§ 1383 — Grants from commissioner of general services

New York § 1383

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 3: Ogdensburg Port Authority
• Art. 6: Port Authorities

Text

§ 1383. Grants from commissioner of general services. 1. The\ncommissioner of general services shall have power, in his discretion,\nfrom time to time to transfer and convey to the authority for such\nconsideration as may be determined by him to be paid to the state of New\nYork unappropriated state lands and lands under water which the\nauthority shall certify to be necessary or desirable for the corporate\npurposes of the authority. The state hereby further authorizes the\ncommissioner of general services, with the consent of the commissioner\nof mental hygiene and approval of the director of the budget, to grant\nto the authority a portion of the lands of the Saint Lawrence state\nhospital located in the county of Saint Lawrence, upon such terms and\nconditions, including consideration, as such commissioner may determine.\nThe portion of such lands of such hospital herein authorized to be\ngranted shall be taken from the southerly end of the hospital property\nadjacent to state highway route number thirty-seven, together with two\nparcels of land acquired by two deeds, one from Orville Cruikshank and\nCora Cruikshank McEwen, dated October 11, 1945, and recorded in Saint\nLawrence county clerk's office on November 8, 1945, in Liber 365 of\ndeeds at page 47, containing 96.42 acres, more or less, and the other\nfrom Hubert Webb and Irene Webb, dated October 13, 1945, and recorded in\nthe Saint Lawrence county clerk's office on November 8, 1945, in Liber\n365 of deeds at page 45, containing 34 acres, more or less, such lands\nbeing former farm lands of such hospital. The department of\ntransportation shall make an accurate survey of the parcels of such farm\nland to be granted and the grant to the authority may describe the land\naccording to such survey. The land so conveyed by the state to the\nauthority shall be utilized and developed by the authority for the\nestablishment of an industrial park.\n 2. Actual payment of the consideration for the grant as determined by\nthe commissioner of general services shall not be required as a\ncondition precedent to the issuance of such grant, but the amount\nthereof shall be certified by the commissioner to the state comptroller\nand shall be deemed an advance to the authority by the state, to be\nrepaid out of the port facilities development fund herein provided for\nunless the authority shall issue bonds for the development of such\nfacilities, in which event the advance to the authority by the state\nshall be repaid to the state out of the first proceeds of such issue of\nbonds.\n 3. The authority shall establish and maintain a port facilities\ndevelopment fund and shall cause all moneys received by it from the\noperation of such port facilities to be deposited in such fund for the\npayment of all costs of operation, maintenance and repair of the port\nfacilities and the repayment to the people of the state of New York of\nany advance made by the state to the authority, which repayment to the\npeople of the state of New York shall not exceed in any one year fifty\nper centum of the moneys received by the authority in excess of the\ncosts of operation, maintenance and repair of said port facilities.\n 4. Upon the issuance of said lease or grant by the commissioner of\ngeneral services pursuant to this act the authority shall assume all\nexpense of or incidental to the operation, maintenance, repair and\nadministration of said port facilities.\n 5. Except as to moneys and rates accrued thereunder at the time of\nvesting in the authority all the right, title and interest of the state\nin and to said port facilities as herein provided, and as incident\nthereto, there shall also vest in the authority all the right, title and\ninterest of the state in and to and in connection with the following\ncontracts, agreements and permits with third persons: (a) any and all\nexecutory contracts, agreements and permits for the use of said port\nfacilities by third persons as tenants, licensees, or otherwise, or for\nthe docking, mooring or anchorage thereat of vessels owned by third\npersons, or for the loading, unloading, handling, storage, processing or\nmanipulation of grain, freight, or other property of third persons, or\nfor the rendering of any other services to third persons at said pier\nproperties as wharfinger or warehouseman or otherwise; (b) any and all\nexecutory contracts and agreements for the furnishing by third persons\nof electricity, gas, steam, water or telephone service at said port\nfacilities.\n 6. The authority shall not grant or convey title to said port\nfacilities to any person or legal entity other than the people of the\nstate of New York.\n 7. If the authority shall violate any of the conditions herein set\nforth or such other conditions as the board of commissioners of the land\noffice heretofore included in any lease or grant of said port facilities\nor any other conditions as the office of general services may include in\nany lease or grant of said port facilities and such violation of any of\nsaid conditions shall not have been remedied by the authority within\nninety days after the giving of notice of the existence of such\nviolation by the commissioner of transportation of the state of New\nYork, then at the option of the state such port facilities shall revert\nto the people of the state of New York.\n 8. If the port facilities revert to the people of the state of New\nYork they shall be and shall be deemed to be unappropriated state lands.\n