Section 1598-H. Bonds of the authority  


Latest version.
  • 1. The authority shall have the
      power and is hereby authorized from time to time to issue its negotiable
      bonds in conformity with applicable provisions of the uniform commercial
      code for any purpose mentioned in section fifteen hundred ninety-eight-c
      of this title, including the acquisition,  construction,  reconstruction
      and  repair  of  personal  and  real property of all kinds deemed by the
      board to be necessary or desirable to carry out such purpose, as well as
      to pay such expenses  as  may  be  deemed  by  the  board  necessary  or
      desirable  to  the financing thereof and placing the project or projects
      in operation in the aggregate principal amount of  not  exceeding  eight
      and  one-half million dollars outstanding at any one time. The authority
      shall have power from time to  time  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 may issue bonds
      partly to refund bonds then outstanding and partly for any other purpose
      hereinabove described. The refunding bonds  may  be  exchanged  for  the
      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  computing the total amount of bonds of the
      authority which may at  any  time  be  outstanding  the  amount  of  the
      outstanding  bonds  to  be refunded from the proceeds of the sale of new
      bonds or by exchange for new bonds shall be excluded.    Except  as  may
      otherwise  be  expressly  provided  by the authority, the bonds of every
      issue shall be general obligations of the authority payable out  of  any
      moneys or revenues of the authority, subject only to any agreements with
      the  holders  of  particular  bonds  pledging  any  particular moneys or
      revenues.
        2. The bonds shall be authorized by resolution of  the  authority  and
      shall  bear  such  date  or  dates,  mature  at  such time or times, not
      exceeding thirty years from their respective  dates,  bear  interest  at
      lowest  rate  or rates obtainable, 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, as such resolution or
      resolutions may provide. The bonds may be sold at public or private sale
      for such price or prices as the authority shall determine.
        3. Any resolution or resolutions authorizing any bonds or any issue of
      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 revenues of a project or  projects
      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, and the amounts
      to be raised in each year thereby, 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 right of the authority to restrict and regulate
      the use of a project;
        (e)  limitations  on  the purpose to which the proceeds of sale of any
      issue of bonds then or thereafter  to  be  issued  may  be  applied  and
      pledging  such  proceeds  to  secure  the payment of the bonds or of any
      issue of the bonds;
        (f) limitations on the issuance of additional bonds;  the  terms  upon
      which  additional  bonds  may  be  issued  and secured; 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, the amount of 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 derived from a project to be
      expended  for  operating,  administrative  or  other  expenses  of   the
      authority;
        (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 section fifteen hundred ninety-eight-o hereof,
      and limiting or abrogating the right of the  bondholders  to  appoint  a
      trustee  under said section or limiting the rights, duties and powers of
      such trustee;
        (j) any other matters, of like or different character,  which  in  any
      way affect the security or protection of the bonds.
        4.  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.
        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 or accountability by reason of the issuance thereof.
        6. The authority shall have power out of any funds available  therefor
      to  purchase bonds. The authority may hold, cancel or resell such bonds,
      subject to and in accordance with agreements with bondholders.
        7. In the discretion of the authority, the bonds may be secured  by  a
      trust  indenture  by  and between the authority and a corporate trustee,
      which may be any trust company or bank having  the  powers  of  a  trust
      company  in the state of New York. Such trust indenture may contain such
      provisions for protecting and enforcing the rights and remedies  of  the
      bondholders as may be reasonable and proper and not in violation of law,
      including  covenants  setting  forth  the  duties  of  the  authority in
      relation  to  the  construction,  maintenance,  operation,  repair   and
      insurance  of  the project or projects and the custody, safeguarding and
      application of all moneys, and may provide that the project or  projects
      shall  be constructed and paid for under the supervision and approval of
      consulting engineers. Notwithstanding the provisions of section  fifteen
      hundred  ninety-eight-g of this title, the authority may provide by such
      trust indenture for the payment of the proceeds of  the  bonds  and  the
      revenues  of  the  project  or  projects to the trustee under such trust
      indenture or other  depository,  and  for  the  method  of  disbursement
      thereof,  with such safeguards and restrictions as it may determine. All
      expenses incurred in carrying out such trust indenture may be treated as
      a part of the cost of maintenance, operation, and repairs of the project
      or projects. If the bonds shall be secured by  a  trust  indenture,  the
      bondholders  shall  have  no  authority to appoint a separate trustee to
      represent them, and the trustee under such trust  indenture  shall  have
      and  possess  all  of  the powers which are conferred by section fifteen
      hundred ninety-eight-o upon a trustee appointed by bondholders.