Authorizes the urban development corporation, the office of general services and the department of corrections and community supervision to transfer and convey certain lands in the county of Bronx, city of New York, to the Thomas Mott Osborne Memorial Fund, Inc.

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S3179-2013 Actions

• Jan 31, 2013: REFERRED TO LOCAL GOVERNMENT

S3179-2013 Memo

BILL NUMBER:S3179

TITLE  OF  BILL:   An act authorizing the urban development corporation,
the office of general services and the  department  of  corrections  and
community supervision to transfer and convey certain lands in the county
of  Bronx,  city  of New York, to the Thomas Mott Osborne Memorial Fund,
Inc.

PURPOSE: To permit the transfer of the former Fulton Correctional Facil-
ity to the Thomas Mott Osborne Memorial Fund for the purpose  of  estab-
lishing  a  center  providing  opportunities for individuals in conflict
with the law through reform and rehabilitation programs, alternatives to
incarceration, re-entry services, victim services and related  community
activities in order to increase public safety in the county of Bronx.

SUMMARY OF PROVISIONS:

Section 1 permits the transfer and conveyance of the Fulton Correctional
Facility  from  the  urban  development  corporation  to the Thomas Mott
Osborne Memorial Fund, Inc. and empowers  the  commissioner  of  general
services  and  the  commissioner  of  the  department of corrections and
community services to effect the transfer and conveyance of said correc-
tional facility.

Section 2 describes the two parcels to be conveyed.

Section 3 specifies that the conveyance shall be subject to a  condition
precedent  so that it does not impair or result in the diminution of the
obligations to bond holders whose  bonds  are  secured  by  correctional
facilities and shall not affect the tax free status of such bonds.

Section 4 provides that the Thomas Mott Osborne Memorial Fund, Inc.  may
submit an accurate survey and description of the lands to be conveyed to
the urban development corporation.

Section  5  provides  that the property transferred must be used for the
purpose of providing opportunities to individuals in conflict  with  the
law  through  reform and rehabilitation programs, alternatives to incar-
ceration, re-entry services,  services  to  persons  affected  by  crime
and/or incarceration and related community activities or shall revert to
the state.

Section 6 specifies that the board of directors of the urban development
corporation  shall  not transfer the Property unless application is made
by the Thomas Mott Osborne Memorial Fund, Inc.

Section 7 provides for an effective date.

JUSTIFICATION: Fulton Correctional Facility was  one  of  seven  prisons
closed  in  the  state in 2011. Maintaining the property costs the state
$17,000 to $18,000 per month, mostly for security staff. The facility is

located in the Bronx, which is a high crime community  within  New  York
City. With strong backing from state, local and federal politicians, the
Osborne  Association  plans  to use the property to create a program for
Bronx  residents  involved with the criminal justice system, emphasizing
re-entry  and  alternatives  to  incarceration,  job  training,   victim
services  and  related community activities. The Osborne Association has
an excellent track record of providing such services in New York, manag-
ing large tangible assets, and has demonstrated fund-raising ability  to
support such a program in the Bronx.

FISCAL  IMPLICATIONS:  The transfer of this property will save the state
approximately $215,000 per year for the cost of maintaining and securing
Fulton Correctional Facility.

LEGISLATIVE HISTORY:  A.10643 passed assembly and delivered  to  senate;
referred to senate rules committee in 2012.

EFFECTIVE DATE: This act shall take effect immediately.

S3179-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3179

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 31, 2013
                                 ___________

  Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Local Government

  AN ACT authorizing the urban  development  corporation,  the  office  of
    general  services  and  the  department  of  corrections and community
    supervision to transfer and convey certain  lands  in  the  county  of
    Bronx,  city  of  New  York, to the Thomas Mott Osborne Memorial Fund,
    Inc.

