Section 2041-G. Bonds of the authority  


Latest version.
  • 1. The authority shall have the
      power and is hereby authorized from time to time to issue bonds in  such
      principal amounts as it may determine to be necessary to pay the cost of
      any  project  or  for  any other corporate purpose, including incidental
      expenses in connection therewith. The authority shall have power and  is
      hereby authorized to enter into such agreements and perform such acts as
      may  be  required  under  any applicable federal legislation to secure a
      federal guarantee of any bonds. The authority shall have power from time
      to time 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
      corporate  purpose.  Bonds  issued  by  the  authority  may  be  general
      obligations secured by the faith and credit of the authority or  may  be
      special  obligations  payable solely out of particular revenues or other
      moneys as may be designated in the proceedings of  the  authority  under
      which the bonds shall be authorized to be issued, subject as to priority
      only  to  any  agreements with the holders of outstanding bonds pledging
      any particular property, revenues or  moneys.  The  authority  may  also
      enter   into  loan  agreements,  lines  of  credit  and  other  security
      agreements and obtain for or on its behalf letters  of  credit  in  each
      case  for  securing  its bonds or to provide direct payment of any costs
      which the authority is authorized to pay.
        2. Bonds shall be authorized by resolution of  the  authority,  be  in
      such  denominations  and bear such date or dates and mature at such time
      or times, as such  resolution  may  provide,  provided  that  bonds  and
      renewals  thereof  shall  mature  within  thirty  years from the date of
      original issuance of any such bonds. Obligations with a maturity of five
      years or less from the date of their original issuance may be designated
      as notes. Bonds and notes shall be subject to such terms of  redemption,
      bear  interest  at  such  rate or rates, be payable at such times, be in
      registered form, be executed in such manner, be payable in  such  medium
      of  payment  at  such  place or places, and be subject to such terms and
      conditions as such resolution may provide. Bonds may be sold  at  public
      or  private  sale for such price or prices, in such manner and from time
      to time, as the authority shall determine, provided that no bonds of the
      authority, other than obligations designated as notes, shall be sold  by
      the  authority  at  private  sale unless such sale and the terms thereof
      have been approved in writing by the state comptroller, where such  sale
      is not to the comptroller, or by the state director of the budget, where
      such  sale  is  to  the comptroller. The authority may pay all expenses,
      premiums and commissions which it may deem necessary or advantageous  in
      connection with the issuance and sale of bonds.
        3.  Any  resolution  or  resolutions authorizing bonds or any issue of
      bonds may contain provisions which may 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, other moneys or property
      of  the  authority  to  secure the payment of the bonds, or any costs of
      issuance thereof, including but not limited to any  contracts,  earnings
      or  proceeds  of any grant to the authority received from any private or
      public source subject to such agreements with bondholders  as  may  then
      exist;
        (b)  the  setting  aside of reserves and the creation of sinking funds
      and the regulation and disposition thereof;
        (c) limitations on the purpose to which the proceeds from the sale  of
      bonds may be applied;
        (d) the rates, rents, fees and other charges to be fixed and collected
      by  the  authority  and the amount to be raised in each year thereby and
      the use and disposition of revenues;
    
        (e) limitations on the right of the authority to restrict and regulate
      the use of the project or part thereof in connection  with  which  bonds
      are issued;
        (f)  limitations  on  the issuance of additional bonds, the terms upon
      which additional bonds may be issued and secured and  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)  the  creation  of special funds into which any revenues or moneys
      may be deposited;
        (i) the terms and provisions of any trust, mortgage, deed or indenture
      securing the bonds under which the bonds may be issued;
        (j) vesting in a trustee or trustees such properties,  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 trustees appointed by the
      bondholders  pursuant  to section two thousand forty-one-h of this title
      and limiting or abrogating the rights of the bondholders  to  appoint  a
      trustee  under such section or limiting the rights, duties and powers of
      such trustee;
        (k) defining the acts or omissions  to  act  which  may  constitute  a
      default   in  the  obligations  and  duties  of  the  authority  to  the
      bondholders and providing for the rights and remedies of the bondholders
      in the event of such  default,  including  as  a  matter  of  right  the
      appointment  of  a  receiver,  provided,  however,  that such rights and
      remedies shall not be inconsistent with the general laws  of  the  state
      and other provisions of this title;
        (l)  limitations  on  the  power of the authority to sell or otherwise
      dispose of any project or any part thereof;
        (m) limitations on the amount of  revenues  and  other  moneys  to  be
      expended   for  operating,  administrative  or  other  expenses  of  the
      authority;
        (n) the payment of the proceeds of bonds, revenues and other moneys to
      a trustee or other  depository,  and  for  the  method  of  disbursement
      thereof  with  such  safeguards  and  restrictions  as the authority may
      determine; and
        (o) any other matters of like or different character which in any  way
      affect  the  security  or  protection  of  the  bonds  or the rights and
      remedies of bondholders.
        4. In addition to the powers herein conferred upon  the  authority  to
      secure  its bonds, the authority shall have power in connection with the
      issuance of bonds to enter into such agreements  as  the  authority  may
      deem   necessary,   convenient   or  desirable  concerning  the  use  or
      disposition of its revenues or other moneys or property,  including  the
      mortgaging  of  any property and the entrusting, pledging or creation of
      any other security interest in any such revenues, moneys or property and
      the doing of any act, including refraining from doing any act which  the
      authority  would have the right to do in the absence of such agreements.
      The authority shall have power to enter  into  amendments  of  any  such
      agreements  within the powers granted to the authority by this title and
      to perform such agreements. The provisions of any such agreements may be
      made a part of the contract with the holders of bonds of the authority.
        5. Any provision of  the  uniform  commercial  code  to  the  contrary
      notwithstanding,  any  pledge of or other security interest in revenues,
      moneys, accounts, contract rights, general intangibles or other personal
      property made or created by the authority shall be  valid,  binding  and
      perfected  from  the  time  when  such  pledge is made or other security
    
      interest attaches without any physical delivery  of  the  collateral  or
      further  act, and the lien of any such pledge or other security interest
      shall be valid, binding and perfected against all parties having  claims
      of  any  kind  in  tort,  contract  or  otherwise  against the authority
      irrespective of whether or not such  parties  have  notice  thereof.  No
      instrument  by  which  such a pledge or security interest is created nor
      any financing statement need be recorded or filed.
        6. Whether or not the bonds are of such form and character  as  to  be
      negotiable  instruments  under the terms of the uniform commercial code,
      the bonds are hereby made negotiable instruments within the  meaning  of
      and for all the purposes of the uniform commercial code, subject only to
      the provisions of the bonds for registration.
        7. Neither the members of the authority nor any person executing bonds
      shall  be  liable  personally  thereon  or  be  subject  to any personal
      liability or accountability by reason of the issuance thereof.
        8. The authority, subject to such agreements with bondholders as  then
      may  exist,  shall  have  power  out of any moneys available therefor to
      purchase bonds of the authority, which shall thereupon be cancelled,  at
      a  price  not  exceeding  (i)  if  the  bonds  are  then redeemable, the
      redemption price then applicable, plus  accrued  interest  to  the  next
      interest payment date or, (ii) if the bonds are not then redeemable, the
      redemption  price  applicable on the first date after such purchase upon
      which the bonds become subject to redemption plus  accrued  interest  to
      the next interest payment date.