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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 nonprofit 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.
a. Notwithstanding any other provision of law, general, special or local, the city, acting by the commissioner, with the approval of the board of estimate, is hereby authorized and empowered from time to time to enter into contracts, leases or rental agreements with, or grant licenses, permits, concessions or other authorizations to, any person or persons, upon such terms and conditions, for such consideration, and for such term of duration as may be agreed upon by the city and such person or persons, whereby such person or persons are granted the right, for any purpose or purposes referred to in subdivision b of this section, to use, occupy or carry on activities in, the whole or any part of a stadium, with appurtenant grounds, parking areas and other facilities, to be constructed by the city on certain tracts of land described in subdivision c of this section, being a part of Flushing Meadow park and situated in the borough of Queens, city and state of New York, title to which tracts is now in the city. Prior to or after the expiration or termination of the terms of duration of any contracts, leases, rental agreements, licenses, permits, concessions or other authorizations entered into or granted pursuant to the provisions of this subdivision and subdivision b of this section, the city, in accordance with the requirements and conditions of this subdivision and subdivision b of this section, may from time to time enter into amended, new, additional or further contracts, leases or rental agreements with, and grant new, additional or further licenses, permits, concessions or other authorizations to, the same or any other person or persons for any purpose or purposes referred to in subdivision b of this section.
b. Any contract, lease, rental agreement, license, permit, concession or other authorization referred to in subdivision a of this section may grant to the person or persons contracting with the city thereunder, the right to use, occupy or carry on activities in, the whole or any part of such stadium, grounds, parking areas and other facilities, (1) for any purpose or purposes which is of such a nature as to furnish to, or foster or promote among, or provide for the benefit of, the people of the city, recreation, entertainment, amusement, education, enlightenment, cultural development or betterment, and improvement of trade and commerce, including professional, amateur and scholastic sports and athletic events, theatrical, musical or other entertainment presentations, and meetings, assemblages, conventions and exhibitions for any purpose, including meetings, assemblages, conventions and exhibitions held for business or trade purposes, and other events of civic, community and general public interest, and/or (2) for any business or commercial purpose which aids in the financing of the construction and operation of such stadium, grounds, parking areas and facilities, and any additions, alterations or improvements thereto, or to the equipment thereof, and which does not interfere with the accomplishment of the purposes referred to in paragraph one of this subdivision. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the people of the city and for the improvement of their health, welfare, recreation and prosperity, for the promotion of competitive sports for youth and the prevention of juvenile delinquency, and for the improvement of trade and commerce, and are hereby declared to be public purposes.
c. The tracts of land referred to in subdivision a of this section are more particularly described as follows:
1. The area of land bounded on the north by the south side of Northern boulevard, on the east by the west side of One hundred twenty-sixth street, on the south by the north side of Roosevelt avenue, and on the west by the east side of Grand Central parkway.
2. The area of land bounded on the north by the south side of Roosevelt avenue, on the east by the west side of One hundred twenty-sixth street, on the south by lands of the city of New York occupied by the New York city transit authority, and on the west by the east side of Grand Central parkway, excepting from such area of land, the portion thereof fronting on Roosevelt avenue occupied by such authority as a substation.
d. Notwithstanding the foregoing provisions of this section or the provisions of any other law, general, special or local, the commissioner, acting in behalf of the city, is hereby authorized and empowered, without the approval of the board of estimate, to enter into contracts, leases or rental agreements with or grant licenses, permits, concessions or other authorizations to any person or persons, upon such terms and conditions and for such consideration as may be agreed upon by the commissioner and such person or persons, for terms of duration, which, in the case of each such contract, lease, rental agreement, license, permit or other authorization, including renewals, shall not be in excess of one year, whereby such person or persons are granted the right to use, occupy or carry on activities in, the whole or any part of such stadium, grounds, parking areas and other facilities, for any purpose or purposes referred to in subdivision b of this section. Upon the expiration of the terms of duration of any of such contracts, leases, rental agreements, licenses, permits, concessions or other authorizations entered into or granted pursuant to the provisions of this subdivision, or within thirty days prior to such expiration or termination, the commissioner, in accordance with the requirements and conditions of this subdivision, acting in behalf of the city, and without the approval of the board of estimate, may from time to time enter into new, additional or further contracts, leases or rental agreements with, and may grant new, additional or further licenses, permits, concessions or other authorizations to, the same or any other person or persons for any purpose or purposes referred to in subdivision b of this section.
