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Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
YEAR
CHAPTER
SUBJECT MATTER
1826
73
Creation of Town of Fallsburgh
1829
359
Division Line between Towns of Fallsburgh and Neversink clarified
1838
134
Fallsburgh Turnpike Company incorporated
1845
173
Fallsburgh and Liberty Turnpike Road Company incorporated
1846
217
Fallsburgh and Liberty Turnpike Road Company charter amended
1848
323
Fallsburgh and Liberty Turnpike Road Company charter amended
1849
336
Fallsburgh and Liberty Turnpike Road Company charter amended
1854
70
Extension of time to collect Town taxes
1856
160
Authorization of commissioners of highways to assess highway labor on the Fallsburgh and Liberty Turnpike Road
1878
298
Lands in Town released to Jane Barry
1881
495
Abolition of office of railroad commissioner, etc.
1888
253
Time to collect taxes extended
1901
356
Issue of bonds to retire outstanding debts authorized
1905
40
Authorization of Town to acquire plank and turnpike roads[1]
1906
315
Authorization of Town to acquire toll plank roads and turnpikes
1908
397
Railroad bonds, payment of interest
1917
67
Certificates of indebtedness for bridge & highway purposes legalized
1920
342
Unpaid taxes in 1916-1918, reassessment and collection
1925
84
Unpaid taxes, 1920-1922, reassessment and collection
1933
737
Assessment of state lands for school purposes
1936
794
Authorizing payment of claims, 1933 to 1935
1942
388
Bond issue authorized for judgments, claims, fees, etc. for S. Fallsburgh Water District
1948
725
Highway claims, audit and payment authorized
1952
696
Park district, golf course, establish
1953
819
Mountaindale fire district authorized to borrow money because of failure to levy taxes for 1953
1953
656
Expediting establishment of the Fallsburg public parking district
1954
595
Sale of lands to Town for Woodbourne sewer district authorized
1954
657
Highway construction claims, payment, etc., authorized
1956
335
Public parking district
1956
790
Conveyance of state lands for use as public parking facility
1958
802
Acquisition of land for park district
1958
834
Payment of certain claims, financing, etc.
1958
840
Fallsburgh public parking district, improvement of buildings
1958
959
Penalty payments for neglect to pay county or Town taxes; added to RPTL § 1510
1960
403
Central School Dist. #1, appropriation by state to pay certain monies
1960
842
Police Department, authority for establishment, amds Town L § 150(1)
1964
858
Town authorized to convey land to Sullivan County for Sullivan County community college
1966
797
Fallsburgh Urban Renewal Agency [Adds Gen Mun L § 624]
1966
995
Fallsburgh Housing Authority [Adds Pub1 Housing L § 492]
1968
798
Name of Town of Fallsburgh changed to Town of Fallsburg
1972
792
Position of Town Manager created
1974
165
Real Property Tax Law amended in relation to penalty tax payments (§ 1508 amended; § 1510 repealed)
1978
179
Creation of Fallsburg Industrial Development Agency [adding General Municipal Law § 925-e]
1994
382
Membership of certain police officers in retirement system
1995
258
Authorizing the dissolution of the Fallsburg Park District
2004
198
Authorizing the Town to discontinue the use of certain lands as park lands
[1]
Editor's Note: Repealed by L. 1906, c. 315.
[Passed 3-9-1826]
An Act to Erect a New Town from Parts of the Towns of Thompson and Nevisink, in the County of Sullivan.
1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That from and after the passage of this act, all those parts of the towns of Thompson and Nevisink, in the county of Sullivan, comprehended within the following boundaries, that is to say: Beginning at the north east corner of the said Town of Thompson, on the line of Ulster county, and running thence southwardly, along the west line of the Town of Mamakating, to the southwardly boundary line of great lot number one, in the Hardenburgh patent; thence westwardly along the said southwardly line of the said great lot number one, to the middle of the Nevisink river; thence northwardly along the middle of the said river, to the south line of division number nineteen of said great lot number one; thence westwardly along said south line of the said division, to the south west corner thereof; thence northwardly along the west bounds of divisions numbers nineteen, twenty, twenty-one, twenty-two and twenty-three, to the south line of great lot number two in the patent aforesaid; thence westwardly along the aforesaid south line, to the southwestwardly corner of division number three in said great lot number two; thence northwardly along the west line of said division number three to the line of the Town of Liberty; thence along the present boundary lines of the towns of Thompson, Liberty and Nevisink, to the northwest corner of division number three in the third allotment of great lot number three in the patent aforesaid; thence eastwardly along the north line of said division number three to the west bounds of the farm of Thomas Hardenburgh; thence along the northwardly and westwardly bounds of the said farm, to the north line of great lot number three above mentioned; thence eastwardly along said north line, to the boundary line of Ulster county; thence southwardly and eastwardly along said boundary line, to the place of beginning, shall be, and is hereby declared and constituted a separate Town by the name of Fallsburgh; and that the first Town-meeting to be held in and for the said Town, shall be held at the school house near the Nevisink falls, on the first Tuesday of April next, and that the annual Town-meetings of the said Town shall be held on the first Tuesday of March in each and every year thereafter.
2. And be it further enacted, That all that part of the said Town of Thompson, not comprehended within the boundaries herein before mentioned, shall be and continue a separate Town, by the name of Thompson; and all that part of the said Town of Nevisink, not comprehended within the said boundaries, shall be and remain a separate Town by the name of Nevisink.
