|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 01, 2012||signed chap.334|
|Jul 20, 2012||delivered to governor|
|Jun 21, 2012||returned to assembly|
home rule request
3rd reading cal.1490
substituted for s7651
|Jun 21, 2012||substituted by a10454|
ordered to third reading cal.1490
|Jun 11, 2012||referred to rules|
senate Bill S7651Signed By Governor
Authorizes the town of Greenburgh, county of Westchester to lease certain park lands for tennis uses
Archive: Last Bill Status Via A10454 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (10)
Jun 21, 2012 - floor VoteA10454600floor60Aye0Nay0Absent2Excused0Abstained
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Floor Vote: Jun 21, 2012aye (60)
Jun 21, 2012 - Rules committee VoteS7651240committee24Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S7651 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Real Property
S7651 - Bill Texts
Authorizes the town of Greenburgh, county of Westchester to lease certain park lands for tennis uses.
view sponsor memo
TITLE OF BILL:
An act to authorize the town of Greenburgh, county of Westchester to
lease certain park lands for tennis uses
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the town of Greenburgh to lease a portion of its town park
for commercial seasonal public tennis facilities for up to 30 years.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the town board to lease certain park lands and
improvements at fair market value and other terms as they determine, for
up to 30 years for the operation of seasonal tennis facilities.
Section 2 requires that town residents who reside outside of the towns
six incorporated villages continue to pay all costs and expenses of the
specified town park lands and recreational facilities and that the
proceeds of the lease be dedicated to capital improvement of the exist-
ing town park and recreational facilities and/or for the acquisition of
additional town park and recreational facilities for their use.
Section 3 specifies the legal description of the subject tennis facili-
ties and the other facilities related to their use at the Anthony F.
Veteran Park in the town of Greenburgh.
Section 4 requires that if the lease for the facilities terminates then
the leased park lands revert to the town of Greenburgh to be used as
they are presently used.
Section 5 requires that the subject lease provide that such leased park
lands and improvements be made available to the general public on an
equitable basis. Where the availability of such public facilities is
limited, the use of the facilities is to be determined by a written
policy developed, posted and administered by the lessee and the town of
Section 6 specifies that this act shall not affect any rights or
restrictions in the deed conveying the subject park land to the town of
Section 7 is the effective date.
The proposed law is designed to give the town of Greenburgh the opportu-
nity to raise revenue by leasing a portion of its under utilized recre-
ational facilities. It authorizes the town to lease its tennis facili-
ties in its main town park on a seasonal basis. It is anticipated that
the town will gain revenue and the private lessees will improve the
facilities at no cost to the town including erecting a tennis bubble.
For the project to be economically viable the leased facilities must be
available to the general public.
The proposed law is necessary because:
1. New York courts have ruled that local park land and recreational
facilities may be leased to a private entity only with the New York
State Legislature's approval.
2. A special act of this legislature in 1982 restricted the use of all
parks and recreational facilities located in the unincorporated section
of the town of Greenburgh (outside of its six villages) to the residents
of the unincorporated area and required that those residents fund the
This law is not intended to disturb the provisions of the special act
except to authorize the town to enter into a lease that permits people
who live outside of the unincorporated section of the town to use the
specified facilities while being operated under lease.
Current economic conditions and the newly enacted tax levy cap make it
difficult for local governments to raise the revenue necessary to main-
tain their facilities. Greenburgh has indicated that these lease
proceeds are necessary for capital expenditures at its main town park
and/or other facilities for the residents of the unincorporated section
of town-including refurbishing of roads and buildings and performing
major renovations that extend their useful life.
PRIOR LEGISLATIVE HISTORY:
New Bill- 2012
None to the State.
This act shall take effect immediately.
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S T A T E O F N E W Y O R K ________________________________________________________________________ 7651 I N S E N A T E June 11, 2012 ___________ Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to authorize the town of Greenburgh, county of Westchester to lease certain park lands for tennis uses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The town of Greenburgh acting by and through its town board is hereby authorized and empowered to lease at fair market value and upon such other terms and conditions as determined by such board consistent with sections four and five of this act the lands and improvements described in section three of this act for up to 30 years for the operation of seasonal tennis facilities. S 2. The authorization provided in section one of this act shall be effective only upon the condition that the residents of the town of Greenburgh who reside outside of any incorporated village in such town continue to pay all costs and expenses for the town park and recreation- al facilities described in section three of this act and that the town of Greenburgh dedicate all proceeds of such lease for the capital improvement of existing town park and recreational facilities and/or for the acquisition of additional town park and recreational facilities for the residents of the town of Greenburgh who reside outside of any incor- porated village in such town. S 3. The lands and improvements referred to in section one of this act which may be leased consist of tennis facilities and other appurtenances related to the use of such tennis facilities located in the Anthony F. Veteran Park in the town of Greenburgh, county of Westchester, state of New York, the park being more particularly described as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Greenburgh, County of Westchester and State of New York, and being more particularly bounded and described as follows: BEGINNING at a point on the northerly line of the Sprain Brook Park- way, where the same is intersected by the northeasterly boundary line of land now or formerly of Robert Stephen Anthony as acquired by a deed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15742-10-2 S. 7651 2 from John Canning, Jr., dated September 9th, 1952, recorded in Office of the County Clerk of Westchester County, Division of Land Records, on September 10th, 1952, in Liber 5134 of conveyances, page 115, said point of BEGINNING being distant North 43° 57' 40" East 272.43 feet from a monument at the intersection of the southeasterly corner of said lands so conveyed by the aforementioned deed with the northeasterly side of Heatherdell Road; thence running along the last mentioned northeasterly boundary line of Anthony, North 46° 02' 20" West 344.66 feet to a point; thence running North 49° 20' 10" East 551.65 feet and North 17° 14' 40" East 1005.00 feet to a corner in said land; thence running South 80° 25' 50" East 899.49 feet to the northerly line of Sprain Brook Parkway; thence running along said lands the following courses and distances: South 16° 58' 39" East 49.00 feet, South 43° 57' 57" West 734.75 feet, South 61° 17' 40" West 135.00 feet and South 43° 57' 40" West 1067.57 feet to the point or place of BEGINNING, containing 20.46 acres more or less. TOGETHER with and subject to an easement in common with others over the existing driveway running from Heatherdell Road through premises and premises adjoining as set forth in Liber 3929 of conveyances, page 165, and utility easements as recorded in the Book of Conveyances in Liber 5389, Page 204, and in Liber 5950, page 320. ALSO known on the Official Tax Map of the Town of Greenburgh as Volume 8, Sheet 4, Parcel 4B, and of the Village of Ardsley as Sheet 1, Parcel 37B. S 4. Should the leased park lands described in sections one and three of this act cease to be used for the purposes described therein, the lease shall terminate and those lands shall revert to the town of Green- burgh consistent with its prior public park and recreational purposes. S 5. Notwithstanding the provisions of chapter 891 of the laws of 1982 to the contrary, such lease shall provide that the leased park land and improvements described in sections one and three of this act shall be made available to the general public on an equitable basis. Where avail- ability of such public facilities is limited, the use of such facilities must be determined by a written policy, developed, posted and adminis- tered by the lessee in conjunction with the town of Greenburgh. S 6. The provisions of this act shall not affect any rights or deed restrictions pursuant to the terms, conditions, and provisions of the deed conveying interest in the park land described in this act to the town of Greenburgh. S 7. This act shall take effect immediately.
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