Bill Text: NY A09569 | 2011-2012 | General Assembly | Amended


Bill Title: Creates the four Orangetown public library districts; modifies the boundaries; authorizes individual libraries to apply for appropriations on an individual basis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-12-17 - signed chap.494 [A09569 Detail]

Download: New_York-2011-A09569-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9569--A
                                 I N  A S S E M B L Y
                                    March 16, 2012
                                      ___________
       Introduced by M. of A. JAFFEE -- read once and referred to the Committee
         on  Libraries and Education Technology -- reported and referred to the
         Committee on Ways and Means --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to create the Orangetown public library districts and to repeal
         chapter 349 of the laws  of  1973,  relating  to  creating  a  library
         district in the town of Orangetown in the county of Rockland
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Notwithstanding the  provisions  of  any  other  law,  four
    2  library  districts  are  hereby established in the town of Orangetown in
    3  the county of Rockland outside the limits of  any  incorporated  village
    4  which,  except  as  hereinafter  provided, shall be co-terminus with the
    5  area or areas served by the public library established pursuant to chap-
    6  ter 816 of the laws of 1961. The districts created by this act shall  be
    7  designated  and  consist  of  the  areas  described  in subdivisions (a)
    8  through (d)  of  this  section.  Each  district  shall  provide  library
    9  services  in its own district as well as to the residents of Sparkill as
   10  delineated in subdivision (e) of this section.
   11    (a) Blauvelt: Beginning at a point determined by the  intersection  of
   12  Western  Highway and Convent Road running thence in a westerly direction
   13  along the center line of Convent Road to  the  intersection  of  Convent
   14  Road and the Hackensack River, turning and running thence in a northerly
   15  direction along the Hackensack River to its intersection with the south-
   16  erly boundary of the Town of Clarkstown, Rockland County, New York which
   17  being  likewise  the  northerly boundary line of the Town of Orangetown,
   18  Rockland County, New York and running thence along said boundary line in
   19  an easterly direction to the Nyack, South Nyack boundary  line,  turning
   20  and  running  thence  along the South Nyack boundary line in a southerly
   21  direction to its intersection with Tweed Blvd.  thence along the easter-
   22  ly side of Tweed Blvd. to its intersection with Clausland Mountain Road,
   23  turning and running thence in a westerly direction along the center line
   24  of said Clausland Mountain Road to its intersection with Greenbush Road,
   25  turning and running in a southerly direction along the  center  line  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03992-03-2
       A. 9569--A                          2
    1  Greenbush  Road to its intersection with Mountain View Road, turning and
    2  running thence in a westerly direction along  the,  centerline  of  said
    3  Mountain  View  Road  to  Western Highway, turning and running northerly
    4  along  the centerline of Western Highway to the point or place of begin-
    5  ning; containing all the lands within the said bounds,
    6    (b) Tappan: Beginning at the New York-New Jersey  State  Line  in  the
    7  vicinity  of  Sparkill  Creek and running in a northerly direction along
    8  the said Sparkill Creek to its intersection with  the  Palisades  Inter-
    9  state  Parkway, turning and running thence in a north westerly direction
   10  along the western side of said parkway  to  its  intersection  with  the
   11  Piermont  Branch  of  the  Erie Railroad turning and running thence in a
   12  northerly direction along the center line of said Railroad  right-of-way
   13  to  its  intersection  with New York State Route 303 turning and running
   14  thence in a southerly direction along the center line of said route  303
   15  to  its  intersection with the Palisades Interstate Parkway, turning and
   16  running thence in a north westerly direction along the western or Hudson
   17  River side of said parkway to its  intersection  with  Western  Highway,
   18  turning  and  running  thence  in a southerly direction along the center
   19  line of said Western Highway to its intersection with Low Lane,  turning
   20  and  running thence in a westerly direction along the center line of Low
   21  Lane to its intersection with Stockade Road, turning and running  thence
   22  along  the center line of Stockade Road in a south westerly direction to
   23  its intersection with West Hillwood Avenue, turning and  running  thence
   24  in  a  south  westerly direction approximately 525 feet along the center
   25  line of West Hillwood Avenue and an extension thereof to a  point  where
   26  it  intersects the western boundary line of Plot 17, Block 26, Map 24-1,
   27  turning and running thence along said boundary line in a south  easterly
   28  direction  approximately  330  feet to the north east corner of Plot 54,
   29  Block 19, Map 24-1 turning and running thence in a south westerly direc-
   30  tion approximately 700 feet along the northern boundary of said plot  to
   31  its  north  west  corner, turning and running thence in a south easterly
   32  direction first along the western boundary line of Plot  54,  Block  19,
   33  Map  24-1 and secondly along the eastern boundary line of Plot 14, Block
   34  26, on Maps 9 and 10 for a total approximate  distance  of  3,300  feet,
   35  turning  and  running  thence  in  a  south westerly direction along the
   36  southern boundary lines of Plots 13 and 14, Block 26,  Map  9,  approxi-
   37  mately  385  feet to its intersection with the New York-New Jersey State
   38  Line, turning and running in an easterly direction along said State line
   39  to the point or place of beginning, containing all the lands within  the
   40  said bounds;
   41    (c)  Palisades: Beginning at the New Jersey-New York State Line in the
   42  vicinity of the Sparkill Creek and  running  in  a  northerly  direction
   43  along  the  said  Sparkill  Creek to its intersection with the Palisades
   44  Interstate Parkway, turning and running thence easterly and crossing the
   45  Palisades Interstate Parkway and running along the southerly line of the
   46  Rockland Country Club still in an easterly  direction  continuing  along
   47  the  prolongation of the southerly line of the  Rockland Country Club in
   48  an easterly direction to the Hudson River, thence  southerly  along  the
   49  west  shore  of  the  Hudson  River  to  the New York State line, thence
   50  northwesterly along the New York - New Jersey State  line  approximately
   51  11,700 feet to the point or place of beginning, containing all the lands
   52  within said bounds.
