NY Cty L § 850 (2021)
2021 New York Laws CNT - County Article 23 - Provisions Applicable to Certain Counties 850 - State Office Buildings and Other Public Improvements in Certain Counties.

§ 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.