[HISTORY: Adopted by the Suffolk County Legislature 5-22-1979 by L.L. No.
15-1979 (Ch. 112 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of certain local laws amending
these provisions are included at the end of this chapter.]
At present, the County contracts with the Metropolitan Suburban
Bus Authority to provide services for the citizens of Suffolk County
on certain operating routes. The Metropolitan Suburban Bus Authority
is a division of the Metropolitan Transportation Authority. There
has arisen a question whether the County should contract with the
Metropolitan Suburban Bus Authority pursuant to Article 5-G of the
General Municipal Law or Article 5-I of the General Municipal Law.
In order to ensure that the County contracts are proper, this chapter
has been presented and adopted pursuant to Article 5-I of the General
Municipal Law, in particular § 119-r. This section of state
law allows the County of Suffolk to adopt local laws authorizing the
exercise of certain functions and powers.
Pursuant to the authority of the General Municipal Law § 119-r,
the County of Suffolk is hereby authorized:
A.
To acquire, construct, reconstruct, improve, equip, maintain or operate
one or more mass transportation projects. The County of Suffolk shall
have the power to occupy or use any of the streets, roads, highways,
avenues, parks or public places of such municipal corporation therefor
and to agree upon and contract for the terms and conditions thereof.
B.
To make a contract or contracts for the acquisition by purchase of
all or any part of the property, plant and equipment of an existing
mass transportation facility actually used and useful for the convenience
of the public.
C.
To make a contract or contracts with any person, firm or corporation,
including a public authority, for the equipment, maintenance or operation
of a mass transportation facility owned, acquired, constructed, reconstructed
or improved by it.
D.
To make a contract or contracts for a fair and reasonable consideration
for mass transportation services to be rendered to the public by a
privately owned or operated mass transportation facility. This power
shall include but not be limited to the power to appropriate funds
for payment of such consideration and to provide that all or part
of such consideration shall be in the form of capital equipment to
be furnished to and used and maintained by such privately owned or
operated mass transportation facility.
E.
To make unconditional grants of money or property to a public authority
providing mass transportation services to all or part of the County
of Suffolk in order to assist such public authority in meeting its
capital or operating expenses, provided that such money does not consist
of borrowed funds and such property has not been acquired by the use
of borrowed funds.
[Amended 6-10-1980 by L.L. No. 16-1980; 6-11-1985 by L.L. No.
18-1985; 12-20-1994 by L.L. No. 7-1995; 3-8-1995 by L.L. No. 15-1995]
A.
Notwithstanding the powers authorized by § 160-2D herein, any contract entered into for mass transportation services with a privately owned or operated facility shall be awarded by competitive bidding in compliance with Article 5-A of the New York General Municipal Law. Any bid specifications issued in connection with such competitive bidding shall include a minimum requirement for bonds guaranteeing mechanical performance of the buses to be utilized under such contract, to the extent that such bonds are available at a reasonable cost; a minimum requirement that adequate buses be provided to ensure continuity of service for authorized bus routes; and a requirement that the bidder explicitly describe how it intends to increase ridership on the route for which the bid is made.
(1)
Prior to awarding a contract pursuant to the provisions of Subsection A of this section, the County of Suffolk shall determine the cost, if any, that may arise out of implementation of the bidding process and may be attributable to the County of Suffolk as a result of any claims that may be made for compensation for alleged damages from owners of existing bus route franchises. Said cost to the County may be determined through either negotiation or through court order and shall be determined prior to the bid of said route(s). Any bid document issued pursuant to this section shall include a statement of said cost and shall require that prospective bidders include any such costs in their bid proposal and shall require the successful bidder to indemnify the County from any costs deemed necessary to compensate the present holders of said routes and for the bidder to acquire said franchises prior to the start of service. Nothing herein shall be construed as a waiver of existing franchise rights nor as a prohibition on existing franchise holders to submit bids on any routes, including those they presently operate.
(2)
As part of the process of circulating bid specifications under Subsection A of this section, the County of Suffolk shall include a formal notice to prospective bidders stating that all bidders shall indemnify the County of Suffolk for any financial obligation that may arise out of any judicial or administrative application of Section 13(c) of the Federal Transportation Act to the award of a contract pursuant to Subsection A of this section.