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Notwithstanding  any inconsistent provision of law to the
  contrary, the urban development corporation is  authorized  to  transfer
  and  convey  to  the  Thomas Mott Osborne Memorial Fund, Inc. its right,
  title, and interest in the lands and improvements known  as  the  Fulton
  Correctional  Facility and further described in section two of this act.
  The conveyance shall be made upon such  terms  and  conditions,  as  the
  board  of  directors  of  the  urban development corporation may, in its
  discretion, fix and determine.  The commissioner of general services and
  the commissioner of the department of corrections and  community  super-
  vision  are  hereby  empowered to enter into such contractual agreements
  with the corporation and its subsidiaries to  effect  the  transfer  and
  conveyance  and  do  all things necessary to carry out the provisions of
  this act.
    S 2. The lands to be conveyed pursuant to section one of this act  are
  situated  in  the  city  of New York, county of Bronx, and are generally
  described as follows:

                                  Parcel I
    All that piece or parcel of land lying and being in  the  Borough  and
  County  of  the  Bronx, City and State of New York, and being all of Lot
  No. 30, Block 2928, and being more particularly described as follows:

    Beginning at the intersection  of  the  northerly  line  of  E.  171st
  Street,  and  the  westerly line of Fulton Avenue, thence westerly along

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06249-01-3

 S. 3179                             2

  the northerly line of E.  171st Street, 115.32 feet to the easterly line
  of Lot 33; thence northerly along the last mentioned lot line 71.90 feet
  to the intersection of the southerly line of  Lot  29;  thence  easterly
  along  the last mentioned lot line, 106.08 feet to its intersection with
  the said westerly line of Fulton Ave.; thence southerly along  the  said
  westerly  line  of  Fulton  Avenue  80.00  feet to the point or place of
  beginning.
                                  Parcel II
    All that piece or parcel of land lying and being in  the  Borough  and
  County  of  the  Bronx, City and State of New York, and being all of Lot
  No. 33, Block 2928, and being more particularly described as follows:

    Beginning at the intersection  of  the  northerly  line  of  E.  171st
  Street,  and  the  westerly line of Lot 30, said point being 115.32 feet
  westerly from the intersection of the northerly line of E. 171st Street,
  and the westerly line of Fulton Avenue; thence South 88� 21'  50"  West,
  along  the  northerly line of E.  171st Street, a distance of 75.86 feet
  to a point, said point being  175.21  feet  distant  easterly,  measured
  along  the  northerly  line of E. 171st Street from the corner formed by
  the intersection of the easterly line of 3rd Avenue  and  the  northerly
  line  of  E.  171st  Street; thence North 01� 11' 27" East, and parallel
  with 3rd Avenue 141.75 feet to a point; thence North 84� 03' 45" East, a
  distance of 50.38 feet to a point; thence South 01� 11'  27"  West,  and
  parallel  to 3rd Avenue, 25.19 feet to a point; thence North 84� 03' 45"
  East, 25.99 feet to a point; thence South 01� 11' 27" West, and parallel
  to 3rd Avenue, 122.30 feet to the point or place of beginning.
    S 3. Notwithstanding the foregoing, the authorization  to  convey  the
  Fulton Correctional Facility shall be subject to the condition precedent
  that such conveyance shall not impair or result in any diminution of the
  obligations  to  holders  of any bonds which financed, refinanced or are
  secured by correctional facilities (or  payments  in  respect  thereof),
  including  the  Fulton  Correctional  Facility,  and shall not adversely
  affect any exemption of interest on such bonds from federal income tax.
    S 4. The description in section two of this act is not intended to  be
  a  legal  description  but  is  intended  to  identify  the parcel to be
  conveyed. As a condition of the purchase, the Thomas Mott Osborne  Memo-
  rial  Fund,  Inc.  may  submit  to the urban development corporation for
  approval, an  accurate  survey  and  description  of  the  lands  to  be
  conveyed, which may be used in the conveyance thereof.
    S  5. Any lands transferred pursuant to this act shall be used for the
  purpose of providing opportunities for individuals in conflict with  the
  law  through  reform and rehabilitation programs, alternatives to incar-
  ceration and re-entry, for providing services  to  persons  affected  by
  crime  and/or  incarceration,  and for related community activities, and
  upon termination of such use, title to the lands  so  transferred  shall
  revert to the state of New York.
    S 6. The board of directors of the urban development corporation shall
  not  transfer  and convey said lands unless application is made therefor
  by the Thomas Mott Osborne Memorial Fund, Inc. within one year after the
  effective date of this act.
    S 7. This act shall take effect immediately.