§ 20-E — State office buildings and other public improvements in certain cities

New York § 20-E

• Jurisdiction: New York
• Law GCT: General City
• Art. 2-A: Powers of Cities

Text

§ 20-e. State office buildings and other public improvements in\ncertain cities. 1. Notwithstanding any other provision of law, general,\nspecial or local, every city is hereby authorized and empowered:\n (a) To acquire by purchase, gift or dedication, or by acquisition in\nthe manner provided by the eminent domain procedure law, property within\nsuch city as a site for an office building or buildings and\nappurtenances, suitable for the primary use of state departments,\nagencies and employees, and other public improvements and appurtenances,\nwhich site may be located within a larger area previously acquired and\ncleared under an urban renewal program.\n (b) To acquire property from the state as such a site, by lease for a\nterm not exceeding forty years, or by a quitclaim deed conveying all the\nright, title and interest of the people of the state in and to such\nproperty, and to agree that if the city shall fail, within five years\nfrom the date of such conveyance, to construct an office building or to\nconstruct, reconstruct or otherwise provide a public improvement on such\nproperty as may be required by the terms of a contract entered into with\nthe state commissioner of general services in accordance with the\nprovisions of this section, or if any office building so constructed on\nsuch property ceases to be used primarily for state purposes, then and\nin either event, such property shall revert to the people of the state\nwith right of re-entry thereupon; provided, however, that as a condition\nprecedent to the exercise of such right of re-entry the state shall pay\nto the city such amount as may be specified in a contract or lease\nentered into between the state commissioner of general services and the\ncity in accordance with the provisions of this act, which amount may\nequal (i) the purchase price of the city for such property, (ii) the\ndepreciated costs of the city for all buildings, public improvements and\nappurtenances constructed thereon pursuant to any such contract or\nlease, and (iii) all other costs of the city incurred pursuant to such\ncontract or lease incident to such property and the construction of such\noffice buildings and the construction, reconstruction or provision of\npublic improvements and appurtenances, including the cost of original\nfixtures, furnishings, equipment, machinery and apparatus, if any,\nincluded in such work or purchased by the city. Upon the exercise by the\nstate of such right of re-entry, the city shall establish a sinking fund\npursuant to subdivision six of section twenty of the general city law\nand any payment made by the state upon exercise of such right of\nre-entry, to the extent necessary, shall be paid into such fund which\nshall be maintained solely for the liquidation of the principal of and\ninterest on any indebtedness contracted or incurred by the city in\nrelation to the property which so reverts to the people of the state of\nNew York.\n (c) To enter into a contract or contracts with the state commissioner\nof general services on behalf of the state providing for the\nconstruction on such property of one or more office buildings, suitable\nfor the primary use of state departments, agencies and employees, and\nfor the construction, reconstruction or other provision of other public\nimprovements and appurtenances.\n (d) To clear such property, close and open streets and public ways,\nand demolish existing structures as may be required by any such contract\nwith the state commissioner of general services and to construct one or\nmore such office buildings and to construct, reconstruct or otherwise\nprovide for other public improvements and appurtenances in accordance\nwith plans and specifications approved by the state commissioner of\ngeneral services and incorporated in any such contract.\n (e) To designate the state commissioner of general services as its\nagent in connection with the construction of one or more such office\nbuildings and the construction, reconstruction or provision of other\npublic improvements and appurtenances by the city pursuant to any such\ncontract with the state commissioner of general services, provided that\nin such case, construction, reconstruction or other contracts in\nconnection therewith shall be let by the state commissioner of general\nservices to the lowest responsible bidder, after public advertisement,\nin the manner provided in section eight of the public buildings law.\n (f) To purchase through the state office of general services, in\naccordance with section one hundred four of the general municipal law,\nsuch furnishings, equipment, machinery and apparatus, not included in\nthe construction plans and specifications, as may be specified by\ncontract with the state commissioner of general services for\ninstallation in an office building, public improvement or appurtenances,\nand to install, alter or improve the same in accordance with such\ncontract.