N.Y. Public Authorities Law § 1383: Grants from commissioner of general services

§ 1383. Grants from commissioner of general services. 1. The

commissioner of general services shall have power, in his discretion,

from time to time to transfer and convey to the authority for such

consideration as may be determined by him to be paid to the state of New

York unappropriated state lands and lands under water which the

authority shall certify to be necessary or desirable for the corporate

purposes of the authority. The state hereby further authorizes the

commissioner of general services, with the consent of the commissioner

of mental hygiene and approval of the director of the budget, to grant

to the authority a portion of the lands of the Saint Lawrence state

hospital located in the county of Saint Lawrence, upon such terms and

conditions, including consideration, as such commissioner may determine.

The portion of such lands of such hospital herein authorized to be

granted shall be taken from the southerly end of the hospital property

adjacent to state highway route number thirty-seven, together with two

parcels of land acquired by two deeds, one from Orville Cruikshank and

Cora Cruikshank McEwen, dated October 11, 1945, and recorded in Saint

Lawrence county clerk's office on November 8, 1945, in Liber 365 of

deeds at page 47, containing 96.42 acres, more or less, and the other

from Hubert Webb and Irene Webb, dated October 13, 1945, and recorded in

the Saint Lawrence county clerk's office on November 8, 1945, in Liber

365 of deeds at page 45, containing 34 acres, more or less, such lands

being former farm lands of such hospital. The department of

transportation shall make an accurate survey of the parcels of such farm

land to be granted and the grant to the authority may describe the land

according to such survey. The land so conveyed by the state to the

authority shall be utilized and developed by the authority for the

establishment of an industrial park.

2. Actual payment of the consideration for the grant as determined by

the commissioner of general services shall not be required as a

condition precedent to the issuance of such grant, but the amount

thereof shall be certified by the commissioner to the state comptroller

and shall be deemed an advance to the authority by the state, to be

repaid out of the port facilities development fund herein provided for

unless the authority shall issue bonds for the development of such

facilities, in which event the advance to the authority by the state

shall be repaid to the state out of the first proceeds of such issue of

bonds.

3. The authority shall establish and maintain a port facilities

development fund and shall cause all moneys received by it from the

operation of such port facilities to be deposited in such fund for the

payment of all costs of operation, maintenance and repair of the port

facilities and the repayment to the people of the state of New York of

any advance made by the state to the authority, which repayment to the

people of the state of New York shall not exceed in any one year fifty

per centum of the moneys received by the authority in excess of the

costs of operation, maintenance and repair of said port facilities.

4. Upon the issuance of said lease or grant by the commissioner of

general services pursuant to this act the authority shall assume all

expense of or incidental to the operation, maintenance, repair and

administration of said port facilities.

5. Except as to moneys and rates accrued thereunder at the time of

vesting in the authority all the right, title and interest of the state

in and to said port facilities as herein provided, and as incident

thereto, there shall also vest in the authority all the right, title and

interest of the state in and to and in connection with the following

contracts, agreements and permits with third persons: (a) any and all

executory contracts, agreements and permits for the use of said port

facilities by third persons as tenants, licensees, or otherwise, or for

the docking, mooring or anchorage thereat of vessels owned by third

persons, or for the loading, unloading, handling, storage, processing or

manipulation of grain, freight, or other property of third persons, or

for the rendering of any other services to third persons at said pier

properties as wharfinger or warehouseman or otherwise; (b) any and all

executory contracts and agreements for the furnishing by third persons

of electricity, gas, steam, water or telephone service at said port

facilities.

6. The authority shall not grant or convey title to said port

facilities to any person or legal entity other than the people of the

state of New York.

7. If the authority shall violate any of the conditions herein set

forth or such other conditions as the board of commissioners of the land

office heretofore included in any lease or grant of said port facilities

or any other conditions as the office of general services may include in

any lease or grant of said port facilities and such violation of any of

said conditions shall not have been remedied by the authority within

ninety days after the giving of notice of the existence of such

violation by the commissioner of transportation of the state of New

York, then at the option of the state such port facilities shall revert

to the people of the state of New York.

8. If the port facilities revert to the people of the state of New

York they shall be and shall be deemed to be unappropriated state lands.