Section 2047-H. Bonds of the agency  


Latest version.
  • 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