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This entry was published on 2014-09-22
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SECTION 2316
Bonds of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 15
§ 2316. Bonds of the authority. 1. The authority shall have the power
and is hereby authorized from time to time to issue its negotiable bonds
for any of its corporate purposes in an aggregate principal amount not
exceeding five hundred million dollars, including interest during
construction and a reasonable period thereafter and such expenses as may
be deemed by the board necessary or desirable to the financing thereof
and placing the project or projects in operation. The authority shall
have power from time to time and whenever it deems refunding expedient,
to refund any bonds by the issuance of new bonds, whether the bonds to
be refunded have or have not matured, and may issue bonds partly to
refund bonds then outstanding and partly for any other purpose
hereinabove described. The refunding bonds may be exchanged for the
bonds to be refunded, with such cash adjustments as may be agreed, or
may be sold and the proceeds applied to the purchase or payment of the
bonds to be refunded. In computing the total amount of bonds of the
authority which may at any time be outstanding the amount of the
outstanding bonds to be refunded from the proceeds of the sale of new
bonds or by exchange of new bonds shall be excluded. Except as may
otherwise be expressly provided by the authority, the bonds of every
issue 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 pledging any particular moneys or
revenues. Whether or not the bonds are of such form and character as to
be negotiable instruments under article eight of the uniform commercial
code the bonds shall be and 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.

2. The bonds shall be authorized by resolution of the authority and
shall bear such date or dates, mature at such time or times not
exceeding thirty years from their respective dates, bear interest at
such rates, not exceeding fifteen per centum per annum payable annually
or semi-annually, be in such denominations, be in such form, either
coupon or registered, 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. The bonds may be sold at
public or private sale for such price or prices as the authority shall
determine, but which shall not at the time of sale yield more than
fifteen per centum per annum.

3. Any resolution or resolutions authorizing any bonds or any issue of
bonds may contain provisions, which shall be a part of the contract with
the holders of the bonds thereby authorized, as to

(a) pledging all or any part of the revenues of a project or projects
to secure the payment of the bonds, subject to such agreements with
bondholders or the city as may then exist;

(b) the rentals, fees and other charges to be charged, and the amounts
to be raised in each year thereby, and the use and disposition of the
revenues;

(c) the setting aside of reserves or sinking funds, and the regulation
and disposition thereof;

(d) limitations on the right of the authority to restrict and regulate
the use of a project;

(e) limitations on the purpose to which the proceeds of sale of any
issue of bonds then or thereafter to be issued may be applied and
pledging such proceeds to secure the payment of the bonds or any issue
of the bonds;

(f) limitations on the issuance of additional bonds; the terms upon
which additional bonds may be issued and secured; 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) limitations on the amount of moneys derived from a project to be
expended for operating, administrative or other expenses of the
authority;

(i) vesting in a trustee or trustees such property, rights, powers and
duties in trust as the authority may determine which may include any or
all the rights, powers and duties of the trustees appointed by the
bondholders pursuant to section twenty-three hundred thirty hereof, and
limiting or abrogating the right of the bondholders to appoint a trustee
under said section or limiting the rights, duties and powers of trustee;

(j) any other matters, of like or different character, which in any
way affect the security or protection of the bonds.