Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 850
State office buildings and other public improvements in certain counties
County (CNT) CHAPTER 11, ARTICLE 23
§ 850. State office buildings and other public improvements in certain
counties. 1. Notwithstanding any other provision of law, general,
special or local, every county is hereby authorized and empowered:

(a) To acquire by purchase, gift or dedication, or by condemnation in
the manner provided by the law under which such county is authorized to
acquire property for public purposes, or if there be no such law, in the
manner provided by and subject to the provisions of the condemnation
law, property in any such city within the county as a site for an office
building or buildings and appurtenances, suitable for the primary use of
state departments, agencies and employees, and other public improvements
and appurtenances, which site may be located within a larger area
previously acquired and cleared under an urban renewal program.

(b) To acquire property from the state or a city within the county as
such a site, by lease for a term not exceeding forty years, or by a
quitclaim deed conveying all the right, title and interest of the people
of the state or city in and to such property, and to agree that if the
county shall fail, within five years from the date of such conveyance,
to construct an office building or to construct, reconstruct or
otherwise provide a public improvement on such property as may be
required by the terms of a contract entered into with the state
commissioner of general services in accordance with the provisions of
this section, or if any office building so constructed on such property
ceases to be used primarily for state purposes, then and in either
event, such property shall revert to the people of the state with right
of re-entry thereupon or shall be conveyed to the people of the state in
fee simple; provided, however, that as a condition precedent to the
exercise of such right of re-entry the state shall pay to the county
such amount as may be specified in a contract or lease entered into
between the state commissioner of general services and the county in
accordance with the provisions of this act, which amount may equal (i)
the purchase price of the county for such property, (ii) the depreciated
costs of the county for all buildings, public improvements and
appurtenances constructed thereon pursuant to any such contract or
lease, and (iii) all other costs of the county incurred pursuant to such
contract or lease incident to such property and the construction of such
office buildings and the construction, reconstruction or provision of
public improvements and appurtenances, including the cost of the
original fixtures, furnishings, equipment, machinery and apparatus, if
any, included in such work or purchased by the county. Upon the exercise
by the state of such right of re-entry, the county shall establish a
sinking fund and any payment made by the state upon exercise of such
right of re-entry shall, to the extent necessary, be paid into such fund
which shall be maintained solely for the liquidation of the principal of
and interest on any indebtedness contracted or incurred by the county in
relation to the property which so reverts to the people of the state of
New York.

(c) To enter into a contract or contracts with the state commissioner
of general services on behalf of the state providing for the
construction on such property of one or more office buildings, suitable
for the primary use of state departments, agencies and employees, and
for the construction, reconstruction or other provisions of other public
improvements and appurtenances.

(d) To clear such property, close and open streets and public ways,
and demolish existing structures as may be required by any such contract
with the state commissioner of general services and to construct one or
more such office buildings and to construct, reconstruct or otherwise
provide for other public improvements and appurtenances in accordance
with plans and specifications approved by the state commissioner of
general services and incorporated in any such contract.

(e) To designate the state commissioner of general services as its
agent in connection with the construction of one or more such office
buildings and the construction, reconstruction or provision of other
public improvements and appurtenances by the county pursuant to any such
contract with the state commissioner of general services, provided that
in such case, construction, reconstruction or other contracts in
connection therewith shall be let by the state commissioner of general
services to the lowest responsible bidder, after public advertisement,
in the manner provided in section eight of the public buildings law.

(f) To purchase through the state office of general services, in
accordance with section one hundred four of the general municipal law,
such furnishings, equipment, machinery and apparatus, not included in
the construction plans and specifications, as may be specified by
contract with the state commissioner of general services for
installation in an office building, public improvement or appurtenances,
and to install, alter or improve the same in accordance with such
contract.

