2013 New York Consolidated Laws
PML - Racing, Pari-Mutuel Wagering and Breeding Law
Article 5 - (501 - 517) REGIONAL OFF-TRACK BETTING CORPORATIONS
505 - Acquisition or leasing of property.

 
    §  505.  Acquisition or leasing of property. 1. A participating county
  may, in accordance with the provisions of law governing the  acquisition
  or leasing of real property by such county, acquire real property in the
  name  of  such  county  by  purchase  or  condemnation  for  use  by the
  corporation, or lease real property from other owners for such  purpose,
  and,  by  resolution  of  the governing body of such county, may through
  lease or contract made upon such terms and conditions, with  or  without
  consideration, and for such period of time as may be agreed upon by such
  county  and the corporation, authorize the use or occupancy of such real
  property by the corporation  for  the  carrying  out  of  its  corporate
  purpose.
    2. Such county may, in accordance with the provisions of law governing
  the  acquisition or leasing of personal property by such county, acquire
  or lease personal property for use by the corporation and, acting by the
  governing body of such county, may by lease or contract made  upon  such
  terms and conditions, with or without consideration, and for such period
  of  time  as  may  be  agreed  upon  by  such county and the corporation
  authorize the use of such property by the corporation or transfer  title
  to such property to it, for the carrying out of its corporate purpose.
    3.  Such  county  may,  by  resolution  of  the governing body of such
  county, or by an instrument authorized by such a  resolution,  authorize
  the  corporation  to  use  or  occupy for its corporate purpose any real
  property then owned by or under lease to such county,  upon  such  terms
  and  conditions,  with  or without consideration, and for such period of
  time, as may be agreed upon by such county and the corporation; provided
  that, in the case of any such property then under lease to such  county,
  the  authorization  granted  by  such county to the corporation shall be
  within and consistent with the rights of such county as lessee  of  such
  property.
    4. Each corporation for the carrying out of its corporate purpose, may
  itself  acquire  real property in the name of the participating counties
  at the cost and expense of the corporation by purchase  or  condemnation
  pursuant to the laws governing the condemnation of real property by each
  county.  The  corporation  shall have the use and occupancy of such real
  property so long as its corporate existence shall continue.
    5. a. Contracts may be entered into by a participating county and  the
  corporation  containing  undertakings  by  a participating county (i) to
  acquire or lease real or personal property  and  authorize  the  use  or
  occupancy  of  same  by  the  corporation,  or  (ii)  to  authorize  the
  corporation to use or occupy real or personal property then owned by  or
  under  lease  to  a  participating county, or (iii) to perform any other
  acts on the part of such county authorized by subdivisions one, two  and
  three  of  this  section, provided the acts of such county called for by
  such undertakings are in conformity with the provisions of,  and  within
  the  powers  granted  to  the  county by, such subdivisions one, two and
  three of this section.   The  making  of  any  such  contract  shall  be
  authorized, on behalf of the county, by the governing body or the county
  executive, or by both, as the case may be, in the same manner as the act
  or  acts  of the county called for by the undertaking or undertakings in
  such contract  are  required  to  be  authorized  under  the  applicable
  provisions of such subdivisions one, two and three of this section.
    b.  Any  such  contract  between  a  county and the corporation may be
  pledged by the corporation to secure its bonds or notes and may  not  be
  modified thereafter except as provided by the terms of the pledge.
    6. In case the corporation shall have the use or occupancy of any real
  property which it shall determine is no longer required for the carrying
  out  of  its corporate purpose, then, if such real property was acquired
  at the cost and expense of a county, the corporation shall have power to

  surrender its use or occupancy thereof to the county, or, if  such  real
  property  was  acquired  at the cost and expense of the corporation, the
  corporation shall have the power to sell, lease or otherwise dispose  of
  said  real property at public or private sale, and shall retain and have
  the power to use the proceeds of sale, rentals or other  moneys  derived
  from the disposition thereof for its corporate purpose.
    7. Notwithstanding the provisions of any general, special or local law
  to  the  contrary,  each  corporation  may  make purchases of materials,
  equipment or supplies, when available, through  a  participating  county
  subject  to  any  procedures  or  rules which may be established by such
  participating county prescribing the conditions  under  which,  and  the
  manner  in  which purchases may be made.  All purchases shall be subject
  to audit and inspection by the corporation  and  the  corporation  shall
  accept  sole  responsibility  for  any  payment  due  the  vendor.   The
  corporation shall make no purchase through the participating county when
  bids have been received for such purchase  by  the  corporation,  unless
  such   purchase  may  be  made  upon  the  same  terms,  conditions  and
  specifications at a lower price through the participating county.