N.Y. General Municipal Law Section 99-N
Transfer and lease of ferry boats and buses


1.

As used in this section the term “municipality” shall mean a county, city, town or village.

2.

Notwithstanding any other law, general, special or local, a municipality, acting through its chief executive officer and its chief fiscal officer, without further approval, except, in the case of any municipality with respect to which the legislature has declared that a state of financial emergency exists, the approval of any emergency financial control board or similar body established by state law for such municipality, may (a) sell or transfer all interest in any or all of its ferry boats and buses, except to the extent of any portion of any ferry boat or bus 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 ferry boats or buses, as the case may be, provided (i) such lease contains an option to the municipality 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 municipality 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 by principal or interest, by the municipality from its transferee during each such twelve month period. Without limitation of the foregoing, any lease entered into pursuant hereto may also contain provisions requiring the municipality 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 municipality 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.

Notwithstanding any other law, general, special or local, the proceeds from any transaction described in this section may be used by such municipality for any lawful municipal purpose.

4.

The lessor of such property, during the term of any lease thereof to a municipality, shall, if the lessor shall have assigned to the lessee all manufacturers’ and other warranties 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 lessee 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, except to the extent such lessor may have any such responsibility or liability by virtue of its being the manufacturer of such property, or any part thereof.

5.

With respect to any transaction described in this section, a municipality shall comply with the following standards and procedures:

(i)

notice of intention to negotiate a transaction described in this section shall be published in at least one newspaper of general circulation, and a copy thereof shall be mailed to all parties who have requested notification from the municipality of its intent to engage in transactions of this type. Such notice shall describe the nature of the proposed transaction and the factors subject to negotiation which shall include, but not be limited to, the price to be paid to the municipality;

(ii)

the municipality shall consider each proposal which complies with the requirements set forth in the notice; and

(iii)

the municipality shall determine, on the basis of relevant factors, that the transaction negotiated will provide maximum available financial benefits, consistent with other defined objectives and requirements.

Source: Section 99-N — Transfer and lease of ferry boats and buses, https://www.­nysenate.­gov/legislation/laws/GMU/99-N (updated Sep. 22, 2014; accessed Jun. 15, 2024).