3. And be it further enacted, That as soon as may be after the first Town-meeting shall have been held in the said Town of Fallsburgh, and upon ten days notice being given, the supervisors and overseers of the poor of the said towns of Thompson, Nevisink and Fallsburgh, shall meet together at the place of holding the Town-meeting in the said Town of Fallsburgh, and shall divide the money and poor belonging to the said towns of Thompson, Nevisink and Fallsburgh in proportion to the last tax list, as the same shall have been assessed upon the inhabitants living within the boundaries of the said towns respectively.
4. And be it further enacted, That the justice or justices of the peace appointed or to be appointed according to law, and residing within the limits of the said Town of Fallsburgh, shall be justices of the peace of the said Town, in the same manner as if they had been specially appointed for the said Town.
[Passed May 4, 1829]
An Act Relative to the Division line Between the Towns of Fallsburgh and Neversink, in the County of Sullivan.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. The extent and limits of the Town of Fallsburgh, in the county of Sullivan, and the division line between said Town and the Town of Neversink, shall continue to be as heretofore established by the act entitled "An act to erect a new Town from parts of the towns of Thompson and Neversink, in the county of Sullivan," passed March 9th, 1826, that is to say: The said division line shall commence at the northwest corner of division number three, in the third allotment of great lot number three in the Hardenburgh patent, and shall run thence easterly along the north line of said division number three, to the west bounds of the farm now or late of Thomas Hardenburgh; thence along the northerly and westerly bounds of said farm, to the north line of great lot number three, in the aforesaid patent; then easterly along said north line to the boundary line of the county of Ulster; and so much of the second Chapter of the First Part of the Revised Statutes as is repugnant hereto, shall be and the same is hereby repealed.
[Passed 3-9-1905; repealed by L. 1906, c. 315]
An Act to Authorize the Towns of Bethel, Thompson, Fallsburgh, Neversink, Liberty and Mamakating in Sullivan County, to Acquire by Purchase or Condemnation, the Rights, Franchises and Property of any Individual or Corporation Lawfully Entitled to Exact a Toll or Charge for Walking, Riding or Driving Over any Plank Road or Turnpike within Said Towns, and to Provide Means for the Payment of the Same.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. The towns of Bethel, Thompson, Fallsburgh, Neversink, Liberty and Mamakating, in the county of Sullivan, may, in the manner hereinafter provided, determine to acquire the rights, franchises and property of any individual or corporation, lawfully entitled to exact a toll or charge for walking, riding or driving over any plank road or turnpike, within said towns.
§ 2. Upon the petition of twenty of the resident taxpayers, whose names appear as such upon the last preceding assessment roll, filed with the Town Clerk thirty days preceding any biennial Town meeting hereafter to be held in said towns, or either of them, the Town Clerk shall prepare and submit to the electors thereof at the next biennial Town meeting, in the manner now provided by law, a resolution upon the question of whether such Town shall acquire by purchase or condemnation, the rights, franchises and property of any individual or corporation, lawfully entitled to exact a toll or charge for walking, riding or driving over any plank road or turnpike wholly within such Town, or wholly within two or more towns all of which determine to acquire the franchises and property of such individual or corporation therein, in pursuance of this act. If the franchises and property of any individual or corporation are not wholly within one Town, the proceedings for the acquisition thereof within any Town shall be void, unless all of the towns within which such franchises and property are located adopt a resolution pursuant to this act. Such resolution shall specify the maximum amount to be expended by the Town in the acquisition of such franchises and property, and whether the proportion of the expense thereof payable by the Town is to be met by one annual payment, or by the issue of bonds as hereinafter authorized, and if by the issue of bonds, the term of such bonds, and whether the same are to be paid by the Town in one year, or by annual installments to be specified in the resolution.
§ 3. If said resolution shall be adopted by a majority vote, the Town board of such Town is authorized to and shall acquire such rights, franchises and property within such Town by purchase, if able to agree with the owners, and otherwise by condemnation, in the name of the Town.
§ 4. Any turnpike or plank road corporation may, by the affirmative vote of stockholders owning a majority of the stock thereof, expressed in writing, or at a special meeting of the stockholders of such corporation held upon written notice of at least ten days to all the stockholders thereof, authorize the board of directors or trustees, to dispose of the rights, franchises and property of such corporation within said towns, or either of them, pursuant to this act, for a specified sum; and thereupon the board of directors or trustees of such corporation may convey and sell such rights, franchises and property to the said towns, or either of them, accordingly.
§ 5. The Town board of said towns are hereby authorized to borrow money for the purpose of paying for such rights, franchises and property, and may issue bonds in the manner provided by law, or other evidence of indebtedness of the Town therefor, but such bonds or other evidence of indebtedness shall not bear a rate of interest exceeding five per centum and shall not run for a longer period than twenty years, and shall not be sold for less than par.
§ 6. All turnpikes and plank roads acquired by said towns, or either of them, under the provisions of this act, shall be opened and maintained as free public highways, and shall become and be a part of the highway system of such Town.
§ 7. Upon the acquisition by said towns, or either of them, of any plank road or turnpike under the provisions of this act, the Town board shall certify the cost thereof to the board of supervisors of Sullivan county and thereupon said board of supervisors are authorized and directed, to levy upon the taxable property in said county, in the same manner as other county charges are levied and collected, one-sixth of the cost thereof and pay the same, when collected, to the supervisor of such Town or towns to be applied by him in the payment of the principal and interest on the indebtedness issued to pay for the same.
§ 8. This act shall take effect immediately.
[Became a law, March 9, 1905, with the approval of the Governor. Passed, three-fifths being present.]
