State Codes and Statutes

Statutes > New-york > Gmu > Article-5 > 99-o

§ 99-o. Transfer and lease of mass commuting vehicles by the county of  Suffolk.  1.  As  used  in this section the term "county" shall mean the  county of Suffolk. The term "mass  commuting  vehicle"  means  any  bus,  subway  car,  rail  car,  locomotive, or similar equipment used or to be  used to provide mass commuting services, whether or not  operated  by  a  private operator under agreement with the county.    2.  Any  other  law,  general,  special  or local notwithstanding, the  county, acting through its chief executive officer or its  chief  fiscal  officer  without  further  approval, except, in case the legislature has  declared that a state of financial emergency exists in the  county,  the  approval  of  any  emergency  financial  control  board  or similar body  established by state law for such county, may (a) sell or  transfer  any  interest  in  any  or  all of its mass commuting vehicles, except to the  extent of any portion of any mass commuting vehicles financed by federal  grants, for consideration and on such terms and  conditions  as  it  may  deem  appropriate,  and obtain a lease from the transferee on such terms  and conditions and for such period as it may deem  appropriate  pursuant  to  which it may operate such mass commuting vehicles, provided (i) such  lease contains an option to the county to repurchase  such  interest  at  the expiration of the scheduled lease term for nominal consideration and  (ii)  the aggregate of the regularly scheduled rental payments which the  county is obligated to make pursuant to such lease  during  each  twelve  month  period  of  the  lease term shall not exceed the aggregate amount  receivable, whether in the form of principal or interest, by the  county  from  its transferee during each twelve month period. Without limitation  of the foregoing, any  lease  entered  into  pursuant  hereto  may  also  contain provisions requiring the county to indemnify the transferee for,  among  other  things, any loss resulting from the loss or destruction of  any property which is the subject of such lease and requiring the county  to undertake to replace, repair or restore any such property,  but  such  obligations  shall not be deemed regularly scheduled rental payments for  purposes of the preceding sentence and (b) provide compensation  to  one  or  more  third parties for services rendered by them in connection with  any such transaction.    3. Proceeds from any transaction described in this section may be used  by the county only for the operation, maintenance or acquisition of mass  commuting vehicles or expended on the making of any capital improvements  to be used in connection with mass commuting vehicles, but may  be  held  and  invested  alone or with and in the same manner as other revenues of  the county pursuant to law before application to such purposes.    4. The lessor of such property, during the term of any  lease  thereof  to  the  county,  shall, if the lessor shall have assigned to the county  all manufacturers' and other warranties, if any furnished to the  lessor  in  connection  with  its  purchase  of such property, and except as the  lease may otherwise provide, have no liability or responsibility to  the  county  or  to third parties for damages to real or personal property or  for the destruction thereof, or for personal injuries  or  death,  based  upon the use, condition or state of such property, or any part thereof.

