Section 1199-HH. 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 water project or projects or for any other corporate
      purposes,  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 of the authority as may be designated in the proceedings
      of the authority under which the bonds shall be authorized to be issued,
      subject to any agreements with the holders of outstanding bonds pledging
      particular revenues or moneys.
        2. The authority is authorized to obtain from any department or agency
      of the United States of America or the state or nongovernmental  insurer
      or  financial  institution  any  insurance,  guaranty,  or  other credit
      enhancement arrangement, 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 or notes issued by the  authority  and
      to  enter  into  any  agreement  or  contract  with  respect to any such
      insurance, guaranty or credit enhancement  arrangement,  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 the bonds or notes of the authority.
        3.  Bonds  shall be authorized by resolution of the authority, and may
      be in such denominations and 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 renewals 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,  which  may vary from time to time, as may be necessary to effect
      the sale thereof and shall be payable at such times, be  in  such  form,
      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.
      Bonds may be sold at public sale or at private sale for  such  price  or
      prices as the authority shall determine, provided that no issue of bonds
      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 the comptroller, or by the state director of the
      budget, where such sale is to be to the comptroller.
        Any bonds or other  obligations  issued  by  the  Wayne  county  water
      authority shall be continued as an obligation by the authority.
        4.  Any  resolution  or  resolutions authorizing bonds or any issue of
      bonds by the authority may contain provisions which may be 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 of the  authority,  to  secure
      the  payment  of  the bonds, including but not limited to any contracts,
      earnings or proceeds of any grant to the  authority  received  from  any
      private or public source, subject to such agreements with bondholders as
      may then exist;
        (b)  the  rates,  rentals,  fees  and  other  charges  to be fixed and
      collected by the authority and the amounts to be  raised  in  each  year
      thereby, and the use and disposition of revenues;
    
        (c)  the  setting  aside of reserves and the creation of sinking funds
      and the regulation and disposition thereof;
        (d)  limitations on the purpose to which the proceeds from the sale of
      bonds may be applied;
        (e) limitations on the right of the authority to restrict and regulate
      the use of any water 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  thereto, and the manner in which such
      consent may be given;
        (h) the creation of special funds into which  any  revenues  or  other
      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   one   thousand   one   hundred
      ninety-nine-ii  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 water facility or any part thereof or other property;
        (m)  limitations  on  the  amount  of  revenues and other moneys to be
      expended  for  operating,  administrative  or  other  expenses  of   the
      authority;
        (n)  the  protection and enforcement of the rights and remedies of the
      bondholders;
        (o) the obligations of the authority in relation to the  construction,
      maintenance,  operation,  repairs  and  insurance of its properties, the
      safeguarding and application of all moneys and as  to  the  requirements
      for  the  supervision and approval of consulting engineers in connection
      with construction, reconstruction and operation;
        (p) 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
        (q) 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 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
      remarketing  agreements  or  other similar agreements for the bonds, the
      mortgaging of any property and the entrusting, pledging or  creation  of
    
      any  other  security  interest in any such revenues, moneys, 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  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 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  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 of the authority 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 purposes  of  the  uniform  commercial  code,
      subject only to the provisions of the bonds for registration.
        8.  Neither  the  members  nor  the  officers 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 in lieu of redemption, at  a  price  not
      exceeding:
        (a)  if  the  bonds  are  then  redeemable,  the redemption price then
      applicable, plus accrued interest to the next interest payment date;
        (b) if the bonds are not then redeemable, the  redemption  price  then
      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.
        10.  The  authority 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  note,  including
      renewals  thereof, shall not exceed five years from the date of issue of
      such original note. Such notes shall be paid  from  any  moneys  of  the
      authority  available  therefor  and  not  otherwise  pledged or from the
      proceeds of sale of the bonds of the authority in anticipation of  which
      they  were issued. The notes shall be issued in the same manner as bonds
      and such notes and the resolution or resolutions  authorizing  the  same
      may contain any provisions, conditions or limitations which the bonds or
      bond  resolution of the authority may contain. Such notes may be sold at
      public sale or, upon the  approval  of  the  comptroller  of  the  terms
      thereof, at private sale. Such notes shall be as fully negotiable as the
      bonds of the authority.
        * NB There are 2 § 1199-hh's