Section 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.