[HISTORY: Adopted by the Town Board of the Town of Bedford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-20-2017 by L.L. No. 4-2017[1]]
[1]
Editor’s Note: This local law was approved at referendum
at a general election held 11-7-2017. It also superseded former Article
I, Open Spaces and Areas, Park and Water Protection Fund, adopted
7-17-2012 by L.L. No. 11-2012.
The Town Board of the Town of Bedford hereby provides for the
raising of moneys and establishes a debt service reserve fund for
the purpose of acquiring real property, and interests or rights in
real property, and for the purpose of improving and maintaining the
same for the preservation of open spaces and areas, as defined by
§ 247, Subdivision 1 of the General Municipal Law, for active
and passive park and recreational uses and for surface and ground
water protection.
Within the Town there is a compelling need to acquire, preserve,
protect, improve and maintain real property, and interests or rights
in real property, for the preservation of open spaces and areas, for
active and passive park and recreational uses and for surface water
and groundwater protection in order to enhance the general quality
of life and the environment of the Town. In order to achieve these
goals, the Town requires a cogent mechanism creating the capacity
to acquire real property, or interests or rights in real property,
and to improve and maintain the same for such purposes expeditiously
and efficiently as the need arises and opportunities are identified.
Appropriate fiscal planning is an essential component of fulfilling
this goal.
The Town Board hereby finds that, in order to more effectively
implement the powers and authorities granted to towns by New York
State General Municipal Law § 247, which recognizes the
value of open spaces and areas and the need to preserve such real
property and empowers municipalities with authority to acquire real
property, and interests or rights therein, to preserve as open spaces
and areas, and to more effectively implement the powers and authorities
granted to towns by various sections of New York State Town Law, which
recognizes the value of active and passive and recreational uses and
of surface water and groundwater protection, including the acquisition
of real property, and interests or rights in real property, and the
improvement and maintenance thereof for such purposes, the establishment
and the management of a program to fund open spaces and areas, park
and recreational uses and surface water and groundwater protection
is necessary.
A.
Fund. The Town Comptroller shall establish and maintain a separate
reserve fund, pursuant to New York State General Municipal Law § 6-h,
to be known as the "Open Spaces and Areas, Park and Water Protection
Debt Reserve Fund."
B.
Revenue sources.
(1)
Commencing with the fiscal year of the Town beginning January 1,
2018, a tax shall be levied, and deposited in a separate fund, by
an amount equal to 1% of the general fund and highway fund tax levies
(the "special levy") for the purpose of raising moneys for the payment
of bonded indebtedness of the Town issued or to be issued to acquire
real property, and interests or rights in real property, and to improve
and maintain the same for the preservation of open spaces and areas,
for active and passive park and recreational uses and for surface
and groundwater protection.
(2)
The special levy shall increase each fiscal year by 0.25% until 2022,
and shall remain at 2% for all subsequent fiscal years. The special
levy shall be the following:
(3)
All moneys received from the special levy shall be deposited in the
Open Spaces and Areas, Park and Water Protection Debt Reserve Fund.
The Town Board may further deposit into the Open Spaces and Areas,
Park and Water Protection Debt Reserve Fund moneys from any other
source, including, but not limited to, gifts, grants and donations
as the Town Board, in its sole discretion, may, from time to time,
determine.
C.
Scope of fund. The Open Spaces and Areas, Park and Water Protection
Debt Reserve Fund shall be used, pursuant to New York State General
Municipal Law § 6-h, for the payment of any bonded indebtedness
issued, from time to time, by the Town for the purposes specified
in this article.
D.
Deposits. The Open Spaces and Areas, Park and Water Protection Debt
Reserve Fund shall be the repository for moneys collected by the Town
through the special levy and from such other sources, as the Town
Board may determine, in its sole discretion, where permitted by the
laws of the State of New York.
A.
Town Board. No expenditures shall be made from the Open Spaces and
Areas, Park and Water Protection Debt Reserve Fund except upon the
specific authorization of the Town Board pursuant to and for the purposes
specified in this article. Moneys in the Open Spaces and Areas, Park
and Water Protection Debt Reserve Fund may be used for any purpose
set forth in General Municipal Law § 6-s.
[Amended 10-5-2021 by L.L. No. 9-2021]
B.
Town Comptroller. The Town Comptroller shall have the power to invest,
from time to time, the moneys in the Open Spaces and Areas, Park and
Water Protection Debt Reserve Fund, in accordance with General Municipal
Law Article 2, General Municipal Finances, and any other appropriate
statutes of the laws of the State of New York.
This article shall remain in full force and effect unless and
until repealed or amended by the Town.
