All that piece or parcel of land, situate in the town of Rye, county of Westchester and state of New York, bounded as follows: Northerly, in part by Forest avenue and Rye Beach avenue; easterly, in part by said Rye Beach avenue, the lands of the town of Rye and the waters of Long Island sound; southerly, in part by the waters of Long Island sound and by Dearborn avenue, and westerly, in part by Dearborn avenue and Forest avenue; together with the rocks and islands in said Long Island sound in front of and adjacent to said described premises, is hereby established, appropriated and set apart as a public park, to be known as "Rye Park" upon the passage of a proposition in favor thereof at a town meeting as hereinafter provided, and said "Rye Park" shall be under the management and control of commissioners, to be appointed as hereinafter provided. Said avenues, however, shall be subject to the control of the village of Rye, for general highway purposes.
[Acts of 1907, Ch. 711; amended by Laws 1915, Ch. 74, Laws 1933, Ch. 704, Laws 1934, Ch. 405, Laws 1939, Ch. 142, Laws 1986, Ch. 605, Laws 2002, SB Ch. 236, Laws 2017, Ch. 325]
AN ACT to provide for laying out, constructing and maintaining a public park in the town of Rye, county of Westchester, and for the acquisition of lands and property for that purpose by the said town of Rye, and to provide for the payment thereof.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Before any proceedings shall be taken for the condemnation of the property herein before described under the provisions of this act, a proposition in favor of acquiring such lands must be adopted by ballot by the electors of said town, at the general town election to be held in November, nineteen hundred and seven. The provisions of the general election law shall apply to the proposition to be submitted under this act.
The supervisor of the town of Rye; the president of the village of Port Chester, and the president of the village of Rye and the mayor of the village of Rye Brook, by virtue of their respective offices, together with one commissioner to be appointed by the town board of the said town of Rye and one commissioner to be appointed by the board of trustees of the village of Rye within sixty days after the adoption of a proposition as above provided shall constitute the commissioners of parks; the said commissioner to be appointed by the town board shall reside in that part of the town of Rye comprising the village of Mamaroneck; said commissioners so appointed by the town board and the board of trustees of the village of Rye and their successors in office shall be residents and freeholders of the town of Rye and shall hold office for terms of two years respectively from the thirty-first day of December next ensuing after their appointment; the successor in office of the commissioners to be appointed by said town board shall be appointed by the town board of said town of Rye, and the successor in office of the commissioners to be appointed by said board of trustees of the village of Rye shall be appointed by the board of trustees of said village of Rye, and shall hold office for a like period of two years. Said commissioners so appointed shall, before entering upon the duties of their office, take and subscribe the usual oath of office and file the same in the office of the town clerk of the town of Rye. Said commissioners shall receive no compensation. Any vacancy that shall occur in said office of commissioners of parks caused by the death, resignation or disqualification of any appointed commissioners shall be filled for the unexpired term by the board, which appointed the commissioners whose office so becomes vacant, at any regular meeting thereof, or at any special meeting called and held for that purpose. The said commissioners of parks of the town of Rye shall have exclusive charge of the acquisition of lands, and shall have full supervision of the construction, improvement and management of the park, and may employ such counsel and engineer as may be necessary, and fix their compensation, to be paid out of the fund hereinafter provided.
The said commissioners of parks of the town of Rye shall cause surveys and maps of said park to be made, and signed by the commissioners and filed by them in the office of the clerk of the county of Westchester and in the office of the town clerk of the town of Rye. The commissioners shall thereupon proceed to acquire by condemnation in the town of Rye the land and property hereinbefore described without unnecessary delay. The lands so taken by condemnation may include lands owned by any person, corporation or municipal corporation.
