tiplied by the quotient determined by dividing the number of registered library users in the municipality by the total number of registered library users in the municipalities determined as of December 31 of the preceding year, plus; 2. One-half of the total amount to be raised by levy of an ad valorem assessment against all property within the public library district multiplied by the quotient determined by dividing the full assessed valuation of the municipality by the full assessed valuation of the public library district. The term "full assessed valuation" shall mean the valuation which is derived by dividing the assessed valuation of the real property concerned as shown on the last completed assessment roll of each municipality by the equalization rates established by the authorized state officer or agency for such rolls of each municipality, of the property lying within each municipality. e. The town boards of Moreau and Queensbury and the city council of the city of Glens Falls shall have the power to authorize, sell and issue bonds, notes or other evidences of indebtedness pursuant to the local finance law in order to permit the public library district to provide facilities or improve facilities for public library purposes. The approval of each municipality shall be required for the authorization, sale and issuance of its respective allocable share of such bonds, notes or other evidences of indebtedness for such purposes, and such approval shall be subject to permissive referendum in each municipality. The authorization, sale and issuance of any approved bonds, notes, or other evidences of indebtedness shall be allocated between the municipalities in the same proportions as are the amount of revenues raised by tax for public library district purposes. The proceeds of such bonds, notes, or other evidences of indebtedness shall be paid to the treasurer of the public library district and maintained in a segregated fund in accordance with section 165.00 of the local finance law and expended by the treasurer only on specific authorization by the board. f. The board may accept on behalf of the public library district any absolute gift, devise or bequest of real or personal property and such conditional gifts, devises or bequests as it shall by resolution approve. 8. be The treasurer of the board shall be the custodian of all funds of the public library district including gifts and trust funds paid over to the trustees. The board may authorize the investment of funds in the custody of the treasurer. Funds received from the municipalities may invested in accordance with section 165.00 of the local finance law. The town supervisors of the towns of Moreau and Queensbury and the mayor of the city of Glens Falls shall pay to the public library district all moneys which belong to or are raised on behalf of the public library district. No moneys shall be disbursed by the treasurer except after audit by the board. The board shall audit all claims and shall order the payment thereof, except as otherwise provided by this subdivision. No such claims shall be audited or ordered paid by the trustees unless an itemized voucher therefor, certified or verified by or on behalf of the claimant in such form as the board of trustees shall prescribe, shall be presented to the board for audit or allowance. The provisions of this section shall not be applicable to payment of claims of fixed salaries and amounts which the public library district may be required to pay on account of retirement contributions for past and current services to officers and employees of the public library district. The treasurer shall keep such records and in such manner as the board may require. 96. Charter, commencement of operations, and transfer of property and employees. The initial board shall, within thirty days from the date of approval of the public library district by the voters of the district, apply to the board of regents for a charter as a public library. Upon the granting of such a charter by the board of regents, the title to all personal property, tangible and intangible, now held by the Crandall library shall be transferred to, vest in, and be acquired by the public library district hereby established. Upon the granting of such a charter by the board of regents, all employees of the Crandall library shall become employees of the public library district upon the same terms and conditions of employment and at the same rate of pay as their previous employment by the Crandall library. 7. Ad valorem levy. The several lots and parcels of land within the area of said public library district are hereby determined to be beneEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law fited by the library facilities and services existing as of the effective date of this act and the town boards of the towns of Moreau and Queensbury and the city council of the city of Glens Falls are authorized to assess, levy and collect the necessary expenses of operations, maintenance and repair of such facilities and services and such capital improvements including debt services on bonds, notes and other evidences of indebtedness of the municipalities issued for the purpose of such public library district as may be hereafter authorized pursuant to the provisions of this act from such lots and parcels of land within their respective municipalities in the same manner and at the same time as other municipal charges. § 8. Education law. Except as otherwise provided by this act, the provisions of the education law relating to public libraries shall be applicable to the public library district established herein. 