Section 1207-B. Issuance of bonds and notes by the authority  


Latest version.
  • 1.
      Notwithstanding the provisions of sections twelve hundred through twelve
      hundred twenty-one, inclusive, of this title or of any other  provisions
      of  law to the contrary, but subject to the provisions of section twelve
      hundred seven-j of this title, the authority shall have the power and is
      hereby authorized to borrow money and  to  issue  negotiable  bonds  and
      notes  therefor  in conformity with applicable provisions of the uniform
      commercial code in such principal amount  as,  in  the  opinion  of  the
      authority,  shall  be  necessary  to provide funds sufficient to pay the
      purchase price of no more than seven hundred twenty-four  cars  for  the
      rapid  transit  lines  under the jurisdiction of the authority purchased
      pursuant to section  twelve  hundred  seven-a  of  this  title,  to  pay
      interest  on the bonds and notes of the authority, to establish reserves
      to secure such bonds and notes, and to pay all other expenditures of the
      authority incident to or incurred in connection  with  the  purchase  of
      such  cars  and  the  authorization, issuance and sale of said bonds and
      notes. In no event shall there be outstanding at any one time more  than
      ninety-two million dollars ($92,000,000) in such bonds and notes.
        1-a.   The  authority  may  also  issue  its  bonds,  notes  or  other
      obligations in such principal amounts as shall be necessary  to  finance
      the  construction,  purchase,  lease  or  acquisition  of,  or an equity
      interest in, an office building located or  to  be  constructed  in  the
      borough  of  Brooklyn in the city, provided that (i) all or a portion of
      such building is intended to be occupied by the authority and  that  the
      board  shall,  by  resolution,  have  made  findings that the sum of the
      capitalized value of all payments due  from  the  authority  under  such
      bonds,   notes   or   other   obligations  (not  including  any  amounts
      attributable to principal repayment) together with any rent payments for
      the space in such building to be occupied by the authority  and  of  all
      payments  required of the authority under any related agreement does not
      exceed the capitalized value of those payments which would be made in  a
      conventional  commercial  lease transaction for comparable space with an
      unrelated party and (ii) not more than an insubstantial portion  of  any
      real  property  so  financed with the proceeds of bonds, notes, or other
      obligations is  utilized  by  other  than  the  New  York  city  transit
      authority or its designated subsidiary. The term "capitalized value" for
      the  purposes  of  this  subdivision shall be computed in the manner set
      forth in subdivision four of section  twelve  hundred  seven-m  of  this
      title.  The metropolitan transportation authority is hereby additionally
      authorized from time  to  time  to  issue  bonds  for  the  purposes  of
      refunding,  redeeming  or otherwise paying, including paying by purchase
      or tender, bonds issued by the authority for such purposes and to secure
      such bonds in the manner set forth in section twelve hundred  sixty-nine
      of this article.
        2. The authority shall have the power from time to time to renew notes
      or to issue renewal notes for such purpose, to issue bonds to pay notes,
      and  whenever  it  deems  refunding  expedient,  to  refund bonds by the
      issuance of new bonds and to issue bonds  partly  to  refund  bonds  and
      notes  then  outstanding  and  partly  for  the  purposes  authorized by
      subdivision one of this section. The refunding bonds  may  be  exchanged
      for  bonds  to be refunded, with such cash adjustments as may be agreed,
      or may be sold and the proceeds applied to the purchase  or  payment  of
      the  bonds  to  be  refunded. In no event shall the maturity date of the
      refunding bonds be a date beyond thirty-five years  from  the  date  the
      first bond was issued.
        3.  Every  issue  of bonds and notes of the authority shall be special
      obligations of the authority payable solely from the moneys and revenues
      of the authority derived from the operation of  the  transit  facilities
    
      under  its  jurisdiction,  subject  to any agreement with the holders of
      particular bonds or notes pledging any particular moneys or revenues.
        4.  The  bonds  and  notes  shall  be  authorized by resolution of the
      authority and shall bear such date or dates and  shall  mature  at  such
      time or times as such resolution or resolutions may provide, except that
      no  note  or any renewal thereof shall mature more than five years after
      the date of issue of the original note and no  bond  shall  mature  more
      than  thirty-five  years  from  the date of issue. Bonds and notes 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 and to such other terms and conditions as such resolution  or
      resolutions  may  provide.  The bonds and notes may be sold at public or
      private sale for such price or prices as the authority shall  determine.
      Pending preparation of definitive bonds, the authority may issue interim
      receipts which shall be exchanged for such bonds.
        5. Any resolution or resolutions authorizing any bonds or notes or any
      issue of bonds or notes may contain provisions, which shall be a part of
      the contract with the holders of the bonds, or notes thereby authorized,
      as to
        (a)  pledging  all  or any part of the revenues or other monies of the
      authority to secure the payment of the bonds or notes or of any issue of
      the bonds or notes, subject  to  such  agreements  with  bondholders  or
      noteholders as may then exist;
        (b)  the  rate  or  rates  of fare to be charged and the amounts to be
      raised in each year from revenues and the use  and  disposition  of  the
      revenues;
        (c) the setting aside of reserves or sinking funds, and the regulation
      and disposition thereof;
        (d) limitations on the rights of the authority with respect to the use
      and disposition of the cars for which such bonds or notes are issued and
      with respect to all other transit facilities of the authority;
        (e)  limitations  on  the purpose to which the proceeds of sale of any
      issue of bonds or notes then or thereafter to be issued may  be  applied
      and  pledging  such proceeds to secure the payment of the bonds or notes
      or of any issue of the bonds or notes;
        (f) limitations on the issuance of additional  bonds  and  notes;  the
      terms  upon  which additional bonds and notes may be issued and secured,
      and the funding or refunding of outstanding or other bonds and notes;
        (g) the procedure, if any, by which the terms  of  any  contract  with
      bondholders  or  noteholders  may be amended or abrogated, the amount of
      bonds or notes the holders of which must consent thereto, and the manner
      in which such consent may be given;
        (h) 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  or  noteholders  pursuant to section twelve hundred seven-h
      hereof, and limiting or abrogating  the  right  of  the  bondholders  to
      appoint  a  trustee  under  section  twelve  hundred  seven-h hereof, or
      limiting the rights, duties and powers of such trustee;
        (i) defining the acts or omissions to act  which  shall  constitute  a
      default  in  the duties of the authority to the holders of its bonds and
      notes and providing the rights and remedies of such holders in the event
      of default;
        (j) any other matters, of like or different character,  which  in  any
      way affect the security or protection of the bonds and notes.
    
        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 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 board nor any person executing the bonds
      or  notes shall be liable personally on the bonds or notes or be subject
      to any personal liability or accountability by reason  of  the  issuance
      thereof.
        8.  Subject  to such agreements with bondholders or noteholders as may
      then exist, the authority shall have power out of  any  funds  available
      therefor  to  purchase bonds or notes. The authority may hold, cancel or
      resell  such  bonds  and  notes,  subject  to  and  in  accordance  with
      agreements with bondholders and noteholders.