State Codes and Statutes

Statutes > New-york > Pba > Article-6 > Title-3 > 1383

§   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 portfacilities 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.

State Codes and Statutes

Statutes > New-york > Pba > Article-6 > Title-3 > 1383

§   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 portfacilities 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-6 > Title-3 > 1383

§   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 portfacilities 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.