Section 1689-I. Library construction  


Latest version.
  • 1.  The  dormitory  authority is
      authorized to issue  bonds,  at  the  request  of  the  commissioner  of
      education, to finance eligible library construction projects pursuant to
      section  two  hundred  seventy-three-a  of the education law, in amounts
      certified by such commissioner not to exceed a total principal amount of
      fifty-six million dollars.
        2. (a) Notwithstanding the provisions of any general or special law to
      the contrary,  and  subject  to  the  making  of  annual  appropriations
      therefor  by the legislature, in order to assist the dormitory authority
      in the financing and refinancing of such eligible  library  construction
      projects,  the director of the budget is authorized in state fiscal year
      commencing April first, two thousand six  to  enter  into  one  or  more
      service  contracts, none of which shall exceed thirty years in duration,
      with the dormitory authority, upon such terms as  the  director  of  the
      budget and the dormitory authority agree;
        (b)  Any  service  contract  entered into pursuant to paragraph (a) of
      this subdivision or any payments made or to be made  thereunder  may  be
      assigned  and  pledged  by  the  dormitory authority as security for its
      bonds, notes, or other obligations;
        (c) Any such service contract shall provide that the obligation of the
      director of the budget or of the state to fund or  to  pay  the  amounts
      therein provided for shall not constitute a debt of the state within the
      meaning  of  any  constitutional or statutory provision in the event the
      dormitory authority assigns or pledges the service contract payments  as
      security  for its bonds, notes, or other obligations and shall be deemed
      executory only to the extent moneys are available and that no  liability
      shall  be  incurred  by  the  state  beyond the moneys available for the
      purpose, and that such obligation is subject to annual appropriation  by
      the legislature;
        (d)  Any  service  contract or contracts entered into pursuant to this
      subdivision shall provide for state commitments to provide  annually  to
      the dormitory authority a sum or sums, upon such terms and conditions as
      shall  be  deemed appropriate by the director of the budget, to fund the
      principal, interest, or other related expenses required for  any  bonds,
      notes, or other obligations.
        3.   The   commissioner   of   education   shall  issue  one  or  more
      certifications to the dormitory authority, the comptroller, the director
      of the division of the  budget,  the  chairman  of  the  senate  finance
      committee  and the chairman of the assembly ways and means committee the
      names of all public libraries and  library  systems  for  which  he  has
      approved  construction  aid  apportionments  for  authority financing of
      library  construction  projects  pursuant   to   section   two   hundred
      seventy-three-a of the education law. Such certification, which shall be
      made  within thirty days after such approval or as soon thereafter as is
      practicable, shall contain one or more projects such that the  total  of
      amounts  to  be financed shall be in excess of minimum amounts of bonds,
      in accordance with guidelines of the dormitory authority, which  may  be
      issued  so  as  to  minimize  the issuing costs of such bonds, and shall
      identify the amount of aid apportionment which  has  been  approved  for
      each  such public library and library system and shall estimate the date
      or dates when such project will be undertaken to assist the authority in
      establishing a schedule for financing  such  project.  The  commissioner
      shall notify the authority if there is a change in such dates.
        4. (a) To obtain funds for the purposes of this section, the authority
      shall  have  power  from  time  to  time,  in accordance with a schedule
      certified to the authority by the commissioner of education  identifying
      eligible  library  construction projects approved for the payment of aid
      apportionments pursuant to section two hundred  seventy-three-a  of  the
    
      education  law,  to  issue  negotiable  bonds or notes of the authority.
      Unless the context shall clearly indicate otherwise, whenever the  words
      "bond"  or  "bonds" are used in this section, such words shall include a
      note or notes of the authority.
        (b)  The  dormitory authority shall not issue any bonds or notes in an
      amount in excess of fourteen million dollars for the  purposes  of  this
      section.
        5. The state of New York hereby covenants with the purchasers, holders
      and  owners  from  time  to  time  of  the bonds of the authority issued
      pursuant to this section that  it  will  not  repeal,  revoke,  rescind,
      modify  or  amend  the  provisions  of  this section which relate to the
      making of annual service contract payments to the authority with respect
      to such bonds as to limit, impair or  impede  the  rights  and  remedies
      granted  to  bondholders  under  this  title  or  otherwise diminish the
      security pledged to such purchasers, holders and owners or significantly
      impair the prospect of payment of any such bond.
        * NB There are 2 § 1689-i's