[Passed 4-24-1906]
An Act to Authorize the Towns of Bethel, Thompson, Fallsburgh, Neversink, and Mamakating, in Sullivan County, to Acquire by Purchase or Condemnation, the Rights, franchises and Property of any Individual or Corporation Lawfully Entitled to Exact a Toll or Charge for Walking, Riding or Driving over any Plank Road or Turnpike within Said Towns, and to Provide Means for the Payment of the Same, and Repealing Chapter 40 of the Laws of 1905 Relating Thereto.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. The towns of Bethel, Thompson, Fallsburgh, Neversink, and Mamakating, in the county of Sullivan, may, in the manner hereinafter provided, severally determine to acquire the rights, franchises and property, within the Town so deciding, of any individual or corporation, lawfully entitled to exact a toll or charge for walking, riding or driving over any plank road or turnpike within said towns or either of them.
§ 2. Upon the petition of twenty of the resident taxpayers, whose names appear as such upon the last preceding assessment roll, filed with the Town Clerk thirty days preceding any biennial Town meeting, or filed at any time after a biennial Town meeting and not later than four months prior to the next biennial meeting in case the petition prays for the calling of a special Town meeting, hereafter to be held in said towns, or either of them, the Town Clerk shall prepare and submit to the electors thereof at the next biennial Town meeting, or a special Town meeting to be called for the purpose, in the manner now provided by law, a resolution upon the question of whether such Town shall acquire by purchase or condemnation, the rights, franchises and property within such Town of any individual or corporation, lawfully entitled to exact a toll or charge for walking, riding or driving over any plank road or turnpike wholly within such Town, or wholly within two or more of such towns in pursuance of this act. Such resolution shall specify the maximum amount to be expended by the Town in the acquisition of such franchises and property, and whether the expense thereof is to be met by one annual payment, or by the issue of bonds as hereinafter authorized, and if by the issue of bonds, the term of such bonds, and whether the same are to be paid by the Town in one year, or by annual instalments to be specified in the resolution.
§ 3. If said resolution shall be adopted by a majority vote, the Town board of such Town is authorized to and shall acquire such rights, franchises and property within such Town by purchase, if able to agree with the owners, and otherwise by condemnation, in the name of the Town.
§ 4. Any turnpike or plank road corporation may, by the affirmative vote of stockholders owning a majority of the stock thereof, expressed in writing, or at a special meeting of the stockholders of such corporation held upon written notice of at least ten days to all the stockholders thereof, authorize the board of directors or trustees, to dispose of the rights, franchises and property of such corporation within said towns, or either of them, pursuant to this act, for a specified sum; and thereupon the board of directors or trustees of such corporation may convey and sell such rights, franchises and property to the said towns, or such rights, franchises and property within any single Town to such Town, accordingly.
§ 5. The Town board of said towns are hereby severally authorized to borrow money for the purpose of paying for such rights, franchises and property, and may issue bonds in the manner provided by law, or other evidence of indebtedness of the Town therefor, but such bonds or other evidence of indebtedness shall not bear a rate of interest exceeding five per centum and shall not run for a longer period than twenty years, and shall not be sold for less than par.
§ 6. All turnpikes and plank roads acquired by said towns, or either of them, under the provisions of this act, shall be opened and maintained as free public highways, and shall become and be a part of the highway system of each Town in which any plank road or turnpike or portion thereof so acquired is situated.
§ 7. Upon the acquisition by said towns, or either of them, of any plank road or turnpike under the provisions of this act, the Town board shall certify the cost thereof to the board of supervisors of Sullivan county and thereupon said board of supervisors are authorized and directed, to levy upon the taxable property in said county, in the same manner as other county charges are levied and collected, one-sixth of the cost thereof and pay the same, when collected, to the supervisor of such Town or towns to be applied by him in the payment of the principal and interest on the indebtedness issued to pay for the same.
§ 8. Chapter forty of the laws of nineteen hundred and five is hereby repealed.
§ 9. This act shall take effect immediately.
[Became a law, April 24, 1906, with the approval of the Governor. Passed, three-fifths being present.]
[Passed 4-15-1952]
An Act Authorizing the Town of Fallsburgh, Sullivan County, New York, to Create a Park District in Said Town, in the Manner Provided by the Provisions of the Town Law, for the Purpose of Constructing, Maintaining and Operating a Public Golf Course and Facilities, Authorizing the Charging of Fees for the Use of Such Facilities, and Providing for Other Matters in Connection Therewith.[1]
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. The Town board of the Town of Fallsburgh is hereby authorized to create a park district in such Town, outside of any incorporated village or city, the area of which such park district shall be less than the territorial limits of such Town, for the purpose of constructing, maintaining and operating within such park district a public golf course, a golf house and incidental facilities, including the acquisition of necessary land and rights of land. Such park district shall only be created in the manner provided by and pursuant to the provisions of article twelve of the Town law. When so created, it shall be deemed to be a park district created pursuant to the provisions of article twelve of the Town law and, except as herein provided by this chapter, the Town board, as the governing agency thereof, shall have all the powers and duties and shall be subject to the same limitations and conditions as are accorded to a Town board acting as the governing agency of a park district pursuant to said article twelve of the Town law. Nothing contained in this chapter shall be deemed to avoid or eliminate any of the requirements or procedure contained in said article twelve of the Town law relating to the creation of a park district.
