(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 bondholders 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 any 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 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 other
moneys may be deposited;
(h) the terms and provisions of any trust deed 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 eleven hundred ninety-six-g 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 power of the authority to sell or otherwise
dispose of any system or any part thereof or other property;
(l) limitations on the amount of revenues and other moneys to be
expended for operating, administrative or other expenses of the
authority;
(m) 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
(n) any other matters of like or different character which 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 an authority to
secure its bonds, an authority shall have power in connection with the
issuance of bonds to enter into such agreements as the authority may
deem necessary, consistent 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 property and
the doing of any act, including refraining from doing any act, which an
authority would have the right to do in the absence of such agreements.
An 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 an 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 of an authority 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 directors of an authority nor any person executing
bonds shall be liable personally thereon or be subject to any personal
liability or accountability solely by reason of the issuance thereof.
9. An 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, (ii) if the bonds are not then redeemable, the
redemption price applicable on the first date after such purchase upon
which the bonds become subject to redemption plus accrued interest to
the next interest payment date.
10. An authority shall have power and is hereby authorized to issue
negotiable bond anticipation notes in conformity with applicable
provisions of the uniform commercial code and may renew the same from
time to time but the maximum maturity of any such note, including
renewals thereof, shall not exceed five years from the date of issue of
such original note. Such notes shall be paid from any moneys of the
authority available therefore and not otherwise pledged or from the
proceeds of sale of the bonds of the authority in anticipation of which
they were issued. The notes shall be issued in the same manner as the
bonds and such notes and the resolution or resolutions authorizing the
same may contain any provisions, conditions or limitations which the
bonds or a bond resolution of the authority may contain. Such notes may
be sold at public sale or, upon the approval of the state comptroller,
at private sale. Such notes shall be as fully negotiable as the bonds of
the authority.
Structure New York Laws
Article 5 - Public Utility Authorities
Title 8-A - New York State Local Water and Sewer Authority Act
1196-C - Organization of Authorities.
1196-D - General Powers of an Authority.
1196-E - Transfer of Officers and Employees.
1196-F - Bonds and Notes of an Authority.
1196-G - Remedies of Bondholders.
1196-H - State and Municipalities Not Liable on Authority Bonds.
1196-I - Moneys of an Authority.
1196-J - Bonds Legal Investment for Fiduciaries.
1196-K - Agreement With the State.
1196-L - Exemption From Taxes, Assessments and Certain Fees; Payments in Lieu of Taxes.
1196-M - Actions Against an Authority.
1196-N - Interest in Contracts Prohibited.
1196-O - Equal Employment Opportunity.