Section 1599-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 for any purpose mentioned in section 1599-c hereof, 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  twenty  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.  Notwithstanding  the  fact
      that the bonds may be payable from a special fund, if they are otherwise
      of such form and character as to be negotiable instruments under article
      eight  of  the uniform commercial code the bonds shall be and are hereby
      made negotiable instruments within  the  meaning  of  and  for  all  the
      purposes  of  article eight of the uniform commercial code, subject only
      to the provisions of the bonds for registration.
        2. The bonds shall be authorized by resolution of the board and  shall
      bear  such  date  or  dates, mature at such time or times, not exceeding
      thirty 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, 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,  but which shall not at the time of sale yield more than five
      per centum per annum.
        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;
        (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 thereof, 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  the  rights,  powers  and  duties  of the trustees appointed by the
      bondholders  pursuant  to  section  1599-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  1599-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 1599-o upon a trustee appointed by
      bondholders.
        * NB Authority ceased to exist 07/01/1974
        * NB There are 4 § 1599-h's