Laws of New York (Last Updated: November 21, 2014) |
PBA Public Authorities |
Article 8. MISCELLANEOUS AUTHORITIES |
Title 3. INDUSTRIAL EXHIBIT AUTHORITY |
Section 1657. Bonds of the authority
Latest version.
-
1. The industrial exhibit authority shall have power and is hereby authorized from time to time to issue negotiable bonds in conformity with applicable provisions of the uniform commercial code for any corporate purpose of the authority in an amount not exceeding nine hundred fifty thousand dollars. In addition to the foregoing amount, the authority is hereby authorized to issue further negotiable bonds, or notes or other obligations in an amount not to exceed two million dollars for the improvement of the state fair grounds and the holding of the Hambletonian stakes and other associated events, when based upon reasonable assurance that such racing events will be held at the state fair grounds and when the authority in its discretion determines that such improvements are necessary for the holding of such racing events. Such notes or other obligations shall be authorized by resolution of the authority, shall bear such date or dates and mature at such time or times and bear interest at such rate or rates as the authority shall determine. Such notes or other obligations may be sold by the authority at public or private sale as the authority may determine and may be secured by a lien upon property held by the authority. Such notes or other obligations of the authority shall not be sold at private sale unless such sale and the terms have been approved in writing by the director of the budget. 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. Except as may be otherwise expressly provided by contract between the authority and the holders of its bonds, all bonds of the authority shall be general obligations payable out of any moneys or revenues of the authority, subject only to any agreements with the holders of particular bonds the payment of which is secured by a pledge of particular moneys or revenues. 2. Such bonds shall be authorized by resolution of the board and shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates, as determined by the authority, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption prior to maturity, at par or a price not exceeding one hundred three per centum of the face value, as such resolution or resolutions may provide. All bonds shall be sold at public sale upon sealed bids, after public notice, to the bidder who shall offer the lowest interest cost to the authority to be determined by the board; provided that bonds may be sold at private sale, without notice, to the United States of America or any federal agency thereof or to the state of New York or to any sinking fund or pension fund of the state of New York or any municipality thereof. The notice of sale shall be published at least once, not less than ten nor more than forty days before the date of sale, in a financial newspaper published and circulated in the city of New York and designated by the board. The notice shall call for the receipt of sealed bids and shall fix the date, time and place of sale. 3. Any resolution or resolutions authorizing the issuance of any bonds may contain provisions, which shall be a part of the contract or contracts with the holders of the bonds thereby authorized, which may: (a) pledge the revenues of the authority to secure the payment of such bonds; (b) give to any such bonds a prior charge upon such revenues; (c) require such revenues to be set aside for sinking funds and reserve funds, safe-guarding the deposit, use and investment thereof; (d) limit or restrict the power of the authority under this title insofar as the same may be deemed advisable to secure the payment of such bonds; (e) limit the power of the authority to issue additional obligations or restrict such power by relation to the revenues of the authority and with respect to the purposes thereof and the use of the proceeds or otherwise; (f) authorize the appointment of a trustee or receiver as provided in section thirteen hundred sixty-one, limit the rights of bondholders to enforce their bonds by independent action, and in the event of a receivership require the return of all properties to the authority when the bonds are paid or redeemed and all costs paid; (g) contain any other provisions reasonably necessary or deemed advisable to secure and provide for the payment of said bonds and the rights and remedies of the holders thereof; (h) provide for the form of such bonds, coupon, registered or registerable coupon, and for ascertaining the owners or holders thereof for any purpose; (i) provide for the amendment of any such resolution in any respect, and the amount of bonds the holders of which must consent thereto or whose objection thereto after published or written notice may prevent such amendment. 4. In computing the total amount of bonds of the authority which may at any time be outstanding the amount of the outstanding bonds to be refunded from the proceeds of the sale of new bonds or by exchange for new bonds shall be excluded. * NB Repealed October 6, 2009