Section 706. Bonds of the authority  


Latest version.
  • 1. The authority shall have power and
      is hereby authorized from time to time to issue its negotiable bonds  in
      conformity  with applicable provisions of the uniform commercial code in
      such amount as may be necessary to  pay  the  cost  of  the  bridge  and
      approach  roads  herein  authorized  and the cost of all land, property,
      rights, easements and franchises deemed necessary for  the  construction
      thereof,  and  to  pay interest prior to and during construction and for
      one year after completion of construction, the  purchase  price  of  the
      ferry  or  ferries  authorized  to  be  acquired,  the  repayment of any
      advances or appropriations  made  by  the  state  of  New  York  to  the
      authority and such other expenses as may be deemed necessary or incident
      to  the  financing  and  to  the construction of the bridge and approach
      roads, and to placing the same in operation.
        2. The authority shall have power and is hereby authorized  from  time
      to  time  to  issue  its  negotiable bonds in conformity with applicable
      provisions of the uniform commercial code for the purpose  of  refunding
      bonds  of  the authority theretofore issued, but the aggregate principal
      amount of such refunding bonds shall not exceed the aggregate  principal
      amount  of  the  bonds  to  be  refunded  and  the amount of the accrued
      interest and the premium required to be paid upon such bonds  by  reason
      of redemption before maturity.
        3.  The  bonds  shall  be  authorized by resolution of the board.  The
      bonds shall be dated, shall bear interest at  such  rate  or  rates  not
      exceeding  six  per centum per annum, shall mature at such time or times
      all as may be determined by the authority and  may  be  made  redeemable
      before maturity, at the option of the authority, at such price or prices
      and  under  such  terms  and conditions as may be fixed by the authority
      prior to the issuance of the bonds. The authority  shall  determine  the
      form  and  the  manner of execution of the bonds, including any interest
      coupons to be attached  thereto,  and  shall  fix  the  denomination  or
      denominations  of  the  bonds  and  the  place  or  places of payment of
      principal and interest, which may be at any bank or trust company within
      or without the state. In case any officer whose signature or a facsimile
      of whose signature shall appear on any bonds or coupons shall  cease  to
      be  such  officer  before  the delivery of such bonds, such signature or
      such facsimile shall  nevertheless  be  valid  and  sufficient  for  all
      purposes  the  same as if he had remained in office until such delivery,
      and any bond may bear the facsimile signature of, or may be  signed  by,
      such person as at the actual time of the execution of such bond shall be
      duly authorized to sign such bond although at the date of such bond such
      person may not have been such officer. The bonds may be issued in coupon
      form  or  in  registered form or both coupon form and registered form as
      the authority may determine, and provisions may be made by the authority
      for the registration of any coupon bond as to principal alone  and  also
      as  to  both  principal  and  interest, for the reconversion into coupon
      bonds of any bonds registered as to both principal and interest, and for
      the exchange of either coupon bonds or registered bonds without  coupons
      for  an  equal  aggregate  principal  amount  of  other  coupon bonds or
      registered  bonds  without  coupons  or  both  of  any  denomination  or
      denominations.    Notwithstanding  any other provisions of this title or
      any recitals in the bonds issued under the provisions of this title, all
      such bonds shall be deemed to be negotiable instruments under  the  laws
      of  the  state  of New York. The authority may sell such bonds at public
      sale, to the bidders who shall offer the lowest  interest  cost  to  the
      authority,  at  such  a  price,  not less than ninety-five per centum of
      their value, that the interest cost to maturity for the  money  received
      for  any  issue of such bonds shall not exceed six per centum per annum.
      Prior to the preparation of definitive bonds, the authority  may,  under
    
