(a) pledging all or part of its revenues, together with any other
moneys, securities, contracts or property, to secure the payment of the
bonds, subject to such agreements with holders of bonds or notes of the
authority as may then exist;
(b) the setting aside of reserves and the creation of sinking funds
and the regulation and disposition thereof;
(c) limitations on the purpose to which the proceeds from the sale of
bonds may be applied;
(d) limitations on the right of the authority to restrict and regulate
the use of the project or part thereof in connection with which bonds
are issued;
(e) limitations on the issuance of additional bonds, the terms upon
which additional bonds may be issued and secured and the refunding of
outstanding or other bonds;
(f) the procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, including the proportion of
bondholders which must consent thereto, and the manner in which such
consent may be given;
(g) the creation of special funds into which any revenues or moneys
may be deposited;
(h) the terms and provisions of any trust, deed, mortgage or indenture
securing the bonds under which the bonds may be issued;
(i) vesting in a trustee or trustees such properties, 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 one hundred fifteen-o of
this title and limiting or abrogating the rights of the bondholders to
appoint a trustee under such section or limiting the rights, duties and
powers of such trustee;
(j) defining the acts or omissions to act which may constitute a
default in the obligations and duties of the authority to the
bondholders and providing for the rights and remedies of the bondholders
in the event of such default, including as a matter of right the
appointment of a receiver, provided, however, that such rights and
remedies shall not be inconsistent with the general laws of the state
and other provisions of this title;
(k) limitations on the amount of revenues and other moneys to be
expended for operating, administrative or other expenses of the
authority;
(l) the payment of the proceeds of bonds, revenues and other moneys to
a trustee or other depository, and for the method of disbursement
thereof with such safeguards and restrictions as the authority may
determine; and
(m) any other matters of like or different character which may in any
way affect the security or protection of the bonds or the rights and
remedies of bondholders.
5. In addition to the powers herein conferred upon the authority to
secure its bonds, the authority shall have power in connection with the
issuance of bonds to enter into such agreements as the authority may
deem necessary, convenient or desirable concerning the use or
disposition of its revenues or other moneys or property, including the
mortgaging of any property and the entrusting, pledging or creation of
any other security interest in any such revenues, moneys or properties
and the doing of any act (including refraining from doing any act) which
the authority would have the right to do in the absence of such
agreements. The authority shall have power to enter into amendments of
any such agreements within the powers granted to the authority by this
title and to perform such agreements. The provisions of any such
agreements may be made a part of the contract with the holders of bonds
of the authority.
6. Any provision of the uniform commercial code to the contrary
notwithstanding, any pledge of or other security interest in revenues,
moneys, accounts, contract rights, general intangibles or other personal
property made or created by the authority shall be valid, binding and
perfected from the time when such pledge is made or other security
interest attaches without any physical delivery of the collateral or
further act, and the lien of any such pledge or other security interest
shall be valid, binding and perfected against all parties having claims
of any kind in tort, contract or otherwise against the authority
irrespective of whether or not such parties have notice thereof. No
instrument by which such a pledge or security interest is created nor
any financing statement need be recorded or filed.
7. Whether or not the bonds are of such form and character as to be
negotiable instruments under the terms of the uniform commercial code,
the bonds are hereby made negotiable instruments within the meaning of
and for all the purposes of the uniform commercial code, subject only to
the provisions of the bonds for registration.
8. Neither the members of the authority nor any person executing bonds
shall be liable personally thereon or be subject to any personal
liability or accountability by reason of the issuance thereof.
9. The authority, subject to such agreements with bondholders as then
may exist, shall have power out of any moneys available therefor to
purchase bonds of the authority, which shall thereupon be cancelled at a
price not exceeding (i) if the bonds are then redeemable, the redemption
price then applicable plus accrued interest to the next interest payment
date, or (ii) if the bonds are not redeemable then redemption price
applicable on the first date after such purchase upon which the bonds
become subject to redemption, plus accrued interest to interest payment
date.
Structure New York Laws
Article 5 - Public Utility Authorities
Title 6 - Albany Municipal Water Finance Authority
1115-B - Albany Municipal Water Finance Authority.
1115-C - General Powers of the Authority.
1115-D - Approval of Projects.
1115-F - General Powers of the Water Board.
1115-G - Transfer of Sewerage or Water Systems by the City to the Water Board.
1115-H - Agreement Among the Water Board, the City and the Authority for the Provision of Projects.
1115-I - Imposition and Disposition of Fees, Rates, Rents or Charges.
1115-J - Tax Exemption of the Water Board Property and Activities.
1115-K - Pledge Effective Without Filing or Recording.
1115-L - Governmental Capacity of the Authority, the Water Board and the City.
1115-M - Transfer of Officers and Employees.
1115-N - Bonds of the Authority.
1115-O - Remedies of Bondholders.
1115-P - State, City and Water Board Not Liable on Authority Bonds.
1115-Q - Moneys of the Authority.
1115-R - Bonds Legal Investment for Fiduciaries.
1115-S - Agreement of the State.
1115-T - Exemption From Taxes, Assessments and Certain Fees; Payments in Lieu of Taxes.
1115-U - Actions Against Authority and Water Board.
1115-W - Interest in Contracts Prohibited.
1115-X - Authority, Water Board and City to Take Affirmative Action.