State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-12 > 1285-l

§  1285-l.  State park infrastructure projects. In order to effectuate  the purposes of this title, the corporation  shall  have  the  following  additional special powers:    1. Notwithstanding the provisions of any general or special law to the  contrary,  the  office of parks, recreation and historic preservation or  the division of the budget, with the approval of  the  director  of  the  budget,  and  the corporation are each hereby authorized to enter into a  contract or  contracts  providing  for  the  financing  of  the  design,  acquisition,  construction,  improvement  and installation of all or any  portion of any state park infrastructure project or reimbursement to the  state for costs incurred in connection with a state park  infrastructure  project  for  and  on  behalf  of the state; and the corporation and the  office of parks, recreation and historic preservation or the division of  the budget, with the approval of the director of the budget,  may  enter  into  a  contract, lease, easement, license or other instrument pursuant  to which the corporation shall make all or any portion of any state park  infrastructure project available to such state agency. Any such contract  or contracts, lease, easement, license or other instrument shall be upon  such terms and  conditions  as  the  corporation  and  the  state  shall  determine  to  be reasonable, including, but not limited to, the payment  of or reimbursement  to  the  corporation  for  (a)  all  costs  of  the  corporation   in  financing  all  or  any  portion  of  any  state  park  infrastructure project, and any claims arising therefrom, (b)  all  fees  and  other  charges of, and all expenses incurred by, the corporation in  connection with the issuance and administration of any  bonds  or  notes  issued  by  the corporation for such purpose, and (c) amounts sufficient  to pay all principal, premium, if any, and interest  on  such  bonds  or  notes.  Such payment or reimbursement may be made annually or otherwise,  may be in fixed amounts or based on any factors or other matters, or may  be made in any other manner,  as  such  contract  or  contracts,  lease,  easement, license or other instrument shall provide.  Provided, however,  that the net proceeds of any such bonds or notes issued shall not exceed  sixteen  million  dollars,  not  including  issuance  costs, capitalized  interest and debt service reserve funds.    2. Any such contract or contracts, lease, easement, license  or  other  instrument  entered  into  pursuant  to  subdivision one of this section  shall provide that the obligation of the state to fund  or  to  pay  the  amounts  therein  provided  for shall not constitute a debt of the state  within the meaning of any  constitutional  or  statutory  provision  and  shall  be  deemed  executory  only  to  the  extent  of moneys available  therefor and that no liability shall be incurred by the state beyond the  moneys available for such purpose, and that such obligation  is  subject  to annual appropriation by the legislature.    3.  Any  such contract or contracts, lease, easement, license or other  instrument or any payments made or to be made thereunder may be assigned  and pledged by the corporation as  security  for  its  bonds  and  notes  issued  for  the  purpose of financing all or any part of any state park  infrastructure project.    4. The corporation and the office of parks,  recreation  and  historic  preservation  or  the  division  of the budget, with the approval of the  director of the budget, may enter into any leases,  easements,  licenses  or  other instruments for the purpose of granting to the corporation any  interest in real property which the corporation shall deem necessary for  the  purpose  of  financing  the  design,   acquisition,   construction,  improvement  and  installation  of  all or any portion of any state park  infrastructure project. The corporation shall hold any such interest  in  real  property  in  trust  for  the  state,  shall  make  and  keep suchproperties accessible to the public, and shall not sell, lease, exchange  or donate such properties except to the state.    5.   The   comptroller  is  hereby  authorized  to  receive  from  the  corporation any portion of special  obligation  bond  proceeds  paid  to  provide  funds  for or reimburse the state for its costs associated with  any state park infrastructure project and to credit such amounts to  the  capital projects fund or any other appropriate fund.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-12 > 1285-l