      like  restrictions,  issue  interim receipts or temporary bonds, with or
      without coupons, exchangeable for definitive bonds when such bonds shall
      have been executed and are available for  delivery.  The  authority  may
      also  provide  for  the  replacement  of  any  bonds  which shall become
      mutilated or shall be destroyed or lost. Bonds  may  be  issued  by  the
      authority   under  the  provisions  of  this  title  without  any  other
      proceedings or the happenings of any other  conditions  or  things  than
      those  proceedings, conditions or things which are specifically required
      by this title.
        4. Any resolution or resolutions authorizing  any  bonds  may  contain
      provisions,  which  shall  be a part of the contract with the holders of
      the bonds thereby authorized, as to
        (a) pledging the tolls and revenues of the  authority  to  secure  the
      payment of the bonds;
        (b)  the  rates  of the tolls to be charged for use of the bridge, the
      amounts to be raised in each year by tolls, and the use and  disposition
      of the tolls and other revenues;
        (c) the setting aside of reserves or sinking funds, and the regulation
      and disposition thereof;
        (d)  limitations  on  the  rights  of  the  authority  to restrict and
      regulate the use of the bridge;
        (e) limitations on the purpose to which the proceeds of  sale  of  any
      issue of bonds then or thereafter to be issued may be applied;
        (f) limitations on the issuance of additional bonds;
        (g)  the  procedure,  if  any, by which the terms of any contract with
      bondholders may be amended or abrogated, the amount of bonds the holders
      of which must consent thereto, and the manner in which such consent  may
      be given; and
        (h)  any  other  matters, of like or different character, which in any
      way affect the security or protection of the bonds.
        5. In the discretion of the authority, the bonds may be secured  by  a
      trust  indenture  by  and between the authority and a corporate trustee,
      which may be any trust company or bank having  the  powers  of  a  trust
      company  in the state of New York. Such trust indenture may contain such
      provisions for protecting and enforcing the rights and remedies  of  the
      bondholders as may be reasonable and proper and not in violation of law,
      including  covenants  setting  forth  the  duties  of  the  authority in
      relation  to  the  construction,  maintenance,  operation,  repair   and
      insurance  of  the  bridge  and  the  ferry or ferries, and the custody,
      safeguarding and application of all moneys, and  may  provide  that  the
      bridge  and  approach  roads shall be constructed and paid for under the
      supervision and approval of consulting  engineers.  Notwithstanding  any
      other  provisions of this title, the authority may provide by such trust
      indenture for the payment of the proceeds of the bonds and the  revenues
      of  the  bridge and the ferry or ferries to the trustee under such trust
      indenture or other  depository,  and  for  the  method  of  disbursement
      thereof,  with such safeguards and restrictions as it may determine. All
      expenses incurred in carrying out such trust indenture may be treated as
      a part of the cost of maintenance, operation and repair of  the  bridge.
      If  the  bonds  shall  be  secured by a trust indenture, the bondholders
      shall have no authority to appoint a separate trustee to represent them,
      and the trustee under such trust indenture shall have  and  possess,  in
      addition  to  other  powers  granted by such trust indenture, all of the
      powers which are conferred by section seven hundred seven of this  title
      upon a trustee appointed by bondholders.
        6.  It  is  the  intention hereof that any pledge of revenues or other
      moneys made by the authority shall be valid and binding  from  the  time
      when  the  pledge  is  made;  that  the tolls or other revenues or other
    
      moneys so  pledged  and  thereafter  received  by  the  authority  shall
      immediately  be  subject to the lien of such pledge without any physical
      delivery thereof or further act, and that the lien of  any  such  pledge
      shall  be  valid and binding as against all parties having claims of any
      kind in tort, contract or otherwise against the authority,  irrespective
      of  whether such parties have notice thereof. Neither the resolution nor
      any other instrument by which a pledge is created need be recorded.
        7. Neither the members of the authority nor any person  executing  any
      bonds  shall  be  liable  personally  on  the bonds or be subject to any
      personal liability or accountability by reason of the issuance thereof.
        8. The authority shall have power out of any funds available  therefor
      to  purchase  any  of  the outstanding bonds at a cost not exceeding the
      redemption price of the bonds purchased as fixed by  the  resolution  of
      the  authority  which  authorized their issuance. All bonds so purchased
      shall be cancelled.
        9. No bonds shall be issued by the authority, except with the approval
      and consent of the comptroller of the  state  of  New  York,  until  and
      unless  assurance, by appropriate legislation, agreements, or otherwise,
      shall have been obtained that Canada, the province of  Ontario  and  the
      municipality  or  municipalities  in  which the Canadian terminal of the
      bridge is to be located will exempt  the  property  and  income  of  the
      authority from taxation so long as such bonds are outstanding.