New York Laws
Title 13-FF - Oneida-Herkimer Solid Waste Management Authority
2049-HH - Bonds of the Authority.

(a) Pledging all or any part of the revenues, other moneys or
property, of the authority to secure the payment of the bonds, including
but not limited to any contracts, earnings or proceeds of any grant to
the authority received from any private or public source, subject to
such agreements as may then exist;
(b) The setting aside of reserves and the creation of sinking funds
and the regulations and disposition thereof;
(c) Limitations on the purpose to which the proceeds from the sale of
the bonds may be applied;
(d) The rates, rents, fees and other charges to be fixed and collected
by the authority and the amount to be raised in each year thereby and
the use and disposition of revenues;
(e) 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;
(f) 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;
(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) The creation of special funds into which any revenues or moneys
may be deposited;
(i) The terms and provisions of any trust, mortgage, deed or indenture
securing the bonds under which the bonds may be issued;
(j) 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 two thousand forty-nine-ii 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;
(k) Defining the acts or omission 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;
(l) Limitations on the power of the authority to sell or otherwise
dispose of any project or any part thereof;
(m) Limitations on the amount of revenues and other moneys to be
expended for operating, administrative or other expenses of the
authority;
(n) 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
(o) 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.
4. 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 or other moneys or
property 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.
5. 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 perfected 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.
6. 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 the purposes of the uniform commercial code, subject only to the
provisions of the bonds for registration.
7. 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.
8. 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 (a) if the bonds are then redeemable, the redemption
price then applicable, plus accrued interest to the next interest
payment date, (b) 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.