§  1285-l.  State park infrastructure projects. In order to effectuate  the purposes of this title, the corporation  shall  have  the  following  additional special powers:    1. Notwithstanding the provisions of any general or special law to the  contrary,  the  office of parks, recreation and historic preservation or  the division of the budget, with the approval of  the  director  of  the  budget,  and  the corporation are each hereby authorized to enter into a  contract or  contracts  providing  for  the  financing  of  the  design,  acquisition,  construction,  improvement  and installation of all or any  portion of any state park infrastructure project or reimbursement to the  state for costs incurred in connection with a state park  infrastructure  project  for  and  on  behalf  of the state; and the corporation and the  office of parks, recreation and historic preservation or the division of  the budget, with the approval of the director of the budget,  may  enter  into  a  contract, lease, easement, license or other instrument pursuant  to which the corporation shall make all or any portion of any state park  infrastructure project available to such state agency. Any such contract  or contracts, lease, easement, license or other instrument shall be upon  such terms and  conditions  as  the  corporation  and  the  state  shall  determine  to  be reasonable, including, but not limited to, the payment  of or reimbursement  to  the  corporation  for  (a)  all  costs  of  the  corporation   in  financing  all  or  any  portion  of  any  state  park  infrastructure project, and any claims arising therefrom, (b)  all  fees  and  other  charges of, and all expenses incurred by, the corporation in  connection with the issuance and administration of any  bonds  or  notes  issued  by  the corporation for such purpose, and (c) amounts sufficient  to pay all principal, premium, if any, and interest  on  such  bonds  or  notes.  Such payment or reimbursement may be made annually or otherwise,  may be in fixed amounts or based on any factors or other matters, or may  be made in any other manner,  as  such  contract  or  contracts,  lease,  easement, license or other instrument shall provide.  Provided, however,  that the net proceeds of any such bonds or notes issued shall not exceed  sixteen  million  dollars,  not  including  issuance  costs, capitalized  interest and debt service reserve funds.    2. Any such contract or contracts, lease, easement, license  or  other  instrument  entered  into  pursuant  to  subdivision one of this section  shall provide that the obligation of the state to fund  or  to  pay  the  amounts  therein  provided  for shall not constitute a debt of the state  within the meaning of any  constitutional  or  statutory  provision  and  shall  be  deemed  executory  only  to  the  extent  of moneys available  therefor and that no liability shall be incurred by the state beyond the  moneys available for such purpose, and that such obligation  is  subject  to annual appropriation by the legislature.    3.  Any  such contract or contracts, lease, easement, license or other  instrument or any payments made or to be made thereunder may be assigned  and pledged by the corporation as  security  for  its  bonds  and  notes  issued  for  the  purpose of financing all or any part of any state park  infrastructure project.    4. The corporation and the office of parks,  recreation  and  historic  preservation  or  the  division  of the budget, with the approval of the  director of the budget, may enter into any leases,  easements,  licenses  or  other instruments for the purpose of granting to the corporation any  interest in real property which the corporation shall deem necessary for  the  purpose  of  financing  the  design,   acquisition,   construction,  improvement  and  installation  of  all or any portion of any state park  infrastructure project. The corporation shall hold any such interest  in  real  property  in  trust  for  the  state,  shall  make  and  keep suchproperties accessible to the public, and shall not sell, lease, exchange  or donate such properties except to the state.    5.   The   comptroller  is  hereby  authorized  to  receive  from  the  corporation any portion of special  obligation  bond  proceeds  paid  to  provide  funds  for or reimburse the state for its costs associated with  any state park infrastructure project and to credit such amounts to  the  capital projects fund or any other appropriate fund.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-12 > 1285-l

§  1285-l.  State park infrastructure projects. In order to effectuate  the purposes of this title, the corporation  shall  have  the  following  additional special powers:    1. Notwithstanding the provisions of any general or special law to the  contrary,  the  office of parks, recreation and historic preservation or  the division of the budget, with the approval of  the  director  of  the  budget,  and  the corporation are each hereby authorized to enter into a  contract or  contracts  providing  for  the  financing  of  the  design,  acquisition,  construction,  improvement  and installation of all or any  portion of any state park infrastructure project or reimbursement to the  state for costs incurred in connection with a state park  infrastructure  project  for  and  on  behalf  of the state; and the corporation and the  office of parks, recreation and historic preservation or the division of  the budget, with the approval of the director of the budget,  may  enter  into  a  contract, lease, easement, license or other instrument pursuant  to which the corporation shall make all or any portion of any state park  infrastructure project available to such state agency. Any such contract  or contracts, lease, easement, license or other instrument shall be upon  such terms and  conditions  as  the  corporation  and  the  state  shall  determine  to  be reasonable, including, but not limited to, the payment  of or reimbursement  to  the  corporation  for  (a)  all  costs  of  the  corporation   in  financing  all  or  any  portion  of  any  state  park  infrastructure project, and any claims arising therefrom, (b)  all  fees  and  other  charges of, and all expenses incurred by, the corporation in  connection with the issuance and administration of any  bonds  or  notes  issued  by  the corporation for such purpose, and (c) amounts sufficient  to pay all principal, premium, if any, and interest  on  such  bonds  or  notes.  Such payment or reimbursement may be made annually or otherwise,  may be in fixed amounts or based on any factors or other matters, or may  be made in any other manner,  as  such  contract  or  contracts,  lease,  easement, license or other instrument shall provide.  Provided, however,  that the net proceeds of any such bonds or notes issued shall not exceed  sixteen  million  dollars,  not  including  issuance  costs, capitalized  interest and debt service reserve funds.    2. Any such contract or contracts, lease, easement, license  or  other  instrument  entered  into  pursuant  to  subdivision one of this section  shall provide that the obligation of the state to fund  or  to  pay  the  amounts  therein  provided  for shall not constitute a debt of the state  within the meaning of any  constitutional  or  statutory  provision  and  shall  be  deemed  executory  only  to  the  extent  of moneys available  therefor and that no liability shall be incurred by the state beyond the  moneys available for such purpose, and that such obligation  is  subject  to annual appropriation by the legislature.    3.  Any  such contract or contracts, lease, easement, license or other  instrument or any payments made or to be made thereunder may be assigned  and pledged by the corporation as  security  for  its  bonds  and  notes  issued  for  the  purpose of financing all or any part of any state park  infrastructure project.    4. The corporation and the office of parks,  recreation  and  historic  preservation  or  the  division  of the budget, with the approval of the  director of the budget, may enter into any leases,  easements,  licenses  or  other instruments for the purpose of granting to the corporation any  interest in real property which the corporation shall deem necessary for  the  purpose  of  financing  the  design,   acquisition,   construction,  improvement  and  installation  of  all or any portion of any state park  infrastructure project. The corporation shall hold any such interest  in  real  property  in  trust  for  the  state,  shall  make  and  keep suchproperties accessible to the public, and shall not sell, lease, exchange  or donate such properties except to the state.    5.   The   comptroller  is  hereby  authorized  to  receive  from  the  corporation any portion of special  obligation  bond  proceeds  paid  to  provide  funds  for or reimburse the state for its costs associated with  any state park infrastructure project and to credit such amounts to  the  capital projects fund or any other appropriate fund.