Senate Bill S2865

2011-2012 Legislative Session

Authorizes and directs the conveyance of certain lands owned by the New York State Thruway Authority in the City of Lockport in the county of Niagara to Hydraulic Race Co., Inc.

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to local government
Feb 02, 2011	referred to local government

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2011-S2865 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Public Authorities

2011-S2865 (ACTIVE) - Summary

Authorizes and directs the conveyance of certain lands owned by the New York State Thruway Authority in the City of Lockport in, the county of Niagara to Hydraulic Race Corporation.

2011-S2865 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2865

TITLE OF BILL:
An act
in relation to authorizing and directing the conveyance of certain lands
owned by the New York state thruway authority in the city of Lockport in
the county of Niagara to Hydraulic Race Co., Inc.

PURPOSE OF THE BILL:
This bill would authorize and direct the conveyance of property from
the New York State Thruway Authority to Hydraulic Race Co., Inc.

SUMMARY OF PROVISIONS:
Section 1 Authorizes and directs the Chairman of the New York State
Thruway Authority to enter into a contract with Hydraulic Race Co.,
Inc for the conveyance of property located in the City of Lockport,
for fair market value as determined by an independent appraiser.

Section 2 Describes the specific location and bounds of the land to
be conveyed.

Section 3. Requires the state to satisfy any obligations or
requirements that the Federal government may have prior to the
conveyance of property described in section one.

Section 4. Requires that before the contract becomes binding, it must

be approved by the Comptroller and the Director of Budget as well as
the Attorney General, and lays out other additional procedures.

LEGISLATIVE HISTORY:
This is a new bill.

STATEMENT IN SUPPORT:
The Lockport Hydraulic company was incorporated in 1858. Birdis Holly
invented and supervised the construction of a 1,700 foot underground
power tunnel that measured 10' wide by 20" high. The tunnel when
completed, provided water supplying three manufacturing companies who
generated mechanical power until 1941. Later starting in the 1970's,
the tunnel, no longer in use was opened to public tours.

The hydraulic tunnel is on the National Register of Historic places
and has been assigned an archeological site number by the New York
Historic Preservation office. Today, daily historic tours are offered
to the public from April 15th-October 30th.

The Hydraulic tunnel is at the same time a tourist attraction and a
piece of Lockport History, not to mention an asset to the local
economy.

Issues began to arise between Hydraulic Race Co, inc and the Thruway
Authority over the use of certain canal lands during public tours,
and whether the Thruway Authority should be entitled to a percentage
of the profit of such tours. This dispute has been ongoing for more
than 12 years and a resolution is needed to ensure that this historic
site can continue to successfully operate.


BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill would take effect immediately.

2011-S2865 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2865

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT in relation  to  authorizing  and  directing  the  conveyance  of
  certain  lands  owned  by  the New York state thruway authority in the
  city of Lockport in the county of Niagara to Hydraulic Race Co., Inc.

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  the  provisions  of any other law to the
contrary, the chairman of the New York state thruway authority is hereby
authorized and directed to enter into a contract, on behalf  of  and  in
the  name  of  the  state, for the conveyance of title to two parcels of
land in the city of Lockport in the county of  Niagara,  as  more  fully
described  in  section two of this act, to Hydraulic Race Co., Inc., for
fair market value to be determined by an independent appraiser agreed to
by both parties.
  S 2. The lands authorized by this act to be conveyed are as follows:
  All that tract or parcel of land, being  part  of  the  Enlarged  Erie
Canal,  situate in the City of Lockport, County of Niagara, State of New
York and being part of Lot 12, Section 14, Township 14, Range 6  of  the
Holland Land Company's survey, bounded and described as follows:
  Beginning at a point on the westerly Canal Blue Line, said point being
165.6  feet northwesterly, measured at right angles, from station 5870 +
06.5 of the centerline of the improved Erie  Canal  and  RUNNING  THENCE
North  40°-58'-16"  East, along the said westerly Blue Line, 89.02 feet;
THENCE South 89°-24'-30" East,  27.74  feet;  THENCE  South  10°-33'-43"
West,  66.67  feet;  THENCE  South  86°-57'-10" East, 30.12 feet; THENCE
South 43°-10'-18" West, 68.00 feet; THENCE North 46°-49'-42" West, 44.33
feet; THENCE South 45°-37'-09" West, 140.74  feet  to  a  point  on  the
westerly  Canal Blue Line; THENCE North 32°-37'-30" East, 140.00 feet to
the POINT OR PLACE OF BEGINNING; containing 0.188 Acres,  be  the  same,
more  or less. All bearings are reference to true north. And also PARCEL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05700-04-1