   53    (d) Orangeburg: Beginning at a point formed by the intersection of the
   54  center lines of Western Highway and Low Lane, thence running in a north-
   55  erly  direction  along  the center line of Western Highway to the inter-
   56  section with the center line of the Palisades Interstate Parkway turning
       A. 9569--A                          3
    1  and running thence, in a south easterly direction along the center  line
    2  of the Palisades Interstate Parkway to its intersection with the easter-
    3  ly  side of Route 303, turning and running thence, in a northerly direc-
    4  tion  along  the easterly side of Route 303 to a point approximately 590
    5  feet north of the intersection of the northern  side  of  the  Palisades
    6  Interstate  Parkway  and Route 303, turning and running thence along the
    7  lot line of Plot 2, Block 13, Map 60 as follows in an easterly direction
    8  20 feet, thence in a northerly direction approximately 250 feet,  thence
    9  in  an  easterly direction approximately 465 feet, thence in a northerly
   10  direction approximately 340 feet, thence in  a  northeasterly  direction
   11  approximately  1000 feet-to the intersection of the extension of the lot
   12  line of the center line of the Erie  R.R.    right-of-way,  turning  and
   13  running  thence  in  an  easterly direction along the center line of the
   14  Erie R.R. Right-of-way to the property now or formerly belonging to  St.
   15  Agnes  Convent, turning and running thence, in a northeasterly direction
   16  along the St. Agnes property line to the center line  of  Cemetery  Lane
   17  (Kings  Hwy.), turning and running thence in an easterly direction along
   18  the center line of Cemetery Lane (Kings  Hwy.)  to  a  point  where  the
   19  southern  boundary  of Rockland Cemetery intersects Cemetery Lane (Kings
   20  Hwy.), turning and running thence, in a  northeasterly  direction  along
   21  the southern boundary of Rockland Cemetery, and as said line is extended
   22  in  the  same direction to the center line of Tweed Blvd. (also known as
   23  Highland Blvd.) turning and running  thence  in  a  northerly  direction
   24  along  the  center line of Tweed Blvd. to the intersection of the center
   25  lines of Tweed Blvd. and Clausland Mountain Road,  turning  and  running
   26  thence  in  a southwesterly direction along the center line of Clausland
   27  Mountain Road to a point, formed by the intersection of the center lines
   28  of Clausland Mountain Road, Greenbush Road and  Spruce  Street,  turning
   29  and  running  in  a  westerly  direction along the center line of Spruce
   30  Street and as said line is extended in the same direction to the  center
   31  line  of  the Right-of-Way of the West Shore Branch of the N. Y. Central
   32  R.R., turning and running thence in a southwesterly direction to a point
   33  formed by the intersection of the center lines of Convent Road and West-
   34  ern Highway turning and running thence in a westerly direction along the
   35  center line of Convent Road to a point opposite the east boundary of the
   36  Rockland State Hospital property, turning and running thence in a south-
   37  erly direction along the Rockland State Hospital property line, crossing
   38  Friel Road to a point formed by the  intersection  of  the  eastern  and
   39  southern  boundary  lines of Rockland State Hospital, (which point is on
   40  the westerly side of what is or was  formerly  known  as  West  Hillwood
   41  Avenue), running thence in a southerly direction along the westerly side
