NY State Senate Bill 2015-S6756A

Senate Bill S6756A

Signed By Governor

2015-2016 Legislative Session

Relates to authorizing the city of Fulton to discontinue its use of certain waterfront parklands

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2016	signed chap.187
Jul 13, 2016	delivered to governor
Jun 16, 2016	returned to senate passed assembly home rule request home rule request ordered to third reading rules cal.442 substituted for a7813a
Jun 06, 2016	referred to cities delivered to assembly passed senate home rule request
May 16, 2016	amended on third reading 6756a
Mar 07, 2016	advanced to third reading
Mar 02, 2016	2nd report cal.
Mar 01, 2016	1st report cal.270
Feb 17, 2016	referred to local government

Votes

- Jun 6, 2016 - Floor Vote
  S6756A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Mar 1, 2016 - Local Government Committee Vote
  S6756A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Mar 1, 2016
      
      aye (9)
      
      Boyle
      
      Hoylman-Sigal
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Panepinto
      
      Ritchie
      
      Valesky

Bill Amendments

Original

A (Active)

2015-S6756 - Details

See Assembly Version of this Bill:: A7813
Law Section:: Oswego County

2015-S6756 - Summary

Relates to authorizing the city of Fulton to discontinue its use of certain waterfront parklands.

2015-S6756 - Sponsor Memo

                                 BILL NUMBER:  S6756

 TITLE OF BILL :  An act authorizing the city of Fulton to discontinue
its use of certain waterfront parklands

 PURPOSE :

This legislation authorizes the City of Fulton to transfer
approximately 8.3 acres of city-owned land to the Town of Granby.

 SUMMARY OF PROVISIONS :

Section 1. Authorizes the City of Fulton, through action of its city
council, to convey waterfront property as described in section 2 of
the legislation.

Section 2. Describes the land to be transferred from the City of
Fulton to the Town of Granby as well as the property description for a
right-of-way easement.

Section 3. States that the land to be transferred be owned and
maintained by the Town of Granby as parkland and made available to the
general public.

Section 4. Establishes that if the property conveyed is ever used for
purposes other than public parkland, the property shall revert back to

the City of Fulton.

Section 5. In the event the Parkland reverts back to the City of
Fulton, the Town of Granby is required to satisfy any federal
requirements pertaining to funding prior to conveyance of the
property.

Section 6. This act shall take effect immediately.

 JUSTIFICATION :

Pursuant to a Memorandum of Understanding between the City of Fulton
and the Town of Granby dated June 11, 2013, regarding annexation of
lands, the city agrees to transfer 8.3 acres of waterfront property to
the Town of Granby for the use of public purposes, such as parkland,
public boat launch or other public recreational purposes.

This legislation was requested by the City of Fulton and the Town of
Granby. It authorizes the transfer of waterfront property from the
City of Fulton to the Town of Granby as well as granting an easement
of a right-of-way- for ingress and egress.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6756 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6756

                            I N  S E N A T E

                            February 17, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT authorizing the city of Fulton to discontinue its use of  certain
  waterfront parklands

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 1. Subject to the provisions  of  this  act,  the  city  of
Fulton, located in the county of Oswego, is hereby authorized, acting by
and  through  its city council, to discontinue its use of the waterfront
land described in section two of this act, and to enter into a  contract
to convey its interest in such real property, along with an easement and
right-of-way  for  ingress and egress, to the town of Granby, located in
the county of Oswego, upon terms agreed to by the city of Fulton and the
town of Granby; provided that the town of Granby  continue  to  use  the
property as parkland, and that the town shall continue to provide access
to such parkland to the general public.
  2.  Any  revenues  received  by  the city of Fulton as a result of the
initial conveyance of property described in  section  two  of  this  act
shall be used for capital improvements of existing park and recreational
facilities  and/or  for  acquisition of additional park and recreational
facilities.
  S 2. For purposes of this act, the description of the property  to  be
transferred  is  described  as follows:   1. All that tract or parcel of
land, situated in the City of Fulton, County of  Oswego,  State  of  New
York  and  being  part  of  Lot  65 in said city being more particularly
described as follows: Commencing at a point situate in the centerline of
New York State Route 48, said point being 1,651.54' northerly  from  the
south  line  of Lot 65 and the north line of the City of Fulton as meas-
ured along the centerline of New York State Route 48; thence N  78°  03'
10"  E,  a  distance  of  33.19' to a point in the east line of New York
State Route 48; thence, N 17° 50' 46" W along the east line of New  York
State  Route  48, a distance of 50.27' to a point; thence, N 78° 03' 10"
E, a distance of 919.00' to a point; thence, N 06° 12' 26" W, a distance
of 107.02' to a point; thence, northerly along  a  curve  to  the  right

