(a) the chief administrator of the courts has certified that the court
facility or facilities in connection with which such bonds are to be
issued are consistent with the capital plan approved pursuant to section
sixteen hundred eighty-c of this chapter; and
(b) the lease, sublease or other agreement with the participating
municipality relating to such court facilities provides that the plans,
specifications, designs and cost estimates for the design, construction,
reconstruction, rehabilitation, improvement, furnishing or equipping of
the court facilities in connection with such bonds are to be issued
subject to the approval of the chief administrator of the courts
pursuant to paragraph (u) of subdivision one of section two hundred
twelve of the judiciary law.
3. Notwithstanding the provisions of any general, special or local
law, charter or ordinance to the contrary, a participating municipality
may sell, convey, lease, exchange or otherwise make available to the
authority, for nominal consideration, the title to or an interest in
real property for the purpose of providing court facilities or combined
occupancy structures and may enter into any lease, sublease or other
agreement with the authority in connection with court facilities or
combined occupancy structures without public auction or bidding or
restriction as to the term of such lease, sublease or other agreement,
provided that such sale, conveyance, lease, exchange, or other
disposition to the authority or lease, sublease or other agreement with
the authority is authorized by the board of county supervisors or the
county legislature of a participating municipality which is a county, or
the common council of a participating municipality which is a city other
than the city of New York or, if the participating municipality is the
city of New York, the board of estimate of the city of New York.
4. In the event that a participating municipality fails to pay to the
authority when due all or part of the rentals and other payments payable
pursuant to any lease, sublease or agreement with the authority, the
chairman or another officer of the authority shall certify at the times
provided in this subdivision the amount of rentals and other payments
then due from such participating municipality and unpaid. The state
comptroller, upon receipt of such certificate, shall deduct the amount
of such rentals and other payments as remains unpaid to the authority
first from the aid payable to such participating municipality from the
court facilities incentive aid fund established by section ninety-four
of the state finance law and, then, from the next succeeding payments of
state aid apportioned to such participating municipality, as revenue
sharing, per capita aid, and any other aid pursuant to section
fifty-four of the state finance law and, then, from the next succeeding
payments of state aid for any local governmental administrative costs
that are reimbursable to the participating municipality pursuant to
state law and, then, from the next succeeding payments of state aid from
moneys appropriated pursuant to section six hundred eight of the public
health law and pursuant to section ten-c of the highway law; provided,
however, that the right of the authority to the payment of any amount
deducted by the state comptroller pursuant to this section from per
capita aid apportioned to the city of New York shall be subject and
subordinate to the rights of the city university construction fund
pursuant to section sixty-two hundred seventy-nine of the education law,
the New York city housing development corporation pursuant to section
six hundred fifty-six of the private housing finance law, the trustees
of the police pension fund pursuant to paragraph e of subdivision seven
of section fifty-four of the state finance law, and the municipal
assistance corporation for the city of New York pursuant to section
three thousand thirty-six-a of this chapter and subdivision one of
section ninety-two-e of the state finance law. In order to insure that
the amount of rentals and other payments due and unpaid by a
participating municipality are paid, the authority on or within thirty
days prior to January twenty-fifth, April twenty-fifth, July
twenty-fifth and October twenty-fifth of each year shall certify to the
state comptroller the amount of rentals and other payments then due and
unpaid by each participating municipality pursuant to any lease,
sublease or other agreement. The amount required to be deducted by the
state comptroller pursuant to this subdivision shall be deducted from
such aid, whether or not the state aid from which such deduction is to
be made is then payable to the participating municipality, and thereupon
paid to the authority. The amount of state aid payable to such
participating municipality shall be reduced by the amount deducted by
the state comptroller notwithstanding the amount appropriated and
apportioned by the state to such participating municipality, and the
state shall not be obligated to make and the participating municipality
shall not be entitled to receive any additional apportionment or payment
of such state aid. Nothing shall be construed to create an obligation
upon the state to appropriate moneys, to preclude the state from
reducing the amount of moneys appropriated or level of assistance
provided, or to preclude the state from altering or modifying the manner
in which it provides for or provides assistance.
5. On and after the effective date of this subdivision, when bonds are
issued by the authority pursuant to this section, the authority and the
participating municipality shall agree in any lease, sublease or other
agreement to finance the acquisition, construction, reconstruction or
rehabilitation of a court facility or combined occupancy structure that,
so long as such bonds remain outstanding, the participating municipality
shall retain title to such court facility or combined occupancy
structure free of all liens and encumbrances except as shall be
expressly permitted by such lease, sublease or other agreement.
Structure New York Laws
Article 8 - Miscellaneous Authorities
1676-A - Payment on Authority Public Work Projects.
1678 - Powers of the Authority.
1679 - Supplemental Higher Education Loan Financing Program.
1679-A - Health Education Assistance Loan Financing Program.
1679-C - The New York Higher Education Loan Program.
1680-A - Judicial Facilities in Certain Counties.
1680-B - Court Facilities and Combined Occupancy Structures.
1680-C - Creation of the Court Facilities Capital Review Board.
1680-D - Sale of Bonds by the Authority.
1680-E - State University Athletic Facilities.
1680-F - Roswell Park Cancer Institute Development Account.
1680-H - Sale of Bonds by the Authority.
1680-I - Judiciary; Authority Financing of Courthouse Improvements.
1680-J - New York State Higher Education Capital Matching Grant Board; Creation; Procedure.
1680-K - Financing of Department of Agriculture and Markets Facilities.
1680-L - The Special Disability Fund Financing.
1680-M - Cultural Education Facilities.
1680-N - Acquisition of State Buildings and Other Facilities.
1680-O - Courthouse Improvements and Training Facilities.
1680-P - Longitudinal Data System.
1680-Q - State University of New York Dormitory Facilities.
1680-Q*2 - Self-Insured Bond Financing.
1681 - Moneys of the Authority.
1681-A - Distribution of Board Materials.
1682 - Bonds of the Authority.
1682-A - Financial Monitoring.
1683 - State Not Liable on Bonds.
1684 - Bonds Legal Investments for Fiduciaries.
1685 - Exemptions From Taxation.
1686 - Remedies of Bondholders.
1686-A - Security by Authority.
1687 - Members and Employees Not to Profit.
1689 - Board of Cooperative Educational Services School Facilities.
1689-B - Sale of Bonds by the Authority.
1689-C - Capital Facility Program, Authority Financing of Eligible Projects.
1689-D - Bidding Requirements.
1689-E - Biomedical Facilities Program, Authority Financing of Eligible Projects.
1689-H - Expedited Deployment Funding.
1689-I - Library Construction.
1691 - Actions Against Authority.
1693 - Title Not Affected if in Part Unconstitutional or Ineffective.