§266-53  Findings and determinationfor special facility leases.  The department shall not enter into anyspecial facility lease unless the department shall first find and determinethat:

(1)  The special facility which is to be the subjectof such special facility lease will not be used to provide services,commodities, supplies, or facilities which are then adequately being madeavailable through the harbors system of the State;

(2)  The use or occupancy of the special facilityunder such special facility lease would not result in the reduction of therevenues derived from the harbors system to an amount below the amount requiredto be derived therefrom by section 39-61; and

(3)  The entering into of such special facility leasewould not be in violation of or result in a breach of any covenant contained inany resolution or certificate authorizing any bonds of the State and thedepartment then outstanding. [L 1980, c 126, pt of §2; am L 1993, c 2, §2 and c212, §2]