N.Y. County Law § 850: State office buildings and other public improvements in certain counties

§ 850. State office buildings and other public improvements in certain

counties. 1. Notwithstanding any other provision of law, general,

special or local, every county is hereby authorized and empowered:

(a) To acquire by purchase, gift or dedication, or by condemnation in

the manner provided by the law under which such county is authorized to

acquire property for public purposes, or if there be no such law, in the

manner provided by and subject to the provisions of the condemnation

law, property in any such city within the county 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 or a city within the county 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 or city in and to such property, and to agree that if the

county 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 or shall be conveyed to the people of the state in

fee simple; provided, however, that as a condition precedent to the

exercise of such right of re-entry the state shall pay to the county

such amount as may be specified in a contract or lease entered into

between the state commissioner of general services and the county in

accordance with the provisions of this act, which amount may equal (i)

the purchase price of the county for such property, (ii) the depreciated

costs of the county for all buildings, public improvements and

appurtenances constructed thereon pursuant to any such contract or

lease, and (iii) all other costs of the county 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 the

original fixtures, furnishings, equipment, machinery and apparatus, if

any, included in such work or purchased by the county. Upon the exercise

by the state of such right of re-entry, the county shall establish a

sinking fund and any payment made by the state upon exercise of such

right of re-entry shall, to the extent necessary, 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 county 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 provisions 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 county 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 county or to sublease such property to the

state if leased to the county, 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 county and the state

commissioner of general services.

(h) To sublease from the state an office building or public

improvement, or space therein, for the use of county 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 county, 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, appurtenance, furnishings, equipment,

machinery and apparatus 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

county. 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 county are not used to rebuild or repair the property, office

building, public improvement, appurtenance, furnishings, equipment,

machinery or apparatus destroyed or damaged, the county shall establish

a sinking fund and shall, to the extent necessary, 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 county in relation to the property, office building, public

improvement, appurtenance, furnishings, equipment, machinery or

apparatus so destroyed or damaged.

(k) To make all agreements, necessary or convenient in respect

thereof, with a city within such county which joins with the county and

the state commissioner of general services in a contract entered into

pursuant to the provisions of this section, and to share with such city

any benefits accruing to the county from such contract or from general

provisions of law which become applicable because of the acquisition of

property upon which the office building or buildings, public

improvements, or appurtenances, are constructed, reconstructed or

provided pursuant to the terms of such contract.

(l) 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 therefor 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 county purposes.

(m) To make provision in any contract or lease, or both, with the

state relative to the county and its officers and employees being

indemnified and saved harmless from any and all manner of claims,

damages, loss, injury, suits, actions and proceedings and the

performance, payment, and compliance with, all orders and judgments that

may be rendered, obtained or made against the county and arising out of,

connected with, or, because of, anything done or undertaken hereunder or

pursuant hereto by, or, in behalf of, or, in the name of, the county.

There shall be included in such indemnification any expenses, fees and

costs of the county in respect of the foregoing and not otherwise

reimbursed to it pursuant to any contract or lease.

(n) To enter into a contract or contracts in accordance with the

provisions of this section, with the state commissioner of general

services and with a city within such county which contract or contracts

may provide for:

(i) The acquisition by such county 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 county on its land of a building or

buildings and public improvements and appurtenances for the uses and

purposes of the county and such city.

(iii) The designation by the county 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 county.

(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 county 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 county and

such city of the common facilities of the complex and for the payment

and reimbursement by the state and county and such city 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 appurtenances within the complex damaged or

destroyed by fire, explosion or other catastrophe.

(ix) The lease by such county 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 county 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, 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 county and such city 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 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 county from the state in accordance

with the provisions of any contract or lease entered into between the

county 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 county, and for payment of any interest on

and amortization of or redemption of any county obligations issued

pursuant to paragraph (l) 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 county from using any such

moneys, in excess of such payments or deposits in any one year, for any

lawful county purpose.