\n (g) To lease to the state, for possession upon the completion of work,\nall office buildings and public improvements and appurtenances\nconstructed, reconstructed or provided pursuant to any such contract\nwith the state commissioner of general services, together with the\noriginal furnishings, equipment, machinery and apparatus installed\ntherein pursuant to paragraph (f) of this subdivision, and to lease the\nproperty upon which such office buildings, public improvements and\nappurtenances are constructed, reconstructed or provided if such\nproperty is owned by the city or to sublease such property to the state\nif leased to the city, for a term not exceeding forty years and upon\nsuch terms and conditions including a fair and reasonable annual rental\nas may be agreed upon between the city and the state commissioner of\ngeneral services. The limitations set forth in subdivision two of\nsection twenty-three of this article shall not apply to any such lease.\n (h) To sublease from the state an office building or public\nimprovement, or space therein, for the use of city departments,\nagencies, or employees.\n (i) To convey to the state title to all such office buildings and\npublic improvements and appurtenances, and to the property upon which\nthe same are constructed, reconstructed or provided if such property is\nowned by the city, in fee simple at the expiration of the term of any\nsuch lease or upon the earlier payment in full of the total amount\nspecified in any such contract or lease with the state commissioner of\ngeneral services, without additional charge therefor.\n (j) To make appropriate provision in any contract or lease with the\nstate as to liability on account of loss or damage caused by fire,\nexplosion or other catastrophe and as to whether any property, office\nbuilding, public improvement and appurtenance shall be insured against\nloss or damage from such causes, for the payment of the cost of such\ninsurance and for the application of (i) any payments made by the state\nin respect of such liability, or (ii) the proceeds of any such insurance\nreceived by the city. If, under the terms of such contract or lease, any\npayments so made by the state or the proceeds of any such insurance so\nreceived by the city are not used to rebuild or repair the property,\noffice building, public improvement or appurtenance destroyed or\ndamaged, the city shall establish a sinking fund pursuant to subdivision\nsix of section twenty of this chapter and, to the extent necessary,\nshall pay any such payments so made by the state or the proceeds of any\nsuch insurance so received into such fund which shall be maintained\nsolely for the liquidation of the principal of and interest on any\nindebtedness contracted or incurred by the city in relation to the\nproperty, office building, public improvement or appurtenance so\ndestroyed or damaged.\n (k) From time to time, to authorize, issue and sell obligations,\npursuant to the local finance law, to pay the costs of acquiring\nproperty, of constructing office buildings, of constructing,\nreconstructing or otherwise providing other public improvements and\nappurtenances, including in each case architectural and engineering\nfees, and of purchasing original furnishings, equipment, machinery and\napparatus therefore pursuant to this section. The acquisition of such\nproperty, the construction of such office buildings, the construction,\nreconstruction or other provision of other public improvements and\nappurtenances and the purchase of such original furnishings, equipment,\nmachinery and apparatus are hereby declared city purposes.\n (l) To enter into a contract or contracts in accordance with the\nprovisions of this section, with the state commissioner of general\nservices and with any county containing such city which contract or\ncontracts may provide for:\n (i) The acquisition by such city of land suitable for the\nestablishment thereon of a portion of a complex, the remainder of which\ncomplex is to be established upon the contiguous site of an office\nbuilding or buildings suitable for the primary use of state departments,\nagencies and employees.\n (ii) The construction by the city on its land of a building or\nbuildings and public improvements and appurtenances for the uses and\npurposes of the city and such county.\n (iii) The designation by the city of the state commissioner of general\nservices to act as its agent for the joint design, development,\nconstruction, reconstruction and provision of the portions of the\ncomplex containing common facilities, in accordance with plans and\nspecifications approved by the state commissioner of general services\nand the city.