the Governor. Effective April 9, 1954.]
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[Passed 4-4-1956]
An Act to Authorize the Town Board of
Fallsburgh, Sullivan County, New York, to Acquire and Improve Additional
Property for the Fallsburgh Public Parking District in Such Town.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. Whenever the Town board of the
Town of Fallsburgh, Sullivan county, New York, shall determine it
necessary to acquire and improve additional property for the purposes
of the Fallsburgh public parking district in such Town, such Town
board shall adopt a resolution and enter the same in the minutes of
its proceedings, describing in general terms the additional property
to be acquired and the improvement proposed, specifying separately
the maximum amount proposed to be expended for such acquisition and
for such improvement, and fixing a time when and place where such
Town board will meet to hear all persons interested therein. Notice
of such public hearing shall be given in the manner and within the
time provided in section two hundred two-b of the Town law.
§ 2. If such Town board shall determine,
after such public hearing and upon the evidence given thereat, that
it is in the public interest to acquire and improve such additional
property, such Town board shall adopt a resolution approving the same.
§ 3. Within ten days after the adoption
of such resolution, an application shall be made to the state comptroller
for permission to acquire and improve such additional property. In
so far as possible, such application shall be executed and filed,
and the permission of the state comptroller shall be granted or denied,
in the form and manner provided in, and subject to the restrictions
of, subdivisions three and four of section one hundred ninety-four
of the Town law, except that the state comptroller shall not be required
to give notice of the filing of such application to the board of supervisors
of Sullivan county, and the fifteen day period specified in such subdivision
four shall be computed from the date of filing of the application
with the state comptroller.
§ 4. If the state comptroller shall
deny permission for the acquisition and improvement of such additional
property, such Town board shall not authorize the same. If the state
comptroller shall grant his permission therefor, such Town board may
proceed to acquire such additional property in the name of such district,
by purchase, condemnation, or lease, and improve the same, subject
to the provisions of section one hundred ninety-seven of the Town
law. The costs of such acquisition and improvement shall not exceed
the amounts proposed to be expended therefor as specified in the resolution
adopted pursuant to section one of this act, and such costs shall
be financed, and assessments therefor levied and collected, in the
same manner provided for original improvements in such district.
§ 5. This act shall take effect immediately.
[Became a law April 4, 1956, with the approval
of the Governor. Effective April 4, 1956.]
[Passed 4-18-1956]
An Act to Authorize the Board of Commissioners
of the Land Office to Lease or to Sell or Convey Certain State Lands
in the Town of Fallsburgh, Sullivan County, for Use as a Public Parking
Facility.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. With the consent of the commissioner
of correction, the board of commissioners of the land office is hereby
authorized, upon such terms and conditions, including consideration,
as it deems proper, to lease for term not exceeding ten years or to
sell and convey to the Town of Fallsburgh, Sullivan county, or to
the Town board of said Town for any public parking district, within
such Town now existing or hereinafter created, a portion of the lands
owned by the state of New York and now used for the purpose of Woodbourne
correctional institution, for use by such Town or public parking district
as a public parking facility.
§ 2. The superintendent of public
works shall cause the lands to be leased or sold and conveyed as authorized
in section one of this act to be surveyed and the same may be leased
or sold and conveyed according to such survey.
§ 3. This act shall take effect immediately.
[Became a law April 18, 1956, with the approval
of the Governor. Effective April 18, 1956.]
