1021-I - Bonds, notes and other obligations of the authority.

§  1021-i. Bonds, notes and other obligations of the authority. 1. The  authority shall have power and is hereby authorized from time to time to  issue its bonds, notes or other obligations, in an aggregate amount  not  to  exceed  one  hundred twenty-five million dollars, for the purpose of  financing any capital project authorized by this  title,  including  but  not  limited  to,  the  acquisition  of any real or personal property or  facilities  deemed  necessary  by   the   authority,   development   and  professional  expenses,  and  funding any capital or other reserve funds  established in connection with the authority's operations or  issuances,  in  such  principal amount as the directors shall determine necessary to  perform its corporate duties and further its purposes as  authorized  in  this  title.  The  maximum  maturity  of  any such bond shall not exceed  thirty years from its date of issuance. The maximum maturity of any such  note or other obligation shall not exceed five years from  its  date  of  issuance.    2. Except as may be otherwise expressly provided by the authority, the  issuance  of  bonds,  notes  or  other  obligations,  shall  be  general  obligations of the authority payable out of any moneys  or  revenues  of  the  authority,  subject  only  to  any  agreements  with the holders of  particular bonds, notes or other  obligations  pledging  any  particular  moneys or revenues.    3. The authority shall have power from time to time, whenever it deems  refunding  expedient, to refund any bonds, notes or other obligations by  the issuance of new bonds, notes or other obligations, up to one hundred  twenty-five million dollars in the aggregate, whether the  bonds,  notes  or  other  obligations  to be refunded have or have not matured, and may  issue bonds, notes or other obligations partly to refund bonds, notes or  other obligations then outstanding and  partly  for  any  other  purpose  described  in  this section. Refunding bonds, notes or other obligations  may be exchanged for  the  bonds,  notes  or  other  obligations  to  be  refunded,  with  such  cash adjustments as may be agreed, or may be sold  with the proceeds applied to the purchase or payment of the bonds to  be  refunded.    4.  Bonds  may  be  issued  either  in a series with multiple discrete  maturity dates or as term bonds with a single maturity date. The  bonds,  notes  or  other  obligations  shall  be authorized by resolution of the  directors and shall bear such date or dates,  mature  at  such  time  or  times,  bear  interest  at  such  rate  or  rates,  payable  annually or  semi-annually, be in such denominations, be in  such  form,  carry  such  registration  privileges,  be  executed  in  such  manner, be payable in  lawful money of the United States of America at such  place  or  places,  and  be  subject  to  such  terms  of  redemption, as such resolution or  resolutions may provide. In the event that term bonds,  notes  or  other  obligations  are  issued,  the  resolution authorizing the same may make  such provisions for the establishment and management of adequate sinking  funds for the payment thereof, as the authority may deem necessary.    5. The bonds, notes or other obligations of the authority may be  sold  at  public  or  private  sale  for such price or prices as the authority  shall determine. For a private sale of  its  securities,  the  authority  shall  obtain  the  written  approval of the terms of such sale from the  comptroller if such sale is to a party other than  the  comptroller,  or  from  the  director of the budget where such sale is to the comptroller,  in either case prior to closing the issuance transaction.    6. Any resolution authorizing any issuance of bonds,  notes  or  other  obligations  may  contain  provisions,  which  shall  be  a  part of the  contract between the authority and the holders of the issued securities,  as to:(a) pledging all or any part of the revenues of the authority  or  its  projects  or  any  revenue  producing  contract or contracts made by the  authority with any individual, partnership, limited  liability  company,  corporation  or association to secure the payment of the bonds, notes or  other obligations, subject to such agreements with holders of securities  of the authority;    (b)  pledging,  assigning  or  creating  a  lien on all or any part of  assets of the authority, including mortgages  and  obligations  security  mortgages,  to  secure  the  payment  of  the  bonds,  subject  to  such  agreements with holders of securities of the authority;    (c) the setting aside of reserves or sinking funds, and the regulation  and disposition thereof;    (d) establishment of special funds for deposit of moneys received from  the proceeds of the  issuance  of  securities  as  the  directors  shall  determine, consistent with the authorizing resolution and the provisions  of this title;    (e)  limitations  on  the purpose to which the proceeds of sale of any  issuance of bonds, notes or other obligations then or thereafter  to  be  issued  may  be applied and pledging such proceeds to secure the payment  of the bonds, notes or other obligations;    (f) limitations of the issuance of additional bonds,  notes  or  other  obligations;  the  terms  upon  which  additional  bonds, notes or other  obligations may be issued and secured; and the refunding of  outstanding  bonds, notes or other obligations;    (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)  providing for the appointment and powers of a trustee for holders  of securities, and the rights, powers and duties of such trustee as  the  directors may determine;    (i)  limitations  on the amount of moneys derived from a project to be  expended  for  operating,  administrative  or  other  expenses  of   the  authority;    (j)  defining  the  acts  or omissions to act which shall constitute a  default in the duties of the authority to holders of its obligations and  providing the rights and remedies of such holders  in  the  event  of  a  default  provided,  however,  that such rights and remedies shall not be  inconsistent with the laws of the state and the other provisions of this  article; and provided, further, however, that