Section 1408. 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 fourteen hundred three 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 cary 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 one 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 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;
        (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 the rights, powers and  duties  of  the  trustee  appointed  by  the
      bondholders pursuant to section fourteen hundred sixty-two-p 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 fourteen
      hundred sixty-two-h 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  fourteen
      hundred sixty-two-p upon a trustee appointed by bondholders.