S. 2865                             2

2:  All that tract or parcel of land being part  of  the  Enlarged  Erie
Canal,  situate in the City of Lockport, County of Niagara, State of New
York and being part of Lot 12, Section 14, Township 14, Range 6  of  the
Holland  Land Company's survey, bounded and described as follows: Begin-
ning at a point on the westerly Canal Blue Line, said point being  172.1
feet  northwesterly,  measured at right angles, from station 5868 + 36.7
of the centerline of the improved Erie Canal and  running  thence  North
40°-58'-16"  East  along  the  said  Canal Blue Line, 28.00 feet; thence
south 46°-54'-03" East 83.58 feet; Thence South 43°-10'-18" West,  20.00
feet; Thence North 52°-25'-31" West, 82.90 feet to the point or place or
place  of  beginning;  containing 0.046 Acres, be the same more or less.
All bearings are referenced to the true north.
  S 3. In the event that the  state  received  any  funding  support  or
assistance  from the federal government for the purchase, maintenance or
improvement of the canal lands set forth in section two of this act, the
discontinuance  and  alienation  of  such  canal  lands  authorized   by
provisions  of  section  one of this act shall not occur until the state
has complied with any federal requirements pertaining to the  alienation
or conversion of such canal lands, including satisfying the Secretary of
the  Interior that the alienation or conversion complies with all condi-
tions which the Secretary of the Interior deems necessary to assure  the
substitution  or  improvement of other lands shall be equivalent in fair
market and usefulness to the lands being alienated or converted.
  S 4. The chairman of  the  New  York  state  thruway  authority  shall
prescribe  additional  terms  for  the  conveyance of lands as he or she
deems necessary. Such contracts shall not become binding upon the  state
until  approved  by  the director of the budget and the comptroller. The
deed from the state to the land  pursuant  to  the  provisions  of  such
contract shall be approved by the attorney general as to form and manner
of  execution before such deed shall be executed on behalf of the state.
Notwithstanding the provisions of the public lands law,  the  conveyance
of  the  state  owned lands, pursuant to such contract, shall be without
reservation or exception except as provided for in such  contract.  Upon
certification  by  the commissioner of environmental conservation to the
commissioner of general services of a copy of the contract  and  certif-
ication  that  Hydraulic Race Co., Inc., has complied with all terms and
conditions of the contract upon its  part  to  be  kept  and  performed,
together  with  a description of each of the parcels to be conveyed, the
commissioner of general services shall convey all the right,  title  and
interest  of the state in such land in accordance with the provisions of
the contract.
  S 5. This act shall take effect immediately.

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Senate Bill S2865

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

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co-Sponsors

2011-S2865 (ACTIVE) - Details

2011-S2865 (ACTIVE) - Summary

2011-S2865 (ACTIVE) - Sponsor Memo

2011-S2865 (ACTIVE) - Bill Text download pdf

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

co-Sponsors

John A. DeFrancisco

Patrick M. Gallivan

Mark Grisanti

Michael H. Ranzenhofer

2011-S2865 (ACTIVE) - Details

2011-S2865 (ACTIVE) - Summary

2011-S2865 (ACTIVE) - Sponsor Memo

2011-S2865 (ACTIVE) - Bill Text download pdf

Comments