Section 1388. Bonds of the authority  


Latest version.
  • 1. The authority shall have power and
      is hereby authorized from time to time  to  issue  negotiable  bonds  in
      conformity with applicable provisions of the uniform commercial code for
      any corporate purpose of the authority, including the paying, funding or
      refunding  of  any  notes  theretofore issued by the authority under the
      provisions of section thirteen hundred  eighty-nine  of  this  act.  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.  Except  as  may  be  otherwise
      expressly  provided by contract between the authority and the holders of
      its bonds, all bonds of  the  authority  shall  be  general  obligations
      payable  out of any moneys or revenues of the authority, subject only to
      any agreements with the holders of particular bonds the payment of which
      is secured by a pledge of particular moneys or revenues.
        2. Such bonds shall be authorized by resolution of the board and shall
      bear such date or dates, mature at such time  or  times,  not  exceeding
      forty  years  from their respective dates, bear interest at such rate or
      rates, not exceeding five per  centum  per  annum  payable  annually  or
      semi-annually,  be in such denominations, be in such form, either coupon
      or registered, carry such registration privileges, be executed  in  such
      manner,  be  payable  in lawful money of the United States of America at
      such place or places, and be subject to such terms of  redemption  prior
      to maturity, at par or a price not exceeding one hundred five per centum
      of  the  face value, as such resolution or resolutions may provide. Such
      bonds may be sold, with or without advertisement, in such manner as  the
      authority  shall  determine  by  resolution. If advertisement is made, a
      notice of sale shall be published at least once, not less than  ten  nor
      more  than  forty days before the date of sale, in a newspaper published
      and circulated in the city of Ogdensburg and in  a  financial  newspaper
      published  and  circulated in the city of New York and designated by the
      board. The notice shall call for the receipt of sealed  bids  and  shall
      fix  the date, time and place of sale. Bonds shall be sold at such price
      or prices as will yield to the purchasers income at a rate not exceeding
      five per centum per annum to the maturity dates of said bonds,  computed
      in accordance with standard tables of bond values.
        3.  Any  resolutions authorizing the issuance of 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  all  or  any  part  of  the gross or net revenues of the
      authority to secure the payment of the bonds, subject to such agreements
      with bondholders as may then exist;
        b. The rentals, fees and other charges to be charged for  the  use  of
      projects  of  the  authority,  and the amounts to be raised in each year
      thereby, and the use and disposition of revenues of the authority;
        c. The setting aside of reserves or sinking funds and  the  regulation
      and disposition thereof;
        d.  The  appointment  of  a  bank  or  banks or trust company or trust
      companies as trustee or trustees for the custody and disposition of  any
      moneys  of  the  authority, including the proceeds of any bonds or other
      obligations and any  revenues  or  income  of  the  authority,  and  the
      execution  of  any  trust  agreements or indentures with such trustee or
      trustees with such provisions as may be deemed necessary or desirable in
      connection with the custody  and  disposition  of  such  moneys  of  the
      authority and the rights and remedies of the holders of such bonds;
        e.  Limitations on the right of the authority to restrict and regulate
      the use of projects of the authority;
    
        f. Limitations of the purpose to which the proceeds of the sale of any
      issue of bonds then or thereafter to be issued may be applied;
        g.  Limitations  on  the  issuance  of additional bonds, including the
      terms upon which additional bonds may be issued and secured;
        h. 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 give consent thereto, and the manner in which such consent
      may be given; and
        i. Any other matters, of like or different character, which in any way
      affect the security or protection of the bonds.
        4.  Any pledge of revenues or other moneys made by the authority shall
      be valid and binding from the time when the pledge is made. The revenues
      or other moneys so pledged and  thereafter  received  by  the  authority
      shall  be  immediately  subject  to  the lien of such pledge without any
      physical delivery thereof or further act. 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.
        5.  Neither  the members of the authority nor any person executing the
      bonds shall be liable personally on the  bonds  or  be  subject  to  any
      personal  liability  by reason of the issuance thereof, excepting solely
      for things willfully done or willfully omitted to be done with an intent
      to defraud.
        6. The authority shall have power out of any funds available  therefor
      to  purchase  any  of its outstanding bonds at a price not more than the
      then redemption price of such bonds. All bonds  so  purchased  shall  be
      cancelled.
        7. Issuance by the authority of one or more series of bonds for one or
      more  purposes  in  connection  with  any  industrial  project shall not
      preclude it from  issuing  other  bonds  in  connection  with  the  same
      industrial  project or any other industrial project, but the proceedings
      whereunder any subsequent  bonds  may  be  issued  shall  recognize  and
      protect  any  prior pledge or mortgage made for any prior issue of bonds
      unless in the proceedings authorizing such  prior  issue  the  right  is
      reserved to issue subsequent bonds on a parity with such prior issue.