Section 54.10. Bonds and notes of the city of New York; certain provisions  


Latest version.
  • Subject to the provisions of the financial emergency act for the city of
      New York but notwithstanding any other law to the contrary:
        (a) To facilitate the marketing of any issue of bonds or notes of  the
      city  of  New York issued on or before June thirtieth, two thousand ten,
      the mayor and comptroller of such city may, subject to the  approval  of
      the  state comptroller and the limitations on private sales of bonds and
      notes, respectively, provided by law:
        (i) arrange for  the  underwriting  of  its  bonds  or  notes  through
      negotiated agreement or public letting, and provide for compensation for
      services rendered in connection with such underwriting by negotiated fee
      or  by  sale of such bonds or notes to an underwriter at a price of less
      than the sum of  par  value  of,  and  the  accrued  interest  on,  such
      obligations;
        (ii)  arrange  for  the  private  sale  of  its bonds or notes through
      negotiated agreement, and provide for compensation for services rendered
      in connection with such sales by negotiated fee or by sale of such bonds
      or notes at a price of less than the  sum  of  par  value  of,  and  the
      accrued interest on, such obligations;
        (iii)  provide  for  redemption  of its bonds or notes on such date or
      dates prior to the date of their maturity  at  a  price  or  prices  and
      pursuant  to  such terms as may be determined by the city at the time of
      the issuance  thereof,  notwithstanding  any  limitation  set  forth  in
      section  53.00 of this chapter. The cost of such underwriting or private
      placement together with other costs  of  the  issuance  of  obligations,
      shall  be  deemed a part of the cost of the objects or purposes financed
      by an issue of obligations.
        (b) Without further approval the mayor and comptroller of the city  of
      New  York may provide for or enter into agreements which provide for the
      payment of a guarantee fee or any other amounts required by  the  United
      States of America or any agency or instrumentality thereof in connection
      with  any  guarantee  of  the payment of the principal of or interest on
      bonds  or  notes  issued  by  such  city  or  the  municipal  assistance
      corporation for the city of New York.
        (c)  Without further approval the mayor and comptroller of the city of
      New York may provide for or enter into agreements which provide for  the
      payment  of  compensation  by negotiated fee or otherwise to a financial
      advisor to  such  city  engaged  pursuant  to  any  agreement  with  the
      secretary of the Treasury in connection with the guarantee by the United
      States  of  America  or  any  agency  or  instrumentality thereof of the
      principal of or interest on bonds or notes issued by such  city  or  the
      municipal  assistance corporation for the city of New York or to enhance
      the city's ability to market its obligations to the public.
        (d) Without further approval the mayor and the comptroller of the city
      of New York may provide for or enter into agreements which  provide  for
      the  compensation  by  negotiated fee or otherwise of a trust company or
      bank having the powers of a trust company in the state of  New  York  to
      hold, maintain and administer funds in accordance with the provisions of
      section  nine-a  of  the  New York state financial emergency act for the
      city of New York.
        (e) Without further approval the mayor and the comptroller of the city
      of New York may provide for or enter into agreements which  provide  for
      the  payment  of  any  amount  required  in exchange for a commitment to
      purchase bonds or notes of the city, and  in  addition  may  enter  into
      agreements upon such terms, including but not limited to terms governing
      payment,   redemption   and  refunding,  as  they  deem  reasonable  and
      appropriate to facilitate  the  issuance  and  sale  of  notes  with  an
      interest rate which may vary pursuant to section 60.00 of this chapter.