[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.
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.
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.
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.