Section 3633. Bonds or notes of the corporation  


Latest version.
  • 1. The corporation shall
      have the power and is hereby authorized, from time  to  time,  to  issue
      bonds, notes, or other obligations to pay the cost of any project or for
      any  other corporate purpose, including the establishment of reserves to
      secure the bonds, the payment of principal  of,  premium,  if  any,  and
      interest  on  the  bonds  and  the  payment  of  incidental  expenses in
      connection therewith. The corporation shall have the power and is hereby
      authorized to enter into such agreements and perform such acts as may be
      required under any applicable federal legislation to  secure  a  federal
      guarantee or other subsidy with respect to any bonds.
        2.  The  corporation shall have the power, from time to time, to renew
      bonds or to issue renewal bonds for such purpose, to issue bonds to  pay
      bonds, and, whenever it deems refunding expedient, to refund any bond by
      the issuance of new bonds, whether the bonds to be refunded have or have
      not   matured,  and  may  issue  bonds,  partly  to  refund  bonds  then
      outstanding  and  partly  for  any  other  corporate  purpose   of   the
      corporation.  Bonds  issued for refunding purposes shall be sold and the
      proceeds applied to the purchase, redemption, or payment of the bonds or
      notes to be refunded.
        3. Bonds issued by the corporation may be general obligations  secured
      by the faith and credit of the corporation or may be special obligations
      payable  solely  out  of  particular  revenues or other monies as may be
      designated in the proceedings of the corporation under which  the  bonds
      shall  be  authorized  to  be issued, subject as to priority only to any
      agreements with the holders of outstanding bonds pledging any particular
      property, revenues or monies. The corporation may also enter  into  loan
      agreements,  lines  of  credit, and other security agreements and obtain
      for or on its behalf letters of credit, insurance, guarantees, or  other
      credit  enhancements,  to the extent now or hereafter available, in each
      case for securing its bonds or to provide direct payment  of  any  costs
      which the corporation is authorized to pay.
        4.  (a) Bonds shall be authorized by resolution of the corporation, be
      in such denominations and bear such date or dates  and  mature  at  such
      time  or  times, as such resolution may provide; provided that bonds and
      renewals thereof shall mature  within  forty  years  from  the  date  of
      original issuance of any such bonds.
        (b)  Bonds shall be subject to such terms of redemption, bear interest
      at such rate or rates, be payable at such times, be in such form, either
      coupon or registered, carry such registration privileges, be executed in
      such manner, be payable in such medium  of  payment  at  such  place  or
      places,  and  be subject to such terms and conditions as such resolution
      may provide. Notwithstanding any other provision of law,  the  bonds  of
      the  corporation  issued  pursuant  to this section shall be sold to the
      bidder offering the lowest true interest cost, taking into consideration
      any premium or discount not less than four nor more than  fifteen  days,
      Sundays  excepted,  after  a  notice  of such sale has been published at
      least once in a newspaper of general circulation in the area  served  by
      the  corporation,  which shall state the terms of the sale. The terms of
      the sale may not change unless notice of such  change  is  published  in
      such  newspaper  at  least  one day prior to the date of the sale as set
      forth in the original notice of sale.  Advertisements  shall  contain  a
      provision  to  the  effect  that the corporation, in its discretion, may
      reject any or all bids made pursuant to such advertisements, and, in the
      event of such rejection, the corporation is authorized  to  negotiate  a
      private  or  public  sale or readvertise for bids in the form and manner
      described in this paragraph as many times as, in its  judgment,  may  be
      necessary to effect satisfactory sale.
    
        (c)   Notwithstanding   the   provisions  of  paragraph  (b)  of  this
      subdivision, whenever in the judgment of the corporation  the  interests
      of  the  corporation  will  be  served  thereby,  the  directors  of the
      corporation, on the  written  recommendation  of  the  chairperson,  may
      authorize  the  sale  of  such  bonds  at  private  or  public sale on a
      negotiated basis, or on either a competitive or  negotiated  basis.  The
      corporation  shall  set guidelines governing the terms and conditions of
      any such private or public sales.   The  private  or  public  bond  sale
      guidelines  set by the corporation shall include, but not be limited to,
      a requirement that where the interests of the corporation will be served
      by a private or public sale  of  bonds,  the  corporation  shall  select
      underwriters  for each private or public bond sale conducted pursuant to
      a request  for  proposal  process  undertaken  from  time  to  time  and
      consideration  of proposals from qualified underwriters as determined by
      the corporation.
