State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-16 > 2350-f

§  2350-f.  Special  powers  of  the county.   1. The county is hereby  authorized, by a majority vote of the  county  legislature,  subject  to  review  and  veto of the county executive in the manner set forth in the  county charter, to sell, lease or assign to the agency any or all right,  title and interest of the county in and to the  John  P.  Cohalen  court  complex  and  the  new  replacement  correctional  facility  at Yaphank,  including,  without  limitation,  any  land  and   rights-in-land,   any  buildings,  structures  and  improvements  now  or at any time hereafter  erected or constructed upon such land or  rights-in-land,  any  fixtures  attached  thereto,  any  personal  property of any kind and description,  whether the  same  is  a  structural  or  nonstructural  component,  any  alteration,  replacements,  additions  or  substitutions  for any of the  foregoing, and any operation and  maintenance  or  functionally  similar  agreements,  by any name known. Any such sale, lease, or assignment may,  notwithstanding the provisions of any other  law,  general,  special  or  local,  including,  without  limitations, section two hundred fifteen of  the county law, or the county charter,  be  upon  such  terms  for  such  duration  and  upon such conditions and for such consideration as may be  agreed upon, without competitive  bidding  therefor  and  shall  not  be  subject  to  permissive  or  mandatory referendum.   Notwithstanding any  other provision of law, general, special or local, the county may  lease  back  such  properties  and, or, enter into a service agreement with the  agency pursuant to which the agency will cause the John P. Cohalen court  complex, or any part thereof, to be made  available  for  occupancy  for  judicial  purposes  and  functions  and the new replacement correctional  facility at Yaphank to be made  available  for  occupancy  and  use  for  correction  purposes  and functions and for which the county will pay to  the agency a fee, and enter into an agreement with the  agency  pursuant  to  which  the  county will operate and, or, maintain such court complex  and such correctional facility for the agency, each upon such terms  and  for such duration and upon such conditions and for such consideration as  may  be  agreed  upon  and  without  competitive  bidding.  It is hereby  determined that the  powers  conferred  by  this  section  shall  be  in  addition  and  supplemental to any powers contained in any other law and  nothing herein contained shall be construed as limiting a right or power  that the county now has or may hereafter  have  pursuant  to  any  other  provision  of  law. It is hereby determined that the powers conferred by  this section are conferred for a public purpose  and  any  sale,  lease,  assignment  or  other contract or agreement entered into pursuant to the  provisions of  this  section  shall  be  deemed  to  be  and  is  herein  determined to be for a public purpose.    2.  The  county  shall have power to perform such other acts, to enter  into such other contracts, execute such  instruments  and  to  undertake  such future proceedings as shall be determined necessary or desirable to  effectuate the purpose of this title.    3.  Any contract or agreement entered into pursuant to this section to  which the agency shall be a party  may  be  pledged  by  the  agency  as  security  for  any  issue  of bonds, and may be assigned, in whole or in  part, by the agency.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-16 > 2350-f