[Passed 4-16-1958]
An Act to Authorize the Town Board of
the Town of Fallsburgh to Acquire Certain Real Property for the Purposes
of the Fallsburgh Park District in Such Town.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. Notwithstanding the provisions
of article twelve of the Town law or chapter six hundred ninety-six
of the laws of nineteen hundred fifty-two, the Town board of the Town
of Fallsburgh, in lieu of acquiring the real property proposed to
be acquired for the purposes of the Fallsburgh park district in such
Town, as described in the petition for the establishment of such district,
may, subject to the requirements of section two of this act, acquire
the real property hereinafter described for the purpose of constructing,
maintaining and operating thereon a public golf course, a golf house
and incidental facilities for such district; provided, however, that
nothing herein contained shall authorize such Town board, in acquiring
and improving such real property, to expend in excess of the maximum
amount proposed to be expended for the acquisition of real property
and the improvement thereof as stated in such petition. Such real
property authorized to be acquired by this act is bounded and described
as follows:
All that tract or parcel of land situate in
the Town of Fallsburgh, County of Sullivan and State of New York,
bounded and described as follows:
Beginning at the point of intersection at the
center of traveled way of the Hurleyville-Loch Sheldrake road with
the center of traveled way of the Fallsburgh-Liberty road and running
thence along said center of traveled way of the Hurleyville-Loch Sheldrake
Road in a northerly direction 1872 feet to a point in range with a
stone wall on the southerly bounds of a parcel of land formerly owned
by Shlesinger (see liber 555 page 350) thence leaving said road and
running thence along said wall N 87° 27' E 427.3 feet; thence
S 69°-05' E 65.5 feet; thence N 20°-53' E 432.4 feet, thence
S 66° 07' E 100.0 feet; thence N. 28°-25' E about 390 feet
to a stone wall on the southerly bounds of Evans; thence along said
wall and a continuation thereof about S 63°-40' E 2550±
feet to the center of Sheldrake Stream at the northeasterly corner
of the "Shindler Farm"; thence S 36° 40' E 1300± feet to
a point one foot from the high water mark of Morningside Lake; thence
following said line (one foot from said high water line) around the
northerly shore of said Lake in a westerly and then southerly direction
about 4400± feet; thence S 49°-16' W about 370 feet to
the center of traveled way of the Fallsburgh-Liberty Road. The last
course passes parallel to and 100 feet measured at right angles from
the exterior of the north westerly wall of the Morningside Hotel swimming
pool. Thence running along the center of traveled way of the Fallsburgh-Liberty
Road 1755 feet to the point or place of beginning containing 175 acres
to be the same more or less.
Bearings referred to are magnetic as of May
1946.
All that tract or parcel of land situate in
the Town of Fallsburgh, County of Sullivan and State of New York being
a 50.0 foot right-of-way for the purpose of ingress and egress in
common with the grantor and their assigns, across a portion of the
"Mitchell Efromson Farm" (see liber 524 Page 105) the center line
of which is described as follows:
Beginning at the intersection of the center
of traveled way of the road leading from Route 52 to said "Efromson
Farm" with the northerly bounds of said farm and running thence along
said center of traveled way S 66°-00' W 289 feet; thence leaving
said traveled way and running N 84° 00' W 571 feet to a point
in range with a fence line; thence to and along said fence line S
61°-12' W about 470± feet to the northerly bounds of the
above described 175 acre tract of land.
Bearings are referred to a bearing of S 62°-52'
E of a stone wall evidencing a portion of the northerly bounds of
said farm.
Together with the perpetual right to draw and
use water from Hill's Mill Pond, also known as Morningside Lake, for
the purpose of irrigation for the use, operation and maintenance of
a golf course, golf club and incidental facilities located on the
premises hereinbefore described.
Also the right to draw and use water from a
spring located at the northwesterly corner of premises formerly known
as the Shindler farm and more particularly described in a deed recorded
in the Sullivan County Clerk's Office in Liber 319 of Deeds at page
463 for drinking purposes in connection with the use, operation and
maintenance of said golf course and facilities.
