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 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. The agency 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 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 five years from the date of the
      original issuance and bonds shall mature within thirty  years  from  the
      date  of original issuance of any such bond or note. 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,  either  coupon  or
      registered,  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. Bonds may be sold at public or private sale for such  price  or
      prices  as  the agency shall determine. Bonds of the agency shall not be
      sold by the agency 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.
        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 regulations 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  agency and the amount to be raised in each year thereby and the
      use and disposition of revenues;
        (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
      may be deposited;
        (i) The terms and provisions of any 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-six-i 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 agency 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  agency 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 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; 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 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.  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  agency 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   agency
      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 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.
        8. 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