Section 1199-II. Bonds of the authority  


Latest version.
  • 1. The authority shall have the
      power and is hereby authorized from time  to  time  to  issue  bonds  in
      conformance  with  the  applicable  provisions of the uniform commercial
      code in such principal amounts as it may determine to  be  necessary  to
      pay  the  cost  of  any  project  or  for  any  other corporate purpose,
      including incidental expenses in  connection  therewith.  The  authority
      shall  have  power from time to time to refund any bonds 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. Bonds issued by the authority shall be
      special obligations payable solely out of particular revenues  or  other
      moneys  as  may  be designated in the proceedings of the authority under
      which the bonds shall be authorized to be issued, subject  only  to  any
      agreements with the holders of outstanding bonds pledging any particular
      revenues, earnings or moneys.
        2. The authority is authorized to obtain from any insurer or financial
      institution  any  insurance, guaranty or other credit support device, to
      the extent now or hereafter available, as to,  or  for  the  payment  or
      repayment of interest or principal, or both, or any part thereof, on any
      bonds  issued  by  the  authority  and  to  enter  into any agreement or
      contract with respect to any such insurance, guaranty  or  other  credit
      support  device,  except  to  the  extent that the same would in any way
      impair or interfere with the ability of the  authority  to  perform  and
      fulfill  the terms of any agreement made with the holders of outstanding
      bonds of the authority.
        3. Bonds shall be authorized by resolution of  the  authority,  be  in
      such  denominations,  bear such date or dates and mature at such time or
      times as such resolution may provide, except that bonds and any renewals
      thereof shall mature within forty years of the date  of  their  original
      issuance  and  notes  and  any  renewal thereof shall mature within five
      years of the date of  their  original  issuance.  Such  bonds  shall  be
      subject to such terms of redemption, bear interest at such rate or rates
      per  annum,  which  may  vary  from time to time, as may be necessary to
      effect the sale thereof and shall be payable at such time,  be  in  such
      form,  carry  such  registration privileges, be executed in such manner,
      shall be subject to tender to the authority, with or without  extinction
      or  cancellation,  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. Bonds may be sold at public or private sale for such price
      or prices as the authority shall determine, provided that  no  issue  of
      bonds  of the authority, other than obligations designated as notes, may
      be sold by the authority at private sale unless such sale and the  terms
      thereof  have  been  approved  in writing by the comptroller, where such
      sale is not to be to such comptroller, or by the state director  of  the
      budget, where such sale is to be to the comptroller.
        4.  Any  resolution  or  resolutions authorizing bonds or any issue of
      bonds 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 its revenues, together with any other
      moneys, securities, contracts or property, to secure the payment of  the
      bonds, subject to such agreements with holders of bonds or notes as then
      may 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, fees and other charges to be fixed and collected by the
      authority  and the amount to be raised in each year thereby, and the use
      and disposition of revenues;
        (e) limitations on the right of the authority to restrict and regulate
      the use of the project or part hereof 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  thereto, and the manner in which such
      consent may be given;
        (h) the creation of special funds into which any  revenues  or  moneys
      may be deposited;
        (i) the terms and provisions of any trust, deed, mortgage 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 authority may determine which may include any
      or all of the rights, powers and duties of the trustee appointed by  the
      bondholders  pursuant  to  section eleven hundred ninety-nine-jj of this
      title and limiting or  abrogating  the  rights  of  the  bondholders  to
      appoint  a trustee under such section 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  authority  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  the
      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 authority to sell or otherwise
      dispose of any project or any part thereof;
        (m) limitations on the amount of  revenues  and  other  moneys  to  be
      expended   for  operating,  administrative  or  other  expenses  of  the
      authority;
        (n) the payment of the proceeds of bonds, revenues and other moneys to
      a trustee or other  depository,  and  for  the  method  of  disbursement
      thereof  with  such  safeguards  and  restrictions  as the authority may
      determine; and
        (o) any other matters of like or different character which may in  any
      way  affect  the  security  or protection of the bonds or the rights and
      remedies of bondholders.
        5. In addition to the powers herein conferred upon  the  authority  to
      secure  its bonds, the authority shall have power in connection with the
      issuance of bonds to enter into such agreements  as  the  authority  may
      deem   necessary,   convenient   or  desirable  concerning  the  use  or
      disposition of its revenues or other moneys or property,  including  the
      mortgaging  of  any  of  its  properties and the entrusting, pledging or
      creation of any other security interest in any such revenues, moneys  or
      properties and the doing of any act (including refraining from doing any
      act)  which  the  authority  would  have  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 bonds
      of the authority.
    
        6. Any provision of  the  uniform  commercial  code  to  the  contrary
      notwithstanding,  any  pledge of or other security interest in revenues,
      moneys, accounts, contract rights, general intangibles or other personal
      property made or created by the authority shall be  valid,  binding  and
      perfected  from  the time 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  authority  irrespective
      of  whether  or  not  such parties have notice thereof. No instrument by
      which such a pledge or security interest is created  nor  any  financing
      statement need be recorded or filed.
        7.  Whether  or  not the bonds 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.
        8. Neither the members of the authority nor any person executing bonds
      shall be liable  personally  thereon  or  be  subject  to  any  personal
      liability or accountability by reason of the issuance thereof.
        9.  The authority, subject to such agreements with bondholders as then
      may exist, shall have power out of  any  moneys  available  therefor  to
      purchase bonds of the authority, which shall thereupon be cancelled at a
      price not exceeding (i) if the bonds are then redeemable, the redemption
      price then applicable plus accrued interest to the next interest payment
      date,  or  (ii)  if  the  bonds are not redeemable then redemption price
      applicable on the first date after such purchase upon  which  the  bonds
      become  subject to redemption, plus accrued interest to interest payment
      date.
        * NB There are 2 § 1199-ii's