§ 2. Such Town board may acquire the
real property described in section one of this act only after a public
hearing, notice of which shall be published and posted in the manner
prescribed in section one hundred ninety-three of the Town law. Such
notice shall contain a description of the real property to be acquired
as set forth in section one of this act, shall state in substance
that the Town board proposes to acquire such real property in lieu
of acquiring the real property proposed to be acquired for the purposes
of such district as described in the petition for the establishment
of such district, and shall specify the time when and the place where
such Town board will meet to hear all persons interested in the subject
matter thereof. If the Town board shall decide, after such hearing
and upon the evidence given thereat, that it is in the public interest
to acquire the real property as described in section one of this act
and in the notice of such public hearing, such Town board may proceed
to acquire such real property and improve the same for the purposes
of such district as authorized by this act.
§ 3. Nothing herein contained shall
be deemed or construed to prohibit such Town board from proceeding
with the acquisition of the real property proposed to be acquired
for such district as described in the petition for the establishment
of such district in the event such Town board does not acquire the
real property described in section one of this act.
§ 4. This act shall take effect immediately.
[Became a law April 16, 1958, with the approval
of the Governor. Effective April 16, 1958.]
[Passed 4-18-1958]
An Act to Authorize the Fallsburgh Public
Parking District of the Town of Fallsburgh, Sullivan County, New York,
to Improve and Reconstruct Certain Buildings or Parts of Buildings
Owned by the Fallsburgh Public Parking District for Use by the TOWN
in Part as Town Offices and in Part as a Municipal Transportation
Terminal, Authorizing the Financing of Such Improvements and Reconstruction
and Providing for Other Matters in Connection Therewith.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. The Fallsburgh Public Parking
District of the Town of Fallsburgh, subject to the provisions of this
act, may (a) construct, improve and reconstruct all or part of the
buildings owned by the Fallsburgh Public Parking District for use
in part as Town offices and in part as a municipal transportation
terminal, (b) authorizing the Fallsburgh Public Parking District to
charge rates and fees for the use by public carriers of the bus terminal
part of the facilities, and (c) providing that the Town shall pay
annual rentals to the Public Parking District for the buildings or
parts thereof so used for Town offices. Said parking district shall
describe the buildings and parts thereof to be so improved and reconstructed
in a manner sufficient for identification, shall state the maximum
amount to be expended for such improvement and reconstruction, shall
fix the term of years for which such use by the Town for Town offices
and municipal transportation terminal shall continue, shall fix the
annual rentals to be payable by the Town, shall provide that such
term of years may be extended, and shall provide that the amount of
such annual rentals may be decreased or increased as may seem advisable.
Before any of the acts set forth above shall become effective a public
hearing shall be held by the Town board at a time and place specified,
at which public hearing all persons interested in the subject matter
thereof shall be heard. Notice of such public hearing shall be given
by publication of a copy of the resolution calling said public hearing
at least once in a newspaper having general circulation in the district
and by posting printed copies of such resolution in at least five
public places within the district. Such publication and posting shall
be made not less than ten nor more than twenty days before the day
designated for such public hearing. After such hearing held upon notice
as herein provided and upon the evidence given thereat, the Town board
shall determine by resolution whether it is in the public interest
to grant in whole or in part the matters provided for in such resolution.
If the Town board shall so determine such initial resolution shall
then become effective. If the Town board shall determine after said
public hearing and upon the evidence given thereat that it is in the
public interest to modify the matters so determined in said initial
resolution, it shall then adopt a resolution amending such initial
resolution and shall thereupon call a public hearing thereon in the
same manner as hereinabove provided with respect to the initial resolution.
§ 2. The cost of such improvements
and reconstruction shall be paid by the Fallsburgh Public Parking
District and may be financed in the manner provided by the local finance
law, it being hereby determined that such improvements and reconstruction
of such buildings and the use thereof by the Fallsburgh Public Parking
District for the purposes authorized by this act is a public purpose.
Such expenditures and the debt service, if any, required in connection
with obligations issued by said parking district for such purposes
shall be considered as a factor in determining and fixing the amounts
of the annual rentals to be paid by the Town to the public parking
district.
§ 3. This act shall take effect immediately.