9. Improvement district. Except as herein provided, such public library district shall constitute an improvement district within the meaning of the general city law and the town law and shall be subject to all of the provisions thereof relating to improvement districts except such as are inconsistent with the provisions of this act. § 10. This act shall take effect immediately. CHAPTER 457 AN ACT to amend the surrogate's court procedure act, in relation to providing for the reciprocal right of New York residents to inherit property on the same terms as citizens of a foreign nation Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 2218 of the surrogate's court procedure act is amended by adding a new subdivision 2-a to read as follows: 2-a. Where it appears to the court that the laws of a foreign country or sovereignty effectively deny a New York state resident beneficiary legatee or distributee of the benefit, use or control of money or other property, a decree issued in a matter concerning the right of a resident of such foreign country or sovereignty to the benefit, use or control of money or other property with a situs in New York state may direct that such money or property be paid into the court for the benefit of the beneficiary or the person or persons who may thereafter appear entitled thereto. The money or property so paid into the court shall be paid out only upon order of the court or pursuant to the order or judgment of a court of competent jurisdiction. § 2. This act shall take effect immediately. CHAPTER 458 AN ACT to amend the penal law, in relation to the making of graffiti Became a law July 17, 1992, with the approval of the Governor. Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative findings and declarations. The legislature hereby finds and declares that graffiti vandalism poses a serious problem for urban centers and especially the city of New York. The unabated proliferation of graffiti is a physical blight upon the urban landscape and costs taxpayers, remove and repair. merchants and homeowners millions of dollars to The legislature also finds that when unchecked, graffiti presents the image of a deteriorating community, a community that no longer cares about itself, a community that shows evidence of urban blight. Not only is graffiti an assault upon individual sensibilities, it is another reason for people to leave the city prompting a further downward spiral of economic and social conditions with severe consequences for the city of New York. § 2. The penal law is amended by adding two new sections 145.60 and 145.65 to read as follows: § 145.60 Making graffiti. 1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property. 2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property. Making graffiti is a class A misdemeanor. § 145.65 Possession of graffiti instruments. A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property. Possession of graffiti instruments is a class B misdemeanor. 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 459 AN ACT to amend the real property law, in relation to the right of a senior citizen lessee to terminate a lease Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 227-a of the real property law is amended by adding a new subdivision 3-a to read as follows: in 3-a. Each owner or lessor of a facility or unit into which a lessee or tenant is entitled to move after quitting and surrendering as provided for herein shall in writing, upon an application, notify prospective tenants of the provision of this section. Such notice shall include, plain and simple English, in conspicuous print of at least eighteen point type, an explanation of a tenants right to terminate the existing lease and all other applicable requirements and duties relating thereto. Such notice shall read as follows: NOTICE TO SENIOR CITIZENS: RESIDENTIAL LEASE TERMINATION SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS. Who is eligible? EXPLANATION-Matter in italics is new; matter in brackets [] is old law Any lessee or tenant who is age sixty-two years or older, or who will attain such age during the term of the lease or rental agreement, or a spouse of such person residing with him or her. What kind of facilities does this law apply to? This law will apply if the senior citizen is relocating to: A. An adult care facility; B. A residential health care facility; C. Subsidized low income housing; or D. Senior citizen housing. What are the responsibilities of the rental property owner? When the tenant gives notice of his or her opportunity to move into one of the above facilities the landlord must allow: and A. for the termination of the lease or rental agreement, B. the release of the tenant from any liability to pay rent or other payments in lieu of rent from the termination of the lease in accordance with section 227-a of the real property