Legislation
SECTION 20-E
State office buildings and other public improvements in certain cities
General City (GCT) CHAPTER 21, ARTICLE 2-A
§ 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.
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.