§ 2. Notwithstanding the provisions of subdivision four of section one hundred ninety-eight of the Town law relating to the charges which may be imposed for the use of park facilities, the Town board of the Town of Fallsburgh, New York, after such park district shall have been established, may fix from time to time a schedule of charges for the use of such park facilities by all users, which schedule of charges may distinguish between different classes of users and may provide different charges for any or all of such classes as follows: (a) inhabitants who are taxpayers of the park district; (b) inhabitants who are not taxpayers of the park district; (c) non-residents of the park district who occupy for hire by the day, week, month or summer season, lodging facilities located in the park district; and (d) all other non-residents of the park district.
§ 3. This act shall take effect immediately.
[Became a law April 14, 1952, with the approval of the Governor. Passed, by a majority vote, three-fifths being present]
[1]
Editor's Note: See Chapter 258 of the Laws of 1995, which authorized the Town to dissolve the Fallsburg Park District.
[Passed 4-13-1953]
An Act to Authorize the Town Board of the Town of Fallsburg, Sullivan County, New York, to Expedite the Establishment of the Fallsburg Public Parking District in Said Town by Calling a Public Hearing for the Purpose of Making More Specific the Territorial Boundaries of Said Proposed Fallsburg Parking District and by Fixing Definitely the Boundaries of the Real Property to be Acquired as a Parking Field, and Further Providing That After Such Public Hearing the Town Board may Proceed with the Establishment of Such Proposed Parking District in the Manner Provided by the Town Law.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. The Town board of the Town of Fallsburg is authorized to adopt a resolution calling a public hearing for the purpose of making more specific the boundaries of the proposed district and to fix definitely the boundaries of the real property to be acquired as a parking area or field in such proposed parking district, provided, however, that the territorial boundaries of such district shall embrace substantially the same area as provided by the description of such proposed district contained in the written petition dated August nineteen, nineteen hundred fifty-two, requesting the creation of such public parking district. The Town board shall fix a date and place for such public hearing, shall publish a notice thereof at least once in the official newspaper of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set therein for the hearing as aforesaid, and shall also cause copies thereof to be posted conspicuously in five public places within the proposed district not less than ten nor more than twenty days before the day designated for the hearing as aforesaid. Such notice of hearing shall recite that a petition, dated on or about August nineteen, nineteen hundred fifty-two, for the establishment of the Fallsburg parking district was filed with said Town board, and that thereafter said Town board held a public hearing in the manner required by the Town law on the question of the establishment of such district; that said petition contained a general description of the boundaries of the proposed district which was not a metes and bounds description and that said petition did not describe the real property to be acquired as a parking area. Such notice of hearing shall further recite that the purpose of the proposed hearing is to fix such boundaries of the proposed district more specifically by a metes and bounds description and to describe the real property to be acquired as a parking area. Such notice shall set forth the proposed metes and bounds description of the boundaries of the proposed district and shall describe the real property proposed to be acquired for use as a parking area or parking field, and shall set forth the maximum amount proposed to be expended in the creation of said public parking district and the construction of said improvement as twenty thousand dollars. After such Town board shall have met and heard all persons interested in the subject thereof at such public hearing, said Town board may adopt an order pursuant to the provisions of section one hundred ninety-four of the Town law and for such purpose the petition heretofore filed shall be deemed to be amended nune pro tune to include the description of the boundaries of such proposed district and the description of the property proposed to be acquired as a parking area or field as set forth in such notice of hearing to all effects and purposes as if said descriptions had been included in such original petition. After the adoption of such order pursuant to the provisions of section one hundred ninety-four of the Town law, said Town may proceed with the creation of said public parking district in accordance with the provisions of the Town law.
§ 2. This act shall take effect immediately.
[Became a law April 13, 1953, with the approval of the Governor. Passed, by a majority vote, three-fifths being present]
[Passed 4-9-1954]
An Act Authorizing the Board of Commissioners of the Land Office to Sell and Convey Certain Lands of, and Easements in Other Lands of, Woodbourne Correctional Institution in the County of Sullivan, to the Town Board of the Town of Fallsburgh, for and on Behalf of Woodbourne Sewer District.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. For the purpose of promoting the public health of the inhabitants of the area to be affected and the objects and purposes of the Woodbourne sewer district in the Town of Fallsburgh, county of Sullivan and state of New York, the board of commissioners of the land office, upon written consent of the state commissioner of correction, is hereby authorized and empowered to sell and convey to the Town board of the Town of Fallsburgh, county of Sullivan and state of New York, for and on behalf of Woodbourne sewer district, the land and easements hereinafter described, upon such terms and conditions including consideration as the board of commissioners of the land office may fix and determine.
§ 2. The land and easements referred to in the preceding section of this act are the following:
(1)
The fee title to:
Parcel No. 1: All that piece or parcel of land situate, lying and being in the Town of Fallsburgh, county of Sullivan, state of New York, being a part of the lands of Woodbourne correctional institution, bounded and described as follows:
Beginning at a corner post set on the easterly boundary of the Monticello-Woodbourne, Part 2 Federal Aid Highway No. 8171, said post being S. 04° 10' 40" W. 244.84 feet distant from the southwest corner of the stone barn on the lands of Woodbourne correctional institution, said corner post also being S. 14° 09' 30" E. 14.08 feet distant from the northeast corner of a culvert headwall on said highway; thence S. 83° 52' E. 338.10 feet to a concrete monument; thence S. 06° 04' 10" E. 331.00 feet to a concrete monument; thence S. 83° 55' 50" W. 225.00 feet to a concrete monument; thence S. 68° 34' 20" W. 49.43 feet to a fence post set on the easterly boundary of said highway; thence northerly along the last mentioned highway boundary 423± feet to the point of beginning; being 2.87 acres more or less.
