NY Pub Auth L § 1680-B (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 4 - Dormitory Authority 1680-B - Court Facilities and Combined Occupancy Structures.

§  1680-b.  Court facilities and combined occupancy structures. 1. The authority may enter into a lease, sublease or  other  agreement  with  a participating   municipality   pursuant  to  which  one  or  more  court facilities  or  combined  occupancy  structures  are  to  be   designed, acquired,  constructed,  reconstructed,  rehabilitated or improved, or a court facility is to be furnished or equipped, provided that such lease, sublease or other agreement has been approved by the chief administrator of the courts. The authority  shall  not  enter  into  any  such  lease, sublease  or  other  agreement  unless  such  lease,  sublease  or other agreement provides that (a) the parties thereto shall comply  with  such standards  and  administrative  policies relating to court facilities as may be promulgated pursuant to section twenty-eight of  article  six  of the  constitution  and  (b)  the  court facilities or combined occupancy structures to which such lease,  sublease  or  other  agreement  related shall  be constructed, reconstructed, rehabilitated, improved, furnished or equipped substantially in accordance with the  plans,  specifications and  designs  approved  by  the  chief administrator of the courts. Such lease, sublease or other agreement may  contain  such  other  terms  and conditions  as the authority may require, including, but not limited to, provisions relating to  the  maintenance  and  operation  of  the  court facilities,  the establishment of reserve funds and the disposition of a court facility or a combined occupancy structure or the interest of  the authority therein prior to or upon the termination or expiration of such lease,  sublease or other agreement. In connection with court facilities and combined occupancy structures, the authority is hereby authorized to issue bonds in an aggregate principal amount not to exceed three billion dollars; provided, however, that bonds issued or to be issued  shall  be excluded  from  such limitation if such bonds are issued to refund bonds of the authority issued in connection with court facilities and combined occupancy structures and the present value of the aggregate debt service on the refunding  bonds  does  not  exceed  the  present  value  of  the aggregate  debt  service  on  the  bonds  refunded thereby. For purposes hereof, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the  bonds  refunded,  shall  be calculated  by  utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the  debt  service payments  on  the  refunding bonds from the payment dates thereof to the date of issue of the refunding  bonds  to  the  purchase  price  of  the refunding  bonds,  including  interest  accrued  thereon  prior  to  the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified  by  the  office  of  court  administration,  of  the facilities  in  connection  with  which the bonds are issued, and in any case not later than the earlier of forty years or the expiration of  the term  of  any  lease,  sublease  or  other  agreement  relating thereto; provided that no note, including renewals thereof,  shall  mature  later than five years after the date of issuance of such note.   2.  No bonds may be issued by the authority in connection with a court facility or combined occupancy structure unless:  (a) the chief administrator of the courts has certified that the court facility or facilities in connection with which such  bonds  are  to  be issued are consistent with the capital plan approved pursuant to section sixteen hundred eighty-c of this chapter; and  (b)  the  lease,  sublease  or  other agreement with the participating municipality relating to such court facilities provides that the  plans, specifications, designs and cost estimates for the design, construction, reconstruction,  rehabilitation, improvement, furnishing or equipping of  the court facilities in connection with such  bonds  are  to  be  issued subject  to  the  approval  of  the  chief  administrator  of the courts pursuant to paragraph (u) of subdivision  one  of  section  two  hundred twelve of the judiciary law.   3.  