N.Y. General City Law § 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.