2006 New York Code - Perkins Arboretum.
§ 18-117 Perkins arboretum. a. The commissioner shall have jurisdiction over and may conduct, operate and maintain or enter into an agreement as authorized by subdivision c of this section, for the conduct, operation and maintenance of certain premises formerly owned by Evelina B. Perkins and Dorothy Perkins Freeman located at Riverdale in the borough of the Bronx and conveyed to the city, as an arboretum to be known as the Perkins Garden to be used: (i) for the study and exhibition of plant life and plantings suitable to the city of New York with special reference to the problems affecting growers of plants under urban conditions, and the promotion of extensive and effective use of plants and as a place for rest and passive recreation, (ii) as a center for environmental and ecological studies, including oceanography, the ecology of the Hudson river, the city of New York and of the air and waters about it, urban management and planning, and the improvement of the urban environment (such studies may include but shall not be limited to scientific investigations, classes, demonstrations, exhibitions, lectures, educational activities, conferences and publications), and (iii) as a place for such other educational and cultural activities compatible with the foregoing purposes as Wave Hill, Incorporated, with the concurrence of the commissioner shall in the discretion of its board of directors permit to be conducted. b. In the event that the commissioner shall determine that Perkins Garden shall be operated and maintained by the department, said commissioner shall have power: 1. To make and promulgate rules and regulations for the use of the premises described in this section including provisions for entrance and admission charges to the premises or any part thereof and for life, annual or other periodic memberships in the activities of the arboretum in exchange for the payment of dues or fees. 2. In connection with the operation of said arboretum, to provide and enter into agreements with persons, firms and corporations for the parking of automobiles, instruction in the activities of the arboretum, the sale of books, pamphlets and other publications, the sale of seeds, bulbs, plants and botanical cuttings, the conduct of cultural activities, the sale of food, at, but not limited to a restaurant, and to make provision for the charges to be made and fees to be paid for such sales and services regardless of whether the same shall be made or provided by the commissioner or others. c. In lieu of such operation and maintenance by the department, the commissioner may, in his or her discretion, enter into an agreement with Wave Hill, Incorporated, for so long as it remains a non-profit membership corporation no part of the net earnings of which inures to the benefit of any member thereof or any other person and no part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation, or any such corporation which is a successor to Wave Hill, Incorporated, for the operation and maintenance by such corporation of the Perkins Garden for the purposes described in subdivision a of this section. Such agreement shall become effective only upon the approval of the mayor, and, notwithstanding any other provision of law, may provide for and authorize ex officio membership on the board of directors of such corporation, of the mayor, the borough president of the Bronx and the commissioner. Such agreement may also provide that (1) such corporation may charge such fees as may be approved by the commissioner for entrance and admission to the premises or any part thereof and for life, annual or other periodic memberships in the activities of the arboretum in exchange for the payment of dues
or fees; (2) such corporation may retain such fees and apply them to the operation and maintenance of the Perkins Garden; (3) such corporation may exercise, subject to the approval of the commissioner, any or all of the powers specified in subdivision b of this section; (4) such corporation may from time to time enter into agreements with any agency of the city or the state or any non-profit corporation or association allowing it or them to occupy a portion of the Perkins Garden for one or more of the purposes specified in subdivision a hereof, any such agreement with a non-profit corporation or association to be only for so long as no part of its net earnings inures to the benefit of any member thereof or any other person and no part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation; and (5) such other terms and conditions as may be necessary or desirable to effectuate the purposes of this section. Upon the making of such contract, the city, in its discretion, may annually appropriate for such corporation, from city funds and from the funds in the special bank account established pursuant to subdivision d hereof, such sum or sums as it may determine for the maintenance and support of the Perkins Garden and the activities of Wave Hill, Incorporated, in connection therewith. d. The comptroller shall deposit in a special bank account or accounts any and all sums of money received by him or her including whatever endowment fund may be received from the donors of the land and the funds received from all sources in connection with the operation of the said arboretum and its appurtenant services. Such moneys shall be used and applied solely to the conduct, operation, maintenance and improvement of such arboretum and the premises described in this section. If the Perkins Garden shall be maintained and operated by the department as authorized by subdivision b of this section, the commissioner shall have power to make necessary and required withdrawals and payments from such account or accounts. The provisions of this subdivision shall not apply to funds which may be appropriated by the city for the operation, maintenance and conduct of the arboretum or for the activities of Wave Hill, Incorporated, in connection therewith. e. Notwithstanding the provisions contained in subdivision a of this section, in the event the commissioner elects to enter into an agreement with Wave Hill, Incorporated, such agreement may provide, in part, that a lease be entered into between Wave Hill, Incorporated and the board of higher education of the city of New York for a period of two and one-half years, renewable at the option of the parties thereto and the commissioner for one additional period of two and one-half years. Such lease shall provide for the occupation by the board of higher education of the city of New York of part of the presently existing facilities of Perkins Garden for the purpose of carrying on oceanographic studies. Such occupation of the present Perkins Garden facilities shall be on such terms as approved by the commissioner, and shall not provide for (1) the construction of any structure; or (2) the alteration of any part of the landscape; or (3) the use of parking facilities by the board of higher education of the city of New York employees or agents, except as expressly permitted by the commissioner. The commissioner shall have sole authority to require further provisions in such lease in order to insure conformance with the purposes of Perkins Garden as contained in subdivision a of this section. f. It is the intent of the legislature in enacting subdivision e of this section that an absolute prohibition be placed on the further construction of any substantial structure or additional parking facilities not in furtherance of the purposes of Perkins Garden as contained in subdivision a of this section.
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