2023 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.