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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.