[HISTORY: Adopted by the Town Board of the Town of Blooming Grove as indicated in article histories. Amendments noted where applicable.]
Article I Moffat Building Property to Moffat Library of Washingtonville
[Adopted 10-9-2012 by L.L. No. 6-2012]
This article authorizes the Town Board to transfer title to the Moffat building real property (including the lot containing the building) to the Moffat Library of Washingtonville without monetary consideration. The Moffat Library of Washingtonville, which is a school district public library, provides a substantial public service to the residents and community of the Town of Blooming Grove, and the provision of library services to Town residents is a proper Town purpose. The Library has agreed to provide equal library services, at no additional charge, to all residents of the Town of Blooming Grove, including those residents who reside outside the bounds of the Washingtonville School District.
The state Municipal Home Rule Law authorizes a municipality to adopt local laws, not inconsistent with the Constitution or any general law, relating to its property, affairs and government. The Office of the State Comptroller has expressed its written opinion that a municipality, by local law, may authorize a gift of its real property to a school district public library where the governing board determines, as here, that the real property is not needed for municipal use and that the gift will further the proper municipal purpose of providing library services to its residents.
In addition to providing a permanent home for the Library, the Town Board recognizes the historic and cultural significance of the Moffat building to the community. The Moffat Library of Washingtonville is committed to repairing the building and expanding the educational and cultural events and opportunities for the Blooming Grove community.
The Moffat building is not needed for Town use. The Moffat building is in need of significant repair and of improvement of its facilities, and the building has outlived its usefulness as a Town building. Part of the building has been used by the Library as a public library since the Town acquired the building in 1956. The Library may assert that the Library has a right to continue to use the building as a public library regardless of ownership. The Town's only use of the building since 1990, when the current Town Hall was built, has been to house the Town's Recreation Department office. That office was moved out of the Moffat building last year. The Moffat building and property is not needed for any Town use and is declared surplus property.
The transfer of title to the Moffat Library of Washingtonville is subject to permissive referendum.
The Town of Blooming Grove Town Board is authorized to convey, without monetary consideration, the Moffat building property, designated as Village of Washingtonville Tax Map No. 112-4-13, to the Moffat Library of Washingtonville, which shall use the building for public library purposes for the benefit of Town residents.