e. Notwithstanding the provisions of section 107.00 of the local finance law, for the purpose of financing and paying the cost of the construction of such stadium, grounds, parking areas and facilities, and the construction of any additions, alterations or improvements thereto or to the equipment thereof, including a roof for such stadium and increased seating capacity therein, the city is hereby authorized and empowered, without providing from current funds any part of such cost or otherwise complying with the provisions of section 107.00 of such law, but upon compliance by the city with all other applicable provisions of the local finance law, to issue bonds and bond anticipation notes and to make expenditures from the proceeds of such bonds and bond anticipation notes or from any fund into which such proceeds are paid.
The commissioner may enter into an agreement with New York World's Fair 1964-1965 Corporation and the Queens Botanical Garden Society, Inc. for the operation and maintenance by such Queens Botanical Garden Society, Inc. of the botanical garden and arboretum which was constructed by New York World's Fair 1964-1965 Corporation in Kissena Corridor Park in the borough of Queens on land now under lease from the city of New York to the New York World's Fair 1964-1965 Corporation, and for the adequate keeping, maintenance, extension, preservation, management, and operation of such botanical garden and arboretum for the collection and culture of plants, flowers, shrubs and trees, the advancement of botanical science and knowledge and the prosecution of original researches therein and in kindred subjects, for affording instruction in the same, for the prosecution and exhibition of ornamental and decorative horticulture and gardening, and for the entertainment, recreation and instruction of the people. The term of such agreement shall commence upon the completion of construction of such botanical garden and arboretum. Such agreement shall become effective only upon the approval of the mayor and may provide, in addition to other terms and conditions, for use, with the approval of New York World's Fair 1964-1965 Corporation, of such botanical garden and arboretum for exhibits connected with the World's Fair held in the city of New York during the years nineteen hundred sixty-four-nineteen hundred sixty-five and for membership on the board of directors of Queens Botanical Garden Society, Inc. of the mayor and the commissioner and the president of the borough of Queens, and their successors in office. The commissioner may enter into an agreement with Queens Botanical Garden Society, Inc. for the operation and maintenance by Queens Botanical Garden Society, Inc. of a zoo on the land hereinabove described, or other park land which may be made available for such purpose in the future, and for the adequate keeping, maintenance, extension, preservation, management and operation of such zoo for the exhibition of animals and birds, all for the instruction, entertainment, and recreation of the people. Said agreement may also provide for the construction of such zoo by the New York World's Fair 1964-1965 Corporation, the city of New York or both. Such agreement shall become effective only upon the approval of the mayor. Upon completion of the construction of said botanical garden and arboretum, the city may annually, in its discretion, appropriate for the Queens Botanical Garden Society, Inc. such sum or sums as it may determine for the construction, keeping, maintenance, extension, preservation, management and operation of the said zoo, botanical garden and arboretum and the activities of the Queens Botanical Garden Society, Inc. in connection therewith. The facilities operated and maintained by said Queens Botanical Garden Society, Inc. pursuant to the agreement or agreements referred to in this section shall be known as and bear the name "Queens Zoological and Botanical Gardens." All references in this section to Queens Botanical Garden Society, Inc. shall be deemed to refer to that corporation under its present name or under any name which shall hereafter be used by it.
The commissioner, subject to the approval of the mayor, may enter into an agreement with a nonprofit corporation or association organized or to be organized for the sole purpose of operating and maintaining a scientific exhibit or exhibits, for the construction, occupation, operation and maintenance by such corporation or association of a hall of science or scientific exhibits within Flushing Meadow park in the borough of Queens and for the adequate keeping, maintenance, extension, preservation, management and operation of such hall of science and scientific exhibits for affording instruction in the same and for the exhibition of scientific matters and objects for the entertainment, recreation and instruction of the people. Such contract may provide in addition to other terms and conditions, for use, with the approval of the New York World's Fair 1964-1965 Corporation, of such facilities for scientific exhibits connected with the World's Fair held in the city of New York during the years nineteen hundred sixty-four-nineteen hundred sixty-five as said New York World's Fair 1964-1965 Corporation shall agree to and for the continued use of such facilities and exhibits thereafter and for membership on the board of directors of such corporation or association of the mayor and the commissioner and the president of the borough of Queens, and their successors in office. Upon the making of such contract or agreement, the city may annually, in its discretion, appropriate to the corporation or association maintaining such hall of science and other exhibits such sum or sums as it may determine for the maintenance and support thereof and the activities in connection therewith.
