NY Pub Auth L § 1680-A (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 4 - Dormitory Authority 1680-A - Judicial Facilities in Certain Counties.

§  1680-a.  Judicial  facilities  in  certain counties. 1. In order to effectuate the purposes of this title, the  following  provisions  shall apply  to  the  authority  and  any  county,  within  the tenth judicial district, that does not contain a city (a "county") in  connection  with the provision of judicial facilities;  (a)(1)  Any  county  for  whose  use  judicial  facilities  are  to be designed,  constructed,  reconstructed,   rehabilitated,   improved   or otherwise  provided  may enter into a lease, sublease or other agreement for  the  provision  of  judicial  facilities  with  the  authority   in accordance  with  the  provisions  of  either  paragraph  b or c of this subdivision  and  otherwise  upon  such  terms  and  conditions  as  the authority  and  the  county shall determine to be reasonable, including, but not limited to, the reimbursement to the authority of all  costs  of such design, construction, reconstruction, rehabilitation or improvement and  claims  arising therefrom and provisions setting forth or providing for the calculation of  rental  and  other  payments  for  the  use  and occupancy  of  such judicial facilities, which payment shall be at least sufficient to pay the principal of and interest  on  the  bonds  of  the authority  issued  to  finance  the  cost  of  the design, construction, reconstruction,  rehabilitation,  or  improvement   of   such   judicial facilities  and  the  fees  and  expenses  of  the authority incurred in connection therewith.  (2) Such lease, sublease or other agreement shall not be deemed to  be a contract for public work or purchase within the meaning of the general municipal law.  (3)  Such lease, sublease or other agreement shall provide that if the authority undertakes to design,  construct,  reconstruct,  rehabilitate, improve,  furnish  or  equip  any  judicial facilities for a county, any contract   or   contracts   for   the   construction,    reconstruction, rehabilitation,  improvement  of  judicial  facilities  shall be awarded based upon the authority's evaluation  of  proposals  submitted  to  the authority  in  response  to  a  request  for proposals. Such request for proposals shall be prepared in accordance with standards to be developed by the authority designed to  assure  the  award  of  all  contracts  to contractors  evidencing  proven  experience  with projects of the scope, magnitude and complexity of the judicial facilities that are the subject of the contract and the ability  to  perform  all  work  required  in  a professional and timely manner. The procedures governing the request for proposals   shall   assure   that,   wherever  practicable,  responsible contractors, meeting the above  criteria,  located  or  regularly  doing business  in the county for whose benefit the judicial facilities are to be provided are given the opportunity to be considered. Any contract  or contracts for the purchase of furnishings and equipment shall be awarded to  the  lowest  responsible bidder in accordance with the provisions of section one hundred three of the general municipal law.  (4) Any such lease, sublease or other agreement entered into  pursuant to  this  paragraph  (a)  may  provide that the provisions thereof shall remain in force and effect until the issue of bonds of the authority  to which it relates, together with interest thereon, interest on any unpaid installments of interest and the fees and expenses of the authority, are fully met and discharged, and any payments to be made by a county may be pledged by the authority to secure such bonds.  (5)  A  county entering into such a lease, sublease or other agreement is hereby authorized to raise and appropriate  such  sums  as  shall  be necessary from time to time to make any payment pursuant thereto.  (6)  Any  lease,  sublease  or  other  agreement  entered  into by the authority and a county may provide that at the termination  thereof  the  title  to  the  judicial  facilities  shall vest in the county, free and clear of any indebtedness contracted by the authority.  (b)  (1) A lease, sublease or other agreement entered into pursuant to this  paragraph  shall  be  executory  only  to  the  extent  of  moneys appropriated  and  available  therefor, be for the periods agreed by the parties thereto, but not exceeding thirty years.  (2) The annual payment obligation pursuant to  a  lease,  sublease  or other  agreement  entered  into  pursuant to this paragraph shall not be deemed to be "indebtedness" for the purpose  of  determining  the  gross indebtedness of a county pursuant to the provisions of section 135.00 of the  local  finance  law  or  section  ten of article eight of the state constitution nor shall it be deemed an evidence of  indebtedness  within the meaning of section 20.00 of the local finance law.  (c)  (1) A lease, sublease or other agreement entered into pursuant to this paragraph may be for the periods agreed by the parties thereto, but not exceeding thirty years which is hereby determined to be  the  period of  probable  usefulness  of  any  judicial  facilities authorized to be provided pursuant to this title, which term shall be computed  from  the date  of  the  first  indebtedness  contracted by the authority for such judicial facilities.  (2) The portion of the annual payment  obligation  to  be  made  by  a county  to  the  authority  pursuant  to  any  lease,  sublease or other agreement  entered  into  pursuant  to  this  paragraph  to  enable  the authority  to  pay the principal of any indebtedness contracted by it to finance the cost of such judicial facilities shall commence  within  two years  after  any  such  indebtedness or portion thereof shall have been contracted and no such portion of the annual payment obligation shall be more than fifty per centum in excess of the smallest  prior  portion  of the annual payment for such purpose.  (3)  The  county  shall pledge its faith and credit for the payment of the portion of the annual payment described in subparagraph two of  this paragraph and also for the payments required to be made to the authority to enable it to pay the interest on such indebtedness.  (4)  The total amount of all unpaid annual payments in relation to the principal of any such indebtedness for which the county has pledged  its faith  and credit shall be deemed to be indebtedness of the county for a capital improvement within the meaning of subparagraph b of  subdivision three of paragraph a of section 135.00 of the local finance law.  (5)  The portion of the annual payment by a county to the authority to enable the authority to pay the principal of any indebtedness contracted by it to finance the cost of such judicial facilities for which a county has pledged its faith and credit and the portion of the  annual  payment by  a county to the authority to enable the authority to pay interest on any indebtedness contracted by it to finance the cost of  such  judicial facilities  shall  be  deemed to be "indebtedness" and "interest" within the meaning of section ten of article eight of the state constitution.  (d) (i) In the event that a county for whose use  judicial  facilities are  to  be or have been provided fails to make its required payment, in whole or in part, to the authority pursuant to any  lease,  sublease  or other  agreement,  the  authority shall certify to the state comptroller that such county has failed to make such payment. Such certificate shall set  forth  the  exact  amount  of  payment  required  to  satisfy   the obligations of such county and the date such payment was due.  (ii)  The state comptroller, upon receipt of such certificate from the authority, shall withhold from the next succeeding payment  or  payments of  state  aid  or local assistance payable to such county for whose use judicial facilities are to be or have been provided, the amount  of  the  deficiency   set   forth   in  such  certificate  and  shall  thereafter immediately pay over to the authority the amount so withheld.  (iii)  The  provisions  of  this paragraph shall not apply in any case where either the payment of the principal of or interest on bonds issued by the authority for the purpose of financing the design,  construction, acquisition,  reconstruction,  rehabilitation  and  improvement, and the furnishing and equipping of judicial facilities  for  a  county  or  the payment of the obligations of any such county are secured by a policy of municipal  bond  insurance,  an  irrevocable  letter of credit, or other financial guarantee or credit enhancement provided by a bank,  insurance company  or  other  financial  institution. Any such policy of municipal bond insurance, letter of credit, or other financial guarantee or credit enhancement shall be approved  by  the  authority  and  notice  of  such approval shall be provided to the state comptroller.  (e)  The  provisions  of  this  title  may  be  utilized  by a county, notwithstanding the provision of any general or special law,  or  county charter  that  (i)  requires  that  any  project  must  be  constructed, reconstructed, rehabilitated or improved, operated and maintained by the county, (ii) limits the period of time for which a county may enter into a lease, sublease or otherwise agree, (iii) limits the  period  of  time for  which  a  county  may  lease its real property to any other entity, including the authority, a county being hereby authorized to  lease  its real  property to the authority for any period of time as the county and the authority may agree where such real  property  will  constitute  the site  on  which  judicial  facilities for the use of such county will be constructed, reconstructed, rehabilitated  or  improved,  (iv)  requires that  the  cost shall be paid for by taxes levied for the fiscal year in which the expenditure is to be made, (v) requires that the cost shall be financed pursuant to the local finance law, or  (vi)  only  permits  any such project to be constructed, reconstructed, rehabilitated or improved subject to either mandatory or permissive referendum.   2.  The  state  hereby covenants with the holders from time to time of bonds  issued  by  the  authority  to  pay  the  cost  of  the   design, construction,  reconstruction, rehabilitation or improvement of judicial facilities pursuant to this section that it will not  limit,  impair  or impede the rights and remedies granted hereby to such holders; provided, however,  that  nothing  in  this paragraph contained shall be deemed or construed as giving or pledging the credit of the state or as  requiring the state to continue the payment of any specific type or types of state aid or local assistance to a county, within the tenth judicial district, that  does  not include a city for whose benefit judicial facilities are to be or have been provided or as limiting or prohibiting the state from repealing or amending any law heretofore or hereafter  enacted  relating to state aid and local assistance to such county, the manner and time or payment  or apportionment thereof, or the amount thereof, nor shall such bonds be a debt of the state and the state shall not be liable thereon.