New York Laws
Title 3 - Ogdensburg Port Authority
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.