Notwithstanding  the  provisions  of any general, special or local law, charter or ordinance to the contrary, a participating  municipality may  sell,  convey,  lease,  exchange or otherwise make available to the authority, for nominal consideration, the title to  or  an  interest  in real  property for the purpose of providing court facilities or combined occupancy structures and may enter into any  lease,  sublease  or  other agreement  with  the  authority  in  connection with court facilities or combined occupancy structures  without  public  auction  or  bidding  or restriction  as  to the term of such lease, sublease or other agreement, provided  that  such  sale,  conveyance,  lease,  exchange,   or   other disposition  to the authority or lease, sublease or other agreement with the authority is authorized by the board of county  supervisors  or  the county legislature of a participating municipality which is a county, or the common council of a participating municipality which is a city other than  the  city of New York or, if the participating municipality is the city of New York, the board of estimate of the city of New York.   4. In the event that a participating municipality fails to pay to  the authority when due all or part of the rentals and other payments payable pursuant  to  any  lease,  sublease or agreement with the authority, the chairman or another officer of the authority shall certify at the  times provided  in  this  subdivision the amount of rentals and other payments then due from such participating  municipality  and  unpaid.  The  state comptroller,  upon  receipt of such certificate, shall deduct the amount of such rentals and other payments as remains unpaid  to  the  authority first  from  the aid payable to such participating municipality from the court facilities incentive aid fund established by  section  ninety-four of the state finance law and, then, from the next succeeding payments of state  aid  apportioned  to  such participating municipality, as revenue sharing,  per  capita  aid,  and  any  other  aid  pursuant  to  section fifty-four  of the state finance law and, then, from the next succeeding payments of state aid for any local  governmental  administrative  costs that  are  reimbursable  to  the  participating municipality pursuant to state law and, then, from the next succeeding payments of state aid from moneys appropriated pursuant to section six hundred eight of the  public health  law  and pursuant to section ten-c of the highway law; provided, however, that the right of the authority to the payment  of  any  amount deducted  by  the  state  comptroller  pursuant to this section from per capita aid apportioned to the city of New  York  shall  be  subject  and subordinate  to  the  rights  of  the  city university construction fund pursuant to section sixty-two hundred seventy-nine of the education law, the New York city housing development corporation  pursuant  to  section six  hundred  fifty-six of the private housing finance law, the trustees of the police pension fund pursuant to paragraph e of subdivision  seven of  section  fifty-four  of  the  state  finance  law, and the municipal assistance corporation for the city of  New  York  pursuant  to  section three  thousand  thirty-six-a  of  this  chapter  and subdivision one of section ninety-two-e of the state finance law. In order to  insure  that the   amount  of  rentals  and  other  payments  due  and  unpaid  by  a participating municipality are paid, the authority on or  within  thirty days   prior   to   January   twenty-fifth,   April  twenty-fifth,  July twenty-fifth and October twenty-fifth of each year shall certify to  the state  comptroller the amount of rentals and other payments then due and unpaid  by  each  participating  municipality  pursuant  to  any  lease, sublease  or  other agreement. The amount required to be deducted by the  state comptroller pursuant to this subdivision shall  be  deducted  from such  aid,  whether or not the state aid from which such deduction is to be made is then payable to the participating municipality, and thereupon paid  to  the  authority.  The  amount  of  state  aid  payable  to such participating municipality shall be reduced by the  amount  deducted  by the  state  comptroller  notwithstanding  the  amount  appropriated  and apportioned by the state to such  participating  municipality,  and  the state  shall not be obligated to make and the participating municipality shall not be entitled to receive any additional apportionment or payment of such state aid. Nothing shall be construed to  create  an  obligation upon  the  state  to  appropriate  moneys,  to  preclude  the state from reducing the amount  of  moneys  appropriated  or  level  of  assistance provided, or to preclude the state from altering or modifying the manner in which it provides for or provides assistance.   5. On and after the effective date of this subdivision, when bonds are issued  by the authority pursuant to this section, the authority and the participating municipality shall agree in any lease, sublease  or  other agreement  to  finance  the acquisition, construction, reconstruction or rehabilitation of a court facility or combined occupancy structure that, so long as such bonds remain outstanding, the participating municipality shall  retain  title  to  such  court  facility  or  combined  occupancy structure  free  of  all  liens  and  encumbrances  except  as  shall be expressly permitted by such lease, sublease or other agreement.