Section 1771. Bonds of the authority  


Latest version.
  • 1. The authority shall have the power,
      and  is  hereby  authorized,  from time to time, to issue its negotiable
      bonds in conformity with applicable provisions of the uniform commercial
      code for any corporate purpose, including the payment of any outstanding
      notes of the authority, but the aggregate principal amount of bonds  and
      notes  issued  by  the  authority  shall not exceed five million dollars
      outstanding at any one time. The authority shall have  the  power,  from
      time  to  time  and whenever it deems refunding expedient, 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
      outstanding and partly for any other corporate purpose or  purposes.  In
      computing  the  total  amount  of  bonds  which  may  at any one time be
      outstanding the amount of the outstanding bonds to be refunded from  the
      proceeds  of  the  sale  of  the new bonds or by exchange for said bonds
      shall be excluded. Except as may otherwise be expressly provided by  the
      authority, each issue of bonds 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  pledging  particular
      moneys or revenues.
        2.   Each  issue  of  bonds  shall  be  authorized  by  resolution  or
      resolutions of the authority and shall bear the date or dates, mature at
      the time or times, not exceeding  thirty  years  from  their  respective
      dates,  bear  interest at the rate or rates, be in the denominations, be
      in the  form,  either  coupon  or  registered,  carry  the  registration
      privileges,  be  executed  in  the  manner,  be payable in the medium of
      payment, at the place  or  places,  and  be  subject  to  the  terms  of
      redemption, as the resolution or resolutions shall provide. The bonds of
      the  authority  may  be sold at public or private sale for such price or
      prices as the authority shall determine. When such  bonds  are  sold  at
      public  sale,  the  notice of sale shall be published in accordance with
      the provisions of paragraph two of section 58.00 of  the  local  finance
      law.
        3.  The  resolution or resolutions authorizing bonds or an issuance of
      bonds may contain provisions which shall be a part of the contract  with
      the holders of the bonds thereby authorized as to:
        (a)  The  pledging  of  all  or  any part of the fees, charges, gifts,
      grants, revenues or other moneys received  or  to  be  received  by  the
      authority to secure the payment of the bonds;
        (b)  The  fees, revenues and other charges to be fixed, the amounts to
      be raised in each year thereby and the use and disposition of the  fees,
      charges,  gifts,  grants,  revenues,  or  other moneys received or to be
      received from any source;
        (c) The setting aside of reserves or sinking funds and the  regulation
      and dispositions thereof;
        (d)  Limitations  on  the  purpose to which the proceeds of sale of an
      issue of bonds then or thereafter to be issued may be  applied,  and  on
      the  pledging  of such proceeds to secure the payment of the bonds or of
      an issue of bonds;
        (e) Limitations on the issuance of additional bonds, on the terms upon
      which additional bonds may be issued and secured, and on  the  refunding
      of outstanding or other bonds;
        (f)  The  procedure,  if  any,  by  which the terms of a contract with
      bondholders may be amended  or  abrogated,  the  amount  of  bonds,  the
      holders  of  which  consent thereto, and the manner in which the consent
      may be given;
        (g) Limitations on  the  amount  of  moneys  to  be  expended  by  the
      authority  for  management,  administrative  or  other  expenses  of the
      authority;
    
        (h) Vesting in a trustee or trustees such property, 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 seventeen hundred seventy-two hereof,
      and  limiting  or  abrogating  the right of the bondholders to appoint a
      trustee under said section or limiting the rights, powers and duties  of
      the trustees; and
        (i)  Any other matters of like or different character which in any way
      affect the security or protection of the bonds.
        4. It is the intention hereof that any pledge made  by  the  authority
      shall  be valid and binding from the time when said pledge is made; that
      the revenues or other moneys so pledged and thereafter received  by  the
      authority shall immediately be subject to the lien of the pledge without
      physical  delivery  thereof  or  further  act;  and that the lien of the
      pledge shall be valid and binding as against all parties  having  claims
      of  any  kind  in  tort,  contract  or  otherwise against the authority,
      irrespective of whether the parties have  notice  thereof.  Neither  the
      resolution nor any other instrument by which a pledge is created need be
      recorded.
        5.  Neither  the members of the authority nor a person executing bonds
      shall be liable personally on  the  bonds  or  be  subject  to  personal
      liability or accountability by any reason of the issuance thereof.
        6.  For  the  purpose  of refunding or reducing its debt the authority
      shall have power, out of any funds available therefor, to  purchase  any
      of  its  bonds  (a)  if  the  bonds  are then redeemable, at a price not
      exceeding the redemption price then applicable plus accrued interest  to
      the next interest payment date thereon, or (b) if the bonds are not then
      redeemable,  at  such  price  and  on  such  terms and conditions as the
      authority may determine, plus accrued interest to the date of  purchase.
      The bonds so purchased shall be canceled.
        7.  In  the discretion of the authority, the bonds may be secured by a
      trust indenture by and between the authority and  a  corporate  trustee,
      which  may  be  a  trust  company  or  bank having the powers of a trust
      company in the state. The trust indenture may  contain  such  provisions
      for  protecting and enforcing the rights and remedies of the bondholders
      as may be reasonable and proper and not in violation of  law,  including
      covenants  setting  forth the duties of the authority in relation to the
      construction, maintenance, operation, repair and insurance of a  project
      or  projects,  and  the  custody,  safeguarding  and  application of all
      moneys, and may provide that a project or projects shall be  constructed
      and paid for under the supervision and approval of consulting engineers.
      Notwithstanding  the  provisions of section seventeen hundred sixty-nine
      hereof, the authority may provide by trust indenture for the payment  of
      the proceeds of the bonds and the revenues of the project or projects to
      the  trustee  or  other  depository,  and for the method of disbursement
      thereof, with such safeguards and restrictions as it may determine.  The
      expenses  incurred in carrying out the trust indenture may be treated as
      a part of the cost of maintenance, operation and repairs of the  project
      or  projects.  If  the  bonds shall be secured by a trust indenture, the
      bondholders shall have no authority to appoint  a  separate  trustee  to
      represent them, and the trustee under the trust indenture shall have and
      possess  all the powers which are conferred by section seventeen hundred
      seventy-two hereof upon a trustee appointed by the bondholders.
        8. Notwithstanding any other provisions of this title, the  resolution
      or resolutions authorizing bonds or notes of the authority may contain a
      covenant by authority that it will at all times maintain rates, fees and
      other  charges  sufficient to pay, the cost of operation and maintenance
      of the project or projects,  the  principal  of,  and  interest  on  any
    
      obligations issued pursuant to the resolution or resolutions as the same
      severally  become due and payable, and to maintain the reserves or other
      funds required by the terms of the resolution or resolutions.