(2)
Easements for the purpose of constructing, reconstructing and maintaining thereon inlet and/or outlet sewers beneath the surface of the ground of the following described pieces or parcels of land situate in the Town of Fallsburgh, county of Sullivan, state of New York and being a part of the lands of Woodbourne correctional institution:
ROW Parcel No. 1: Commencing at a concrete monument set on the Southeasterly corner of the above described fee Parcel No. 1; thence S. 83° 55' 50" W. along the southerly boundary of said parcel 94.92 feet to the point of beginning; thence from the point of beginning S. 16° 34' 50" E. 1129.82 feet to a point; thence S. 72° 13' 10" W. 43.19 feet to a point on the westerly boundary of the land of Woodbourne correctional institution; thence N. 23° 00' W. along the last mentioned boundary 10.03 feet to a point; thence N. 72° 13' 10" E. 34.30 feet to a point; thence N. 16° 34' 50" W. 1122.06 feet to a point on the southerly boundary of the above described fee Parcel N. 1; thence easterly along the last mentioned boundary 10.17 feet to the point of beginning.
ROW Parcel No. 2A: Commencing at a concrete monument set on the Northwesterly corner of the above described fee Parcel No. 1; thence S. 83° 52' E. along the northerly boundary of said parcel 282.70 feet to the point of beginning; thence from the point of beginning N. 29° 53' 20" E. 1140.49 feet to a point on the northerly boundary of the lands of the Woodbourne correctional institution; thence S. 89° 58' E. along the last mentioned boundary 457.87 feet to a point on the westerly boundary of the above mentioned lands; thence S. 89° 58' E. 87.13 feet to a point on the westerly edge of the Neversink river; thence southerly along the westerly edge of said river 10.00 feet to a point; thence N. 89° 58' W. 538.00 ± feet to a point; thence S. 29° 53' 20" W. 1130.31 feet to a point on the northerly boundary of the above described fee Parcel No. 1; thence N. 83° 52' W. along the last mentioned boundary 10.93 feet to the point of beginning.
ROW Parcel No. 2B: Commencing at a point on the westerly edge of the Neversink river at the northeast corner of the above described ROW Parcel No. 2A; thence S. 89° 58' E. 124.00 feet to a point on the easterly edge of said river, being the point of beginning; thence S. 89° 58' E. 47.87 feet to a point; thence N. 72° 29' E. 157.00 feet to a point on the westerly boundary of Riverside Drive; thence S. 15° 24' 20" E. along the last mentioned boundary 10.01 feet to a point; thence S. 72° 59' W. 158.17 feet to a point; thence S. 89° 58' W. 50.62 feet to a point on the easterly edge of the Neversink river; thence northerly along the last mentioned edge of said river 10.00 feet to the point of beginning.
ROW Parcel No. 3: Commencing at a concrete monument set on the northeasterly corner of the above mentioned fee Parcel No. 1; thence S. 06° 04' 10" E. along the easterly boundary of said parcel 237.00 feet to the point of beginning; thence from the point of beginning N. 83° 55' 50" E. 1050.00 feet to a point on the westerly edge of the Neversink river; thence southerly along the last mentioned edge of river 10.77 feet to a point; thence S. 83° 55' 50" W. 1054.00 feet to a point on the easterly boundary of the above described fee Parcel No. 1; thence N. 06° 04' 10" W. along the last mentioned boundary 10.00 feet to the point of beginning.
All bearings referred to magnetic north as magnetic needle pointed 1932, A. D.
§ 3. The conveyance of the land and easements herein authorized shall be approved as to form and manner of execution by the attorney general, and the same shall not be effective unless so approved by him.
§ 4. This act shall take effect immediately.
[Became a law April 9, 1954, with the approval of the Governor. Effective April 9, 1954.]
[Passed 4-4-1956]
An Act to Authorize the Town Board of Fallsburgh, Sullivan County, New York, to Acquire and Improve Additional Property for the Fallsburgh Public Parking District in Such Town.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. Whenever the Town board of the Town of Fallsburgh, Sullivan county, New York, shall determine it necessary to acquire and improve additional property for the purposes of the Fallsburgh public parking district in such Town, such Town board shall adopt a resolution and enter the same in the minutes of its proceedings, describing in general terms the additional property to be acquired and the improvement proposed, specifying separately the maximum amount proposed to be expended for such acquisition and for such improvement, and fixing a time when and place where such Town board will meet to hear all persons interested therein. Notice of such public hearing shall be given in the manner and within the time provided in section two hundred two-b of the Town law.
§ 2. If such Town board shall determine, after such public hearing and upon the evidence given thereat, that it is in the public interest to acquire and improve such additional property, such Town board shall adopt a resolution approving the same.
§ 3. Within ten days after the adoption of such resolution, an application shall be made to the state comptroller for permission to acquire and improve such additional property. In so far as possible, such application shall be executed and filed, and the permission of the state comptroller shall be granted or denied, in the form and manner provided in, and subject to the restrictions of, subdivisions three and four of section one hundred ninety-four of the Town law, except that the state comptroller shall not be required to give notice of the filing of such application to the board of supervisors of Sullivan county, and the fifteen day period specified in such subdivision four shall be computed from the date of filing of the application with the state comptroller.
§ 4. If the state comptroller shall deny permission for the acquisition and improvement of such additional property, such Town board shall not authorize the same. If the state comptroller shall grant his permission therefor, such Town board may proceed to acquire such additional property in the name of such district, by purchase, condemnation, or lease, and improve the same, subject to the provisions of section one hundred ninety-seven of the Town law. The costs of such acquisition and improvement shall not exceed the amounts proposed to be expended therefor as specified in the resolution adopted pursuant to section one of this act, and such costs shall be financed, and assessments therefor levied and collected, in the same manner provided for original improvements in such district.
