Section 20.17. Bonds and notes of a trust  


Latest version.
  • 1. A trust shall have the power
      and is hereby authorized to issue from time to time its bonds and  notes
      in  such  principal amounts as the trust shall determine to be necessary
      for achieving any of its corporate purposes, including: (a) the  payment
      of  all or any part of the cost of developing cultural facilities or the
      institutional  portion  of  combined-use  facilities;   (b)   developing
      facilities  for not-for-profit cultural organizations; (c) the making of
      loans pursuant to this article to not-for-profit cultural  organizations
      and  to participating cultural institutions; (d) the payment of interest
      on bonds and notes of the trust; (e) the establishment  of  reserves  to
      secure  such  bonds  and notes of the trust; (f) the payment of expenses
      incurred in connection with the issuance of the bonds and notes  of  the
      trust;  and  (g)  during  the  period  of  development of a combined-use
      facility or a cultural facility or other  facility  authorized  by  this
      article,  the  payment  of  other  expenses but, except in the case of a
      trust created prior to the effective date of this section, such expenses
      shall not include  operating  expenses  of  the  participating  cultural
      institution.  All  bonds  or  notes  and the interest coupons applicable
      thereto whether or not in negotiable form are hereby made and  shall  be
      construed  to  be negotiable instruments and investment securities under
      article eight of the uniform commercial code.
        2. A trust shall have the power to issue from time to time  (a)  notes
      to  renew  notes, (b) bonds to pay notes, including the interest thereon
      and redemption premium, if any, (c) bonds to refund  any  bonds  of  the
      trust  then outstanding, including the payment of any redemption premium
      thereon and any interest  accrued  or  to  accrue  to  the  earliest  or
      subsequent  date  of redemption, purchase or maturity of such bonds. The
      refunding bonds may be exchanged for the bonds to be  refunded  or  sold
      and  the proceeds applied to the purchase, redemption or payment of such
      bonds, and pending such purchase, redemption or payment,  such  proceeds
      may  be  invested  and reinvested in obligations of or guaranteed by the
      United States, the state, or any political subdivision of the state,  or
      any  agency or instrumentality of any of them, secured in such manner as
      the trust shall determine, maturing at such time or times  as  shall  be
      appropriate  to assure the prompt payment, as to the principal, interest
      and redemption premium, if any, on the outstanding bonds to be refunded.
      A trust shall have power out of any funds available therefor to purchase
      (as distinguished from the power  of  redemption  herein  provided)  any
      bonds  or  notes  of  the  trust,  and  all  bonds so purchased shall be
      cancelled.
        3. With respect to notes or bonds issued or renewed on and  after  the
      effective  date  of  this title, no note or renewal thereof shall mature
      more than five years from and after the date of the  original  issue  of
      such  note,  and no bond or bond issued to refund such bond shall mature
      more than thirty years from and after the date of the original issue  of
      such  bond,  provided,  however,  no  bond issued to refund bonds issued
      prior to the effective date of this section shall mature more than fifty
      years from and after the date of the original issue of  any  such  bond.
      Notwithstanding  the  foregoing, notes issued by a trust for the purpose
      of repaying advances from a  participating  cultural  institution  which
      uses  or  occupies  the institutional portion of a combined-use facility
      the cost of development of which was paid with the proceeds of bonds  of
      the  trust  which were issued prior to September first, nineteen hundred
      ninety-one, shall mature no later than seven years from  and  after  the
      date  of  original  issue  of such note, and bonds issued by a trust for
      such purpose, including bonds issued to refund such notes, shall  mature
      no  later  than fifty years from and after the date of original issue of
      such bonds.
    
        4. The issuance of bonds and notes by a trust shall be  authorized  by
      resolution of the trust without further authorization or approval, which
      resolution shall be a part of the contract with the holders of the bonds
      or notes thereby authorized. Such resolution may provide that such bonds
      and  notes may be registered or registrable as to principal and interest
      or as to interest alone and that such bonds and notes may be payable  at
      such  place or places, within or without the state, may bear interest at
      such rate or rates, may be payable and mature at such time or times, may
      be  in  such  form  and  evidenced  in  such  manner,  may  be  in  such
      denominations,  and  may  contain such other provisions not inconsistent
      with this article, including provisions as to reserve or sinking  funds,
      payment,  redemption  or refunding of bonds or notes, security therefor,
      events of default, remedies of bondholders or  noteholders,  appointment
      of trustees, as distinguished from members of the board of trustees of a
      trust  for  cultural  resources,  or fiscal agents, custody, collection,
      securing,  investment  and  payment  of  any  money  and  amendment   or
      abrogation  of such provisions, all as the trust may determine; provided
      that such resolution may provide for the manner of  determining  any  or
      all  of  the  foregoing  provisions  for such bonds and notes in lieu of
      determining such provisions.
        5. Bonds may be issued in one or more series as serial  bonds,  or  as
      term  bonds,  or  as  a  combination  thereof.  Any signature, manual or
      facsimile, of an officer of the trust appearing on  bonds  or  notes  or
      coupons  shall  be  valid and sufficient for all purposes whether or not
      such officer shall then be in office. The trust may also provide for the
      authentication of the bonds or notes by a trustee (as distinguished from
      a member of the board of trustees of a trust for cultural resources)  or
      fiscal agent.
        6.  The  bonds  or  notes  of  a trust may be sold at such prices at a
      public or private sale, in such manner and from time to time, as may  be
      determined  by  the  trust, and the trust may pay all expenses, premiums
      and  commissions  which  it  may  deem  necessary  or  advantageous   in
      connection  with  the  issuance and sale thereof. No bonds or notes of a
      trust may be sold at a private sale  unless  such  sale  and  the  terms
      thereof  have  been  approved in writing by the comptroller of the state
      and the chief fiscal officer of the municipality or county in which  the
      combined-use facility or cultural facility for which such bonds or notes
      are issued is located.
        7.  Neither  the  trustees,  officers or employees of a trust, nor any
      participating cultural institution or the members, directors,  trustees,
      officers  or  employees of such institution, nor any person executing or
      authenticating the bonds or notes of the trust shall be  liable  on  the
      bonds  or  notes  or  be  subject  to any personal or other liability or
      accountability by reason of the issuance thereof.