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD10333-04-5

S. 6756                             2

having  a  radius of 163.80', an arc length of 85.97'; thence, N 23° 51'
54" E, a distance of 158.96' to a point; thence, northerly along a curve
to the left having a radius of 146.24', an arc length  of  78.09'  to  a
point;  thence,  N  06°  43'  47"  W,  a distance of 164.41' to a point;
thence, S 83° 16' 13" W, a distance of 194.63' to a  point,  said  point
being  the  southeast corner of Brenton (Bk. 1261/Pg. 256) and the Point
of Beginning of the premises conveyed herein; thence, N 17°  54'  47"  E
along  the  east  line of said Brenton and the east line of Brannan (Bk.
1214/Pg. 004), a distance of 439.21' to  a  point  being  the  northeast
corner  of  said  Brannan  and the south line of Gorman (R-2011-005902);
thence, N 82° 59' 21" E along the south line  of  said  Gorman  and  the
south  line  of  Gorman  (Bk.  1437/Pg. 76), a distance of 547.5' to the
westerly edge of the  Oswego  River;  thence,  southeasterly  along  the
westerly  edge  of the Oswego River as it winds and turns, a distance of
690.8' to a point; thence, S 83° 16' 13" W, a distance  of  1,266.1'  to
the point and place of beginning containing 8.3 acres of land; and
  2.   The description for the property to be granted as an easement for
ingress and egress is described as follows:  All that tract or parcel of
land, situate in the City of Fulton, County of Oswego, State of New York
and being part of Lot 65 in said city being more particularly  described
as follows: Commencing at a point situate in the center line of New York
State Route 48, said point being 1,651.54' northerly from the south line
of Lot 65 and the north line of the City of Fulton as measured along the
centerline  of  New  York  State  Route  48;  thence, N 78° 03' 10" E, a
distance of 33.19' to a point in the east line of New York  State  Route
48 and the Point of Beginning of the premises conveyed herein; thence, N
17° 50' 46" W along the east line of New York State Route 48, a distance
of  50.27' to a point; thence, N 78° 03' 10" E, a distance of 919.00' to
a point; said point being the southwest corner of a 28'  wide  right-of-
way  and  easement,  thence, N 06° 12' 26" W, a distance of 107.02' to a
point; thence, northerly along a curve to the right having a  radius  of
163.80', an arc length of 85.97'; thence, N 23° 51' 54" E, a distance of
158.96' to a point; thence, northerly along a curve to the left having a
radius of 146.24', an arc length of 78.09' to a point; thence, N 06° 43'
47"  W,  a  distance  of  164.41' to a point; thence, N 83° 16' 13" E, a
distance of 28.00' to a point; thence, S 06° 43' 47" E,  a  distance  of
164.41'; thence, southerly along a curve to the right having a radius of
174.24', an arc length of 93.04'; thence, S 23° 51' 54" W, a distance of
158.96';  thence, southerly along a curve to the left having a radius of
135.80', an arc length of 71.27' to a point; thence, S 06° 12' 26" E,  a
distance  of  154.46' to a point; thence, S 78° 03' 10" W, a distance of
936.94' to the point and place of beginning  containing  1.46  acres  of
land.    The  town of Granby shall maintain all of the 28' wide easement
northerly to the 8.3 acres described in subdivision one of this section.
  S 3. The land to be transferred pursuant to this act  shall  be  owned
and maintained by the town of Granby as parkland, and made available for
uses normally associated with waterfront parkland. Where the availabili-
ty  of  the  parklands and/or facilities located thereon is limited, the
use of such shall be determined by an equitable  method  which  provides
priority  use  to  the  general public based on a reservation policy for
free or nominal charge.
  S 4.  If the property described in section two of this act, and trans-
ferred to the town of Granby pursuant to the provisions  thereof,  shall
ever  be  used for a purpose other than as public parkland, ownership of
such property shall revert back to the city of Fulton.

S. 6756                             3

  S 5. If the parkland that is subject of this act has received  funding
pursuant to the federal land and water conservation fund, the discontin-
uance  of  parkland  authorized  by the provisions of this act shall not
occur until the town of Granby has complied with  the  federal  require-
ments  pertaining  to  the conversion of parklands, including satisfying
the secretary of the interior that the discontinuance will  include  all
conditions which the secretary of the interior deems necessary to assure
the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being discontinued.
  S 6. This act shall take effect immediately.