§ 5. This act shall take effect immediately.
[Became a law April 4, 1956, with the approval of the Governor. Effective April 4, 1956.]
[Passed 4-18-1956]
An Act to Authorize the Board of Commissioners of the Land Office to Lease or to Sell or Convey Certain State Lands in the Town of Fallsburgh, Sullivan County, for Use as a Public Parking Facility.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. With the consent of the commissioner of correction, the board of commissioners of the land office is hereby authorized, upon such terms and conditions, including consideration, as it deems proper, to lease for term not exceeding ten years or to sell and convey to the Town of Fallsburgh, Sullivan county, or to the Town board of said Town for any public parking district, within such Town now existing or hereinafter created, a portion of the lands owned by the state of New York and now used for the purpose of Woodbourne correctional institution, for use by such Town or public parking district as a public parking facility.
§ 2. The superintendent of public works shall cause the lands to be leased or sold and conveyed as authorized in section one of this act to be surveyed and the same may be leased or sold and conveyed according to such survey.
§ 3. This act shall take effect immediately.
[Became a law April 18, 1956, with the approval of the Governor. Effective April 18, 1956.]
[Passed 4-16-1958]
An Act to Authorize the Town Board of the Town of Fallsburgh to Acquire Certain Real Property for the Purposes of the Fallsburgh Park District in Such Town.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. Notwithstanding the provisions of article twelve of the Town law or chapter six hundred ninety-six of the laws of nineteen hundred fifty-two, the Town board of the Town of Fallsburgh, in lieu of acquiring the real property proposed to be acquired for the purposes of the Fallsburgh park district in such Town, as described in the petition for the establishment of such district, may, subject to the requirements of section two of this act, acquire the real property hereinafter described for the purpose of constructing, maintaining and operating thereon a public golf course, a golf house and incidental facilities for such district; provided, however, that nothing herein contained shall authorize such Town board, in acquiring and improving such real property, to expend in excess of the maximum amount proposed to be expended for the acquisition of real property and the improvement thereof as stated in such petition. Such real property authorized to be acquired by this act is bounded and described as follows:
All that tract or parcel of land situate in the Town of Fallsburgh, County of Sullivan and State of New York, bounded and described as follows:
Beginning at the point of intersection at the center of traveled way of the Hurleyville-Loch Sheldrake road with the center of traveled way of the Fallsburgh-Liberty road and running thence along said center of traveled way of the Hurleyville-Loch Sheldrake Road in a northerly direction 1872 feet to a point in range with a stone wall on the southerly bounds of a parcel of land formerly owned by Shlesinger (see liber 555 page 350) thence leaving said road and running thence along said wall N 87° 27' E 427.3 feet; thence S 69°-05' E 65.5 feet; thence N 20°-53' E 432.4 feet, thence S 66° 07' E 100.0 feet; thence N. 28°-25' E about 390 feet to a stone wall on the southerly bounds of Evans; thence along said wall and a continuation thereof about S 63°-40' E 2550± feet to the center of Sheldrake Stream at the northeasterly corner of the "Shindler Farm"; thence S 36° 40' E 1300± feet to a point one foot from the high water mark of Morningside Lake; thence following said line (one foot from said high water line) around the northerly shore of said Lake in a westerly and then southerly direction about 4400± feet; thence S 49°-16' W about 370 feet to the center of traveled way of the Fallsburgh-Liberty Road. The last course passes parallel to and 100 feet measured at right angles from the exterior of the north westerly wall of the Morningside Hotel swimming pool. Thence running along the center of traveled way of the Fallsburgh-Liberty Road 1755 feet to the point or place of beginning containing 175 acres to be the same more or less.
Bearings referred to are magnetic as of May 1946.
All that tract or parcel of land situate in the Town of Fallsburgh, County of Sullivan and State of New York being a 50.0 foot right-of-way for the purpose of ingress and egress in common with the grantor and their assigns, across a portion of the "Mitchell Efromson Farm" (see liber 524 Page 105) the center line of which is described as follows:
Beginning at the intersection of the center of traveled way of the road leading from Route 52 to said "Efromson Farm" with the northerly bounds of said farm and running thence along said center of traveled way S 66°-00' W 289 feet; thence leaving said traveled way and running N 84° 00' W 571 feet to a point in range with a fence line; thence to and along said fence line S 61°-12' W about 470± feet to the northerly bounds of the above described 175 acre tract of land.
Bearings are referred to a bearing of S 62°-52' E of a stone wall evidencing a portion of the northerly bounds of said farm.
Together with the perpetual right to draw and use water from Hill's Mill Pond, also known as Morningside Lake, for the purpose of irrigation for the use, operation and maintenance of a golf course, golf club and incidental facilities located on the premises hereinbefore described.
Also the right to draw and use water from a spring located at the northwesterly corner of premises formerly known as the Shindler farm and more particularly described in a deed recorded in the Sullivan County Clerk's Office in Liber 319 of Deeds at page 463 for drinking purposes in connection with the use, operation and maintenance of said golf course and facilities.
§ 2. Such Town board may acquire the real property described in section one of this act only after a public hearing, notice of which shall be published and posted in the manner prescribed in section one hundred ninety-three of the Town law. Such notice shall contain a description of the real property to be acquired as set forth in section one of this act, shall state in substance that the Town board proposes to acquire such real property in lieu of acquiring the real property proposed to be acquired for the purposes of such district as described in the petition for the establishment of such district, and shall specify the time when and the place where such Town board will meet to hear all persons interested in the subject matter thereof. If the Town board shall decide, after such hearing and upon the evidence given thereat, that it is in the public interest to acquire the real property as described in section one of this act and in the notice of such public hearing, such Town board may proceed to acquire such real property and improve the same for the purposes of such district as authorized by this act.
