Laws of New York (Last Updated: November 21, 2014) |
PBA Public Authorities |
Article 8. MISCELLANEOUS AUTHORITIES |
Title 13-D*. BROOME COUNTY RESOURCE RECOVERY AGENCY |
Section 2047-H. Bonds of the agency
Latest version.
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1. The agency shall have the power and is hereby authorized, from time to time, to issue bonds, in conformity with applicable provisions of the uniform commercial code, in such principal amounts as it may determine in its opinion to be necessary to pay the cost of any project or for any other corporate purpose, including incidental expenses in connection therewith. The agency 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. Bonds issued by the agency may be general obligations secured by the faith and credit of the agency or may be special obligations payable solely out of particular revenues or other moneys as may be designated in the proceedings of the agency under which the bonds shall be authorized to be issued and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys. 2. Bonds shall be authorized by resolution of the agency, be in such denominations and bear such date or dates and mature at such time or times, as such resolution may provide, except that notes and any renewals thereof shall mature within seven years from the date of the original issuance and bonds shall mature within thirty years from the date of issuance. The bonds and notes shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, carry such registration privileges, 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. The bonds of the agency may be sold by the agency at private sale, subject to the approval of the comptroller of the state, or at a public sale at such price or prices as the agency shall determine. 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 agency to secure the payment of the bonds, including but not limited to any contracts, earnings or proceeds of any grant to the agency received from any private or public source; (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 amount, use and disposition of the rates, rentals, fees and other charges to be fixed and collected by the agency; (e) limitations on the right of the agency 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 of the agency may be deposited; (i) the terms and provisions of any mortgage or trust 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 agency may determine which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to section two thousand forty-seven-i of this title and limiting or abrogating the rights of the bondholders to appoint a trustee under such section or limiting the rights, powers and duties of such trustee; (k) defining the acts or omissions to act which may constitute a default in the obligations and duties of the agency to the bondholders and providing 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 agency to sell or otherwise dispose of its properties; (m) limitations on the amount of revenues and other moneys to be expended for operating, administrative or other expenses of the agency; (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 agency may determine; (o) the obligations of the agency in relation to the construction, maintenance, operation, repair and insurance of the properties of the agency, the safeguarding and application of all moneys and the requirements for the supervision and approval of consulting engineers in connection with construction, maintenance and operation of such properties; and (p) 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 agency to secure its bonds, the agency shall have power in connection with the issuance of bonds to enter into such agreements as the agency may deem necessary, consistent 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 agency would have the right to do in the absence of such agreements. The agency shall have power to enter into amendments of any such agreements within the powers granted to the agency 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 agency. 5. It is the intention of the legislature that any pledge, mortgage or security instrument made by the agency shall be valid and binding from the time when the pledge, mortgage or security instrument is made; that the moneys or property so pledged, mortgaged, or entrusted and thereafter received by the agency shall immediately be subject to the lien of such pledge, mortgage or security instrument without any physical delivery thereof or further act; and that the lien of such pledge, mortgage or security instrument shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the agency, irrespective of whether such parties have notice thereof. Neither the resolution nor any mortgage, security instrument or other instrument by which a pledge, mortgage lien or other security is created need be recorded or filed and the agency shall not be required to comply with any of the provisions of the uniform commercial code. 6. The agency shall have the power and is hereby authorized, from time to time, to issue its bonds for the purpose of refunding any of its bonds then outstanding. The principal amount of such refunding bonds shall not exceed an amount sufficient to pay the sum of (i) the principal amount of the bonds to be refunded, outstanding as of the date of issue of the refunding bonds, (ii) the aggregate amount of unmatured interest payable on the bonds to be refunded to and including either the date or dates such bonds mature or, if such bonds are to be called for redemption prior to such maturity date or dates, the date or dates fixed for such redemption in the resolution authorizing such refunding bonds, (iii) redemption premiums, if any, payable on the bonds to be refunded as of the date or dates fixed for redemption, and (iv) costs and expenses incidental to the issuance of the refunding bonds. The proceeds of any such bonds issued for the purpose of so refunding outstanding bonds shall be applied to the payment of such outstanding bonds on the respective maturity dates thereof or upon the date fixed for redemption. Pending such application, the proceeds of any such bonds shall be placed in escrow to be applied to such purchase or retirement or redemption on such date. Any such escrowed proceeds, pending such use, may be invested and reinvested only in obligations which mature at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption premium, if any, on the outstanding bonds to be so refunded by purchase, retirement or redemption, as the case may be. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded by purchase, retirement or redemption, as the case may be, or may be pledged to the payment of the principal of and interest on any bonds issued to refund any outstanding bonds. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, if any, earned or realized on the investments thereof may be returned to the agency for use by it in any lawful manner. All such bonds shall be issued and secured and shall be subject to the provisions of this title in the same manner and to the same extent as any other bonds issued pursuant to this title. 7. 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. 8. Neither the members of the agency 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. 9. The agency, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the agency, 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, (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. * NB There are 2 § 2047-h's