N.Y. General Municipal Law § 970-o: Tax increment bonds

§ 970-o. Tax increment bonds. (a) For the purpose of carrying out or

administering a redevelopment plan adopted by the legislative body, a

municipality is hereby authorized, without limiting its authority under

other provisions of law, to issue by resolution of its legislative body

tax increment bonds or tax increment bond anticipation notes of the

municipality which are payable from and secured by real property taxes,

in whole or in part, allocated to and paid pursuant to the provisions of

section nine hundred seventy-p of this article. The pledge of such real

property taxes allocated and paid shall constitute a first lien on the

revenues derived therefrom and tax increment bonds or tax increment bond

anticipation notes, the repayment of which is secured by such revenues

shall not be subordinate to any other indebtedness of the municipality

with respect to the pledge of such revenues. The municipality shall have

the power to issue renewal notes, to issue bonds to pay notes 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 to issue bonds partly to refund bonds then outstanding and

partly for any other purposes.

(b) In contracting indebtedness pursuant to subdivision (a) of this

section a municipality shall not pledge its faith and credit or the

faith and credit of the state to the payment of the principal thereof

and the interest thereon. Indebtedness contracted pursuant to this

subdivision shall not be indebtedness of any school district that has

allocated taxes pursuant to section nine hundred seventy-p of this

article.

(c) Bonds and notes issued pursuant to this section shall bear such

date or dates and mature at such time or times, in the case of any note

or any renewals thereof not to exceed five years from the date of issue

of such original note, and in the case of any bond not exceeding the

probable useful life of the object or purpose for which such bond is

issued, as the bond or note resolution or resolutions may provide. The

notes and bonds shall bear interest at such rates per annum payable at

such times, be in such denominations, be in such form either coupon or

registered, carry such registration privileges, be executed in such

manner, be payable in lawful money of the United States of America, at

such place or places and be subject to such terms of redemption, as the

bond or note resolution or resolutions may provide. The notes and bonds

may be sold at public or private sale at such price or prices as the

municipality shall determine. No notes or bonds may be sold at private

sale unless such sale and the terms thereof have been approved in

writing by the state comptroller provided, however, that if such notes

or bonds are sold at private sale to the state comptroller, the sale and

terms thereof shall first be approved in writing by the state director

of the budget.

(d) Any resolution or resolutions authorizing any tax increment bonds

or tax increment notes or any issue thereof may contain provisions,

which shall be a part of the contract with the holders thereof, as to:

(i) pledging all or a part of the taxes allocated pursuant to section

nine hundred seventy-p of this article or the proceeds from the sale of

property acquired with the proceeds of such notes or bonds to secure the

payment of such notes or bonds or of any issue thereof, subject to such

agreements with bondholders or noteholders as may exist;

(ii) the setting aside of reserve or sinking funds and the regulation

and disposition thereof;

(iii) limitations on the purpose to which the proceeds of the sale of

notes or bonds may be applied and pledging such proceeds to secure the

payment of the notes or bonds or any issue thereof;

(iv) the procedure, if any, by which the terms of any contract with

noteholders or bondholders may be amended or abrogated, the amount of

notes or bonds the holders of which must consent thereto, and the manner

in which such consent may be given;

(v) vesting in a trustee or trustees such property, rights, powers and

duties in trust as the municipality shall determine.

(e) A bond resolution or bond anticipation note resolution shall be

authorized for each redevelopment plan adopted by the legislative body

which provides for the financing of redevelopment projects from the

proceeds of such notes and bonds.

(f) Neither the expenditure of money for an object or purpose for

which it is proposed to issue obligations nor a bond resolution or bond

anticipation note resolution authorized by this section shall be subject

to a permissive referendum.

(g) The amount of any indebtedness contracted under this section shall

be excluded in ascertaining the power of the municipality to contract

indebtedness within the provisions of the state constitution or the

local finance law relating thereto.

(h) The proceeds from the sale of real property acquired with the

proceeds from the sale of bonds or notes issued pursuant to this section

shall be used solely for the purposes of repayment of principal on such

notes or bonds.

(i) The municipality may contract indebtedness pursuant to this

section for the following objects or purposes:

(i) acquisition of land;

(ii) demolition and removal of buildings, structures and improvements

and site preparation;

(iii) installation, construction or reconstruction of streets,

walkways, docks, drainage, parking facilities, flood control facilities,

water and sewer systems and other public utilities, parks and

playgrounds;

(iv) other public improvements or services integral to the

redevelopment plan authorized by or for which a period of probable

usefulness has been established by section 11.00 of the local finance

law. Objects and purposes referred to in this subdivision shall be

deemed to have the period of probable usefulness as provided for such

objects and purposes by such section.