2015-S6756A (ACTIVE) - Details

See Assembly Version of this Bill:: A7813
Law Section:: Oswego County

2015-S6756A (ACTIVE) - Summary

Relates to authorizing the city of Fulton to discontinue its use of certain waterfront parklands.

2015-S6756A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6756A

 TITLE OF BILL :  An act authorizing the city of Fulton to discontinue
its use of certain waterfront parklands

 PURPOSE :

This legislation authorizes the City of Fulton to transfer
approximately 8.3 acres of city-owned land to the Town of Granby.

 SUMMARY OF PROVISIONS :

Section 1 Authorizes the City of Fulton, through action of its city
council, to convey waterfront property as described in Section 2 of
the legislation to the Town of Granby, provided that the town of
Granby continue to use the property as parkland, and that the town
shall continue to provide access to such parkland to the general
public.

The City of Fulton also agrees that the Town of Granby may enact fees
that are higher for the residents of the city notwithstanding the
general prohibition of the enactment of fees which are higher for
residents of a municipality conveying the parkland than those fees
charges to residents of the municipality receiving the parkland.

This section further provides that any revenues received by the City

of Fulton as a result of the conveyance shall be used for capital
improvements of existing park and recreational facilities and/or for
the acquisition of additional park and recreational facilities.

Section 2 Describes the land to be transferred from the City of Fulton
to the Town of Granby as well as the property description for a
right-of-way easement.

Section 3 States that the land to be transferred be owned and
maintained by the Town of Granby as parkland and made available to the
general public.

Section 4 Establishes that if the property conveyed is ever used for
purposes other than public parkland, the property shall revert back to
the City of Fulton.

Section 5 Provides in the event the Parkland reverts back to the City
of Fulton, the Town of Granby is required to satisfy any federal
requirements pertaining to funding prior to conveyance of the
property.

Section 6 Is the effective date.

 JUSTIFICATION :

Pursuant to a Memorandum of Understanding between the City of Fulton
and the Town of Granby dated June 11, 2013, regarding annexation of
lands, the city agrees to transfer 8.3 acres of waterfront property to
the Town of Granby for the use of public purposes, such as parkland,
public boat launch or other public recreational purposes.

This legislation was requested by the City of Fulton and the Town of
Granby. It authorizes the transfer of waterfront property from the
City of Fulton to the Town of Granby as well as granting an easement
of a right-of-way- for ingress and egress.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6756A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6756--A
    Cal. No. 270

                            I N  S E N A T E

                            February 17, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT authorizing the city of Fulton to discontinue its use of certain
  waterfront parklands

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  1.  Subject  to  the  provisions of this act, the city of
Fulton, located in the county of Oswego, is hereby authorized, acting by
and through its city council, to discontinue its use of  the  waterfront
parklands  described  in  section  two  of this act, and to enter into a
contract to convey its interest in such  real  property,  along  with  a
permanent  easement  and  right-of-way  for  ingress and egress over the
parkland, to the town of Granby, located in the county of  Oswego,  upon
terms  agreed  to by the city of Fulton and the town of Granby; provided
that the town of Granby continue to use the property  as  parkland,  and
that  the  town shall continue to provide access to such parkland to the
general public; provided further that the city of Fulton agrees that the
town of Granby may enact fees that are higher for residents of the  city
notwithstanding  the  general prohibition of the enactment of fees which
are higher for residents of the municipality conveying the parkland than
those fees charged to residents of the municipality receiving the  park-
land.
  2.  Any  revenues  received  by  the city of Fulton as a result of the
conveyance of property and/or easement interest described in section two
of this act shall be used for capital improvements of existing park  and
recreational  facilities  and/or  for acquisition of additional park and
recreational facilities.
  S 2. For purposes of this act, the description of the property  to  be
transferred  is  described  as follows:   1. All that tract or parcel of
land, situated in the City of Fulton, County of  Oswego,  State  of  New
York  and  being  part  of  Lot  65 in said city being more particularly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD10333-06-6

