NY Pub Auth L § 1383 (2021)
2021 New York Laws PBA - Public Authorities Article 6 - Port Authorities Title 3 - Ogdensburg Port Authority 1383 - Grants From Commissioner of General Services.

§   1383.  Grants  from  commissioner  of  general  services.  1.  The   commissioner of general services shall have power,  in  his  discretion,   from  time  to  time  to  transfer  and convey to the authority for such   consideration as may be determined by him to be paid to the state of New   York  unappropriated  state  lands  and  lands  under  water  which  the   authority  shall  certify to be necessary or desirable for the corporate   purposes of the authority.  The  state  hereby  further  authorizes  the   commissioner  of  general services, with the consent of the commissioner   of mental hygiene and approval of the director of the budget,  to  grant   to  the  authority  a  portion  of the lands of the Saint Lawrence state   hospital located in the county of Saint Lawrence, upon  such  terms  and   conditions, including consideration, as such commissioner may determine.   The  portion  of  such  lands  of  such hospital herein authorized to be   granted shall be taken from the southerly end of the  hospital  property   adjacent  to  state highway route number thirty-seven, together with two   parcels of land acquired by two deeds, one from Orville  Cruikshank  and   Cora  Cruikshank  McEwen,  dated October 11, 1945, and recorded in Saint   Lawrence county clerk's office on November 8,  1945,  in  Liber  365  of   deeds  at  page  47, containing 96.42 acres, more or less, and the other   from Hubert Webb and Irene Webb, dated October 13, 1945, and recorded in   the Saint Lawrence county clerk's office on November 8, 1945,  in  Liber   365  of  deeds at page 45, containing 34 acres, more or less, such lands   being  former  farm  lands  of  such   hospital.   The   department   of   transportation shall make an accurate survey of the parcels of such farm   land  to be granted and the grant to the authority may describe the land   according to such survey. The land so  conveyed  by  the  state  to  the   authority  shall  be  utilized  and  developed  by the authority for the   establishment of an industrial park.2. Actual payment of the consideration for the grant as determined  by   the  commissioner  of  general  services  shall  not  be  required  as a   condition precedent to the  issuance  of  such  grant,  but  the  amount   thereof  shall be certified by the commissioner to the state comptroller   and shall be deemed an advance to the authority  by  the  state,  to  be   repaid  out  of the port facilities development fund herein provided for   unless the authority shall issue  bonds  for  the  development  of  such   facilities,  in  which  event  the advance to the authority by the state   shall be repaid to the state out of the first proceeds of such issue  of   bonds.3.  The  authority  shall  establish  and  maintain  a port facilities   development fund and shall cause all moneys  received  by  it  from  the   operation  of  such port facilities to be deposited in such fund for the   payment of all costs of operation, maintenance and repair  of  the  port   facilities  and  the repayment to the people of the state of New York of   any advance made by the state to the authority, which repayment  to  the   people  of  the state of New York shall not exceed in any one year fifty   per centum of the moneys received by the  authority  in  excess  of  the   costs of operation, maintenance and repair of said port facilities.4.  Upon  the  issuance  of said lease or grant by the commissioner of   general services pursuant to this act the  authority  shall  assume  all   expense  of  or  incidental  to  the  operation, maintenance, repair and   administration of said port facilities.5. Except as to moneys and rates accrued thereunder  at  the  time  of   vesting  in the authority all the right, title and interest of the state   in and to said port facilities  as  herein  provided,  and  as  incident   thereto, there shall also vest in the authority all the right, title and   interest  of  the  state  in and to and in connection with the following   contracts, agreements and permits with third persons: (a)  any  and  all   executory  contracts,  agreements  and  permits for the use of said port    facilities by third persons as tenants, licensees, or otherwise, or  for   the  docking,  mooring  or  anchorage  thereat of vessels owned by third   persons, or for the loading, unloading, handling, storage, processing or   manipulation  of  grain, freight, or other property of third persons, or   for the rendering of any other services to third persons  at  said  pier   properties  as  wharfinger or warehouseman or otherwise; (b) any and all   executory contracts and agreements for the furnishing by  third  persons   of  electricity,  gas,  steam,  water  or telephone service at said port   facilities.6. The authority  shall  not  grant  or  convey  title  to  said  port   facilities  to  any  person or legal entity other than the people of the   state of New York.7. If the authority shall violate any of  the  conditions  herein  set   forth or such other conditions as the board of commissioners of the land   office heretofore included in any lease or grant of said port facilities   or any other conditions as the office of general services may include in   any  lease or grant of said port facilities and such violation of any of   said conditions shall not have been remedied  by  the  authority  within   ninety  days  after  the  giving  of  notice  of  the  existence of such   violation by the commissioner of transportation  of  the  state  of  New   York,  then at the option of the state such port facilities shall revert   to the people of the state of New York.8. If the port facilities revert to the people of  the  state  of  New   York they shall be and shall be deemed to be unappropriated state lands.