2023 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.