   42  of West Hillwood Avenue to its intersection with the center line of what
   43  is or was formerly known as Stockade Road, turning and running thence in
   44  a northeasterly direction along the center line of said Stockade Road to
   45  the  intersection  with the center line of what is or was formerly known
   46  as Avenue A, turning and running thence in a southerly  direction  along
   47  the center line of Avenue A, to its intersection with the center line of
   48  Low  Lane, turning and running in an easterly direction along the center
   49  line of Low Lane to the point or place of beginning, containing all  the
   50  lands within the said bounds; provided, however, that the area described
   51  in  clause  (d) hereof shall become a part of such district only at such
   52  time as a free association library is chartered by the boards of regents
   53  of the university of the state of New York to furnish library service in
   54  such area.
   55    (e) Sparkill: Beginning at the intersection of the Sparkill Creek  and
   56  the  Palisades  Interstate  Parkway  running  thence  in a northwesterly
       A. 9569--A                          4
    1  direction along the western side of said  Parkway  to  its  intersection
    2  with the Piermont Branch of the Erie Railroad turning and running thence
    3  in a northerly direction along the centerline of said Railroad right-of-
    4  way  to  the  property  now  or formerly belonging to St. Agnes Convent,
    5  turning and running thence, in a northeasterly direction along  the  St.
    6  Agnes property line to the centerline of Cemetery Lane (King's Highway),
    7  turning and running thence in an easterly direction along the centerline
    8  of  Cemetery  Lane (King's Highway) to point where the southern boundary
    9  of Rockland Cemetery intersects Cemetery Lane (King's Highway),  turning
   10  and  running  thence,  in  a  northeasterly direction along the southern
   11  boundary of Rockland Cemetery to a point on the Piermont Boundary  Line,
   12  turning  and running thence along the Piermont boundary line in a south-
   13  erly direction approximately 800 feet, thence in a southwesterly  direc-
   14  tion  along the Piermont boundary line approximately 650 feet, thence in
   15  a southerly direction along the Piermont boundary line approximately 825
   16  feet, thence in southwesterly direction along the Piermont boundary line
   17  approximately 1930 feet, thence in a southeasterly direction  along  the
   18  Piermont boundary line approximately 1460 feet, thence in a northeaster-
   19  ly direction along the Piermont boundary line approximately 6550 feet to
   20  a point on the eastern boundary line or Hudson River side of Orangetown,
   21  turning  and  running  thence  along the eastern boundary line or Hudson
   22  River side of Orangetown in a southerly direction to a point  where  the
   23  prolongation  of  the  southerly line of the Rockland Country Club meets
   24  the easterly boundary line of Orangetown and turning and running  thence
   25  westerly  along  said prolongation of the southerly line of the Rockland
   26  County Club and continuing across the Palisades  Interstate  Parkway  to
   27  the  point  or  place  of beginning, containing all the lands within the
   28  said bounds; provided, however, that the area described in this subdivi-
   29  sion shall not be a library district but may use  the  library  services
   30  provided  by  the  four  library districts described in subdivisions (a)
   31  through (d) of this section.
