Legislation
SECTION 3967
Agreement with the county
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-D, TITLE 3
§ 3967. Agreement with the county. 1. The county shall covenant and
agree with the holders of any issue of bonds, notes or other obligations
issued by the authority pursuant to this title and secured by such
covenant and agreement that the county will not limit, alter or impair
the rights hereby vested in the authority to fulfill the terms of any
agreements made with such holders pursuant to this title, or in any way
impair the rights and remedies of such holders or the security for such
bonds, notes or other obligations, until such bonds, notes or other
obligations, together with the interest thereon and all costs and
expenses in connection with any action or proceeding by or on behalf of
such holders, are fully paid and discharged. The authority is authorized
to include this covenant and agreement of the county in any agreement
with the holders of such bonds, notes or other obligations. Nothing
contained in this title shall be deemed to restrict any right of the
county to amend, modify, repeal or otherwise alter any local laws,
ordinances or resolutions imposing or relating to taxes or fees, or
appropriations relating to such taxes or fees, or setting aside or
allocating and applying, paying or using net collections pursuant to the
authority of subdivision (a), (c) or (d) of section twelve hundred
sixty-two of the tax law, so long as, after giving effect to such
amendment, modification or other alteration, the aggregate amount as
then projected by the authority of (i) sales and compensating use taxes
to be imposed by the county pursuant to the authority of subpart B of
part one of article twenty-nine of the tax law; and
(ii) all such net collections to be set aside or to be allocated and
applied, paid or used by the county pursuant to the authority of section
twelve hundred sixty-two of the tax law during each of the authority's
fiscal years following the effective date of such amendment,
modification or other alteration shall be not less than two hundred
percent of maximum annual debt service on authority bonds, notes or
other obligations then outstanding. Notwithstanding anything to the
contrary in this section, the county further agrees that it shall impose
taxes pursuant to the authority of subdivision (a) of section twelve
hundred ten of the tax law at the rate of no less than three percent.
2. The authority shall not include within any resolution, contract or
agreement with holders of the bonds, notes or other obligations issued
under this title any provision which provides that a default occurs as a
result of the county exercising its right to amend, modify, repeal or
otherwise alter such taxes, fees or appropriations or such net
collections. Nothing in this title shall be deemed to obligate the
county to make any payments or impose any taxes or set aside or allocate
and apply, pay or use net collections pursuant to the authority of
section twelve hundred sixty-two of the tax law; except that the county
shall impose taxes pursuant to the authority of subdivision (a) of
section twelve hundred ten of the tax law at the rate of no less than
three percent.
agree with the holders of any issue of bonds, notes or other obligations
issued by the authority pursuant to this title and secured by such
covenant and agreement that the county will not limit, alter or impair
the rights hereby vested in the authority to fulfill the terms of any
agreements made with such holders pursuant to this title, or in any way
impair the rights and remedies of such holders or the security for such
bonds, notes or other obligations, until such bonds, notes or other
obligations, together with the interest thereon and all costs and
expenses in connection with any action or proceeding by or on behalf of
such holders, are fully paid and discharged. The authority is authorized
to include this covenant and agreement of the county in any agreement
with the holders of such bonds, notes or other obligations. Nothing
contained in this title shall be deemed to restrict any right of the
county to amend, modify, repeal or otherwise alter any local laws,
ordinances or resolutions imposing or relating to taxes or fees, or
appropriations relating to such taxes or fees, or setting aside or
allocating and applying, paying or using net collections pursuant to the
authority of subdivision (a), (c) or (d) of section twelve hundred
sixty-two of the tax law, so long as, after giving effect to such
amendment, modification or other alteration, the aggregate amount as
then projected by the authority of (i) sales and compensating use taxes
to be imposed by the county pursuant to the authority of subpart B of
part one of article twenty-nine of the tax law; and
(ii) all such net collections to be set aside or to be allocated and
applied, paid or used by the county pursuant to the authority of section
twelve hundred sixty-two of the tax law during each of the authority's
fiscal years following the effective date of such amendment,
modification or other alteration shall be not less than two hundred
percent of maximum annual debt service on authority bonds, notes or
other obligations then outstanding. Notwithstanding anything to the
contrary in this section, the county further agrees that it shall impose
taxes pursuant to the authority of subdivision (a) of section twelve
hundred ten of the tax law at the rate of no less than three percent.
2. The authority shall not include within any resolution, contract or
agreement with holders of the bonds, notes or other obligations issued
under this title any provision which provides that a default occurs as a
result of the county exercising its right to amend, modify, repeal or
otherwise alter such taxes, fees or appropriations or such net
collections. Nothing in this title shall be deemed to obligate the
county to make any payments or impose any taxes or set aside or allocate
and apply, pay or use net collections pursuant to the authority of
section twelve hundred sixty-two of the tax law; except that the county
shall impose taxes pursuant to the authority of subdivision (a) of
section twelve hundred ten of the tax law at the rate of no less than
three percent.