§ 3. Nothing herein contained shall be deemed or construed to prohibit such Town board from proceeding with the acquisition of the real property proposed to be acquired for such district as described in the petition for the establishment of such district in the event such Town board does not acquire the real property described in section one of this act.
§ 4. This act shall take effect immediately.
[Became a law April 16, 1958, with the approval of the Governor. Effective April 16, 1958.]
[Passed 4-18-1958]
An Act to Authorize the Fallsburgh Public Parking District of the Town of Fallsburgh, Sullivan County, New York, to Improve and Reconstruct Certain Buildings or Parts of Buildings Owned by the Fallsburgh Public Parking District for Use by the TOWN in Part as Town Offices and in Part as a Municipal Transportation Terminal, Authorizing the Financing of Such Improvements and Reconstruction and Providing for Other Matters in Connection Therewith.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. The Fallsburgh Public Parking District of the Town of Fallsburgh, subject to the provisions of this act, may (a) construct, improve and reconstruct all or part of the buildings owned by the Fallsburgh Public Parking District for use in part as Town offices and in part as a municipal transportation terminal, (b) authorizing the Fallsburgh Public Parking District to charge rates and fees for the use by public carriers of the bus terminal part of the facilities, and (c) providing that the Town shall pay annual rentals to the Public Parking District for the buildings or parts thereof so used for Town offices. Said parking district shall describe the buildings and parts thereof to be so improved and reconstructed in a manner sufficient for identification, shall state the maximum amount to be expended for such improvement and reconstruction, shall fix the term of years for which such use by the Town for Town offices and municipal transportation terminal shall continue, shall fix the annual rentals to be payable by the Town, shall provide that such term of years may be extended, and shall provide that the amount of such annual rentals may be decreased or increased as may seem advisable. Before any of the acts set forth above shall become effective a public hearing shall be held by the Town board at a time and place specified, at which public hearing all persons interested in the subject matter thereof shall be heard. Notice of such public hearing shall be given by publication of a copy of the resolution calling said public hearing at least once in a newspaper having general circulation in the district and by posting printed copies of such resolution in at least five public places within the district. Such publication and posting shall be made not less than ten nor more than twenty days before the day designated for such public hearing. After such hearing held upon notice as herein provided and upon the evidence given thereat, the Town board shall determine by resolution whether it is in the public interest to grant in whole or in part the matters provided for in such resolution. If the Town board shall so determine such initial resolution shall then become effective. If the Town board shall determine after said public hearing and upon the evidence given thereat that it is in the public interest to modify the matters so determined in said initial resolution, it shall then adopt a resolution amending such initial resolution and shall thereupon call a public hearing thereon in the same manner as hereinabove provided with respect to the initial resolution.
§ 2. The cost of such improvements and reconstruction shall be paid by the Fallsburgh Public Parking District and may be financed in the manner provided by the local finance law, it being hereby determined that such improvements and reconstruction of such buildings and the use thereof by the Fallsburgh Public Parking District for the purposes authorized by this act is a public purpose. Such expenditures and the debt service, if any, required in connection with obligations issued by said parking district for such purposes shall be considered as a factor in determining and fixing the amounts of the annual rentals to be paid by the Town to the public parking district.
§ 3. This act shall take effect immediately.
[Became a law April 18, 1958, with the approval of the Governor. Effective April 18, 1958.]
[Passed 4-23-1964]
An Act to Authorize the Town of Fallsburgh, Sullivan County, to Convey to Sullivan County, Certain Real Property Located Within Such Town, Acquired for Park and Recreation Purposes.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. Notwithstanding section eight hundred eighty-three of the conservation law or any other contrary provision of law, and without a public hearing or referendum, but subject to the provisions of section three of this act, the Town of Fallsburgh, Sullivan county, acting by and through its Town board, is hereby authorized to convey to Sullivan county, all its right, title and interest in and to the following described real property, which was acquired for park and recreational purposes by such Town, and is no longer needed or required for such purposes, and to execute and deliver a deed or deeds of conveyance of valid title in fee simple of such real property, or any part thereof, to which it may have title:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Fallsburgh, County of Sullivan, State of New York, and further described as follows:
BEGINNING at a point in the center line of County Road 52 also being the Northwest corner of lands now or formerly of Joseph Wolf;
Thence, along the center line of County Road 52 South 35°-35' East 540.0 ft. to a point in the center line of the highway at the Northwest corner of lands conveyed by Ida Salon to Philip Salon by deed dated March 15, 1934 and recorded on March 16, 1934 in Liber 297 of Deeds at page 230;
Thence along Salon's Westerly boundary South 25°-50' West 1291.0 feet to a point on the Middle Lot line of Farm Lots 8, 9 and 10 in Division 3 of Great Lot 2;
Thence along the Middle Lot line of Farm Lots 8, 9 and 10 North 61°-55' West 3580.0 feet to a point on the East bounds of Farm Lot 7 in Division 3 of Great Lot 2;
Thence along the East bounds of the lands of Julkersky, Osterhout and Michelson, North 29°-15' East 1132.0 feet to a point;
Thence North 60°-20' West 470.0 feet to a point on the East bounds of the lands of Fleisher.