All damages awarded by the report of the commissioners of appraisal and approved by the court in such condemnation proceedings as shall be taken as herein provided, with interest from the date when the right of possession to the lands for which said awards shall have been made, together with the costs, allowances and expenses of such proceedings, as fixed by the court, shall, upon the confirmation of such report, be a charge uppon the town of Rye of the same force and effect as other town charges prescribed by law; and shall be due and payable by the said town of Rye according to the report of said commissioners of appraisal. A certified copy of such report and order shall be filed with the said county clerk and town clerk of the town of Rye within five days after the granting of said order provided, however, that if said damages, interest, costs, allowances and charges exceed 2 1/2% of the total assessed valuation of the real and personal property of the town of Rye, as appears by the assessment-roll of said town for the preceding year, then the proceeding for condemnation of said lands shall be discontinued.
In order to provide the means for acquiring the property authorized to be acquired by this act, and any expenses necessarily incurred in acquiring the same, and for the payment for such property as may be acquired by proceedings, under the condemnation law, and the costs, allowances and expenses of such proceedings and for the purpose of laying out, improving, erecting buildings and embellishing the park established under this act, the supervisor of the town of Rye is hereby authorized and directed to borrow, on the faith and credit of said town of Rye, an amount of money not exceeding 2 1/2% of the total assessed valuation of the real and personal property in the town of Rye as appears upon the assessment roll of said town for the preceding year as shall be necessary for such purposes, and for that purpose to issue and sell the bonds of said town, signed by said supervisor and countersigned by the town clerk, under the corporate seal of said town of Rye, which bonds shall be payable in gold coin of the United States of the present standard of weight and fineness or its equivalent in value, in not less than 10 nor in more than 50 years, and bearing interest at a rate not exceeding 4% per annum, payable in gold coin as aforesaid, semi-annually, which bonds shall not be sold for less than their par value. The said bonds shall be so issued as to provide for the payment of the in- debtedness in equal annual installments, the first of which shall be payable not more than 10 years from their date. They shall be sold on sealed proposals, upon notice printed in all the newspapers published in the town of Rye, and upon such other notice as may be designated by the said commissioners of parks and posted in at least five public places in said town of Rye at least ten days before the sale to the person who will take them at the lowest rate of interest. Said bonds shall be known as "Rye Park Bonds," and shall be numbered from one to the highest number issued, and the town clerk of said town of Rye shall keep a record of the number of each bond and the purchaser thereof, or the person to whom they are issued. The proceeds from the sale of said bonds shall be paid to the supervisor of said town, and shall be paid out from time to time to the persons entitled thereto, as hereinbefore provided, and upon vouchers certified by a majority of the commissioners of parks. The amount of interest and principal of said bonds shall be a charge upon the taxable property in the town of Rye, and the said amounts for principal and interest over and above the income applicable for that purpose, as hereinafter provided, shall, as the same become due, be levied and collected in the manner required by law for other town charges. The town board of the town of Rye is hereby empowered to apply to the board of supervisors of the county of Westchester, and said board of supervisors is hereby empowered and directed to levy and assess annually upon the taxable property of the town of Rye, the sum or sums of money which may be required to pay the interest on said bonds and to redeem them at maturity. When said taxes are collected they shall be paid over to the supervisor of said town and applied by him to the payment of said principal and interest as aforesaid.
The town of Rye shall become seized in fee of the title of said lands and appurtenances upon the entry of the order confirming the said report of the commissioners of appraisal, in accordance with the provisions of the condemnation law.
