47-C - Special provisions related to certain bonds and notes.

§  47-c.  Special  provisions  related  to  certain  bonds  and notes.  Notwithstanding any other provision of law, general or special:    1. Any public corporation or officer responsible for  the  acquisition  of  real  property  or  the  planning,  supervision or administration of  facilities thereon which may be  constructed,  acquired,  reconstructed,  rehabilitated  or  improved  by  the  agency pursuant to this article is  hereby authorized for and on behalf and in the name of the people of the  state of New York, to execute  and  deliver  to  the  agency,  for  such  consideration,  if  any, as may be determined by such public corporation  or officer and the agency, but not to exceed  the  cost  of  acquisition  thereof  and  the  cost  of improvements thereon, a lease for a term not  exceeding fifty years or a quitclaim deed conveying to  the  agency  all  the  right, title and interest of the people of the state of New York in  and to any of the lands acquired by such public corporation  or  officer  for  such facilities, and in and to any of the improvements thereon, for  the purpose of constructing, reconstructing, rehabilitating or improving  thereon one or more facilities pursuant to this  article  for  lease  or  sublease  to  any such public corporation or officer, in accordance with  the terms of an agreement entered into among  them  in  accordance  with  law.  The  agency  is  hereby  authorized  to  accept  any such lease or  conveyance, to lease or sublease such lands, improvements and facilities  to such public corporation or officer, and to hold the same  subject  to  the  terms  of  any such lease, conveyance, sublease or other agreement,  and such public corporation or officer is hereby  authorized,  with  the  approval  of  the  governor,  or where so designated by the governor for  such purpose, the director of the budget, to lease or sublease any  such  lands  or  improvements  or  the  facilities constructed, reconstructed,  rehabilitated or improved thereon pursuant  to  this  article  or  other  provisions  of  law, and to hold such lands, improvements and facilities  subject to the terms of any such lease, sublease or other agreement.    2. a. In the event that the agency shall fail, within five years  from  the date of a lease or conveyance authorized pursuant to subdivision one  of  this section, to construct, reconstruct, rehabilitate or improve the  facility or facilities thereon for which the  conveyance  was  made,  as  provided  for  in a lease, sublease or other agreement entered into with  such public corporation or officer, or in the event that  such  facility  or facilities shall cease to be used for the purposes intended, then and  in either event but subject to the terms of any lease, sublease or other  agreement undertaken by the agency, such lands, and the improvements and  facilities  thereon, shall revert to the people of the state of New York  with right of re-entry thereupon, and such lease or deed shall  be  made  subject  to  such  conditions;  provided,  however,  that as a condition  precedent to the exercise of such right of re-entry  the  state  of  New  York,  or such public corporation or officer, shall pay to the agency an  amount equal to the purchase price of such lands and  improvements,  the  depreciated   cost   of   any   facility   or   facilities  constructed,  reconstructed, rehabilitated or improved thereon, and all other costs of  the agency incident to the acquisition of such lands and  the  financing  of  construction, reconstruction, rehabilitation or improvement relating  to such facility or facilities, all as provided in the aforesaid  lease,  sublease or other agreement entered into with such public corporation or  officer.    b.  In  the event that the agency shall determine that any portions of  the lands leased or conveyed pursuant to subdivision one hereof  are  in  excess  of  the  lands needed to construct, reconstruct, rehabilitate or  improve the facility or facilities thereon for which the conveyance  was  made,  as  provided in a lease, sublease or other agreement entered into  with such public corporation or officer, the agency  may  terminate  itslease  with  respect  to  such excess portions of such lands or reconvey  such excess portions to the people of the state of New  York;  provided,  however,  that  the  state  of  New  York  or such public corporation or  officer shall pay to the agency an amount equal to the consideration, if  any,  paid by the agency to such public corporation or officer allocable  to such excess lands and such other costs of the agency as are  incident  to  the acquisition of such excess lands, all as may be approved by such  public corporation or officer and the agency. Any monies so paid to  the  agency  shall  be  used  and  applied,  subject to the provisions of any  contract with noteholders and  bondholders,  for  the  sole  purpose  of  paying costs and expenses of the agency incident to the financing of the  facility  or  facilities to be constructed, reconstructed, rehabilitated  or improved on such other portions of the land as shall have been leased  or conveyed to the agency pursuant to subdivision one hereof.    3. The attorney general shall pass upon the form and  sufficiency  and  manner  of  execution  of  any  deed  of  conveyance and of any lease or  sublease of lands authorized to be given under subdivision one  of  this  section and the same shall not be effective unless so approved by him.    4.    