[Became a law April 18, 1958, with the approval
of the Governor. Effective April 18, 1958.]
[Passed 4-23-1964]
An Act to Authorize the Town of Fallsburgh,
Sullivan County, to Convey to Sullivan County, Certain Real Property
Located Within Such Town, Acquired for Park and Recreation Purposes.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. Notwithstanding section eight
hundred eighty-three of the conservation law or any other contrary
provision of law, and without a public hearing or referendum, but
subject to the provisions of section three of this act, the Town of
Fallsburgh, Sullivan county, acting by and through its Town board,
is hereby authorized to convey to Sullivan county, all its right,
title and interest in and to the following described real property,
which was acquired for park and recreational purposes by such Town,
and is no longer needed or required for such purposes, and to execute
and deliver a deed or deeds of conveyance of valid title in fee simple
of such real property, or any part thereof, to which it may have title:
ALL THAT TRACT OR PARCEL OF LAND situate in
the Town of Fallsburgh, County of Sullivan, State of New York, and
further described as follows:
BEGINNING at a point in the center line of County
Road 52 also being the Northwest corner of lands now or formerly of
Joseph Wolf;
Thence, along the center line of County Road
52 South 35°-35' East 540.0 ft. to a point in the center line
of the highway at the Northwest corner of lands conveyed by Ida Salon
to Philip Salon by deed dated March 15, 1934 and recorded on March
16, 1934 in Liber 297 of Deeds at page 230;
Thence along Salon's Westerly boundary South
25°-50' West 1291.0 feet to a point on the Middle Lot line of
Farm Lots 8, 9 and 10 in Division 3 of Great Lot 2;
Thence along the Middle Lot line of Farm Lots
8, 9 and 10 North 61°-55' West 3580.0 feet to a point on the East
bounds of Farm Lot 7 in Division 3 of Great Lot 2;
Thence along the East bounds of the lands of
Julkersky, Osterhout and Michelson, North 29°-15' East 1132.0
feet to a point;
Thence North 60°-20' West 470.0 feet to
a point on the East bounds of the lands of Fleisher.
Thence along Fleisher's East bounds and the
lands of Bronson, North 29°-25' East 1650.0 feet to a point in
the center line of County Road 52;
Thence along the center line of County Road
52 in an Easterly direction to a point. Said point being on a line
passing 50 feet Westerly of a concrete water storage tank and North
34°-54' East from an iron pipe;
Thence South 42°-38' East, 1498.4 feet to
an iron pin at the Southeast corner of the 17.4 acre tract now or
formerly of the Morningside Hotel Corporation;
Thence North 34°-53' East 713.9 feet to
a point;
Thence South 43°-54' East 55 feet to a point;
Thence North 34°-53' East 316.0 feet to
a point in the center line of County Road 52;
Thence, along the center line of County Road
52 in an Easterly direction 1400 feet more or less to the place or
point of beginning, containing an area of 150 acres of land more or
less.
It is intended hereby to convey all that parcel
of land now owned by the Town of Fallsburgh that lies Southerly of
County Road 52 in the Town of Fallsburgh.
The above described property is shown on a map
entitled, "Map of Lands of Morningside Park Development Corp. being
conveyed to Town of Fallsburgh" made by Sidney M. Marks, C.E.P.E.,
dated February 1962, Drawing No. 3274, and filed in the office of
the Clerk of Sullivan County.
§ 2. The aforesaid property and all
the interest of the Town of Fallsburgh therein may be conveyed for
such consideration and upon such terms and conditions as the Town
board shall determine, including a condition that the title so conveyed
shall revert to the Town of Fallsburgh in the event that the Sullivan
county community college is not located on such property within a
period specified in such condition.