The said commissioners of parks shall have power and are directed to lay out, construct, grade and improve said park; to appoint, in their discretion, such employees as they deem necessary for the care and custody of said park; to employ all necessary workmen, assistants and contractors, and to prescribe their duties and fix their compensation; to seize and impound all cattle and other animals found roaming at large in said park; to make reasonable rules and ordinances for the use of said park not inconsistent with the ordinances of the village of Rye. All persons offending against such ordinances shall be deemed guilty of a misdemeanor and shall be punished on conviction before any court of competent jurisdiction in the town of Rye by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or both, at the discretion of the court. Said commissioners are authorized and empowered to bring an action in the name of the town to recover damages for the breach of any agreement relating to or growing out of the management or improvement of the park, or damages for injuries to any of the property appertaining to the park. Said commissioners are authorized and empowered to let to any person or persons or corporation for any period of time not exceeding three YEARS, and under such rules and regulations as shall be made by said commissioners of parks, the privilege of maintaining and offering boats for hire at said park; the privilege of maintaining bath houses and bathing facilities for hire at said park, and the privilege of maintaining a public restaurant at said park; the privilege of selling ice cream at said park; the privilege of selling candy at said park; the privilege of selling soda water at said park; the privilege of selling beer at said park; the privilege of selling wine or liquor at said park; the privilege of selling post cards and souvenirs at said park, and the privilege of parking automobiles and vehicles at said park, or any or all of said privileges. SAID COMMISSIONERS ARE AUTHORIZED AND EMPOWERED TO LET TO ANY PERSON OR PERSONS OR CORPORATION FOR ANY PERIOD OF TIME NOT EXCEEDING TWENTY YEARS FOR THE PRIVILEGE OF MAINTAINING A PUBLIC RESTAURANT AT SAID PARK; THE PRIVILEGE OF SELLING ICE CREAM AT SAID PARK; THE PRIVILEGE OF SELLING CANDY AT SAID PARK; THE PRIVILEGE OF SELLING SODA WATER AT SAID PARK; THE PRIVILEGE OF SELLING BEER AT SAID PARK; THE PRIVILEGE OF SELLING WINE OR LIQUOR AT SAID PARK IF SUCH AGREEMENT IS EXECUTED PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN AND IS APPROVED WITH THE SUPPORT OF THE SUPERVISOR OF THE TOWN OF RYE AND THE MAYOR OF THE CITY OF RYE. Copies of proposed leases or contracts extending such privileges shall be provided to the town board of the town of Rye and the city council of the city of Rye for their comment AT LEAST ONE MONTH IN ADVANCE OF DETERMINATION BY THE COMMISSIONERS, THE SUPERVISOR OF THE TOWN OF RYE AND THE MAYOR OF THE CITY OF RYE. Said commissioners of parks shall have no power to lease any portion of said park for any other purpose than as above provided. Whenever said commissioners of parks shall determine to let any or all of said privileges, they shall cause any or all of said privileges to be sold by advertising as herein- after provided for sealed bids in accordance with such terms and specifications as the said commissioners of parks may determine, or at public auction to the highest responsible bidder, who in the discretion of the park commissioners is deemed to be to the best interest and advantage of the town park and its management, such determination shall be made by a resolution passed by a majority of the commissioners of parks at a meeting, after notice calling for sealed bids for said privileges under such terms and specifications as the said commissioners of parks shall determine, or of such public auction, shall have been advertised in all the newspapers of said town of Rye at least once a week for two weeks successively. Said commissioners of parks shall have the power to reject any or all of the sealed bids, or bids at such public auction. The person or persons or corporation to whom the privilege or privileges shall be sold and awarded shall furnish a bond in such sum as may be determined, and with such sureties as may be approved by said commissioners of parks. Said commissioners of parks shall not have the power to lease said privileges so as to exclude the people of the town of Rye from a full and free enjoyment of the waters of Long Island sound adjacent to said park, and of the right to embark and disembark to and from the said park from boats and yachts. No liquors, beer, wine or intoxicants of any kind whatsoever shall be allowed or sold in any part of said park except under license agreement with the Rye Town Park commission. The town board of the town of Rye and the city council of the city of Rye each shall have the authority to suspend or revoke the use of wine or liquor at Rye Town Park on an annual basis. This authority can be exercised through the passage of a resolution by either municipal government. Suspension or revocation can be rescinded by passage of a resolution by the same municipal government. Said commissioners of parks shall have the power by a resolution passed by a majority of the park commissioners to operate and conduct any or all of said privileges under their own supervision and direction, to employ a manager for that purpose, and contract, hire, and employ labor and assistants for that purpose and purchase provisions, supplies, goods, wares, merchandise, fixtures and bathing equipment to be sold, hired and used under the privileges hereinbefore enumerated from time to time for that purpose. The said commissioners of parks may determine by a resolution passed by a majority of the commissioners of parks at a meeting to operate and conduct any or all of the said privileges, for the benefit of the town of Rye, under their own supervision and direction and the said commissioners of parks are hereby empowered and authorized to use whatever funds are in the hands of the commissioners of parks for that purpose and if such funds are insufficient the said commissioners of parks may raise by taxation a sum not exceeding twenty-five thousand dollars for that purpose, in any year. The principal of and interest on any obligations of the town of Rye issued for any of the purposes of this act shall be levied and collected in the manner required by law and the board of supervisors of the county of Westchester, upon request of the town board of the town of Rye, shall levy and assess the said sum of money upon the taxable property of the town of Rye. The trustees of the village of Rye shall provide a sufficient number of policemen for the proper policing of and for the enforcement of all laws and ordinances applicable to the said park and the maintenance of order therein and the reasonable cost thereof and therefor, approved by the said commissioners, shall be paid by the supervisor, in the same manner as other park charges, to the treasurer of the village of Rye.