nothing contained in  this  article  shall  be  deemed  to restrict the right of the state or of any  municipality to amend, modify or otherwise alter statutes,  local  laws,  ordinances,  resolutions  or agreements imposing or relating to taxes or  fees or appropriations relating thereto; and there shall not be included  in any resolution or contract or  agreement  with  the  holders  of  the  bonds,  notes  or  other  obligations  authorized  by  this  article any  provision which provides that a default shall occur as a result  of  the  state  or  of  a  municipality  exercising its right to amend, modify or  otherwise alter laws, ordinances, resolutions or agreements imposing  or  relating to taxes or fees or appropriations relating thereto; and    (k)  any  other  provisions  not inconsistent with those enumerated in  this subdivision and necessary to effect its issuances of  bonds,  notes  or other obligations and the rights of the holders of its securities, or  otherwise in furtherance of its corporate purposes.    7.  Notwithstanding  any  other  provision  of  this  title,  any such  resolution or resolutions shall contain a covenant by the authority that  it will at all times maintain rates, fees or charges sufficient to  pay,  and  that  any  contracts  entered into by the authority for the sale ordistribution of power shall contain rates, fees or charges sufficient to  pay the costs of operation and maintenance of the project, the principal  of and interest on any obligations issued pursuant to such resolution as  the  same  severally  become  due  and payable, and to maintain any debt  service coverage ratios and any reserves required by the terms  of  such  resolution or resolutions. Provided however, that the total rates, fees,  and  charges  shall not exceed the prevailing electric rate in the North  Country. The prevailing electric rate in the North  Country  shall  mean  the  average  of the total rates, fees, and charges paid by customers of  National Grid and New York State Electric and Gas, or any successors, in  St. Lawrence, Franklin, and  Jefferson  counties.  Compliance  with  the  prevailing electric rates in the North Country shall be left to the sole  determination of the public service commission.    8. It is the intent of this title that any pledge of revenues or other  moneys  or  of  a  revenue  producing  contract or contracts made by the  authority shall be valid and binding from the time when  the  pledge  is  made;  that  the revenues or other moneys or proceeds of any contract or  contracts so pledged and thereafter  received  by  the  authority  shall  immediately  be  subject to the lien of such pledge without any physical  delivery thereof or further act; and that the lien of  any  such  pledge  shall  be  valid and binding as against all parties having claims of any  kind in tort, contract or otherwise against the  authority  irrespective  of  whether such parties have notice thereof. Neither the resolution nor  any other instrument by which a pledge is created need be recorded.    9. Neither the directors of the authority nor any person executing the  bonds, notes or other obligations shall  be  liable  personally  on  the  bonds,  notes  or  other  obligations  or  be  subject  to  any personal  liability or accountability by reason of the issuance thereof.    10. The authority shall have the power  out  of  any  funds  available  therefor  to  purchase  bonds, notes or other obligations. The authority  may  hold,  pledge,  cancel  or  resell  such  bonds,  notes  or   other  obligations,   subject   to  and  in  accordance  with  agreements  with  bondholders.    11. Any bonds, notes or other obligations issued by the authority  are  hereby  made  securities in which all public officers and bodies of this  state and all municipalities and municipal subdivisions,  all  insurance  companies  and  associations  and other persons carrying on an insurance  business, all banks, bankers, trust companies, savings banks and savings  associations, including savings and loan associations, building and loan  associations, investment companies  and  other  persons  carrying  on  a  banking business, and all other persons whatsoever who are authorized to  invest  in  bonds, notes or other obligations of the state, may properly  and legally invest funds including capital in their control or belonging  to them; subject to the provisions of any other general or  special  law  to the contrary.    12.  The  authority  is  authorized  to  obtain from any department or  agency  of  the  United  States  of  America  or  the   state   or   any  nongovernmental insurer or financial institution any insurance, guaranty  or  other  credit support device, to the extent available, as to, or for  the payment or repayment of interest or principal, or both, or any  part  thereof,  on  any  bonds,  notes  or  other  obligations  issued  by the  authority and to enter into any agreement or contract  with  respect  to  any such insurance or guaranty, except to the extent that the same would  in  any  way  impair  or  interfere with the ability of the authority to  perform and fulfill the terms of any agreement made with the holders  of  outstanding bonds, notes or other obligations of the authority.    13.  In  addition  to  the  powers  conferred in this section upon the  authority to secure its bonds, notes or other obligations, the authorityshall have the power in connection with the issuance of bonds, notes  or  other  obligations  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, and for the  acquisition,  alteration  or  disposition  of  its  property,  real  and  personal,  including  the  mortgaging  of  any of its properties 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 the  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, notes or other obligations of the authority.    14. All bonds, notes and other obligations  issued  by  the  authority  under  the  provisions of this title are hereby declared to have all the  qualities and incidents of negotiable instruments under  the  applicable  laws of the state.    15. Nothing in this subdivision shall be deemed to allow the authority  to  exceed  its  one  hundred  twenty-five million dollar aggregate debt  limit.