        (d) The corporation shall have the power, from time to time, to  amend
      such  private  bond sale guidelines in accordance with the provisions of
      this subdivision.
        (e) In addition to  the  authority  to  sell  notes  at  private  sale
      contained in this section, the corporation may sell its notes at private
      negotiated  sale  to  the  county.  The  county  is hereby authorized to
      temporarily invest county funds in such notes; provided that such  notes
      mature at or before the time the county expects to expend such funds for
      the purposes for which such funds were raised.
        (f)  No  private  or  public  bond sale on a negotiated basis shall be
      conducted by  the  corporation  without  prior  approval  of  the  state
      comptroller.  The  corporation shall annually prepare and approve a bond
      sale report, which  shall  include  the  private  or  public  bond  sale
      guidelines   as  specified  in  this  subdivision,  amendments  to  such
      guidelines since the  last  private  or  public  bond  sale  report,  an
      explanation  of the bond sale guidelines and amendments, and the results
      of any sale of bonds conducted during the fiscal year.  Such  bond  sale
      report  may be a part of any other annual report that the corporation is
      required to make.
        (g) The corporation shall annually submit its bond sale report to  the
      state comptroller and copies thereof to the senate finance committee and
      the assembly ways and means committee.
        (h)  The  corporation shall make available to the public copies of its
      bond sale report upon reasonable request thereof.
        (i) Nothing contained in this subdivision shall be  deemed  to  alter,
      affect  the  validity of, modify the terms of, or impair any contract or
      agreement made or entered into in violation of,  or  without  compliance
      with, the provisions of this subdivision.
        5.  Any  resolution  or  resolutions authorizing bonds or any issue of
      bonds by the corporation may contain provisions which may be a  part  of
      the contract with the holders of the bonds thereby authorized as to:
        (a)  pledging  all  or  part  of the revenues, together with any other
      monies or property of the corporation, to  secure  the  payment  of  the
      bonds,  or any costs of issuance thereof, including, but not limited to,
      any contracts, earnings, or proceeds of any  grant  to  the  corporation
      received  from  any private or public source, subject to such agreements
      with bondholders as may then exist;
        (b) the setting aside of reserves and the creation  of  sinking  funds
      and the regulation and disposition thereof;
        (c)  limitations on the purpose to which the proceeds from the sale of
      bonds may be applied;
    
        (d) the rates,  rents,  fees,  and  other  charges  to  be  fixed  and
      collected  by  the  corporation and the amount to be raised in each year
      and the use and disposition of revenues;
        (e)  limitations  on  the  right  of  the  corporation to restrict and
      regulate the use of the project or part thereof in connection with which
      bonds are issued;
        (f) limitations on the issuance of additional bonds,  the  terms  upon
      which  additional  bonds may be issued and secured, and the refunding of
      outstanding or other bonds;
        (g) the procedure, if any, by which the terms  of  any  contract  with
      bondholders  may  be  amended  or abrogated, including the proportion of
      bondholders which must consent to any such  amendments  or  abrogations,
      and the manner in which such consent may be given;
        (h)  the  creation  of special funds into which any revenues or monies
      may be deposited;
        (i) the  terms  and  provisions  of  any  trust,  mortgage,  deed,  or
      indenture securing the bonds under which the bonds may be issued;
        (j)  vesting in a trustee or trustees such properties, rights, powers,
      and duties in trust as the corporation may determine, which may  include
      any  or  all of the rights, powers, and duties of the trustees appointed
      by the bondholders pursuant  to  this  title  or  limiting  the  rights,
      duties, and powers of such trustee;
        (k)  defining  the  acts  or  omissions  to act which may constitute a
      default in  the  obligations  and  duties  of  the  corporation  to  the
      bondholders and providing for the rights and remedies of the bondholders
      in  the  event  of  such  default,  including,  as  a  matter  of right,
      appointment of a receiver;  provided,  however,  that  such  rights  and
      remedies  shall  not  be inconsistent with the general laws of the state
      and other provisions of this title;
        (l) limitations on the power of the corporation to sell  or  otherwise
      dispose of any project or any part of such project or other property;
        (m)  limitations  on  the  amount  of  revenues and other monies to be
      expended  on  operating,  administrative,  or  other  expenses  of   the
      corporation;
        (n)  the  payment of the proceeds of bonds, revenues, and other monies
      to a trustee or other depository, and for the method of disbursement  of
      such  payments  with such safeguards and restrictions as the corporation
      may determine; and
        (o) any other matters of like or different character which in any  way
      affect  the  security  or  protection  of  the  bonds  or the rights and
      remedies of the bondholders.
