N.Y. Facilities Development Corporation Act 359/68 § 8-b: Provisions relating to agreements with certain municipalities

§ 8-b. Provisions relating to agreements with certain municipalities.

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

municipality providing for the design by the corporation of a health

facility or health facilities for such municipality at the sole cost and

expense of the municipality. Such agreement may also provide for the

construction, reconstruction, rehabilitation and improvement of such

health facility or health facilities by the corporation at the sole cost

and expense of the municipality or of any agency or instrumentality

thereof. A municipality is hereby authorized to enter into such

agreements 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 health

facility or health facilities. 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 health 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 subparagraphs c and d

of paragraph (ii) of subdivision two of section eight of this act.