New York Laws
Title 28-B - Schenectady Metroplex Development Authority
2665 - Bonds or Notes of the Authority.

(b) Bonds shall be subject to such terms of redemption, bear interest
at such rate or rates, be payable at such times, be in such form, either
coupon or registered, carry such registration privileges, be executed in

such manner, be payable in such medium of payment at such place or
places, and be subject to such terms and conditions as such resolution
may provide. Notwithstanding any other provision of law, the bonds of
the authority issued pursuant to this section shall be sold to the
bidder offering the lowest true interest cost, taking into consideration
any premium or discount not less than four nor more than fifteen days,
Sunday excepted, after a notice of such sale has been published at least
once in a newspaper of general circulation in the area served by the
authority, which shall state the terms of the sale. The terms of the
sale may not change unless notice of such change is published in such
newspaper at least one day prior to the date of the sale as set forth in
the original notice of sale. Advertisements shall contain a provision to
the effect that the authority, in its discretion, may reject any or all
bids made pursuant to such advertisements, and in the event of such
rejection, the authority is authorized to negotiate a private or public
sale or readvertise for bids in the form and manner above described as
many times as, in its judgment, may be necessary to effect satisfactory
sale.
(c) Notwithstanding the provisions of the preceding paragraph,
whenever in the judgment of the authority the interests of the authority
will be served thereby, the members of the authority, on the written
recommendation of the chairperson may authorize the sale of such bonds
at private or public sale on a negotiated basis or on either a
competitive or negotiated basis. The authority shall set guidelines
governing the terms and conditions of any such private or public sales.
The private or public bond sale guidelines set by the authority shall
include, but not be limited to, a requirement that where the interests
of the authority will be served by a private or public sale of bonds,
the authority shall select underwriters taking into account, among other
things, qualifications of underwriters as to experience, their ability
to structure and sell authority bond issues, anticipated costs to the
authority, the prior experience of the authority with the firm, if any,
the capitalization of such firms, participation of qualified minority
and women-owned business enterprise firms in such private or public
sales of bonds of the authority and the experience and ability of firms
under consideration to work with minority and women-owned business
enterprises so as to promote and assist participation by such
enterprises.
(d) The authority shall have the power from time to time to amend such
private bond sale guidelines in accordance with the provisions of this
subdivision.
(e) No private or public bond sale on a negotiated basis shall be
conducted by the authority without prior approval of the state
comptroller. The authority shall annually prepare and approve a bond
sale report which shall include the private or public bond sale
guidelines as specified in this subdivision, amendments to such
guidelines since the last private or public bond sale report, an
explanation of the bond sale guidelines and amendments, and the results
of any sale of bonds conducted during the fiscal year. Such bond sale
report may be a part of any other annual report that the authority is
required to make.
(f) The authority shall annually submit its bond sale report to the
state comptroller and copies thereof to the senate finance committee and
the assembly ways and means committee.
(g) The authority shall make available to the public copies of its
bond sale report upon reasonable request thereof.
(h) Nothing contained in this subdivision shall be deemed to alter,
affect the validity of, modify the terms of, or impair any contract or

agreement made or entered into in violation of, or without compliance
with, the provisions of this subdivision.
5. Any resolution or resolutions authorizing bonds or any issue of
bonds by the authority may contain provisions which may be a part of the
contract with the holders of the bonds thereby authorized as to:
(a) Pledging all or part of the revenues, together with any other
monies or property of the authority to secure the payment of the bonds,
or any costs of issuance thereof, 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 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) 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, including the proportion of
bondholders 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 monies
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 trustees appointed by the
bondholders pursuant to this title or limiting the rights, duties and
powers of such trustee;
(k) 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 appointment
of a receiver, provided, however, that such acts or omissions to act
which may constitute a default and 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 or other property;
(m) Limitations on the amount of revenues and other monies to be
expended or operating, administrative or other expenses of the
authority;
(n) The payment of the proceeds of bonds, revenues and other monies 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 the bondholders.

6. In addition to the powers herein conferred upon the authority to
secure its bonds, the authority shall have the power in connection with
the issuance of bonds to adopt resolutions and enter into such trust
indentures, agreements or other instruments as the authority may deem
necessary, convenient or desirable concerning the use or disposition of
its revenues or other monies or property, including the mortgaging of
any property and the entrusting, pledging or creation of any other
security interest in any such revenues, monies 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 resolutions, trust
indentures, agreements or other instruments. The authority shall have
power to enter into amendments of any such resolutions, trust
indentures, agreements or other instruments within the powers granted to
the authority by this title and to perform such resolutions, trust
indentures, agreements or other instruments. The provisions of any such
resolutions, trust indentures, agreements or other instruments may be
made a part of the contract with the holders of bonds of the authority.
7. Any provision of the uniform commercial code to the contrary
notwithstanding, any pledge of or other security interest in revenues,
monies, 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.
8. Whether or not the bonds of the 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.
9. Neither the members nor the officers of the authority nor any
person executing its bonds shall be liable personally on its bonds or be
subject to any personal liability or accountability by reason of the
issuance thereof.
10. Subject to such agreements with bondholders as may then exist, the
authority shall have power out of any funds available therefor to
purchase bonds of the authority, in lieu of redemption, at a price not
exceeding, if the bonds are then redeemable, the redemption price then
applicable plus accrued interest to the next interest payment date, or,
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.
Bonds so purchased shall thereupon be canceled.
11. The 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 in accordance with section
21.00 of the local finance law, as amended from time to time.