2023 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.