Section 2049-HH. 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  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, insurance,
      guarantee  or  other  credit  support  to  the  extent  now or hereafter
      available, 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 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 denominated as notes. Bonds shall
      be subject to such terms of redemption, bear interest at  such  rate  or
      rates, which may vary from time to time, be 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,
      shall  be  subject to tender to the authority with or without extinction
      or cancellation 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 authority shall determine, provided that  no
      bonds  of  the  authority 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, which 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, 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 as may then exist; (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
      the 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 trustee appointed by the
      bondholders pursuant to section two thousand forty-nine-ii 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  omission  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  or  other  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  perfected  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 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 (a) if the bonds are then redeemable, the redemption
      price  then  applicable,  plus  accrued  interest  to  the next interest
      payment date, (b) 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.