§  2350-f.  Special  powers  of  the county.   1. The county is hereby  authorized, by a majority vote of the  county  legislature,  subject  to  review  and  veto of the county executive in the manner set forth in the  county charter, to sell, lease or assign to the agency any or all right,  title and interest of the county in and to the  John  P.  Cohalen  court  complex  and  the  new  replacement  correctional  facility  at Yaphank,  including,  without  limitation,  any  land  and   rights-in-land,   any  buildings,  structures  and  improvements  now  or at any time hereafter  erected or constructed upon such land or  rights-in-land,  any  fixtures  attached  thereto,  any  personal  property of any kind and description,  whether the  same  is  a  structural  or  nonstructural  component,  any  alteration,  replacements,  additions  or  substitutions  for any of the  foregoing, and any operation and  maintenance  or  functionally  similar  agreements,  by any name known. Any such sale, lease, or assignment may,  notwithstanding the provisions of any other  law,  general,  special  or  local,  including,  without  limitations, section two hundred fifteen of  the county law, or the county charter,  be  upon  such  terms  for  such  duration  and  upon such conditions and for such consideration as may be  agreed upon, without competitive  bidding  therefor  and  shall  not  be  subject  to  permissive  or  mandatory referendum.   Notwithstanding any  other provision of law, general, special or local, the county may  lease  back  such  properties  and, or, enter into a service agreement with the  agency pursuant to which the agency will cause the John P. Cohalen court  complex, or any part thereof, to be made  available  for  occupancy  for  judicial  purposes  and  functions  and the new replacement correctional  facility at Yaphank to be made  available  for  occupancy  and  use  for  correction  purposes  and functions and for which the county will pay to  the agency a fee, and enter into an agreement with the  agency  pursuant  to  which  the  county will operate and, or, maintain such court complex  and such correctional facility for the agency, each upon such terms  and  for such duration and upon such conditions and for such consideration as  may  be  agreed  upon  and  without  competitive  bidding.  It is hereby  determined that the  powers  conferred  by  this  section  shall  be  in  addition  and  supplemental to any powers contained in any other law and  nothing herein contained shall be construed as limiting a right or power  that the county now has or may hereafter  have  pursuant  to  any  other  provision  of  law. It is hereby determined that the powers conferred by  this section are conferred for a public purpose  and  any  sale,  lease,  assignment  or  other contract or agreement entered into pursuant to the  provisions of  this  section  shall  be  deemed  to  be  and  is  herein  determined to be for a public purpose.    2.  The  county  shall have power to perform such other acts, to enter  into such other contracts, execute such  instruments  and  to  undertake  such future proceedings as shall be determined necessary or desirable to  effectuate the purpose of this title.    3.  Any contract or agreement entered into pursuant to this section to  which the agency shall be a party  may  be  pledged  by  the  agency  as  security  for  any  issue  of bonds, and may be assigned, in whole or in  part, by the agency.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-16 > 2350-f

§  2350-f.  Special  powers  of  the county.   1. The county is hereby  authorized, by a majority vote of the  county  legislature,  subject  to  review  and  veto of the county executive in the manner set forth in the  county charter, to sell, lease or assign to the agency any or all right,  title and interest of the county in and to the  John  P.  Cohalen  court  complex  and  the  new  replacement  correctional  facility  at Yaphank,  including,  without  limitation,  any  land  and   rights-in-land,   any  buildings,  structures  and  improvements  now  or at any time hereafter  erected or constructed upon such land or  rights-in-land,  any  fixtures  attached  thereto,  any  personal  property of any kind and description,  whether the  same  is  a  structural  or  nonstructural  component,  any  alteration,  replacements,  additions  or  substitutions  for any of the  foregoing, and any operation and  maintenance  or  functionally  similar  agreements,  by any name known. Any such sale, lease, or assignment may,  notwithstanding the provisions of any other  law,  general,  special  or  local,  including,  without  limitations, section two hundred fifteen of  the county law, or the county charter,  be  upon  such  terms  for  such  duration  and  upon such conditions and for such consideration as may be  agreed upon, without competitive  bidding  therefor  and  shall  not  be  subject  to  permissive  or  mandatory referendum.   Notwithstanding any  other provision of law, general, special or local, the county may  lease  back  such  properties  and, or, enter into a service agreement with the  agency pursuant to which the agency will cause the John P. Cohalen court  complex, or any part thereof, to be made  available  for  occupancy  for  judicial  purposes  and  functions  and the new replacement correctional  facility at Yaphank to be made  available  for  occupancy  and  use  for  correction  purposes  and functions and for which the county will pay to  the agency a fee, and enter into an agreement with the  agency  pursuant  to  which  the  county will operate and, or, maintain such court complex  and such correctional facility for the agency, each upon such terms  and  for such duration and upon such conditions and for such consideration as  may  be  agreed  upon  and  without  competitive  bidding.  It is hereby  determined that the  powers  conferred  by  this  section  shall  be  in  addition  and  supplemental to any powers contained in any other law and  nothing herein contained shall be construed as limiting a right or power  that the county now has or may hereafter  have  pursuant  to  any  other  provision  of  law. It is hereby determined that the powers conferred by  this section are conferred for a public purpose  and  any  sale,  lease,  assignment  or  other contract or agreement entered into pursuant to the  provisions of  this  section  shall  be  deemed  to  be  and  is  herein  determined to be for a public purpose.    2.  The  county  shall have power to perform such other acts, to enter  into such other contracts, execute such  instruments  and  to  undertake  such future proceedings as shall be determined necessary or desirable to  effectuate the purpose of this title.    3.  Any contract or agreement entered into pursuant to this section to  which the agency shall be a party  may  be  pledged  by  the  agency  as  security  for  any  issue  of bonds, and may be assigned, in whole or in  part, by the agency.