Section 1493-I. 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   fourteen   hundred
      ninety-three-d   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  fifty  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  as  such  resolution may provide, 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 provided, however, that any private
      sale shall be subject to the approval of the  state  comptroller,  where
      such  sale  is  not  to  the comptroller, or the director of the budget,
      where such sale is to the comptroller.
        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 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 fourteen hundred ninety-three-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 ninety-three-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 ninety-three-p upon a trustee appointed by bondholders.