Section 1818. Pollution control bonds and notes  


Latest version.
  • 1. The authority shall have
      the  power  and  is  hereby authorized to issue at one time or in series
      from time to time (a) pollution control bonds in the aggregate principal
      amount  of  not  exceeding  seventy-five  million   dollars,   excluding
      pollution  control  bonds issued to refund outstanding pollution control
      bonds, and (b) pollution control notes in anticipation of  the  issuance
      of such pollution control bonds.
        2. The authority shall have power from time to time to renew pollution
      control  notes  or  to  issue  pollution  control renewal notes for such
      purpose, to issue pollution  control  bonds  to  pay  pollution  control
      notes,  and  whenever  it  deems  refunding  expedient,  to  refund  any
      pollution control bonds by the issuance of new pollution control  bonds,
      whether the bonds to be refunded have or have not matured, and may issue
      pollution  control  bonds  partly to refund pollution control bonds then
      outstanding and partly for the purposes specified in this subtitle.  The
      bonds  issued  for  refunding  purposes  shall  be sold and the proceeds
      applied to the purchase, redemption  or  payment  of  the  bonds  to  be
      refunded.
        3.  The  holders  of  pollution control bonds and notes shall have the
      following rights and remedies, subject to the terms  of  the  resolution
      authorizing  such  bonds  and notes or any trust indenture, secured loan
      agreement or other instrument related thereto.
        a. In the event that the authority shall default  in  the  payment  of
      principal  of  or  interest  on  any issue of pollution control bonds or
      notes after the same shall become due, whether at maturity or upon  call
      for  redemption,  and such default shall continue for a period of thirty
      days, or in the event that the authority shall fail or refuse to  comply
      with the provisions of this title, or shall default in any contract made
      with  the  holders of any issue of pollution control bonds or notes, the
      holders of twenty-five per cent in aggregate  principal  amount  of  the
      bonds  or  notes  of  such  issue  then  outstanding,  by  instrument or
      instruments filed in the office of the clerk in the county of Albany and
      approved or acknowledged in the same manner as a deed  to  be  recorded,
      may  appoint  a  trustee to represent the holders of such bonds or notes
      for the purposes herein provided.
        b. Such trustee may, and  upon  written  request  of  the  holders  of
      twenty-five  per  cent  in  principal amount of such bonds or notes then
      outstanding shall, in his or its own name:
        (i) by mandamus or other suit, action  or  proceeding  at  law  or  in
      equity  enforce  all  rights  of  the  pollution  control bondholders or
      noteholders, including any right to require  the  authority  to  collect
      revenues  adequate to carry out the provisions of any agreement with the
      holders of such bonds or notes and to  perform  its  duties  under  this
      title;
        (ii) bring suit upon such bonds or notes;
        (iii) by action or suit in equity, require the authority to account as
      if it were the trustee of an express trust for the holders of such bonds
      or  notes;  (iv)  by action or suit in equity, enjoin any acts or things
      which may be unlawful or in violation of the rights of  the  holders  of
      such bonds or notes;
        (v)  subject to the provisions of subdivision four of section eighteen
      hundred five of this title, declare all such  bonds  or  notes  due  and
      payable,  and if all defaults shall be made good, then, with the consent
      of the holders of twenty-five per cent of the principal amount  of  such
      bonds  or  notes  then  outstanding,  to  annul such declaration and its
      consequences.
        c. Such trustee shall, in addition to the foregoing, have and  possess
      all  of  the  powers  necessary  or  appropriate for the exercise of any
    
      functions specifically set forth  herein  or  incident  to  the  general
      representation  of  the  pollution control bondholders or noteholders in
      the enforcement and protection of their rights.
        d.  The  supreme  court shall have jurisdiction of any suit, action or
      proceeding by the trustee on behalf of such bondholders or  noteholders.
      The  venue  of  any such suit, action or proceeding shall be laid in the
      county of Albany.