Section 1299-KK. Notes and bonds of the authority  


Latest version.
  • 1. (a) The authority
      shall have power and is hereby authorized from time to  time  to  borrow
      money and issue its negotiable bonds and notes in such principal amount,
      as,  in  the  opinion  of  the  authority, shall be necessary to provide
      sufficient funds for achieving its purposes, including the  acquisition,
      establishment,   construction,   effectuation,  operation,  maintenance,
      renovation, improvement,  extension  or  repair  of  any  transportation
      facility,  the  payment of interest on bonds and notes of the authority,
      establishment of reserves to secure such bonds and notes, the  provision
      of  working  capital and all other expenditures of the authority and its
      subsidiary corporations incident to and necessary or convenient to carry
      out their purposes and powers;
        (b) The authority shall have  power,  from  time  to  time,  to  issue
      renewal  notes,  to  issue  bonds  to  pay  notes  and whenever it deems
      refunding expedient, to refund any bonds by the issuance of  new  bonds,
      whether  the bonds to be refunded have or have not matured, and to issue
      bonds partly to refund bonds then outstanding and partly for  any  other
      purpose.  The  refunding bonds shall be sold and the proceeds applied to
      the purchase, redemption or payment of the bonds to be refunded;
        (c) Except as may otherwise be expressly provided  by  the  authority,
      every  issue  of  its notes or bonds shall be general obligations of the
      authority payable out of  any  revenues  or  moneys  of  the  authority,
      subject  only  to any agreements with the holders of particular notes or
      bonds pledging any particular receipts or revenues;
        (d) Whether or not the notes or bonds are of such form  and  character
      as  to  be  negotiable  instruments  under  article eight of the uniform
      commercial code, the notes  or  bonds  shall  be  and  hereby  are  made
      negotiable instruments within the meaning of and for all the purposes of
      article  eight  of  the  uniform  commercial  code,  subject only to the
      provisions of the notes or bonds for registration.
        2. The notes and bonds shall be authorized by resolution  approved  by
      not  less than a majority vote of the authority, shall bear such date or
      dates, and shall mature at such time or times, as specified therein, and
      in the case of any such bond not exceeding fifty years from the date  of
      issue,  as  such  resolution  or  resolutions may provide. The notes and
      bonds  shall  bear  interest  at  such  rate  or  rates,  be   in   such
      denominations,  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
      of redemption as such resolution or resolutions may provide.  The  notes
      and  bonds  of  the authority may be sold by the authority, at public or
      private sale, at such price or prices as the authority shall  determine.
      No  notes  or  bonds  of  the  authority may be sold by the authority at
      private sale, however, unless such sale and the terms thereof have  been
      approved  in  writing  by (a) the comptroller, where such sale is not to
      the comptroller, or (b) the director of the budget, where such  sale  is
      to the comptroller.
        3. Any resolution or resolutions authorizing any notes or bonds or any
      issue  thereof  may  contain  provisions,  which  shall be a part of the
      contract with the holders thereof, as to:
        (a) pledging all or any part of  the  fares,  tolls,  rentals,  rates,
      charges  and  other fees made or received by the authority or any of its
      subsidiary corporations, and other moneys received or to be received, to
      secure the payment of the notes  or  bonds  or  of  any  issue  thereof,
      subject  to  such agreements with bondholders or noteholders as may then
      exist;
        (b) pledging all or any part of the assets of the authority or of  any
      of  its  subsidiary  corporations  to secure the payment of the notes or
    
      bonds or of any issue of notes or bonds, subject to such agreements with
      noteholders or bondholders as may then exist;
        (c)  the use, and disposition of fares, tolls, rentals, rates, charges
      and other fees  made  or  received  by  the  authority  or  any  of  its
      subsidiary corporations;
        (d)  the setting aside of reserves or sinking funds and the regulation
      and disposition thereof;
        (e) limitations on the purpose to which the proceeds of sale of  notes
      or bonds may be applied and pledging such proceeds to secure the payment
      of the notes or bonds or of any issue thereof;
        (f)  limitations  on  the  issuance  of additional notes or bonds; the
      terms upon which additional notes or bonds may be  issued  and  secured;
      the refunding of outstanding or other notes or bonds;
        (g)  the  procedure,  if  any, by which the terms of any contract with
      noteholders or bondholders may be amended or abrogated,  the  amount  of
      notes or bonds the holders of which must consent thereto, and the manner
      in which such consent may be given;
        (h)  limitations  on  the  amount  of  moneys  to  be  expended by the
      authority  or  any  of  its  subsidiary  corporations   for   operating,
      administrative  or  other  expenses  of  the  authority  or  any  of its
      subsidiary corporations;
        (i) vesting in a trustee or trustees such property, rights, powers and
      duties in trust as the authority may determine, which may include any or
      all of the rights, powers and duties of the  trustee  appointed  by  the
      bondholders pursuant to this title, and limiting or abrogating the right
      of  the  bondholders to appoint a trustee under this article or limiting
      the rights, powers and duties of such trustee;
        (j) any other matters, of like or different character,  which  in  any
      way affect the security or protection of the notes or bonds.
        4.  In  addition  to the powers herein conferred upon the authority to
      secure its notes and bonds, the authority shall have power in connection
      with the issuance of notes and bonds to enter into  such  agreements  as
      the authority may deem necessary, convenient or desirable concerning the
      use  or  disposition of its monies or property or the monies or property
      of any of its subsidiary corporations, including the mortgaging  of  any
      such  property  and  the  entrusting,  pledging or creation of any other
      security interest in any such monies or property and the  doing  of  any
      act  (including refraining from doing any act) which the authority would
      have the right to do in the absence of such  agreements.  The  authority
      shall  have power to enter into amendments of any such agreements within
      the powers granted to the authority by this title and  to  perform  such
      agreements.  The provisions of any such agreements may be made a part of
      the contract with the holders of the notes and bonds of the authority.
        5. It is the intention hereof that any pledge,  mortgage  or  security
      instrument  made  by  the  authority shall be valid and binding from the
      time when the pledge, mortgage or security instrument is made; that  the
      monies  or  property  so pledged, mortgaged and entrusted and thereafter
      received by the authority shall immediately be subject to  the  lien  of
      such  pledge,  mortgage  or  security  instrument  without  any physical
      delivery thereof or further act; and that the lien of any  such  pledge,
      mortgage  or  security  instrument 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 mortgage, security instrument or
      other instrument by which a pledge, mortgage lien or other  security  is
      created  need  be  recorded  or  filed  and  the  authority shall not be
      required to comply with any of the provisions of the uniform  commercial
      code.
    
        6.  Neither  the members of the authority nor any person executing the
      notes or bonds shall be liable personally on the notes or  bonds  or  be
      subject  to  any  personal  liability or accountability by reason of the
      issuance thereof.
        7.  The  authority,  subject  to  such  agreements with noteholders or
      bondholders as may then  exist,  shall  have  power  out  of  any  funds
      available  therefor  to  purchase notes or bonds of the authority, which
      shall thereupon be cancelled, at a price not exceeding (a) if the  notes
      or  bonds are then redeemable, the redemption price then applicable plus
      accrued interest to the next interest payment date thereon,  or  (b)  if
      the  notes  or  bonds  are  not  then  redeemable,  the redemption price
      applicable on the first date after such purchase upon which the notes or
      bonds become subject to redemption plus accrued interest to such date.
        8. The state shall not be liable on notes or bonds  of  the  authority
      and  such  notes  and  bonds  shall not be a debt of the state, and such
      notes and bonds shall contain on the face thereof a  statement  to  such
      effect.