(g) To lease to the state, for possession upon the completion of work,
all office buildings and public improvements and appurtenances
constructed, reconstructed or provided pursuant to any such contract
with the state commissioner of general services, together with the
original furnishings, equipment, machinery and apparatus installed
therein pursuant to paragraph (f) of this subdivision, and to lease the
property upon which such office buildings, public improvements and
appurtenances are constructed, reconstructed or provided if such
property is owned by the county or to sublease such property to the
state if leased to the county, for a term not exceeding forty years and
upon such terms and conditions including a fair and reasonable annual
rental as may be agreed upon between the county and the state
commissioner of general services.

(h) To sublease from the state an office building or public
improvement, or space therein, for the use of county departments,
agencies, or employees.

(i) To convey to the state title to all such office buildings and
public improvements and appurtenances, and to the property upon which
the same are constructed, reconstructed or provided if such property is
owned by the county, in fee simple at the expiration of the term of any
such lease or upon the earlier payment in full of the total amount
specified in any such contract or lease with the state commissioner of
general services, without additional charge therefor.

(j) To make appropriate provision in any contract or lease with the
state as to liability on account of loss or damage caused by fire,
explosion or other catastrophe and as to whether any property, office
building, public improvement, appurtenance, furnishings, equipment,
machinery and apparatus shall be insured against loss or damage from
such causes, for the payment of the cost of such insurance and for the
application of (i) any payments made by the state in respect of such
liability, or (ii) the proceeds of any such insurance received by the
county. If, under the terms of such contract or lease, any payments so
made by the state or the proceeds of any such insurance so received by
the county are not used to rebuild or repair the property, office
building, public improvement, appurtenance, furnishings, equipment,
machinery or apparatus destroyed or damaged, the county shall establish
a sinking fund and shall, to the extent necessary, pay any such payments
so made by the state or the proceeds of any such insurance so received
into such fund which shall be maintained solely for the liquidation of
the principal of and interest on any indebtedness contracted or incurred
by the county in relation to the property, office building, public
improvement, appurtenance, furnishings, equipment, machinery or
apparatus so destroyed or damaged.

(k) To make all agreements, necessary or convenient in respect
thereof, with a city within such county which joins with the county and
the state commissioner of general services in a contract entered into
pursuant to the provisions of this section, and to share with such city
any benefits accruing to the county from such contract or from general
provisions of law which become applicable because of the acquisition of
property upon which the office building or buildings, public
improvements, or appurtenances, are constructed, reconstructed or
provided pursuant to the terms of such contract.

(l) From time to time, to authorize, issue and sell obligations,
pursuant to the local finance law, to pay the costs of acquiring
property, of constructing office buildings, of constructing,
reconstructing or otherwise providing other public improvements and
appurtenances, including in each case architectural and engineering
fees, and of purchasing original furnishings, equipment, machinery and
apparatus therefor pursuant to this section. The acquisition of such
property, the construction of such office buildings, the construction,
reconstruction or other provision of other public improvements and
appurtenances and the purchase of such original furnishings, equipment,
machinery and apparatus are hereby declared county purposes.

(m) To make provision in any contract or lease, or both, with the
state relative to the county and its officers and employees being
indemnified and saved harmless from any and all manner of claims,
damages, loss, injury, suits, actions and proceedings and the
performance, payment, and compliance with, all orders and judgments that
may be rendered, obtained or made against the county and arising out of,
connected with, or, because of, anything done or undertaken hereunder or
pursuant hereto by, or, in behalf of, or, in the name of, the county.
There shall be included in such indemnification any expenses, fees and
costs of the county in respect of the foregoing and not otherwise
reimbursed to it pursuant to any contract or lease.

(n) To enter into a contract or contracts in accordance with the
provisions of this section, with the state commissioner of general
services and with a city within such county which contract or contracts
may provide for:

(i) The acquisition by such county of land suitable for the
establishment thereon of a portion of a complex, the remainder of which
complex is to be established upon the contiguous site of an office
building or buildings suitable for the primary use of state departments,
agencies and employees.

(ii) The construction by the county on its land of a building or
buildings and public improvements and appurtenances for the uses and
purposes of the county and such city.