law, to the time of the original termination date, and C. to adjust any payments made in advance or payments which have accrued by the terms of such lease or rental agreement. How do you terminate the lease? If the tenant can move into one of the specified facilities, he or she must terminate the lease or agreement in writing no earlier than thirty days after the date on which the next rental payment (after the notice is delivered) is due and payable. The notice is deemed delivered five days after being mailed. The written notice must include documentation of admission or pending admission to one of the above mentioned facilities. For example: Mail the notice: May 5th Notice received: May 10th Next rental payment due: June 1st Will the landlord face penalties if he or she does not comply? Yes, according to section 227-a of the real property law, if anyone interferes with the removal of your property from the premises they will be guilty of a misdemeanor and will be either imprisoned for up to one year or fined up to $1000.00 or both. § 2. This act shall take effect on the ninetieth day after it shall have become a law. CHAPTER 460 AN ACT authorizing the city of Albany to discontinue as park lands certain lands heretofore acquired for park and other public purposes and authorizing the city of Albany to sell such lands for purposes of private development Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Notwithstanding any inconsistent, general, special or local law, the city of Albany by local law may discontinue as park lands the lands hereinafter described in section three of this act and heretofore acquired and used by such city for park and other public purposes located in the city of Albany, county of Albany, and the said city is hereby authorized to sell said lands for purposes of private develop ment. § 2. The authorization provided by section one of this act shall take effect only upon the condition that at the time of the conveyance of the lands described in section three of this act, the city of Albany shall dedicate as park lands the lands described in section four of this act. 3. The lands referred to in section one of this act consist of three separate parcels and are located in the city of Albany, county of Albany, and are bounded and described as follows: PARCEL "A" All that certain parcel of land, situate in the City of Albany, County of Albany and State of New York, being bounded and described as follows: BEGINNING at a point, said point situate the following three (3) courses from the intersection of the northerly bounds of lands of the City of Albany, as described in Book 837 of Deeds at Page 385, with the westerly bounds of O'Neil Road as shown on a map entitled "Greenway Estates Section No. 2" by Hershberg and Hershberg, dated March 14, 1973 and filed in the Albany County Clerk's Office December 6, 1973 in Drawer 167 as Map No. 4992: 1. South 23 degrees 32 minutes 50 seconds West a distance of 794.32 feet to a point; 2. South 03 degrees 29 minutes 50 seconds West a distance of 593.09 feet to a point; 3. South 62 degrees 56 minutes 40 seconds East a distance of 9.88 feet to the point of beginning of the parcel herein described; thence through the lands of the grantors herein described, the City of Albany, the following eighteen (18) courses: 1. South 06 degrees 12 minutes 30 seconds West a distance of 708.89 feet to a point; 16 degrees 47 minutes 40 seconds East a distance of 970.88 2. South feet to a point; 3. South 77 feet to a point; 4. North 25 feet to a point; 5. North 03 feet to a point; 6. North 79 feet to a point; 7. South 10 feet to a point; degrees 34 minutes 00 seconds West a distance of 538.42 degrees 55 minutes 40 seconds West a distance of 673.56 degrees 18 minutes 40 seconds West a distance of 605.36 degrees 43 minutes 10 seconds West a distance of 111. 14 degrees 16 minutes 50 seconds West a distance of 294.59 8. South 00 degrees 30 minutes 30 seconds West a distance of 553.85 feet to a point; 9. South 27 degrees 10 minutes 00 seconds East a distance of 593.76 feet to a point; 10. South 68 degrees 31 minutes 20 seconds West a distance of 170.76 feet to a point; 11. North 13 degrees 33 minutes 10 seconds West a distance of 641.77 feet to a point; 12. North 31 degrees 03 minutes 10 seconds West a distance of 351.64 feet to a point; 13. North 02 degrees 45 minutes 40 seconds West a distance of 565.79 feet to a point; 14. North 08 degrees 05 minutes 50 seconds East a distance of 483.51 feet to a point; 15. North 28 degrees 10 minutes 50 seconds East a distance of 430.84 feet to a point; 16. North 55 degrees 26 minutes 50 seconds East a distance of 186.41 feet to a point; 17. South 52 degrees 24 minutes 00 seconds East a distance of 432.44 feet to a point; 18. South 62 degrees 56 minutes 40 seconds East a distance of 438.32 feet to the point of beginning. Containing 44.00 acres of land. Subject to all easements, restrictions and rights-of-way of record. Together with an easement, 50 feet in width, for ingress and egress to and from O'Neil Road and for installation and maintenance of utilities over and through lands of the grantors herein described said easement bounded and described as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law |