§ 3. Of the consideration received
by the Town of Fallsburgh from Sullivan county for the aforesaid property,
an amount equal to the amount of state aid received by the Town of
Fallsburgh pursuant to article sixteen-c of the conservation law for
the acquisition of such property shall be remitted to the state comptroller,
to be thereafter available for the purposes of the park and recreation
land acquisition act. In the event such consideration shall be insufficient
to reimburse the state, as aforesaid, or in the event that the Town
of Fallsburgh shall fail to remit the amount of such state aid within
thirty days after the conveyance of such property, the state comptroller
shall cause to be withheld from the state assistance funds to which
the Town would otherwise be entitled, a sum sufficient to reimburse
the state for any amount remaining unpaid. Moneys so withheld shall
be credited to, and shall thereafter be available for, the purposes
of the park and recreation land acquisition act.
§ 4. This act shall take effect immediately.
[Became a law April 23, 1964, with the approval
of the Governor. Effective April 23, 1964.]
An Act to Amend the Public Housing Law,
in Relation to Creating and Establishing the Town of Fallsburg Housing
Authority, and Providing for its Rights, Powers, Duties and Limitations.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. The public housing law is hereby
amended by inserting in article thirteen thereof a new title, to be
title eighty-nine, to read as follows:
§ 492. Town of Fallsburg housing authority
A municipal housing authority, to be known as
the Town of Fallsburg housing authority, is hereby created and established
for the Town of Fallsburg in the county of Sullivan, for the accomplishment
of any or all of the purposes specified in article eighteen of the
constitution of the state of New York. It shall constitute a body
corporate and politic, be perpetual in duration and consist of five
members. It shall have the powers and duties now or hereafter conferred
by this chapter upon municipal housing authorities. It shall be organized
in the manner prescribed by and subject to the provisions of this
chapter, and the authority, its members, officers and employees and
its operations and activities shall in all respects be governed by
the provisions of this chapter.
§ 2. This act shall take effect immediately.
[Passed 6-16-1968]
An Act Changing the Name of the Town of
Fallsburgh in the County of Sullivan to the Town of Fallsburg.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. All that part of the county of
Sullivan hereinbefore known as the Town of Fallsburgh shall hereafter
be known by the name of the Town of Fallsburg.
§ 2. Whenever the Town of Fallsburgh
is referred to or designated in any law, contract or other document
in existence at the time this act takes effect, such reference or
designation shall be deemed to refer to the Town of Fallsburg.
§ 3. This act shall take effect immediately.
[Approved and effective June 16, 1968.]
[Passed 6-2-1972]
An Act to Create the Position of Town
Manager in and for the Town of Fallsburg in the County of Sullivan.
The People of the State of New York, represented
in Senate and Assembly, do enact as follows:
§ 1. There is hereby created the position
of Town manager in and for the Town of Fallsburg in the county of
Sullivan.
§ 2. The Town manager of the Town
of Fallsburg shall be appointed by the Town board upon such terms
and conditions and for an indefinite term or for a fixed term not
to exceed two years as it shall determine.
§ 3. The Town manager of the Town
of Fallsburg shall be the chief administrative officer of the Town
and shall have such powers and duties as may be prescribed, modified
or revoked from time to time by the Town board by local law, ordinance
or resolution. Notwithstanding any other provision of law, the Town
board may grant or transfer powers or duties held by any elective
or appointive official of the Town, except legislative or judicial,
to the Town manager by local law, ordinance or resolution without
requiring same to be submitted to the qualified electors of the Town
for their approval; provided, however, the Town board may, upon its
own motion, submit such grant or transfer to the electors of said
Town for their approval and provided further, that any transfer of
any powers or duties held by the Town supervisor shall also be subject
to his approval and consent.
§ 4. Nothing contained herein shall
be construed to change the position of Town supervisor of the Town
of Fallsburg as head of the Town government or to authorize the transfer
of any powers or duties of the Town supervisor as a member of the
board of supervisiors of the county of Sullivan.
§ 5. This act shall take effect immediately.
[Became a law June 2, 1972, with the approval
of the Governor. Effective June 2, 1972.]