The commissioner, notwithstanding the provisions of section 15.09 of the parks, recreation and historic preservation law, may enter into an agreement with the Staten Island Institute of Arts and Sciences, for a period of not more than ten years, for the maintenance and operation of a nature conservation center on premises known as High Rock Park. Such agreement shall become effective only upon approval by the mayor. Said agreement shall include a clause providing for its termination if the institute ceases to be a non-profit membership corporation, no part of the net earnings of which inures to the benefit of any member thereof. The conservation center shall serve the entertainment, recreational and educational needs of the people, and necessary incidental and informational services may be rendered. All references in this section to the Staten Island Institute of Arts and Sciences shall be deemed to refer to the corporation under its present name or under any name which shall hereafter be used by it.
a. Legislative intent. The city council hereby declares that a drastically high number of adults and children are annually killed and injured by motor vehicles while operating bicycles and tricycles in the streets of our city and countless pedestrians have been injured by the operation of bicycles and tricycles on sidewalks and pedestrian walks in parks. Although the riding of bicycles and tricycles is healthy and wholesome and a normal activity for developing youngsters, the streets and sidewalks of the city of New York are highly congested and, in most areas, dangerous. The safety of the children of New York city requires that a maximum number of off-street areas be developed for the operation of bicycles and tricycles in local communities, and it is impossible to adequately meet this problem except by a large centralized riding area in each borough. It is the intent of the council to assure the broad development of such a program by this legislation.
b. Designation areas.
1. The commissioner shall cause to be created and maintained, in all parks whose total area exceeds five acres, adequate areas appropriately designed for the use of bicycles and of tricycles.
2. Such areas shall be designed and constructed in accordance with plans and specifications approved by the commissioner.
3. For purposes of this section, the word "areas" shall mean and include "bicycle paths" at least one mile long in parks whose area is greater than twenty-five acres, "bicycle tracks" at least one-quarter of a mile long in parks whose area is greater than five acres, and "tricycle circles" located close to adequate seating space for adults.
The commissioner of cultural affairs may enter into an agreement with the Brooklyn Children's Museum, Inc. for the maintenance and operation by the Brooklyn Children's Museum, Inc. of the Brooklyn Children's Museum situated in Brower Park, in the borough of Brooklyn, as the same is presently constructed and established, and as it may be enlarged and improved. Such agreement shall become effective only upon approval by the mayor. Upon the making of such contract, the city may, in its discretion, annually appropriate to the Brooklyn Children's Museum, Inc. such sum or sums of money as it may determine are needed for the maintenance and support of the said Brooklyn Children's Museum and the activities of the Brooklyn Children's Museum, Inc. in connection therewith.
The commissioner, subject to the approval of the mayor, may enter into an agreement with a nonprofit corporation or association, organized or to be organized for the purpose of establishing, operating and maintaining an art museum, for the occupation, operation and maintenance by such corporation or association of an art museum in any existing building or buildings or part thereof or in any building or buildings or part thereof hereafter to be constructed in Flushing Meadow park, in the borough of Queens and for the adequate keeping, maintenance, extension, preservation, management and operation of such art museum, for the collection and exhibition of objects of art, the advancement of knowledge concerning art, the prosecution of original researches relating to art and kindred subjects, for affording instruction in the same and for the entertainment, recreation and instruction of the people. Such agreement may provide, in addition to other terms and conditions, for membership on the board of directors or board of trustees of such corporation or association of the mayor and the commissioner and the president of the borough of Queens, and their successors in office. Upon the making of such agreement, the city of New York may annually, in its discretion, appropriate to the corporation or association maintaining such art museum such sum or sums as it may determine for the maintenance and support thereof and the activities in connection therewith.
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