2023 New York Laws › GCT - General City › Article 2-A - Powers of Cities › 20-E - State Office Buildings and Other Public Improvements in Certain Cities.

§ 20-e. State  office  buildings  and  other  public  improvements  in
certain cities.  1. Notwithstanding any other provision of law, general,
special or local, every city is hereby authorized and empowered:
(a) To acquire by purchase, gift or dedication, or by  acquisition  in
the manner provided by the eminent domain procedure law, property within
such   city   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 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 in and to such
property, and to agree that if the city 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; provided, however, that as a condition
precedent to the exercise of such right of re-entry the state shall  pay
to  the  city  such  amount  as  may be specified in a contract or lease
entered into between the state commissioner of general services and  the
city  in  accordance  with  the provisions of this act, which amount may
equal (i) the purchase price of the city for  such  property,  (ii)  the
depreciated costs of the city for all buildings, public improvements and
appurtenances  constructed  thereon  pursuant  to  any  such contract or
lease, and (iii) all other costs of the city 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  original
fixtures,  furnishings,  equipment,  machinery  and  apparatus,  if any,
included in such work or purchased by the city. Upon the exercise by the
state of such right of re-entry, the city shall establish a sinking fund
pursuant to subdivision six of section twenty of the  general  city  law
and  any  payment  made  by  the  state  upon  exercise of such right of
re-entry, to the extent necessary, shall 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  city  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 provision 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 city 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 city or to sublease such property to the state
if leased to the city, 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 city and  the  state  commissioner  of
general  services.  The  limitations  set  forth  in  subdivision two of
section twenty-three of this article shall not apply to any such lease.
(h)  To  sublease  from  the  state  an  office  building  or   public
improvement,  or  space  therein,  for  the  use  of  city  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  city, 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 and appurtenance 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 city. 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  city  are not used to rebuild or repair the property,
office  building,  public  improvement  or  appurtenance  destroyed   or
damaged, the city shall establish a sinking fund pursuant to subdivision
six  of  section  twenty  of  this chapter and, to the extent necessary,
shall 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  city in relation to the
property,  office  building,  public  improvement  or  appurtenance   so
destroyed or damaged.
(k)  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  therefore  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 city purposes.
(l)  To  enter  into  a  contract  or contracts in accordance with the
provisions of this section,  with  the  state  commissioner  of  general
services  and  with  any  county  containing such city which contract or
contracts may provide for:
(i)  The  acquisition  by  such  city  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  city  on  its  land of a building or
buildings and public improvements and appurtenances  for  the  uses  and
purposes of the city and such county.
(iii) The designation by the city 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 city.
(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  city  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 city and
such county of the common facilities of the complex and for the  payment
and  reimbursement by the state and city and such county 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  appurtenance  within  the  complex  damaged  or
destroyed by fire, explosion or other catastrophe.
(ix)  The  lease  by such city 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  city  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,  a  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 city and such county 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 building 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 city from the  state  in  accordance
with  the  provisions  of any contract or lease entered into between the
city 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 city, and for payment of any interest on
and amortization  of  or  redemption  of  any  city  obligations  issued
pursuant  to  paragraph  (k) 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  city  from  using  any  such
moneys,  in excess of such payments or deposits in any one year, for any
lawful city purpose.