The income from whatever leases may be made by the said commissioners, and from the sale of any or all of said privileges in said park, or the income derived from the conduct and operation of any or all of said privileges enumerated in section eight of this act, under the supervision and direction of the park commissioners for the benefit of the town of Rye shall be paid to the supervisor of the said town of Rye by the said commissioners of parks, and shall be applied by said supervisor as follows: to the proper care, expenses of maintenance, repairs and improvements of said lands and premises, and for the operation, maintenance and conduct of said privileges by the commissioners of parks and the balance of said revenue, if any, to the payment of the principal of and interest on the obligations of said town, issued for the purposes of this act. All payments shall be made upon vouchers certified by a majority of said commissioners of parks. The supervisor of the town of Rye shall be the treasurer of said commissioners of parks, and shall execute and deliver yearly a bond to the town of Rye in such an amount and with such sureties as may be approved by the town board of Rye. If the expense of maintaining the park, the operation and conduct of any or all of said privileges enumerated in section eight of this act by the commissioners of parks for the benefit of the town of Rye, and the amount of the principal of an interest on any obligations issued for the purposes of this act, shall in any year exceed the amount of said income, the town board shall raise annually, by tax to be assessed upon the taxable property in said town of Rye, at the same time and in the same manner that general taxes are raised therein, a sufficient sum to meet such excess; and if the amount of income shall exceed the amount required for such maintenance, principal of and interest on any obligations, the town board SHALL APPLY SUCH EXCESS TO REPAIRS AND IMPROVEMENTS IN SAID PARK. The commissioners of parks shall have power, from time to time, to construct buildings or other improvements in said park which they may deem expedient and necessary, and all such sums of money as shall be necessary, not exceeding one-tenth of 1% per annum of the assessed valuation of said town as shown by the assessment roll of the preceding year, to pay therefor shall be levied and collected in the manner required by law, and the board of supervisors of the county of Westchester, upon request by the town board of the said town of Rye, shall levy and assess the said sum of money upon the taxable property of the town of Rye. Said commissioner of parks shall hold public stated meetings at least once a month between April first and November first, in each year. Nothing contained in this or any other section of this chapter shall be construed to prevent the financing in whole or in part, pursuant to the local finance law, of expenditures for the construction of buildings or other improvements which the commissioner of parks deem expedient or necessary, and such expenditures may be financed in such manner whether or not the amount thereof is less than one-tenth of one per centum of such assessed valuation.
The commissioners of parks shall, on or before the first day of November in each year, make to the town board a full report of their proceedings during the preceding year, with a detailed and sworn statement of all their receipts and disbursements, which report shall be audited by the board of town auditors.
It shall be a misdemeanor for any commissioner to be pecuniarily interested, either directly or indirectly, in any contract or work of any kind whatever connected with said park.
The said commissioners shall have power to sell any buildings, improvements, fixtures, or bathing equipments at any time at public auction within the limits of said park which, in the judgment of said commissioners, shall not be required for the purposes of said park for public use.
The commissioners of the land office are hereby authorized to release to the town of Rye any right of the people of this state in and to any land under water adjacent to and in front of any upland included in the boundaries of said park.
This act shall take effect immediately.