N.Y. Public Authorities Law § 3033: Creation of the municipal assistance corporation for the city of New York; authorized indebtedness

* § 3033. Creation of the municipal assistance corporation for the

city of New York; authorized indebtedness. 1. There is hereby created

the municipal assistance corporation for the city of New York. The

corporation shall be a corporate governmental agency and instrumentality

of the state constituting a public benefit corporation. It shall have

the powers, privileges and duties of a corporation under title two of

this article and under this title. The corporation shall continue for a

term ending the later of July first, two thousand eight or one year

after all its liabilities have been fully paid and discharged. Upon the

termination of the existence of the corporation, all of its rights and

property shall pass to and be vested in the state.

2. Subject to the provisions of any contract with noteholders or

bondholders, the corporation shall not issue bonds and notes in an

aggregate principal amount exceeding ten billion dollars, excluding (i)

bonds and notes issued to refund outstanding bonds and notes and (ii)

notes issued for the purpose described in subparagraph (d) of section

three thousand thirty-seven of the this article, provided, however, that

no bonds or notes shall be issued for any purpose other than to pay for

items which are permitted by law to be included in the city's capital

budget or to make deposits into the capital reserve funds established

pursuant to sections three thousand thirty-six and three thousand

thirty-six-a of this article if at the time such bonds or notes are

issued or as a result of their issuance the aggregate principal amount

of bonds and notes issued by the corporation, exclusive of bonds and

notes issued for any purpose described in clause (i) or (ii) of this

subdivision, exceeds eight billion eight hundred million dollars.

2-a. In addition to the authority provided in subdivision two of this

section, the corporation may, until June thirtieth, nineteen hundred

seventy-eight, issue notes in an aggregate principal amount which the

mayor certifies to the corporation is required by the city to provide,

without interruption, services essential to its inhabitants while

meeting its obligation to the holders of its outstanding securities to

June thirtieth, nineteen hundred seventy-eight, but not to exceed five

hundred million dollars. Such notes shall finally mature no later than

June thirtieth, nineteen hundred seventy-eight. Such notes shall not be

renewable. The terms of issuance of such notes shall not contain any

provision creating rights in the holders of such notes to convert such

notes to or exchange such notes for bonds of the corporation. The

corporation shall pay the proceeds of such notes to the city to be used

to provide services essential to its inhabitants without regard to the

provisions of section three thousand thirty-seven of this title.

2-b. In addition to the authority provided in subdivisions two and

two-a of this section, the corporation may, not later than June

thirtieth, nineteen hundred ninety-seven issue bonds and notes in an

aggregate principal amount not to exceed one billion five hundred

million dollars (excluding any bonds or notes issued to fund the bond

reserve fund established pursuant to section three thousand thirty-six-b

of this title and any bonds or notes issued to refund outstanding bonds

or notes) for the purpose of funding capital projects within the city

pursuant to section three thousand thirty-seven-a of this title;

provided, however, that such authority shall decrease from time to time

by such amounts as the city shall have made available to fund such

capital projects; and provided further, that the authority provided in

this subdivision shall be exercised pursuant to a memorandum of

agreement among the governor, the mayor and the chairman of the

corporation, which agreement shall provide that the corporation shall

not issue such bonds or notes in any fiscal year in the event and to the

extent that the city makes available proceeds from the issuance of its

bonds to fund such capital projects; and which agreement shall also

provide for certain operating assistance to be made available by the

corporation to the city; and provided further, that bonds issued or to

be issued to refund bonds of the corporation shall be excluded from such

limitation only if the present value of the aggregate debt service on

the refunding bonds shall not have at the time of their issuance

exceeded the present value of the aggregate debt service on the bonds

they were issued to refund, such present value in each case being

calculated by using the effective interest rate of the refunding bonds,

which shall be that rate arrived at by doubling the semi-annual interest

rate (compounded semi-annually) necessary to discount the debt service

payments on the refunding bonds from the payment date thereof to the

date of issue of the refunding bonds and to the price bid therefor, or

to the proceeds received by the corporation from the sale thereof, in

each case including estimated accrued interest. The rate of interest on

bonds which bear interest at a variable rate which shall be used in

determining such present values shall be the rate at which such bonds

bear interest on the date the refunding bonds are issued.

Notwithstanding any other provision of law, no such bond or note of the

corporation shall mature more than nineteen years from the date of the

original issue of such bond or note and, in any event, not later than

July first, two thousand eight.

3. (a) No note or bond (i) shall mature more than thirty years from

the date of the original issue of such note or bond and, in any event,

not later than July first, two thousand eight or (ii) shall be issued on

a date later than December thirty-first, nineteen hundred eighty-four,

unless such note or bond is a renewal or refunding of an outstanding

note or bond.

(b) No bond shall be issued by the corporation for a purpose set forth

in subparagraph (d) of section three thousand thirty-seven of this

article and any note issued for such a purpose shall mature not later

than the end of the fiscal year in which it is originally issued.

(c) Whenever all or a portion of a series of notes or bonds of the

corporation is issued for a purpose set forth in section three thousand

thirty-seven of this article, to the extent that the payment of the

proceeds of such series is evidenced by a bond or bonds of the city, not

more than one year following a scheduled payment of principal on any

such city bond (including sinking fund installments), a substantially

equal payment of principal (including sinking fund installments) shall

be scheduled with respect to the notes or bonds included in such series

of the corporation.

(d) Whenever all or a portion of a series of bonds or notes of the

corporation is issued for a purpose set forth in section three thousand

thirty-seven-a of this title, the payment of the proceeds of such series

of bonds or notes to the city shall be evidenced by a bond or bonds of

the city issued in accordance with applicable provisions of the state

constitution and local finance law then in effect at the time any such

bond or bonds are issued; provided, however, that principal payments on

any such issue of city bonds shall in no event be scheduled to fall on a

date later than the date on which falls a corresponding amount of

scheduled principal payments on the series of bonds of the corporation

originally issued to provide such proceeds or issued to refund notes of

the corporation issued to provide such proceeds.

4. If the bond resolution or other resolution pursuant to which any

obligations of the corporation are issued shall designate, with the

approval of any emergency financial control board then established for

the city or, if none, then with the approval of the mayor, the

corporation may hereafter issue obligations which shall, upon maturity,

at the election of the holder thereof if so provided in such

obligations, be receivable at full face value and in lieu of cash in

payment of any tax of the city, any installment of estimated tax of the

city, or any interest or penalties thereon. Any obligations of the

corporation so received in payment of any such tax or installment of

estimated tax or interest or penalties shall be presented to the

corporation for payment to the city.

* NB The corporation shall continue for a term ending the later of

July 1, 2008 or one year after its liabilities have been fully paid and

discharged per sub 1.