   32    S 2. The town board of the town of Orangetown is hereby authorized  to
   33  raise  money  by tax for library purposes and to contract with the trus-
   34  tees of any free association library which has received a  charter  from
   35  the  board of regents of the university of the state of New York for the
   36  furnishing of library services  in  the  areas  comprising  the  library
   37  districts created by this act, under such terms and conditions as may be
   38  stated  in  such  contract.  Such tax shall be a charge upon the taxable
   39  property of the areas comprising such library districts as well  as  the
   40  Sparkill  area  delineated in subdivision (e) of section one of this act
   41  outside of the limits of any incorporated village. The town board  shall
   42  distribute  the  money  raised  by  tax in the Sparkill area to the four
   43  library districts in amounts proportionate to the use Sparkill residents
   44  make of each library as shown  by  the  number  of  residents  who  hold
   45  current library cards in each library.  Taxes voted for library purposes
   46  pursuant  to this section shall, unless otherwise directed by such vote,
   47  be considered as annual appropriations therefor until changed by further
   48  vote and shall be levied and collected yearly as are other general taxes
   49  in the town of Orangetown and shall be  subject  to  the  provisions  of
   50  section  3-c of the general municipal law, which places limits upon real
   51  property tax levies by local governments.  The amount agreed to be  paid
   52  to  a  free  association library for furnishing library services under a
   53  contract authorized by this section shall be paid directly to the treas-
   54  urer of such library.
   55    S 3. The free association libraries located in  the  areas  comprising
   56  the  library  districts created by this act shall individually submit on
       A. 9569--A                          5
    1  or before the twentieth day of September to the supervisor of  the  town
    2  of Orangetown a request for funds for each such free association library
    3  for  the  ensuing  year,  in  such  form and containing such information
    4  including  estimates  of  revenues  and  expenditures as such supervisor
    5  shall prescribe. The procedures of sections 106, 107,  108  and  109  of
    6  article  8 of the town law shall apply to the adoption of appropriations
    7  for library purposes in the annual budget of such  town,  provided  that
    8  the  appropriations  adopted  for  any  such library and the request for
    9  funds submitted on behalf of such library shall be based on the individ-
   10  ual needs for every such library; nothing in this  act  is  intended  to
   11  make  any  free association library subject to any provision of the town
   12  law applicable to an "administrative unit" of town government; and it is
   13  further provided, that the town board shall, within  the  parameters  of
   14  the  town  law,  be permitted to exercise its discretion with respect to
   15  total amount appropriations adopted for each  library  for  the  ensuing
   16  year.    The amount appropriated for each free association library shall
   17  be paid over to the treasurer of the library and shall be expended  only
   18  under the direction of the library trustees for lawful library purposes.
   19    S  4.  If on the effective date of this act the public library created
   20  pursuant to chapter 816 of the laws of  1961  has  not  transferred  any
   21  assets it may hold to a free association library or libraries located in
   22  the  library  districts created pursuant to section one of this act, the
   23  disposition of any such assets shall  be  determined  by  the  board  of
   24  regents  of  the university of the state of New York, provided, however,
   25  that any such assets shall to the extent possible be held in  trust  for
   26  transfer  forthwith  (a)  to  any  free  association library which shall
   27  subsequently be chartered by the board of regents of the  university  of
   28  the  state  of  New  York  in the areas comprising the library districts
   29  created by section one of this act, or (b) to any public library  estab-
   30  lished  pursuant  to section 255 of the education law to serve the South
   31  Orangetown Central School District Number One.
   32    S 5. Chapter 349 of the laws of 1973, relating to creating  a  library
   33  district  in  the  town  of  Orangetown  in  the  county of Rockland, is
   34  REPEALED.
   35    S 6. This act shall take effect immediately.
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