S. 6756--A                          2

described as follows: Commencing at a point situate in the centerline of
New York State Route 48, said point being 1,651.54' northerly  from  the
south  line  of Lot 65 and the north line of the City of Fulton as meas-
ured  along  the centerline of New York State Route 48; thence N 78° 03'
10" E, a distance of 33.19' to a point in the  east  line  of  New  York
State  Route 48; thence, N 17° 50' 46" W along the east line of New York
State Route 48, a distance of 50.27' to a point; thence, N 78°  03'  10"
E, a distance of 919.00' to a point; thence, N 06° 12' 26" W, a distance
of  107.02'  to  a  point;  thence, northerly along a curve to the right
having a radius of 163.80', an arc length of 85.97'; thence, N  23°  51'
54" E, a distance of 158.96' to a point; thence, northerly along a curve
to  the  left  having  a radius of 146.24', an arc length of 78.09' to a
point; thence, N 06° 43' 47" W,  a  distance  of  164.41'  to  a  point;
thence,  S  83°  16' 13" W, a distance of 194.63' to a point, said point
being the southeast corner of Brenton (Bk. 1261/Pg. 256) and  the  Point
of  Beginning  of  the premises conveyed herein; thence, N 17° 54' 47" E
along the east line of said Brenton and the east line  of  Brannan  (Bk.
1214/Pg.  004),  a  distance  of  439.21' to a point being the northeast
corner of said Brannan and the south  line  of  Gorman  (R-2011-005902);
thence,  N  82°  59'  21"  E along the south line of said Gorman and the
south line of Gorman (Bk. 1437/Pg. 76), a  distance  of  547.5'  to  the
westerly  edge  of  the  Oswego  River;  thence, southeasterly along the
westerly edge of the Oswego River as it winds and turns, a  distance  of
690.8'  to  a  point; thence, S 83° 16' 13" W, a distance of 1,266.1' to
the point and place of beginning containing 8.3 acres of land; and
  2.  The description for the property to be granted as an easement  for
ingress and egress is described as follows:  All that tract or parcel of
land, situate in the City of Fulton, County of Oswego, State of New York
and  being part of Lot 65 in said city being more particularly described
as follows: Commencing at a point situate in the center line of New York
State Route 48, said point being 1,651.54' northerly from the south line
of Lot 65 and the north line of the City of Fulton as measured along the
centerline of New York State Route 48;  thence,  N  78°  03'  10"  E,  a
distance  of  33.19' to a point in the east line of New York State Route
48 and the Point of Beginning of the premises conveyed herein; thence, N
17° 50' 46" W along the east line of New York State Route 48, a distance
of 50.27' to a point; thence, N 78° 03' 10" E, a distance of 919.00'  to
a  point;  said point being the southwest corner of a 28' wide right-of-
way and easement, thence, N 06° 12' 26" W, a distance of  107.02'  to  a
point;  thence,  northerly along a curve to the right having a radius of
163.80', an arc length of 85.97'; thence, N 23° 51' 54" E, a distance of
158.96' to a point; thence, northerly along a curve to the left having a
radius of 146.24', an arc length of 78.09' to a point; thence, N 06° 43'
47" W, a distance of 164.41' to a point; thence, N  83°  16'  13"  E,  a
distance  of  28.00'  to a point; thence, S 06° 43' 47" E, a distance of
164.41'; thence, southerly along a curve to the right having a radius of
174.24', an arc length of 93.04'; thence, S 23° 51' 54" W, a distance of
158.96'; thence, southerly along a curve to the left having a radius  of
135.80',  an arc length of 71.27' to a point; thence, S 06° 12' 26" E, a
distance of 154.46' to a point; thence, S 78° 03' 10" W, a  distance  of
936.94'  to  the  point  and place of beginning containing 1.46 acres of
land.  The town of Granby shall maintain all of the  28'  wide  easement
northerly to the 8.3 acres described in subdivision one of this section.
  S  3.  The  land to be transferred pursuant to this act shall be owned
and maintained by the town of Granby as parkland, and made available for
uses normally associated with waterfront parkland. Where the availabili-

S. 6756--A                          3

ty of the parklands and/or facilities located thereon  is  limited,  the
use  of  such  shall be determined by an equitable method which provides
priority use to the general public based on  a  reservation  policy  for
free or nominal charge.
  S 4.  If the property described in section two of this act, and trans-
ferred  to  the town of Granby pursuant to the provisions thereof, shall
ever be used for a purpose other than as public parkland,  ownership  of
such property shall revert back to the city of Fulton.
  S  5. If the parkland that is subject of this act has received funding
pursuant to the federal land and water conservation fund, the discontin-
uance of parkland authorized by the provisions of  this  act  shall  not
occur  until  the  town of Granby has complied with the federal require-
ments pertaining to the conversion of  parklands,  including  satisfying
the  secretary  of the interior that the discontinuance will include all
conditions which the secretary of the interior deems necessary to assure
the substitution of other lands shall be equivalent in fair market value
and recreational usefulness to the lands being discontinued.
  S 6. This act shall take effect immediately.

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