Thence along Fleisher's East bounds and the lands of Bronson, North 29°-25' East 1650.0 feet to a point in the center line of County Road 52;
Thence along the center line of County Road 52 in an Easterly direction to a point. Said point being on a line passing 50 feet Westerly of a concrete water storage tank and North 34°-54' East from an iron pipe;
Thence South 42°-38' East, 1498.4 feet to an iron pin at the Southeast corner of the 17.4 acre tract now or formerly of the Morningside Hotel Corporation;
Thence North 34°-53' East 713.9 feet to a point;
Thence South 43°-54' East 55 feet to a point;
Thence North 34°-53' East 316.0 feet to a point in the center line of County Road 52;
Thence, along the center line of County Road 52 in an Easterly direction 1400 feet more or less to the place or point of beginning, containing an area of 150 acres of land more or less.
It is intended hereby to convey all that parcel of land now owned by the Town of Fallsburgh that lies Southerly of County Road 52 in the Town of Fallsburgh.
The above described property is shown on a map entitled, "Map of Lands of Morningside Park Development Corp. being conveyed to Town of Fallsburgh" made by Sidney M. Marks, C.E.P.E., dated February 1962, Drawing No. 3274, and filed in the office of the Clerk of Sullivan County.
§ 2. The aforesaid property and all the interest of the Town of Fallsburgh therein may be conveyed for such consideration and upon such terms and conditions as the Town board shall determine, including a condition that the title so conveyed shall revert to the Town of Fallsburgh in the event that the Sullivan county community college is not located on such property within a period specified in such condition.
§ 3. Of the consideration received by the Town of Fallsburgh from Sullivan county for the aforesaid property, an amount equal to the amount of state aid received by the Town of Fallsburgh pursuant to article sixteen-c of the conservation law for the acquisition of such property shall be remitted to the state comptroller, to be thereafter available for the purposes of the park and recreation land acquisition act. In the event such consideration shall be insufficient to reimburse the state, as aforesaid, or in the event that the Town of Fallsburgh shall fail to remit the amount of such state aid within thirty days after the conveyance of such property, the state comptroller shall cause to be withheld from the state assistance funds to which the Town would otherwise be entitled, a sum sufficient to reimburse the state for any amount remaining unpaid. Moneys so withheld shall be credited to, and shall thereafter be available for, the purposes of the park and recreation land acquisition act.
§ 4. This act shall take effect immediately.
[Became a law April 23, 1964, with the approval of the Governor. Effective April 23, 1964.]
[1]
Editor's Note: Former § A350-14, Chapter 797 of the Laws of 1966, has been removed. This Special Act established the Fallsburg Urban Renewal Agency and was repealed by Sec. 85 of Ch. 373 of the Laws of 2012.
An Act to Amend the Public Housing Law, in Relation to Creating and Establishing the Town of Fallsburg Housing Authority, and Providing for its Rights, Powers, Duties and Limitations.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. The public housing law is hereby amended by inserting in article thirteen thereof a new title, to be title eighty-nine, to read as follows:
§ 492. Town of Fallsburg housing authority
A municipal housing authority, to be known as the Town of Fallsburg housing authority, is hereby created and established for the Town of Fallsburg in the county of Sullivan, for the accomplishment of any or all of the purposes specified in article eighteen of the constitution of the state of New York. It shall constitute a body corporate and politic, be perpetual in duration and consist of five members. It shall have the powers and duties now or hereafter conferred by this chapter upon municipal housing authorities. It shall be organized in the manner prescribed by and subject to the provisions of this chapter, and the authority, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of this chapter.
§ 2. This act shall take effect immediately.
[Passed 6-16-1968]
An Act Changing the Name of the Town of Fallsburgh in the County of Sullivan to the Town of Fallsburg.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. All that part of the county of Sullivan hereinbefore known as the Town of Fallsburgh shall hereafter be known by the name of the Town of Fallsburg.
§ 2. Whenever the Town of Fallsburgh is referred to or designated in any law, contract or other document in existence at the time this act takes effect, such reference or designation shall be deemed to refer to the Town of Fallsburg.
§ 3. This act shall take effect immediately.
[Approved and effective June 16, 1968.]
[Passed 6-2-1972]
An Act to Create the Position of Town Manager in and for the Town of Fallsburg in the County of Sullivan.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. There is hereby created the position of Town manager in and for the Town of Fallsburg in the county of Sullivan.
§ 2. The Town manager of the Town of Fallsburg shall be appointed by the Town board upon such terms and conditions and for an indefinite term or for a fixed term not to exceed two years as it shall determine.
§ 3. The Town manager of the Town of Fallsburg shall be the chief administrative officer of the Town and shall have such powers and duties as may be prescribed, modified or revoked from time to time by the Town board by local law, ordinance or resolution. Notwithstanding any other provision of law, the Town board may grant or transfer powers or duties held by any elective or appointive official of the Town, except legislative or judicial, to the Town manager by local law, ordinance or resolution without requiring same to be submitted to the qualified electors of the Town for their approval; provided, however, the Town board may, upon its own motion, submit such grant or transfer to the electors of said Town for their approval and provided further, that any transfer of any powers or duties held by the Town supervisor shall also be subject to his approval and consent.
§ 4. Nothing contained herein shall be construed to change the position of Town supervisor of the Town of Fallsburg as head of the Town government or to authorize the transfer of any powers or duties of the Town supervisor as a member of the board of supervisiors[1] of the county of Sullivan.
§ 5. This act shall take effect immediately.
[Became a law June 2, 1972, with the approval of the Governor. Effective June 2, 1972.]
[1]
Editor's Note: So in original act passed by State Legislature. Should read "supervisors."