\n (iv) The payment by the state in the first instance, whenever state\nfunds therefor are made available, of any and all costs and expenses of\nthe design, development, construction, reconstruction and development of\nthe portions of the complex containing the common facilities, subject to\npayment to and reimbursement of the state by the city of its\nproportionate share of the said costs and expenses, at the time and in\nthe amounts specified in the contract.\n (v) The granting, acceptance and exchange of easements, licenses and\nrights-of-way in, on, over and under any land, building or public\nimprovement in connection with the construction or use of the complex.\n (vi) The operation, maintenance and repair by the state and city and\nsuch county of the common facilities of the complex and for the payment\nand reimbursement by the state and city and such county of all costs of\nsuch operation, maintenance and repair.\n (vii) The defense against claims by third parties arising out of the\nownership, operation and control of the common facilities, by insurance\nor otherwise.\n (viii) The repair and reconstruction of any building, common facility,\npublic improvement and appurtenance within the complex damaged or\ndestroyed by fire, explosion or other catastrophe.\n (ix) The lease by such city and the state of stores and restaurants\nwithin the common facilities for the convenience of state and municipal\nemployees and the public at large upon such terms and conditions,\nincluding consideration and length of term as such city and the\ncommissioner of general services deem proper.\n 2. For purposes of this section:\n (a) The term "property" is defined to include lands, waters, rights in\nlands or waters, structures, franchises and interests in land, including\nlands under water and riparian rights, and any and all other things and\nrights usually included within the definition of real property and\nincludes also any and all interests in such property less than full\ntitle, such as easements permanent or temporary, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable.\n (b) The term "public improvement" or "public improvements" is defined\nto include but not limited to a courthouse, an archives and records\ncenter, a museum, a laboratory, a park, a garden, a recreation area,\nrestaurants, shops, the installation of trees, shrubs and other\nlandscaping, a monument, fountain, sculpture, a plaza, a substructure\nand parts thereof, mechanical, pedestrian or vehicular accessways, a\nparking garage, a parking lot, a pedestrian walkway or overpass or\nunderpass, an arterial highway or connection, a crossroad or access\nroad, a transportation terminal or shelter, a meeting hall, a civil\ndefense shelter against radioactive fallout or blast, and other public\nstructures and facilities intended for the use of state or municipal\nemployees and the public at large.\n (c) The term "appurtenances" is defined to include but is not limited\nto fixtures, equipment, machinery and apparatus which are an integral\npart of an office building or public improvement and service units and\nother connections and installations for power, water, sewer, gas,\nelectrical, telephone, heating, air conditioning, ventilating, snow\nmelting, and other utility services.\n (d) The term "governmental building complex" or "complex" is defined\nto mean any building or group of buildings together with their common\nfacilities, related public improvements and appurtenances, constructed\nby the state and any city and such county as an integrated unit for the\nprimary use of state and municipal offices, departments, agencies,\nemployees and the public at large.\n (e) "Common facility" or "common facilities" is defined to mean public\nimprovements or appurtenances for the joint use and benefit of occupants\nof a governmental building complex.\n 3. Except as otherwise provided in relation to any amount paid by the\nstate upon the exercise of a right of re-entry upon property which\nreverts to the people of the state of New York, or in relation to any\npayment made by the state on account of loss or damage caused by fire,\nexplosion or other catastrophe, or in relation to any proceeds of\ninsurance, any moneys received by a city from the state in accordance\nwith the provisions of any contract or lease entered into between the\ncity and the state commissioner of general services pursuant to this\nsection shall be applied to and actually used for payment of all costs\nof operation, maintenance and repair, if required by such contract or\nlease to be performed by the city, and for payment of any interest on\nand amortization of or redemption of any city obligations issued\npursuant to paragraph (k) of subdivision one of this section, or such\nmoneys shall be deposited in a special fund to be used solely for such\npayments. The application and use of such payments, or the deposits\nrequired therefor, shall not prohibit the city from using any such\nmoneys, in excess of such payments or deposits in any one year, for any\nlawful city purpose.\n