State Codes and Statutes

Statutes > New-york > Gmu > Article-5 > 99-o

§ 99-o. Transfer and lease of mass commuting vehicles by the county of  Suffolk.  1.  As  used  in this section the term "county" shall mean the  county of Suffolk. The term "mass  commuting  vehicle"  means  any  bus,  subway  car,  rail  car,  locomotive, or similar equipment used or to be  used to provide mass commuting services, whether or not  operated  by  a  private operator under agreement with the county.    2.  Any  other  law,  general,  special  or local notwithstanding, the  county, acting through its chief executive officer or its  chief  fiscal  officer  without  further  approval, except, in case the legislature has  declared that a state of financial emergency exists in the  county,  the  approval  of  any  emergency  financial  control  board  or similar body  established by state law for such county, may (a) sell or  transfer  any  interest  in  any  or  all of its mass commuting vehicles, except to the  extent of any portion of any mass commuting vehicles financed by federal  grants, for consideration and on such terms and  conditions  as  it  may  deem  appropriate,  and obtain a lease from the transferee on such terms  and conditions and for such period as it may deem  appropriate  pursuant  to  which it may operate such mass commuting vehicles, provided (i) such  lease contains an option to the county to repurchase  such  interest  at  the expiration of the scheduled lease term for nominal consideration and  (ii)  the aggregate of the regularly scheduled rental payments which the  county is obligated to make pursuant to such lease  during  each  twelve  month  period  of  the  lease term shall not exceed the aggregate amount  receivable, whether in the form of principal or interest, by the  county  from  its transferee during each twelve month period. Without limitation  of the foregoing, any  lease  entered  into  pursuant  hereto  may  also  contain provisions requiring the county to indemnify the transferee for,  among  other  things, any loss resulting from the loss or destruction of  any property which is the subject of such lease and requiring the county  to undertake to replace, repair or restore any such property,  but  such  obligations  shall not be deemed regularly scheduled rental payments for  purposes of the preceding sentence and (b) provide compensation  to  one  or  more  third parties for services rendered by them in connection with  any such transaction.    3. Proceeds from any transaction described in this section may be used  by the county only for the operation, maintenance or acquisition of mass  commuting vehicles or expended on the making of any capital improvements  to be used in connection with mass commuting vehicles, but may  be  held  and  invested  alone or with and in the same manner as other revenues of  the county pursuant to law before application to such purposes.    4. The lessor of such property, during the term of any  lease  thereof  to  the  county,  shall, if the lessor shall have assigned to the county  all manufacturers' and other warranties, if any furnished to the  lessor  in  connection  with  its  purchase  of such property, and except as the  lease may otherwise provide, have no liability or responsibility to  the  county  or  to third parties for damages to real or personal property or  for the destruction thereof, or for personal injuries  or  death,  based  upon the use, condition or state of such property, or any part thereof.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-5 > 99-o

§ 99-o. Transfer and lease of mass commuting vehicles by the county of  Suffolk.  1.  As  used  in this section the term "county" shall mean the  county of Suffolk. The term "mass  commuting  vehicle"  means  any  bus,  subway  car,  rail  car,  locomotive, or similar equipment used or to be  used to provide mass commuting services, whether or not  operated  by  a  private operator under agreement with the county.    2.  Any  other  law,  general,  special  or local notwithstanding, the  county, acting through its chief executive officer or its  chief  fiscal  officer  without  further  approval, except, in case the legislature has  declared that a state of financial emergency exists in the  county,  the  approval  of  any  emergency  financial  control  board  or similar body  established by state law for such county, may (a) sell or  transfer  any  interest  in  any  or  all of its mass commuting vehicles, except to the  extent of any portion of any mass commuting vehicles financed by federal  grants, for consideration and on such terms and  conditions  as  it  may  deem  appropriate,  and obtain a lease from the transferee on such terms  and conditions and for such period as it may deem  appropriate  pursuant  to  which it may operate such mass commuting vehicles, provided (i) such  lease contains an option to the county to repurchase  such  interest  at  the expiration of the scheduled lease term for nominal consideration and  (ii)  the aggregate of the regularly scheduled rental payments which the  county is obligated to make pursuant to such lease  during  each  twelve  month  period  of  the  lease term shall not exceed the aggregate amount  receivable, whether in the form of principal or interest, by the  county  from  its transferee during each twelve month period. Without limitation  of the foregoing, any  lease  entered  into  pursuant  hereto  may  also  contain provisions requiring the county to indemnify the transferee for,  among  other  things, any loss resulting from the loss or destruction of  any property which is the subject of such lease and requiring the county  to undertake to replace, repair or restore any such property,  but  such  obligations  shall not be deemed regularly scheduled rental payments for  purposes of the preceding sentence and (b) provide compensation  to  one  or  more  third parties for services rendered by them in connection with  any such transaction.    3. Proceeds from any transaction described in this section may be used  by the county only for the operation, maintenance or acquisition of mass  commuting vehicles or expended on the making of any capital improvements  to be used in connection with mass commuting vehicles, but may  be  held  and  invested  alone or with and in the same manner as other revenues of  the county pursuant to law before application to such purposes.    4. The lessor of such property, during the term of any  lease  thereof  to  the  county,  shall, if the lessor shall have assigned to the county  all manufacturers' and other warranties, if any furnished to the  lessor  in  connection  with  its  purchase  of such property, and except as the  lease may otherwise provide, have no liability or responsibility to  the  county  or  to third parties for damages to real or personal property or  for the destruction thereof, or for personal injuries  or  death,  based  upon the use, condition or state of such property, or any part thereof.