        6. In addition  to  the  powers  conferred  in  this  title  upon  the
      corporation to secure its bonds, the corporation shall have the power in
      connection  with  the  issuance  of bonds to adopt resolutions and enter
      into such trust indentures, agreements,  or  other  instruments  as  the
      corporation  may deem necessary, convenient, or desirable concerning the
      use or  disposition  of  its  revenues  or  other  monies  or  property,
      including  the  mortgaging of any property and the entrusting, pledging,
      or creation of any other security interest in any such revenues, monies,
      or property, and the doing of any act,  including  refraining  from  the
      doing  of  any  act, which the corporation would have the right to do in
      the absence of such resolutions, trust indentures, agreements, or  other
      instruments.  The  corporation shall have power to enter into amendments
      of  any  such  resolutions,  trust  indentures,  agreements,  or   other
      instruments  within  the powers granted to the corporation by this title
      and to perform such resolutions, trust indentures, agreements, or  other
      instruments.  The  provisions of any such resolutions, trust indentures,
    
      agreements, or other instruments may be made a part of the contract with
      the holders of bonds of the corporation.
        7.  Any  provision  of  the  uniform  commercial  code to the contrary
      notwithstanding, any pledge of or other security interest  in  revenues,
      monies,   accounts,  contract  rights,  general  intangibles,  or  other
      personal property made or created by the  corporation  shall  be  valid,
      binding,  and  perfected from the time when such pledge is made or other
      security  interest  attaches,  without  any  physical  delivery  of  the
      collateral  or  further  act,  and  the lien of any such pledge or other
      security interest shall be valid, binding,  and  perfected  against  all
      parties  having  claims  of  any  kind  in  tort, contract, or otherwise
      against the corporation irrespective of whether or not such parties have
      notice of such pledge or security interest. No instrument by which  such
      a  pledge  or  security  interest is created nor any financing statement
      need be recorded or filed.
        8. Whether or not the bonds of the corporation are of  such  form  and
      character as to be negotiable instruments under the terms of the uniform
      commercial code, the bonds are hereby made negotiable instruments within
      the  meaning of and for all the purposes of the uniform commercial code,
      subject only to the provisions of the bonds for registration.
        9. Neither the directors nor the non-voting  representatives  nor  the
      officers  of the corporation nor any person executing its bonds shall be
      liable personally on its bonds or be subject to any  personal  liability
      or accountability by reason of the issuance thereof.
        10. Subject to such agreements with bondholders as may then exist, the
      corporation  shall  have  power  out  of any funds available therefor to
      purchase bonds of the corporation, in lieu of redemption, at a price not
      exceeding, if the bonds are then redeemable, the redemption  price  then
      applicable  plus accrued interest to the next interest payment date, or,
      if the bonds are not then redeemable, the redemption price applicable on
      the first date after such purchase upon which the bonds  become  subject
      to  redemption  plus accrued interest to the next interest payment date.
      Bonds so purchased shall thereupon be canceled.
        11. The corporation shall have power and is hereby authorized to issue
      negotiable  bond  anticipation  notes  in  conformity  with   applicable
      provisions  of  the  uniform commercial code and may renew the same from
      time to time, but the maximum maturity  of  any  such  notes,  including
      renewals  thereof, shall not exceed five years from the date of issue of
      such original notes.