(iii) The designation by the county of the state commissioner of
general services to act as its agent for the joint design, development,
construction, reconstruction and provision of the portions of the
complex containing common facilities, in accordance with plans and
specifications approved by the state commissioner of general services
and the county.

(iv) The payment by the state in the first instance, whenever state
funds therefor are made available, of any and all costs and expenses of
the design, development, construction, reconstruction and development of
the portions of the complex containing the common facilities, subject to
payment to and reimbursement of the state by the county of its
proportionate share of the said costs and expenses, at the time and in
the amounts specified in the contract.

(v) The granting, acceptance and exchange of easements, licenses and
rights-of-way, in, on, over and under any land, building or public
improvement in connection with the construction or use of the complex.

(vi) The operation, maintenance and repair by the state and county and
such city of the common facilities of the complex and for the payment
and reimbursement by the state and county and such city of all costs of
such operation, maintenance and repair.

(vii) The defense against claims by third parties arising out of the
ownership, operation and control of the common facilities, by insurance
or otherwise.

(viii) The repair and reconstruction of any building, common facility,
public improvement and appurtenances within the complex damaged or
destroyed by fire, explosion or other catastrophe.

(ix) The lease by such county and the state of stores and restaurants
within the common facilities for the convenience of state and municipal
employees and the public at large upon such terms and conditions,
including consideration and length of term as such county and the
commissioner of general services deem proper.

2. For purposes of this section:

(a) The term "property" is defined to include lands, waters, rights in
lands or waters, structures, franchises and interests in land, including
lands under water and riparian rights, and any and all other things and
rights usually included within the definition of real property and
includes also any and all interests in such property less than full
title, such as easements permanent or temporary, rights-of-way, uses,
leases, licenses and all other incorporeal hereditaments and every
estate, interest or right, legal or equitable.

(b) The term "public improvement" or "public improvements" is defined
to include but not limited to a courthouse, an archives and records
center, a museum, a laboratory, a park, a garden, a recreation area,
restaurants, shops, the installation of trees, shrubs and other
landscaping, a monument, fountain, sculpture, a plaza, substructure and
parts thereof, mechanical, pedestrian or vehicular accessways, a parking
garage, a parking lot, a pedestrian walkway or overpass or underpass, an
arterial highway or connection, a crossroad or access road, a
transportation terminal or shelter, a meeting hall, a civil defense
shelter against radioactive fallout or blast, and other public
structures and facilities intended for the use of state or municipal
employees and the public at large.

(c) The term "appurtenances" is defined to include but is not limited
to fixtures, equipment, machinery and apparatus which are an integral
part of an office building or public improvement and service units and
other connections and installations for power, water, sewer, gas,
electrical, telephone, heating, air conditioning, ventilating, snow
melting, and other utility services.

(d) The term "governmental-building complex" or "complex" is defined
to mean any building or group of buildings together with their common
facilities, related public improvements and appurtenances, constructed
by the state and any county and such city as an integrated unit for the
primary use of state and municipal offices, departments, agencies,
employees and the public at large.

(e) "Common facility" or "common facilities" is defined to mean public
improvements or appurtenances for the joint use and benefit of occupants
of a governmental complex.

3. Except as otherwise provided in relation to any amount paid by the
state upon the exercise of a right of re-entry upon property which
reverts to the people of the state of New York, or in relation to any
payment made by the state on account of loss or damage caused by fire,
explosion or other catastrophe, or in relation to any proceeds of
insurance, any moneys received by a county from the state in accordance
with the provisions of any contract or lease entered into between the
county and the state commissioner of general services pursuant to this
section shall be applied to and actually used for payment of all costs
of operation, maintenance and repair, if required by such contract or
lease to be performed by the county, and for payment of any interest on
and amortization of or redemption of any county obligations issued
pursuant to paragraph (l) of subdivision one of this section, or such
moneys shall be deposited in a special fund to be used solely for such
payments. The application and use of such payments, or the deposits
required therefor, shall not prohibit the county from using any such
moneys, in excess of such payments or deposits in any one year, for any
lawful county purpose.