Section 1599-IIII. 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   fifteen   hundred
      ninety-nine-dddd   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  fifteen  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  six  and  one-half  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 six and one-half 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;
        (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  the  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  the  rights,  powers,  and  duties of the trustees appointed by the
      bondholders pursuant to section fifteen hundred ninety-nine-pppp 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-nine-hhhh 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-nine-pppp upon a trustee appointed by bondholders.