Section 1840-E. Issuance of bonds and notes by the authority  


Latest version.
  • 1. (a) The
      authority shall have the power and is hereby authorized to borrow  money
      and to issue its negotiable bonds and notes in such principal amounts as
      the  authority  shall  determine  to  be necessary to provide sufficient
      funds for achieving its corporate purpose, provided, however, that  such
      amounts shall be within any limits of authorized indebtedness prescribed
      under the provisions of section eighteen hundred forty-h of this title.
        (b)  The  authority  shall  have the power, from time to time to issue
      renewal notes; bonds to pay notes, including the interest thereon;  and,
      whenever  it  deems refunding expedient, to refund any bonds by 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 purpose hereinafter described.
        (c)  The  bonds  and  notes of every issue, except as may otherwise be
      expressly provided by the authority, shall be special obligations of the
      authority payable solely from revenues derived  from  any  loan,  lease,
      sale,  or other disposition of a project, subject only to any agreements
      with the holders of particular bonds or notes  pledging  any  particular
      moneys or revenues.
        (d)  The  bonds  and  notes of the authority shall be of such form and
      character as to be negotiable instruments pursuant to article  eight  of
      the uniform commercial code.
        2.  (a)  The  bonds and notes shall be authorized by resolution of the
      authority, and shall bear such date and shall mature  at  such  time  or
      times as such resolution may provide, except that no note or any renewal
      thereof shall mature more than five years after the date of issue of the
      original  note. The bonds may be issued as serial bonds or as term bonds
      or as a combination thereof. The bonds and notes shall bear interest  at
      such  rate  or  rates, be in such denominations and 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 of redemption as provided by such
      resolution or resolutions.
        (b) The bonds and notes may be sold at public or private sale at  such
      price or prices as the authority with the approval of the comptroller or
      any  municipal  agency,  pursuant  to  the provision of section eighteen
      hundred forty-h of this title, may determine. The bonds of the authority
      shall be sold not less than six nor more than forty days after a  notice
      of  such sale has been published at least once in a newspaper of general
      circulation published in Nassau and Suffolk counties.
        3. Any resolution or resolutions authorizing any bonds or notes or any
      issue thereof may  contain  provisions,  which  shall  be  part  of  the
      contract  with  the  holders  of  bonds or notes issued pursuant to such
      resolution, relating to:
        (a) pledging all or any part of the revenues derived  from  any  loan,
      lease, sale or other disposition of a project or projects, or all or any
      part of other revenues to secure the payment of the bonds or notes or of
      any  issue  thereof,  subject  to  such  agreements  with bondholders or
      noteholders as may then exist;
        (b) the rentals, fees, and  other  charges  to  be  charged,  and  the
      amounts  to  be raised in each year thereby, and the use and disposition
      of the revenues;
        (c) the setting aside of reserves or sinking funds, and the regulation
      and disposition thereof;
        (d) limitations on the right of the agency to  restrict  and  regulate
      the use of a project;
        (e)  limitations  on  the purpose to which the proceeds of sale of any
      issue of bonds or notes then or thereafter to be issued may  be  applied
    
      and  pledging  such proceeds to secure the payment of the bonds or notes
      or any issue thereof;
        (f)  limitations  on  the  issuance  of additional bonds or notes; the
      terms upon which additional bonds or notes may be  issued  and  secured;
      and the refunding of outstanding or other bonds or notes;
        (g)  the  procedure,  if  any, by which the terms of any contract with
      bondholders or noteholders may be amended or abrogated,  the  amount  of
      bonds or notes the holders of which must consent thereto, and the manner
      in which such consent may be given;
        (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 the rights, powers and duties  of  the  trustees  appointed  by  the
      bondholders  or  noteholders and limiting or abrogating the right of the
      bondholders or noteholders to appoint a trustee or limiting the  rights,
      duties and powers of trustee;
        (i)  the  acts or omissions to act which shall constitute a default in
      the obligations and duties of the authority to the holders of the  bonds
      or notes and providing for the rights and remedies of the holders of the
      bonds  or  notes  in  event  of  such  default,  including  the right to
      appointment of a receiver; providing,  however,  that  such  rights  and
      remedies shall not be inconsistent with any provision of law; and
        (j)  any  other  matters, of like or different character, which in any
      way affect the security or protection of the holders  of  the  bonds  or
      notes.
        4.  It  is the intention of this title that any pledge made in respect
      of such bonds or notes shall be valid and binding from the time when the
      pledge is made; that the money or property  so  pledged  and  thereafter
      received  by  the  authority shall immediately be subject to the lien of
      such pledge without any physical delivery thereof or  further  act;  and
      that  the  lien of any such 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 such parties have notice
      thereof.  Neither  the  resolution,  trust  indenture  nor   any   other
      instrument by which a pledge is created need be recorded.
        5.  The  authority  may  make  and  enter  into all such covenants and
      agreements with respect to accounting for or paying  its  expenses  with
      holders  of  any  of its bonds and notes, or of any issue thereof, as it
      may determine to be necessary and desirable.
        6. Neither the members of the authority nor any person  executing  the
      bonds  or  notes  shall be liable personally on the bonds or notes or be
      subject to any personal liability or accountability  by  reason  of  the
      issuance thereof.