Bill Text: NY S09063 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes the city of Niagara Falls to alienate and discontinue the use of certain parklands and transfer the property to The Papermill, LLC.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-06 - PRINT NUMBER 9063A [S09063 Detail]

Download: New_York-2023-S09063-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9063--A

                    IN SENATE

                                     April 15, 2024
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT in relation to authorizing the city of Niagara Falls to  alienate
          and discontinue the use of certain parklands

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subject to the provisions of this act, the city of  Niagara
     2  Falls  is  hereby  authorized, acting by and through its governing body,
     3  and upon such terms and conditions as determined by,  and  in  the  sole
     4  discretion  of  such  governing body, to discontinue the use as parkland
     5  and alienate the lands described in section three of this  act,  and  to
     6  convey  property  interests  in such lands to The Papermill, LLC for the
     7  purpose of joining two commercial properties that  this  parcel  divides
     8  preventing development of the adjacent properties.
     9    § 2. The authorization contained in section one of this act shall only
    10  be effective on the condition that the city of Niagara Falls dedicate an
    11  amount equal to or greater than fair market value of the parklands being
    12  alienated pursuant to section one of this act towards the acquisition of
    13  new  parklands  and/or  capital improvements to existing park and recre-
    14  ational facilities.
    15    § 3. The portion of land authorized by section one of this act  to  be
    16  permanently discontinued as parkland is described as follows:
    17    ALL  THAT  TRACT,  PIECE  OF  PARCEL  OF  LAND, situate in the City of
    18  Niagara Falls, County of Niagara, and State of New York,  known  as  the
    19  "Ten Rod Strip", located and bounded and described as follows:
    20    Beginning  at  a point where the south line of Buffalo Avenue produced
    21  from the east (99-foot-wide Roadway) intersects the east line  of  Tenth
    22  Street produced south;
    23    Thence  running  south  along  the  east line of Tenth Street produced
    24  south to the north line of lands Appropriated by the Power Authority  of
    25  the State of New York for the Niagara Power Project, Map No. 1499 Parcel
    26  1966 recorded in Liber 1426 of deeds at page 980;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13779-05-4
        S. 9063--A                          2

     1    Thence  northwesterly,  along  the north line of lands Appropriated by
     2  the Power Authority of the State of  New  York  for  the  Niagara  Power
     3  Project,  Map  No.  1499  Parcel 1966 recorded in Liber 1426 of deeds at
     4  page 980 to a point that is distant from the east line of Tenth  Street,
     5  produced  south  as  aforesaid  ten  rods  or 165 feet measured at right
     6  angles therefrom;
     7    Thence running north, parallel  to  the  east  line  of  Tenth  Street
     8  produced  south  and distant ten rods or 165 feet therefrom to the south
     9  line of Buffalo as a 66-foot-wide Roadway;
    10    Thence east, along the south line of Buffalo Avenue as a  66-foot-wide
    11  Roadway to the west line of Tenth Street produced south;
    12    Thence south along the west line of Tenth Street produced south to the
    13  south  line of Buffalo Avenue produced from the east (99-foot-wide Road-
    14  way);
    15    Thence east, along the south line of Buffalo Avenue produced from  the
    16  east (99-foot-wide Roadway) to the POINT OR PLACE of BEGINNING, contain-
    17  ing 1.77 acres more or less.
    18    §  4. In the event that the city of Niagara Falls received any funding
    19  support or assistance from the  federal  government  for  the  purchase,
    20  maintenance,  or improvement of the parklands set forth in section three
    21  of this act, the discontinuance and alienation of such parklands author-
    22  ized by the provisions of this act shall not occur  until  the  city  of
    23  Niagara  Falls  has complied with any federal requirements pertaining to
    24  the alienation or conversion  of  parklands,  including  satisfying  the
    25  secretary  of  the  interior  that the alienation or conversion complies
    26  with all conditions which the secretary of the interior deems  necessary
    27  to  assure  the  substitution of other lands shall be equivalent in fair
    28  market value and usefulness to the lands being alienated or converted.
    29    § 5. This act shall take effect immediately.