N.Y. Public Authorities Law § 3965: Resources of the authority

§ 3965. Resources of the authority. 1. Subject to the provisions of

this title, the directors of the authority shall receive, accept,

invest, administer, expend and disburse for its corporate purposes all

moneys of the authority from whatever source derived including (a)

revenues and (b) proceeds of bonds, notes or other obligations.

2. Subject to the provisions of any contract with holders of bonds,

notes or other obligations, revenues of the authority shall be paid to

the authority and shall not be commingled with any other money.

3. The money in any of the authority's accounts shall be paid out on

checks signed by the treasurer of the authority, or by other lawful and

appropriate means such as wire or electronic transfer, on requisitions

of the chairperson of the authority or of such other officer as the

directors shall authorize to make such requisition, or pursuant to a

bond resolution or trust indenture.

4. All deposits of authority money shall be secured by obligations of

the United States or of the state or of the county at a market value at

least equal at all times to the amount of the deposit, and all banks and

trust companies are authorized to give such security for such deposits.

The authority shall have the power, notwithstanding the provisions of

this section, to contract with the holders of any of its bonds, notes or

other obligations as to the custody, collection, securing, investment

and payment of any money of the authority or any money held in trust or

otherwise for the payment of bonds, notes or other obligations or in any

way to secure bonds, notes or other obligations, and to carry out any

such contract notwithstanding that such contract may be inconsistent

with the other provisions of this title. Money held in trust or

otherwise for the payment of bonds, notes or other obligations or in any

way to secure bonds, notes or other obligations, and deposits of such

money, may be secured in the same manner as money of the authority, and

all banks and trust companies are authorized to give such security for

such deposits.

5. Revenues of the authority shall be applied in the following order

of priority: first to pay debt service or for set asides to pay debt

service on the authority's bonds, notes, or other obligations and to

replenish any reserve funds securing such bonds, notes or other

obligations of the authority in accordance with the provision of

indenture or bond resolution of the authority; then to pay the

authority's operating expenses not otherwise provided for; and then,

subject to the authority's agreements with the county for itself or on

behalf of any covered organization to transfer as frequently as

practicable the balance of revenues not required to meet contractual or

other obligations of the authority to the county as provided in

subdivision seven of this section.

6. (a) Any such payment of state aid revenues to the authority shall

not obligate the state to make available, nor entitle the county to

receive, any additional state aid.

(b) Nothing contained in this title shall be construed to create a

debt of the state within the meaning of any constitutional or statutory

provisions. Any provision with respect to state aid or state aid

revenues shall be deemed executory only to the extent of moneys

available, and no liability shall be incurred by the state beyond the

moneys available for that purpose, and any such payment by the

comptroller of state aid revenues is subject to annual appropriation of

state aid by the state legislature.

(c) Nothing contained in this title shall be deemed to restrict the

right of the state to amend, repeal, modify, or otherwise alter section

fifty-four of the state finance law or any provision relating to state

aid to municipalities. The authority shall include within any

resolution, contract, or agreement with holders of its bonds, notes or

other obligations a provision which states that no default occurs as a

result of the state's exercising its right to amend, repeal, modify, or

otherwise alter section fifty-four of the state finance law or any other

provision relating to state aid to municipalities.

7. On a monthly basis, the authority shall prepare and provide to the

county a detailed accounting of all revenues received and payments and

debt service set asides made, as attributable to the county. Such

accounting shall reflect: (a) the amount of state aid revenues and

county tax revenues received during such month; (b) the respective

portion of debt service paid or set aside during such month by the

authority for its bonds, notes or other obligations attributable to the

county; (c) the respective portion of reserve fund replenishment made or

set aside during such month by the authority in connection with its

bonds, notes or other obligations attributable to the county; and (d)

the respective portion of administrative expenses of the authority paid

or set aside during such month by the authority attributable to the

county. As soon as practicable after each monthly payment or set aside,

the authority shall make respective payments of the remaining monthly

balance or revenues to the county in accordance with such accounting. To

the extent that such respective monthly payments of the remaining

balance of revenues result in an overpayment or underpayment to the

county, the authority shall in the immediately subsequent month, after

making debt service payments or debt service set asides, replenishing

any reserve funds and paying the administrative expenses of the

authority for such month, make an adjustment in favor of the county, as

the case may be, before determining the remaining amount of the balance

of revenues for such subsequent month and paying such remaining monthly

balance of revenues to the county. Nothing in this title shall be deemed

to restrict the authority of the state comptroller and the commissioner

of taxation and finance to adjust for overpayments or underpayments

pursuant to the tax law.

8. (a) This subdivision shall apply only to revenue anticipation

notes, including renewals thereof, issued by the county during its

fiscal year ending December thirty-first, two thousand five, in

anticipation of the receipt of state aid revenues and/or county tax

revenues, and only to such issues of revenue anticipation notes as to

which the certificate described in paragraph (b) of this subdivision is

filed. For purposes of this subdivision, "state aid" means state social

services aid, social services aid from the United States government,

state aid for court security, state aid for education of handicapped

children, and aid and incentives for municipalities, and shall be paid

by the state comptroller to the authority.

