New York Laws
Article 5 - Powers, Limitations and Liabilities
99-O - Transfer and Lease of Mass Commuting Vehicles by the County of Suffolk.

§ 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.

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