Section 381. Further additional powers of the authority  


Latest version.
  • 1. The authority is
      hereby  authorized,  as  additional  corporate  purposes thereof: (a) to
      issue bonds and notes and to incur obligations secured by the moneys  as
      provided  in  the  service  contracts  authorized  pursuant  to  section
      fourteen of the chapter of the laws of nineteen hundred ninety-one which
      enacted this section; and (b) to make available the  proceeds  from  the
      sale  of  such  bonds  and  notes,  net of all costs to the authority in
      connection therewith, to provide moneys to the authority to achieve  the
      same corporate purposes as set forth in section three hundred sixty-five
      of  this  chapter.  The  authority  is  further authorized to issue such
      obligations in an  aggregate  principal  amount  not  to  exceed  eighty
      million  dollars,  exclusive  of the principal amount of bonds, notes or
      other obligations issued and  applied  (1)  to  fund  any  related  debt
      service  fund,  or  other reserve funds as may be needed, (2) to provide
      capitalized interest, and (3) to provide  fees  and  other  charges  and
      expenses,  including  underwriters'  discount  and  the  purchase of any
      credit or liquidity enhancement facilities, related to the  issuance  of
      bonds,  notes or other obligations and the maintenance of such reserves,
      all as determined by the authority and excluding bonds, notes  or  other
      obligations  issued  to  refund or otherwise repay bonds, notes or other
      obligations theretofore issued pursuant to this  section.  In  computing
      the total principal amount of bonds, notes or other obligations that may
      at  any time be issued for any purpose under this section, the amount of
      the outstanding bonds,  notes  or  other  obligations  that  constitutes
      interest  under  the  United  States  Internal  Revenue Code of 1986, as
      amended to the effective  date  of  this  section,  shall  be  excluded.
      Provided,  however,  that  upon  any  refunding  or repayment, except in
      connection with the termination of the existence of the authority or  if
      otherwise  authorized  by the legislature, the total aggregate principal
      amount of outstanding bonds, notes or other obligations may  be  greater
      than  the amount authorized by this section only if the present value of
      the aggregate debt service of the refunding or repayment bonds, notes or
      other obligations to be issued shall not exceed the present value of the
      aggregate debt service of the bonds, notes or other obligations so to be
      refunded or repaid. For purposes of this section, the present values  of
      the aggregate debt service of the refunding or repayment bonds, notes or
      other  obligations and of the aggregate debt service of the bonds, notes
      or other obligations so refunded  or  repaid,  shall  be  calculated  by
      utilizing  the  effective  interest  rate  of the refunding or repayment
      bonds, notes or other obligations, which shall be that rate  arrived  at
      by  doubling  the  semi-annual  interest rate (compounded semi-annually)
      necessary to discount the debt service  payments  on  the  refunding  or
      repayment  bonds,  notes  or  other  obligations  from the payment dates
      thereof to the date of issue of the refunding or repayment bonds,  notes
      or  other  obligations  and to the price bid including estimated accrued
      interest or proceeds  received  by  the  authority  including  estimated
      accrued interest from the sale thereof.
        2.  Such  obligations  shall  be  special  limited  obligations of the
      authority, secured by  and  payable  solely  out  of  payments  received
      pursuant to service contract or contracts authorized by section fourteen
      of  the chapter of the laws of nineteen hundred ninety-one which enacted
      this section, funded by amounts appropriated by the legislature and  any
      other  funds  appropriated by the legislature to the authority therefor,
      without recourse against any other assets, revenues or funds of or other
      payments due to the authority.
        3. Such obligations shall contain on the face thereof a  statement  to
      the  effect  that  they  shall  not be deemed to be an obligation of the
      state and that the state shall not be liable thereon.
    
        4. Such obligations shall be scheduled to mature over a  term  not  to
      exceed thirty years.
        5. All the provisions of this title relating to bonds and notes, which
      are not inconsistent with the provisions of this section, shall apply to
      obligations  authorized  by this section, including, but not limited to,
      the power to issue renewal notes or refunding bonds thereof.