§ 850 — State office buildings and other public improvements in certain counties

§ 850. State office buildings and other public improvements in certain\ncounties. 1. Notwithstanding any other provision of law, general,\nspecial or local, every county is hereby authorized and empowered:\n (a) To acquire by purchase, gift or dedication, or by condemnation in\nthe manner provided by the law under which such county is authorized to\nacquire property for public purposes, or if there be no such law, in the\nmanner provided by and subject to the provisions of the condemnation\nlaw, property in any such city within the county as a site for an office\nbuilding or buildings and appurtenances, suitable for the primary use of\nstate departments, agencies and employees, and other public improvements\nand appurtenances, which site may be located within a larger area\npreviously acquired and cleared under an urban renewal program.\n (b) To acquire property from the state or a city within the county as\nsuch a site, by lease for a term not exceeding forty years, or by a\nquitclaim deed conveying all the right, title and interest of the people\nof the state or city in and to such property, and to agree that if the\ncounty shall fail, within five years from the date of such conveyance,\nto construct an office building or to construct, reconstruct or\notherwise provide a public improvement on such property as may be\nrequired by the terms of a contract entered into with the state\ncommissioner of general services in accordance with the provisions of\nthis section, or if any office building so constructed on such property\nceases to be used primarily for state purposes, then and in either\nevent, such property shall revert to the people of the state with right\nof re-entry thereupon or shall be conveyed to the people of the state in\nfee simple; provided, however, that as a condition precedent to the\nexercise of such right of re-entry the state shall pay to the county\nsuch amount as may be specified in a contract or lease entered into\nbetween the state commissioner of general services and the county in\naccordance with the provisions of this act, which amount may equal (i)\nthe purchase price of the county for such property, (ii) the depreciated\ncosts of the county for all buildings, public improvements and\nappurtenances constructed thereon pursuant to any such contract or\nlease, and (iii) all other costs of the county 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 the\noriginal fixtures, furnishings, equipment, machinery and apparatus, if\nany, included in such work or purchased by the county. Upon the exercise\nby the state of such right of re-entry, the county shall establish a\nsinking fund and any payment made by the state upon exercise of such\nright of re-entry shall, to the extent necessary, be paid into such fund\nwhich shall be maintained solely for the liquidation of the principal of\nand interest on any indebtedness contracted or incurred by the county 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 provisions 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 county 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 county or to sublease such property to the\nstate if leased to the county, for a term not exceeding forty years and\nupon such terms and conditions including a fair and reasonable annual\nrental as may be agreed upon between the county and the state\ncommissioner of general services.\n (h) To sublease from the state an office building or public\nimprovement, or space therein, for the use of county 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 county, 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, appurtenance, furnishings, equipment,\nmachinery and apparatus shall be insured against loss or damage from\nsuch causes, for the payment of the cost of such insurance and for the\napplication of (i) any payments made by the state in respect of such\nliability, or (ii) the proceeds of any such insurance received by the\ncounty. If, under the terms of such contract or lease, any payments so\nmade by the state or the proceeds of any such insurance so received by\nthe county are not used to rebuild or repair the property, office\nbuilding, public improvement, appurtenance, furnishings, equipment,\nmachinery or apparatus destroyed or damaged, the county shall establish\na sinking fund and shall, to the extent necessary, pay any such payments\nso made by the state or the proceeds of any such insurance so received\ninto such fund which shall be maintained solely for the liquidation of\nthe principal of and interest on any indebtedness contracted or incurred\nby the county in relation to the property, office building, public\nimprovement, appurtenance, furnishings, equipment, machinery or\napparatus so destroyed or damaged.\n (k) To make all agreements, necessary or convenient in respect\nthereof, with a city within such county which joins with the county and\nthe state commissioner of general services in a contract entered into\npursuant to the provisions of this section, and to share with such city\nany benefits accruing to the county from such contract or from general\nprovisions of law which become applicable because of the acquisition of\nproperty upon which the office building or buildings, public\nimprovements, or appurtenances, are constructed, reconstructed or\nprovided pursuant to the terms of such contract.\n (l) 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 therefor 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 county purposes.\n (m) To make provision in any contract or lease, or both, with the\nstate relative to the county and its officers and employees being\nindemnified and saved harmless from any and all manner of claims,\ndamages, loss, injury, suits, actions and proceedings and the\nperformance, payment, and compliance with, all orders and judgments that\nmay be rendered, obtained or made against the county and arising out of,\nconnected with, or, because of, anything done or undertaken hereunder or\npursuant hereto by, or, in behalf of, or, in the name of, the county.\nThere shall be included in such indemnification any expenses, fees and\ncosts of the county in respect of the foregoing and not otherwise\nreimbursed to it pursuant to any contract or lease.\n (n) To enter into a contract or contracts in accordance with the\nprovisions of this section, with the state commissioner of general\nservices and with a city within such county which contract or contracts\nmay provide for:\n (i) The acquisition by such county 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 county on its land of a building or\nbuildings and public improvements and appurtenances for the uses and\npurposes of the county and such city.\n (iii) The designation by the county of the state commissioner of\ngeneral services 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 county.\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 county 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 county and\nsuch city of the common facilities of the complex and for the payment\nand reimbursement by the state and county and such city 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 appurtenances within the complex damaged or\ndestroyed by fire, explosion or other catastrophe.\n (ix) The lease by such county 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 county 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, substructure and\nparts thereof, mechanical, pedestrian or vehicular accessways, a parking\ngarage, a parking lot, a pedestrian walkway or overpass or underpass, an\narterial highway or connection, a crossroad or access road, a\ntransportation terminal or shelter, a meeting hall, a civil defense\nshelter 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 county and such city 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 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 county from the state in accordance\nwith the provisions of any contract or lease entered into between the\ncounty 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 county, and for payment of any interest on\nand amortization of or redemption of any county obligations issued\npursuant to paragraph (l) 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 county from using any such\nmoneys, in excess of such payments or deposits in any one year, for any\nlawful county purpose.\n