Section 2350-F. Special powers of the county  


Latest version.
  • 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.