The   cost   of   construction,   acquisition,   reconstruction,  rehabilitation or improvement of facilities  undertaken  by  the  agency  pursuant to this article may include the cost of acquisition of any land  and  improvements  leased  or  conveyed to the agency in accordance with  subdivision  one  of  this  section  and  the  cost  of   the   original  furnishings,  equipment,  machinery  and  apparatus  determined  by  the  responsible public corporation or officer to be needed  to  furnish  and  equip such facilities upon the completion of work. The agency shall have  power to acquire or lease and to hold land and improvements required for  the   construction,   acquisition,   reconstruction,  rehabilitation  or  improvement of facilities undertaken by  the  agency  pursuant  to  this  article  and  to  provide the original furnishings, equipment, machinery  and apparatus  determined  by  the  responsible  public  corporation  or  officer  to  be  needed  to  furnish  and equip such facilities upon the  completion of  work  and  to  issue  its  bonds  and  notes  to  provide  sufficient funds to pay the cost thereof.    5. Any public corporation or officer referred to in subdivision one of  this  section is hereby authorized and empowered, in connection with any  lease, sublease or other agreement with the agency to which such  public  corporation  or  officer is a party, and subject to such agreements with  third parties as may then exist, to:    (a) pledge or assign to the agency all or any portion of the  revenues  and  monies  received  or  to  be received by such public corporation or  officer, which may be available for the purpose of  paying  rentals  for  the   use   of  the  facilities  constructed,  acquired,  reconstructed,  rehabilitated or improved or to be constructed, acquired, reconstructed,  rehabilitated or improved under such agreement, so that the  payment  of  such rentals may be fully secured and protected; provided, however, that  such pledge or assignment shall not extend to appropriations or advances  from  the  state except appropriations or advances made specifically for  the purpose of paying all or any part of such rentals;    (b) use and dispose of such  revenues  and  monies,  or  any  portions  thereof, for the purpose of defraying, in whole or in part, (1) the cost  of  acquiring  any  real  property  for  the  purpose  of  constructing,  acquiring,  reconstructing,  rehabilitating  or   improving   facilities  thereon which may be constructed, acquired, reconstructed, rehabilitated  or  improved  by  the  agency  pursuant to this article, (2) the cost of  financing the construction, acquisition, reconstruction,  rehabilitation  or  improvement  of  such  facilities, and (3) the cost of acquiring theoriginal furnishings,  equipment,  machinery  and  apparatus  needed  to  furnish and equip such facilities upon the completion of work;    (c)  set  aside  rental  reserves  and  to  agree  to the maintenance,  regulation and disposition thereof;    (d) agree to limitations on the purposes to which the proceeds of sale  of agency notes or bonds may be applied and  to  the  pledging  of  such  proceeds  to secure the payment of agency notes or bonds or of any issue  thereof;    (e) agree to limitations on the making of additional leases, subleases  or agreements with the agency or with others, and the terms  upon  which  such additional leases, subleases or agreements may be made;    (f)  recognize and give effect to such assignment, upon receipt of any  notice of assignment by the agency of any such lease, sublease or  other  agreement  with  the  agency,  or of any of its rights under such lease,  sublease or other agreement, and to pay the assignee thereof rentals  or  other  payments  then  due or which may become due under any such lease,  sublease or other agreement which has been so assigned  by  the  agency;  and    (g)  agree to any other matters, of like or different character, which  in any way affect the security or  protection  of  the  rental  payments  required  to  be  made  under the terms of such lease, sublease or other  agreement with the agency.    6.  (a)  Any  state  university  facility,  as  defined   in   section  forty-seven-a  of  this  article,  which has been constructed, acquired,  reconstructed, rehabilitated or improved, in whole or in  part,  out  of  monies  advanced  to  the  state  university  of  New  York,  the  state  university construction fund, the state office of  general  services  or  the  dormitory  authority since August first, nineteen hundred sixty-two  pursuant to appropriations or  reappropriations  as  advances  from  the  capital  construction  fund, and the lands upon which such a facility is  located, may be leased or conveyed to the agency by the state university  of New York, the state university construction  fund  or  the  dormitory  authority  in accordance with the provisions of subdivisions one through  five  of  this   section,   notwithstanding   that   the   construction,  acquisition,  reconstruction,  rehabilitation  or  improvement  of  such  facility may have been completed by the state university  of  New  York,  the  state  university construction fund, the dormitory authority or the  state office of general services, or may have  been  undertaken  or  may  hereafter  be undertaken by the dormitory authority under agreement with  the state university of New York or the  state  university  construction  fund.    (b)  Subject  to such agreements with third parties as may then exist,  the state university of New York and the state  university  construction  fund are hereby authorized and empowered to enter into leases, subleases  and  other  agreements  with  the  agency  with  respect  to  any  state  university facility described in paragraph (a), and the lands upon which  such a facility is or may be located, in accordance with the  provisions  of  section  three  hundred  seventy-eight  of the education law and the  provisions of subdivisions one through five of  this  section;  and  the  agency  is  hereby  authorized  and  empowered  to  accept  any lease or  conveyance of any such state university facility,  and  the  lands  upon  which  such  a  facility  is  or  may be located, to acquire, construct,  reconstruct, rehabilitate or improve any  such  facility  and  to  issue  bonds  and notes to provide sufficient funds therefor in accordance with  the  provisions  of  section  forty-seven-a  of  this  article  and  the  provisions of subdivisions one through five of this section.    (c)  Any  mental hygiene facility, as defined in section forty-seven-b  of this article, which has been  constructed,  acquired,  reconstructed,rehabilitated  or  improved, in whole or in part, out of monies advanced  or deemed to have  been  advanced  to  the  health  and  mental  hygiene  facilities  improvement  corporation,  the  state  department  of mental  hygiene  or  the office of general services, since April first, nineteen  hundred sixty-three pursuant to appropriations  or  reappropriations  as  advances  from  the  capital construction fund, and the lands upon which  such a facility is located, may be leased or conveyed to the  agency  by  the  health and mental hygiene facilities improvement corporation or the  commissioner of mental hygiene in  accordance  with  the  provisions  of  subdivisions  one through five of this section, notwithstanding that the  construction, acquisition, reconstruction, rehabilitation or improvement  of such facility may have  been  completed  by  the  health  and  mental  hygiene  facilities  improvement  corporation,  the  state department of  mental hygiene or the office of general services.    (d) Subject to such agreements with third parties as may  then  exist,  the  health  and  mental  hygiene  facilities improvement corporation is  hereby authorized and empowered to  enter  into  leases,  subleases  and  other  agreements  with  the  agency  with respect to any mental hygiene  facility described in paragraph (c), and the lands  upon  which  such  a  facility  is  or  may  be  located, in accordance with the provisions of  subdivision four of section  nine  of  the  health  and  mental  hygiene  facilities  improvement  act  and  the  provisions  of  subdivisions one  through five of this section; and the agency is  hereby  authorized  and  empowered  to  accept any lease or conveyance of any such mental hygiene  facility, and the lands upon which such a facility is or may be located,  to acquire, construct, reconstruct, rehabilitate  or  improve  any  such  facility,  and  to  issue  bonds  and  notes to provide sufficient funds  therefor in accordance with the provisions of section  forty-seven-b  of  this article and the provisions of subdivisions one through five of this  section.    7. a. The agency shall have the power to acquire by lease or deed from  the  health  and  mental  hygiene facilities improvement corporation any  real property acquired by the corporation pursuant to the provisions  of  subdivision  six  of  section  nine  of  the  health  and mental hygiene  facilities  improvement  act  (i)  for  the  purpose  of   constructing,  reconstructing,   rehabilitating   or  improving  thereon  one  or  more  community mental health and  retardation  facilities  or  (ii)  for  the  purpose  of  financing  the  acquisition,  construction, reconstruction,  rehabilitation or improvement thereon of one or  more  community  mental  health  and  retardation  facilities, pursuant to the provisions of this  article and the health and mental hygiene  facilities  improvement  act.  The  agency is hereby authorized to lease or sublease such real property  and facilities thereon to the corporation for the purpose of making  the  same  available  to a city or a county not wholly within a city, for use  and occupancy in accordance with the provisions of a lease, sublease  or  other agreement between the corporation and such city or county.    b.  In  the  event that the agency shall fail, within five years after  the date of a lease or conveyance of such real property from  such  city  or county to the corporation, to construct, reconstruct, rehabilitate or  improve the community mental health and retardation facility or facility  thereon  for which such lease or conveyance was made, as provided for in  a lease, sublease or other agreement entered into by such city or county  and the corporation, then, subject to the terms of any  lease,  sublease  or  other agreement undertaken by the agency, such real property and any  facilities thereon  shall  revert  to  the  corporation  with  right  of  re-entry thereupon, and such lease or deed shall be made subject to such  condition  of  reverter  and  re-entry;  provided,  however,  that  as a  condition precedent to the  exercise  of  such  right  of  re-entry  thecorporation  shall  pay  to the agency an amount equal to the sum of the  purchase price of such  real  property,  the  depreciated  cost  of  any  community   mental   health   and  retardation  facility  or  facilities  constructed,  reconstructed,  rehabilitated  or improved thereon and all  other costs of the agency incident to the acquisition of such lands  and  the   financing   of  construction,  reconstruction,  rehabilitation  or  improvement relating to such community  mental  health  and  retardation  facility or facilities, all as provided in the aforesaid lease, sublease  or other agreement entered into with the corporation.    c.  No  real  property  or  interest  therein shall be acquired by the  agency pursuant to this subdivision unless the title  thereto  shall  be  approved by the attorney general.    d.  The  attorney general shall pass upon the form and sufficiency and  manner of execution of any deed  of  conveyance  and  of  any  lease  or  sublease  of  real  property  authorized  to  be  acquired by the agency  pursuant to this subdivision and the same shall not be effective  unless  such deed, lease or sublease shall be so approved by him.