§ 1493-I — Bonds of the authority

New York § 1493-I

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 4-A: City of Albany Parking Authority
• Art. 7: Parking Authorities

Text

§ 1493-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds for any purpose mentioned in section fourteen hundred\nninety-three-d hereof, including the acquisition, construction,\nreconstruction and repair of personal and real property of all kinds\ndeemed by the board to be necessary or desirable to carry out such\npurpose, as well as to pay such expenses as may be deemed by the board\nnecessary or desirable to the financing thereof and placing the project\nor projects in operation in the aggregate principal amount of not\nexceeding seventy-five million dollars outstanding at any one time. The\nauthority shall have power from time to time and whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly to refund bonds then outstanding and partly for any other\npurpose hereinabove described. The refunding bonds may be exchanged for\nthe bonds to be refunded, with such cash adjustments as may be agreed,\nor may be sold and the proceeds applied to the purchase or payment of\nthe bonds to be refunded. In computing the total amount of bonds of the\nauthority which may at any time be outstanding the amount of the\noutstanding bonds to be refunded from the proceeds of the sale of new\nbonds or by exchange for new bonds shall be excluded. Except as may\notherwise be expressly provided by the authority, the bonds of every\nissue shall be general obligations of the authority payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues. Notwithstanding the fact that the bonds may be payable from a\nspecial fund, if they are otherwise of such form and character as to be\nnegotiable instruments under article eight of the uniform commercial\ncode the bonds shall be and are hereby made negotiable instruments\nwithin the meaning of and for all the purposes of article eight of the\nuniform commercial code, subject only to the provisions of the bonds for\nregistration.\n 2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates as such resolution may provide, be in such denominations, be in\nsuch form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine provided, however, that any private\nsale shall be subject to the approval of the state comptroller, where\nsuch sale is not to the comptroller, or the director of the budget,\nwhere such sale is to the comptroller.\n 3. Any resolution or resolutions, authorizing any bonds or any issue\nof bonds may contain provisions, which shall be a part of the contract\nwith the holders of the bonds thereby authorized, as to (a) pledging all\nor any part of the revenues of a project or projects to secure the\npayment of the bonds, subject to such agreements with bondholders as may\nthen exist;\n (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereof, and the manner in which such consent may\nbe given;\n (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section fourteen hundred ninety-three-p hereof,\nand limiting or abrogating the right of the bondholders to appoint a\ntrustee under said section or limiting the rights, duties and powers of\nsuch trustee;\n (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n 4. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims, of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n 5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n 6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n 7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section fourteen\nhundred ninety-three-h of this title the authority may provide by such\ntrust indenture for the payment of the proceeds of the bonds and the\nrevenues of the project or projects to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section fourteen\nhundred ninety-three-p upon a trustee appointed by bondholders.\n