N.Y. Facilities Development Corporation Act 359/68 § 14-b: Special provisions relating to local correctional facilities

§ 14-b. Special provisions relating to local correctional facilities.

1. The corporation is authorized to enter into an agreement with a

municipality providing for the design, construction, reconstruction,

rehabilitation and improvement for such municipality of a local

correctional facility, as such term is defined in section forty of the

correction law, including any place used by a municipality for the

detention of persons charged with or convicted of a crime, at the sole

cost and expense of such municipality. A municipality, by resolution of

its governing body, is hereby authorized to enter into such an agreement

with the corporation and to provide for the payment to the corporation

of all expenses incurred at such times and in such amounts as shall be

set forth in the agreement, notwithstanding the provisions of any

general, special or local law or of any charter. The agreement shall

contain such other terms and conditions as may be agreed upon by the

corporation and the municipality. The corporation shall enter into an

agreement with a municipality prior to the commencement of any

corporation services. No agreement entered into between the facilities

development corporation and a municipality pursuant to this section

shall be effective until the director of the budget has determined that

the total estimated charge to be collected by the corporation from the

municipality is fair and reasonable in relationship to the estimated

total project cost and also that sufficient provisions exist to insure

the collection of such charge by the corporation from the municipality.

The corporation shall by regulation prescribe a procedure or procedures

for the application by a municipality to the corporation for its

assistance and the corporation's procedure or procedures for the design,

construction, reconstruction, rehabilitation and improvement of a local

correctional facility. Any such regulation shall be submitted to the

director of the budget for his approval prior to its effectiveness.

2. In the design, construction, reconstruction, rehabilitation and

improvement of a local correctional facility pursuant to an agreement

entered into as provided in subdivision one of this section, the

corporation shall be governed by the applicable provisions relating to

the design and construction of health facilities as set forth in

paragraphs c and d of subdivision two of section eight of this act.