Section 99-N. Transfer and lease of ferry boats and buses  


Latest version.
  • 1. As used in
      this section the term "municipality" shall mean a county, city, town  or
      village.
        2.  Notwithstanding  any  other  law,  general,  special  or  local, a
      municipality, acting through its chief executive officer and  its  chief
      fiscal  officer,  without  further  approval, except, in the case of any
      municipality with respect to which the legislature has declared  that  a
      state  of  financial  emergency  exists,  the  approval of any emergency
      financial control board or similar body established  by  state  law  for
      such  municipality,  may (a) sell or transfer all interest in any or all
      of its ferry boats and buses, except to the extent of any portion of any
      ferry boat or bus 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  ferry
      boats  or buses, as the case may be, provided (i) such lease contains an
      option to the municipality 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
      municipality 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 by principal or interest, by the municipality
      from its transferee  during  each  such  twelve  month  period.  Without
      limitation  of the foregoing, any lease entered into pursuant hereto may
      also contain provisions requiring  the  municipality  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  municipality  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.  Notwithstanding  any  other  law,  general,  special or local, the
      proceeds from any transaction described in this section may be  used  by
      such municipality for any lawful municipal purpose.
        4.  The  lessor of such property, during the term of any lease thereof
      to a municipality, shall, if the  lessor  shall  have  assigned  to  the
      lessee  all  manufacturers' and other warranties 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
      lessee 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,
      except  to  the  extent  such lessor may have any such responsibility or
      liability by virtue of its being the manufacturer of such  property,  or
      any part thereof.
        5.  With  respect  to  any  transaction  described  in this section, a
      municipality shall comply with the following standards  and  procedures:
      (i)  notice  of  intention  to negotiate a transaction described in this
      section shall  be  published  in  at  least  one  newspaper  of  general
      circulation,  and a copy thereof shall be mailed to all parties who have
      requested notification from the municipality of its intent to engage  in
      transactions  of this type. Such notice shall describe the nature of the
      proposed transaction and the factors subject to negotiation which  shall
      include,   but  not  be  limited  to,  the  price  to  be  paid  to  the
      municipality; (ii) the municipality shall consider each  proposal  which
      complies  with  the  requirements set forth in the notice; and (iii) the
      municipality shall determine, on the basis of relevant factors, that the
    
      transaction  negotiated  will  provide   maximum   available   financial
      benefits, consistent with other defined objectives and requirements.