N.Y. Public Authorities Law § 1433: Bonds of the authority

§ 1433. Bonds of the authority. 1. The authority shall have the power

and is hereby authorized from time to time to issue its bonds in

conformity with applicable provisions of the uniform commercial code in

such principal amounts as may be determined by the authority to be

necessary to pay all or part of the cost of any project or any other

corporate purpose. The authority shall have 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 then outstanding and

partly for any other corporate purpose. The refunding bonds may be

exchanged for the bonds to be refunded, with such cash adjustments as

may be agreed, or may be sold and the proceeds applied to the purchase

or payment of the bonds to be refunded. Except as may otherwise be

expressly provided by the authority, the bonds of every issue shall be

general obligations of the authority payable out of any moneys or

revenues of the authority, subject only to any agreements with the

holders of particular bonds pledging any particular moneys or revenues.

2. The bonds shall be authorized by resolution of the board and shall

bear such date or dates, mature at such time or times, not exceeding

thirty years from their respective dates, bear interest at such rate or

rates, 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

such resolution or resolutions may provide. The bonds may be sold at

private sale subject to the approval of the state comptroller or at a

public sale for such price or prices as the authority shall determine.

3. Any resolution or resolutions authorizing any bonds or any issue of

bonds may contain provisions, which shall be a part of the contract with

the holders of the bonds thereby authorized, as to

(a) pledging all or any part of the revenues derived by the authority

from the ownership or operation of, or otherwise in connection with, any

project or projects or any part or parts thereof to secure the payment

of the bonds, or of any issue thereof, subject to such agreements with

bondholders as may then exist;

(b) the rates, rentals, fees and other charges to be charged, and the

amounts to be raised in each year thereby, and the use and disposition

of revenues;

(c) the creation and setting aside of reserves or sinking funds, and

the regulation and disposition thereof;

(d) limitations on the right of the authority 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 then or thereafter to be issued may be applied and

pledging such proceeds to secure the payment of the bonds or of any

issue of the bonds;

(f) limitations on the issuance of additional bonds; the terms upon

which additional bonds may be issued and secured; the refunding of

outstanding or other bonds;

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

bondholders may be amended or abrogated, the amount of bonds the holders

of which must consent thereto, and the manner in which such consent may

be given;

(h) limitations on the amount of moneys derived from a project to be

expended for operating, administrative or other expenses of the

authority;

(i) 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 one thousand four hundred thirty-nine

hereof, and limiting or abrogating the right of the bondholders to

appoint a trustee under said section or limiting the rights, duties and

powers of such trustee;

(j) 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 of revenues or other

moneys made by the authority shall be valid and binding from the time

when the 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 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 nor any other security

instrument by which a pledge is created need be recorded or filed.

5. Neither the members of the authority nor any person executing the

bonds shall be liable personally on the bonds or be subject to any

personal liability or accountability by reason of the issuance thereof.

6. The authority shall have power out of any funds available therefor

to purchase bonds. The authority may hold, cancel or resell such bonds,

subject to and in accordance with agreements with bondholders.

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 any trust company or bank having the powers of a trust

company in the state of New York. Such 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 the project or projects, and the custody, safeguarding and

application of all moneys, and may provide that the project or projects

shall be constructed and paid for under the supervision and approval of

consulting engineers. Notwithstanding the provisions of section one

thousand four hundred thirty-two, the authority may provide by such

trust indenture for the payment of the proceeds of the bonds and the

revenues of the project or projects to the trustee under such trust

indenture or other depository, and for the method of disbursement

thereof, with such safeguards and restrictions as it may determine. All

expenses incurred in carrying out such 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 such trust indenture shall have

and possess all of the powers which are conferred by section one

thousand four hundred thirty-nine upon a trustee appointed by

bondholders.