(b) Notwithstanding the provisions of subdivision five of this section

with respect to the transfer of the balance of revenues to the county,

prior to the delivery of each such issue of revenue anticipation notes,

the comptroller of the county shall file with the authority a request

that the authority establish a county of Erie revenue anticipation note

withholding fund which shall constitute a special bank account for

purposes of paragraph g of section 25.00 of the local finance law. Such

request by the comptroller shall be accompanied by a certificate setting

forth with respect to such issue (i) the principal amount, (ii) the date

of issue, (iii) the maturity date, (iv) the interest rate or rates, (v)

if interest shall be payable otherwise than at maturity, the date or

dates for the payment thereof, (vi) the name and address of the paying

agent, (vii) the name and address of each purchaser, or, if a purchaser

shall be a syndicate or similar account, the name and address of each

managing underwriter of such syndicate or similar account, (viii) the

amount payable on each principal payment date and interest payment date,

and (ix) a schedule setting forth the total amount of state aid revenues

and county tax revenues anticipated to be received, and the expected

date or dates of anticipated receipt of such state aid revenues and

county tax revenues. Such certificate shall be accompanied by a

statement executed by the comptroller certifying that the amounts and

times of payments of state aid revenues and county tax revenues

contained in such schedule have been estimated by the use of reasonable

and appropriate data and methods of estimation, all in accordance with

applicable law.

(c) All such revenue anticipation notes, in addition to a pledge of

the faith and credit of the county for the payment thereof, shall

contain a recital to the effect that they are entitled to the benefits

of the provisions of this subdivision.

(d) Commencing on the date not less than five days prior to and on

each day thereafter up to and including any principal and/or interest

payment date referred to in the certificate filed by the comptroller

with the authority pursuant to paragraph (b) of this subdivision, the

authority shall pay to such paying agent from state aid revenues and

county tax revenues transferred and credited by the authority to the

county of Erie revenue anticipation note withholding fund as provided in

paragraph (e) of this subdivision the amount required to pay in full the

principal and/or interest due on such payment date as set forth in such

certificate. Moneys so paid shall pass immediately from the authority

and vest in such paying agent in trust for the benefit of the holders of

the revenue anticipation notes to which such certificate relates. No

other person having any claim of any kind in tort, contract or otherwise

against the county shall have any right to or claim against the moneys

held by such paying agent, and such moneys shall not be subject to any

order, judgment, lien, execution, attachment, setoff or counterclaim by

any such other person. Such moneys shall be held by such paying agent in

a separate trust account and shall be applied only to the payment of the

principal and/or interest due on such revenue anticipation notes,

provided, however, that the contract by and between the county and such

paying agent may provide for (i) the investment by such paying agent of

such moneys in direct obligations of, or in obligations guaranteed by,

the United States of America, provided such obligations shall be payable

or redeemable at the option of the holder within such time as the

proceeds shall be needed to pay such principal and/or interest due on

such revenue anticipation notes, and (ii) the use by such paying agent

of such moneys for the purchase of direct obligations of, or obligations

guaranteed by, the United States of America under one or more repurchase

agreements with any bank or trust company having its principal office in

the state of New York, provided that any such repurchase agreement shall

provide for the repurchase of such obligations within such time as such

moneys are needed to pay the principal and/or interest due on such

revenue anticipation notes at a repurchase price at least sufficient to

make the amount so invested available for the payment of principal

and/or interest due on such revenue anticipation notes, and provided,

further, that, at the time of such purchase, the market value of such

obligations shall be at least equal to one hundred two per centum of the

amount so invested. No person having any claim of any kind in tort,

contract or otherwise against the county shall have any right to or

claim against any moneys in anticipation of which such notes have been

issued, other than a claim for payment by the holders of such notes, and

such moneys shall not be subject to any order, judgment, lien,

execution, attachment, setoff or counterclaim by any such person.

Notwithstanding any provision of law to the contrary, no instrument

relating to any transaction authorized or contemplated by this paragraph

need be filed under the provisions of the uniform commercial code.

(e) Commencing on the day when the authority determines that the

principal and interest due or to come due on such outstanding revenue

anticipation notes issued against such state aid revenues and/or county

tax revenues in accordance with the provisions of this subdivision shall

equal the amount of such state aid revenues and such county tax revenues

as set forth on the schedule included in the certificate filed with the

authority pursuant to paragraph (b) of this subdivision remaining to be

paid to the county on or prior to any principal and/or interest payment

date, the authority shall deduct and withhold from the amount of such

state aid revenues and county tax revenues otherwise payable to the

county an amount sufficient to pay, when due, the principal of and

interest on all such revenue anticipation notes issued and then

outstanding in anticipation thereof. Amounts so deducted and withheld

shall be transferred and credited by the authority to the account

established for such state aid revenues and county tax revenues in the

county of Erie revenue anticipation note withholding fund established by

the authority in accordance with the comptroller's request pursuant to

paragraph (b) of this subdivision. The payments required to be made by

the authority pursuant to paragraph (d) of this subdivision shall be

made from amounts on deposit in the accounts established for such state

aid revenues and county tax revenues in the county of Erie revenue

anticipation note withholding fund.

(f) Notwithstanding any other provision of this subdivision, at the

expiration of one hundred eighty days after the maturity date of any

issue of revenue anticipation notes issued in accordance with the

provisions of this subdivision, the amounts held by the paying agent

thereof for the payment of the principal of and interest on the notes of

such issue which have not been presented for payment shall be paid over

and remitted by such paying agent to the county and thereafter the

holders of such notes shall look only to the county for such payment.

(g) All other provisions of the local finance law not inconsistent

with the provisions of this subdivision shall continue to apply to the

authorization and issuance of revenue anticipation notes by the county.