593-A - Pledge of tax revenues for payment of certain bonds of the Niagara Falls urban renewal agency.

§  593-a.  Pledge  of tax revenues for payment of certain bonds of the  Niagara Falls urban renewal agency. (a) As security for the  payment  of  any  issue  of  bonds  to  be  issued by the Niagara Falls urban renewal  agency to finance land acquisition and clearance, site improvements  and  parking   construction   in   connection  with  the  East  Falls  Street  Redevelopment  Project  and/or  bond  anticipation   notes   issued   in  anticipation  thereof,  the city council of the city of Niagara Falls is  hereby authorized to enact a  local  law  pledging  the  total  proceeds  consisting  of  net  collections of all sales and compensating use taxes  received by the city of Niagara Falls from taxes authorized pursuant  to  section  twelve  hundred  ten of the tax law and proceeds payable to the  city pursuant to section twelve hundred sixty-two of the tax law, or any  successor statutes thereto and directing the state  comptroller  to  pay  over  such  proceeds to the Niagara Falls sales tax fund pursuant to the  provisions of section ninety-two-t of the state finance law, or  to  the  trustee for the holders of such bonds pursuant to the certificate issued  by such trustee pursuant to subdivision (d) of this section. The lien of  such  pledge  shall  be  valid  and binding upon the city and agency and  their respective successors and assigns as against  all  parties  having  claims  of  any  kind in tort, contract or otherwise against the city or  the agency irrespective of whether such parties have notice thereof. The  lien of such pledge shall inure to the benefit of  the  agency  and  its  successors  and  assigns including any owners of such bonds and notes to  whom such proceeds are pledged. The agency shall not issue any bonds  or  notes  in  connection  with  such  project  in  an  amount  in excess of  thirty-five million dollars, plus a principal amount of bonds or notes:    (i) to fund any debt service reserve fund,    (ii) to provide capitalized interest,    (iii) to provide for original issue discount, and    (iv) to provide  for  the  payment  of  fees  and  other  charges  and  expenses,  including  underwriters' discount, related to the issuance of  such bonds or notes, or related to the provision of any applicable  bond  or note facilities, excluding refunding bonds.    Provided,  however, that upon any refunding or repayment of such bonds  or notes the total aggregate principal amount of outstanding  bonds  and  notes may be greater than thirty-five million dollars ($35,000,000) only  if  the  present value of the aggregate debt service of the refunding or  repayment bonds to be issued shall not exceed the present value  of  the  aggregate  debt  service  of  the bonds so to be refunded or repaid. For  purposes hereof, the present values of the aggregate debt service of the  refunding or repayment bonds and of the aggregate debt  service  of  the  bonds  so  refunded  or  repaid,  shall  be  calculated by utilizing the  effective interest rate of the refunding or repayment bonds, which shall  be that rate arrived  at  by  doubling  the  semi-annual  interest  rate  (compounded  semi-annually)  necessary  to  discount  the  debt  service  payments on the refunding or repayment  bonds  from  the  payment  dates  thereof  to the date of issue of the refunding or repayment bonds and to  the price bid including estimated accrued interest or proceeds  received  by  the  agency  including  estimated  accrued  interest  from  the sale  thereof.    Such local law shall be  subject  to  the  following  limitations  and  conditions:    (i)  Any such local law shall become effective on the date of issue of  any bonds and/or bond anticipation notes the payment of which is secured  by the proceeds of such sales and compensating use taxes;    (ii) Any such local law shall  be  made  subject  to  such  terms  and  conditions,  not  inconsistent  with  this section, as may be determined  necessary or appropriate by  such  city  council  and  agency,  subject,however, to any rights of holders of previously issued bonds and/or bond  anticipation  notes  secured by such tax proceeds and shall be deemed to  be in effect only while bonds and/or bond anticipation notes  which  are  so  secured  are  outstanding  and  may  provide  that  it  shall not be  repealed,  rescinded  or  revoked  or  amended  in  a  manner  which  is  prejudicial  to  the  interests  of  said holders while such obligations  shall be outstanding;    (iii) Enactment of such  local  law  shall  be  conditioned  upon  the  execution  of  an  agreement  between  the city of Niagara Falls and the  county of Niagara whereby such county agrees to pay such city's share of  the proceeds of taxes payable to such city pursuant  to  section  twelve  hundred sixty-two of the tax law to the state comptroller for so long as  bonds or notes issued pursuant to this section remain outstanding;    (iv)  Any such local law shall not be enacted unless such city council  shall have determined that such local law is necessary and in the public  interest; and    (v)  Notwithstanding  any  of  the  foregoing  to  the  contrary,  the  aforesaid  pledge shall be deemed executory only to the extent of moneys  appropriated and made available therefor by the city.    (b) The state does hereby covenant and agree with the owners  of  each  issue of bonds and/or bond anticipation notes of the agency secured by a  pledge  of  proceeds  of  such sales and compensating use taxes that the  state will not repeal, rescind or revoke the provisions of this  section  or  section  ninety-two-t of the state finance law or modify the same as  to limit, impair, or impede the rights hereby vested in the city  and/or  the  agency  or  in  any  way  limit,  impair,  or impede the rights and  remedies of owners of said bonds and/or bond anticipation  notes,  until  such  bonds  and/or  bond anticipation notes, together with the interest  thereon, and all costs and expenses in connection  with  any  action  or  proceeding  by  or on behalf of such owners, are fully paid or otherwise  discharged or defeased; provided that (i) nothing in this section  shall  be  deemed or construed as giving or pledging the credit of the state to  the payment of said bonds and/or bond anticipation notes; and (ii)  this  pledge  shall be subject to the reserved right of the state to alter the  base, rate, method of taxation  and  exemptions  from  taxation  or  the  method  of  distribution  of  the taxes which may be imposed pursuant to  section twelve hundred ten and section twelve hundred sixty-two  of  the  tax  law,  or  any  successor  law  thereto. The city and the agency are  authorized to include this covenant and agreement of the  state  in  any  sale of such bonds and/or bond anticipation notes.    (c)  The  agency  shall  provide  in  any  sale  of  bonds and/or bond  anticipation  notes  which  are  secured  by  proceeds  of   sales   and  compensating use taxes as provided herein that the proceeds of the taxes  which would otherwise be received by the city pursuant to section twelve  hundred  ten  of the tax law or proceeds payable to the city pursuant to  section twelve hundred sixty-two  of  the  tax  law,  or  any  successor  statutes  thereto,  shall,  upon  the  occurrence of events described in  subdivision two of section ninety-two-t of the  state  finance  law,  be  paid  by the state comptroller into the Niagara Falls sales tax fund for  disposition as provided in such  section.    The  state  comptroller  is  hereby  authorized  and directed to pay such moneys to such fund, and to  make such arrangements as are  deemed  appropriate  to  facilitate  such  payments, including, but not limited to the electronic transfer thereof.    (d)  Upon  delivery  of  any  issue  of  bonds or notes secured by the  proceeds of sales and compensating use taxes as herein  authorized,  the  chair of the agency shall file with the state comptroller and the county  treasurer  a  certificate  setting  forth with respect to such issue the  name and address of the  trustee  for  the  holders  thereof.  Upon  theappointment of a successor trustee with respect to any issue of bonds or  notes  secured  as  provided herein, a supplemental certificate shall be  filed with the state comptroller and the county treasurer prior  to  the  effective  date  of  such  appointment.  Such trustee shall on or before  November first annually certify to the state comptroller and to the city  council the amount required for the ensuing city fiscal year for payment  of debt service on bonds or notes issued pursuant to this section and to  restore any deficiencies in any reserve funds established in  connection  with the issuance of such bonds or notes.    (e)  Pursuant  to  an  appropriation by the city council of the amount  certified pursuant  to  subdivision  (d)  of  this  section,  the  state  comptroller  shall pay such amount to the trustee out of proceeds of the  taxes pledged pursuant to this section. Any such proceeds in  excess  of  such certified amount shall be paid by the state comptroller to the city  of  Niagara  Falls. In the event that the amount to be paid by the state  comptroller is less than the amount certified  pursuant  to  subdivision  (d)  of  this  section, the comptroller shall pay such difference to the  trustee for the bondholders out of the first monies  available  for  the  next  succeeding  payments  of  (i) state aid apportioned to the city of  Niagara Falls as per capita aid for  the  support  of  local  government  pursuant to section fifty-four of this chapter or (ii) such other aid or  assistance  payable by the state to the city and not otherwise allocated  as shall supersede or supplement such state per  capita  aid,  including  federal  monies  apportioned  to  the  city  by  the state, after giving  written notice to the chief fiscal officer of the city of Niagara Falls.  Any amount so  paid  over  shall  be  deducted  from  the  corresponding  apportionment of such per capita state aid otherwise payable to the city  of  Niagara  Falls, and shall not obligate the state to make nor entitle  the city to receive any  additional  apportionment  or  payment  of  per  capita state aid.  Nothing herein shall affect the reserved right of the  state  to amend such section fifty-four or otherwise reduce or eliminate  such per capita aid and such other aid or assistance.    (f) The state comptroller may conclusively rely upon  the  information  set  forth  or  included by reference in any certificate filed therewith  pursuant to this section or section ninety-two-t of  the  state  finance  law,  and  shall  not  be liable to the owner of any bond or note of the  agency on account  of  any  reasonable  action  taken  based  upon  such  information.  The  county  treasurer  may  conclusively  rely  upon  the  information set forth in any certificate  filed  therewith  pursuant  to  this section or section ninety-two-t of the state finance law, and shall  not  be liable to the owner of any bond or note of the agency on account  of any reasonable action taken based upon such information.    (g) During the period that any local  law  enacted  pursuant  to  this  section shall be in force, the city shall not issue revenue anticipation  notes  in  anticipation  of  the receipt of taxes authorized pursuant to  section twelve hundred ten of the tax law, which taxes are described  in  subdivisions  (b), (d), (e) and/or (f) of section eleven hundred five of  the tax law, and, in the event that the city issues revenue anticipation  notes in  anticipation  of  the  collection  or  receipt  of  any  other  categories  of  sales taxes used as security to the bondholders pursuant  to the provisions of this section, when determining the total amount  of  revenue  anticipation  notes  which  may  be  issued, in addition to the  amounts described in subparagraph (b) of subdivision three of  paragraph  (d)  of  section 25.00 of the local finance law or the amounts described  in the unnumbered paragraph following such subparagraph (b), as the case  may be, there shall also be deducted an amount equal to the debt service  on the bonds or notes of the agency so secured thereafter  remaining  tobe  paid  during  the fiscal year of the city with respect to which such  revenue anticipation notes are issued.