70
Payment of judgments against municipal corporation
70‑A
Liability for expenses incurred in enforcing lawful required payment of moneys to state agencies
71
Liability for damages by mobs and riots
71‑A
Injury or death of person aiding a police officer or peace officer
71‑B
Operation of snowmobiles
72
Acquisition of lands for erection of monuments
72‑A
Acquisition and development of forest lands
72‑B
Acquisition of lands and erection of memorial buildings
72‑C
Expenses of members of the police department and other peace officers in attending police training schools
72‑D
Acquisition of lands for park and parkway purposes or for district headquarters for the state department of transportation, and dedicatio...
72‑E
Acquisition of lands for park and parkway purposes and dedication of the same by the counties of Broome, Monroe and Erie
72‑F
Acquisition of lands for parkway and airport purposes and dedication of the same by counties and municipal corporations
72‑G
Expenses of volunteer firefighters attending training schools and instruction courses
72‑H
Sale, lease and transfer to municipal corporations of certain public lands
72‑I
Acquisition of lands and erection of memorial buildings by adjoining villages
72‑J
Parking garages and parking spaces
72‑K
Parking facilities and appurtenances within or outside of the state highway right of way
72‑K*2
Notification of change in use of property used for recreational purposes
72‑L
Navigation and flood control improvements in cooperation with the federal government
72‑M
Appropriations for Bicentennial celebration
72‑M*2
Emergency transportation plans
72‑N
Air space and air and subsurface areas
72‑O
Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal
72‑P
Lease of real property by a municipality
72‑P*2
Establishment of farmers’ markets
72‑R
Adopt-a-beach stewardship program
73
Cities and villages may hold property in trust for certain purposes
74
Condemnation of real property
74‑B
Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property
74‑C
Taking of billboards
75
Limitation on acquisition of water rights in Dutchess county
76
Limitation on acquisition of water rights in Westchester and Putnam counties
77
Leases of public buildings to posts of veteran organizations, organizations of volunteer firefighters, and child care agencies
77‑A
Construction and maintenance of memorial building or monument by county or city
77‑B
Expenses of certain public officers and employees attending conventions, conferences and schools
77‑C
Per diem meal allowances for travel on official business
77‑D
Traveling expenses for applicants for public employment
77‑E
Baseball field fence leases in Yates county
77‑F
Sports field fence leases in the town of Sweden, Monroe county
77‑G
Sports field fence leases in the city of Rye, Westchester county
77‑H
Sports field fence leases in the town of New Castle, Westchester county
77‑I
Sports field fence leases in the town of Yorktown, Westchester county
78
Insurance of property
78‑B
Demolition and removal of unsafe structures
80
Discrimination against non-residents
80‑A
Purchasing of products for municipal use
81
Peddling and hawking farm produce
82
Levy to pay a final judgment
83
Limitation as to amount of money to be raised
84
Refunding illegal assessments
85
Service charge on returned checks
85‑A
Taxation of transient merchants
86
Regulation of commercial and business activities on Memorial day and Independence day
86‑A
Regulation of installation of portable electrical equipment used for amusement devices
87
Support and maintenance of charitable and other institutions
88
Disposition of stray or unwanted dogs by municipality
88*2
Catv franchises prohibited
88‑A
Merit award board to reward employees for suggestions
89
Payment of debts of illegal corporations
90
Payment of overtime compensation to public officers or employees
91
Payment of rewards for apprehension and conviction of a person or persons guilty of felony or misdemeanor
91‑A
Arson investigation
92
Vacations, sick leaves and leaves of absence of officers and employees
92‑A
Medical, surgical and hospital services or insurance for officers, employees and retired officers and employees of public corporations an...
92‑B
Audit of claims under certain contracts for administering medical assistance
92‑C
Emergency service volunteer
92‑D
Sick leave for officers and employees with a qualifying World Trade Center condition
93
Payment of certain insurance premiums for officers and employees of municipal corporations and agencies or instrumentalities thereof
93‑A
Written statement of deductions to accompany payment of salary or wages to officers or employees in certain cases
93‑B
Deductions from wages or salaries of civil service employees
93‑C
The appropriate disbursing or fiscal officer of any municipality or other political subdivision of the state is hereby authorized to dedu...
93‑D
Payroll payment by banks or trust companies
94
Earnings of municipal corporations from certain municipally operated public utility services
94‑A
Tax equivalent payments of the city of Jamestown board of public utilities
95
Youth agencies and assistance
95‑A
Programs for the aging
96
Municipal community garden activities
96‑A
Use of certain lands for the construction and operation of neighborhood youth centers
96‑A*2
Protection of historical places, buildings and works of art
96‑B
Tree conservation
97
Power of municipalities to furnish and contract for fire and police communication system
98
Operation and maintenance of railroad passenger stations in certain municipalities
98‑A
Acquisition and lease of railroad facilities
98‑B
Municipal assistance to public authorities furnishing transportation services
99
Regulation of open wells, cesspools, basins or sumps
99‑A
Use of municipally operated dumping ground by another municipality
99‑B
Receipts for money received
99‑C
Agreements for joint building inspectors by municipal corporations
99‑D
Planning for future capital improvements
99‑E
Operation, improvement and maintenance of parks
99‑F
Comprehensive sewer and water studies
99‑G
Capital program
99‑H
Participation in federal programs
99‑I
Participation in programs to promote progress and scholarship in the humanities and the arts
99‑J
Control of aquatic plant growth
99‑K
Fees to jurors or witnesses
99‑L
Fees in criminal actions and other proceedings
99‑M
Cash bail and partially secured bail bond
99‑N
Transfer and lease of ferry boats and buses
99‑O
Transfer and lease of mass commuting vehicles by the county of Suffolk
99‑P
Municipality, district corporation or school district as reciprocal insurer
99‑Q
Facilities for the unified court system
99‑R
Contracts for services
99‑S
Transfer and sale of delinquent real estate tax receivables
99‑T
Contracts with banks or trust companies for the collection of water or sewer user fees, charges, rates or rentals, or certain special ass...
99‑U
Municipal cooperation agreements for counties
99‑V
Veterans services
99‑W
Land for monument erection
99‑X
Prohibit symbols of hate
99‑Y
Internet access and communications
99‑Z
Municipal officers or employees prohibited from displaying political advertisements on public property

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 99-N’s source at nysenate​.gov

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