2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-E - Wayne County Water and Sewer Authority › 1199-HH - Bonds of the Authority.

* §  1199-hh.  Bonds of the authority. 1. The authority shall have the
power and is hereby authorized from time  to  time  to  issue  bonds  in
conformance  with  the  applicable  provisions of the uniform commercial
code in such principal amounts as it may determine to  be  necessary  to
pay the cost of any water project or projects or for any other corporate
purposes,  including  incidental  expenses  in connection therewith. The
authority shall have power from time to time 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 corporate purpose. Bonds issued  by  the  authority
shall  be  special obligations payable solely out of particular revenues
or other moneys of the authority as may be designated in the proceedings
of the authority under which the bonds shall be authorized to be issued,
subject to any agreements with the holders of outstanding bonds pledging
particular revenues or moneys.
2. The authority is authorized to obtain from any department or agency
of the United States of America or the state or nongovernmental  insurer
or  financial  institution  any  insurance,  guaranty,  or  other credit
enhancement arrangement, to the extent now or  hereafter  available,  as
to,  or  for the payment or repayment of interest or principal, or both,
or any part thereof, on any bonds or notes issued by the  authority  and
to  enter  into  any  agreement  or  contract  with  respect to any such
insurance, guaranty or credit enhancement  arrangement,  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 the bonds or notes of the authority.
3.  Bonds  shall be authorized by resolution of the authority, and may
be in such denominations and bear such date or dates and mature at  such
time  or times as such resolution may provide, except that bonds and any
renewals thereof shall mature within forty years of the  date  of  their
original issuance and notes and any renewals thereof shall mature within
five  years  of the date of their original issuance. Such bonds shall be
subject to such terms of redemption,  bear  interest  at  such  rate  or
rates,  which  may vary from time to time, as may be necessary to effect
the sale thereof and shall be payable at such times, be  in  such  form,
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.
Bonds may be sold at public sale or at private sale for  such  price  or
prices as the authority shall determine, provided that no issue of bonds
may  be  sold  by the authority at private sale unless such sale and the
terms thereof have been approved in writing by  the  comptroller,  where
such  sale  is  not  to the comptroller, or by the state director of the
budget, where such sale is to be to the comptroller.
Any bonds or other  obligations  issued  by  the  Wayne  county  water
authority shall be continued as an obligation by the authority.
4.  Any  resolution  or  resolutions authorizing bonds or any issue of
bonds by the authority may contain provisions which may be part  of  the
contract with the holders of the bonds thereby authorized as to:
(a)  pledging  all  or  part  of its revenues, together with any other
moneys, securities, contracts or property of the  authority,  to  secure
the  payment  of  the bonds, 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  rates,  rentals,  fees  and  other  charges  to be fixed and
collected by the authority and the amounts to be  raised  in  each  year
thereby, and the use and disposition of revenues;
(c)  the  setting  aside of reserves and the creation of sinking funds
and the regulation and disposition thereof;
(d)  limitations on the purpose to which the proceeds from the sale of
bonds may be applied;
(e) limitations on the right of the authority to restrict and regulate
the use of any water 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  other
moneys may be deposited;
(i) the terms and provisions of any trust, deed, mortgage 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 trustee appointed by
the  bondholders  pursuant  to  section   one   thousand   one   hundred
ninety-nine-ii  of  this  title and limiting or abrogating the rights of
the bondholders to appoint a trustee under such section 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 the
appointment of a receiver,  provided,  however,  that  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 water facility or any part thereof or other property;
(m)  limitations  on  the  amount  of  revenues and other moneys to be
expended  for  operating,  administrative  or  other  expenses  of   the
authority;
(n)  the  protection and enforcement of the rights and remedies of the
bondholders;
(o) the obligations of the authority in relation to the  construction,
maintenance,  operation,  repairs  and  insurance of its properties, the
safeguarding and application of all moneys and as  to  the  requirements
for  the  supervision and approval of consulting engineers in connection
with construction, reconstruction and operation;
(p) the payment of the proceeds of bonds, revenues and other moneys to
a trustee or other  depository,  and  for  the  method  of  disbursement
thereof  with  such  safeguards  and  restrictions  as the authority may
determine; and
(q) 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 bondholders.
5. In addition to the powers herein conferred upon  the  authority  to
secure  its bonds, the authority shall have power in connection with the
issuance of bonds 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,  including
remarketing  agreements  or  other similar agreements for the bonds, the
mortgaging of any property and the entrusting, pledging or  creation  of

any  other  security  interest in any such revenues, moneys, 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
agreements.  The  authority shall have 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
of the authority.
6.  Any  provision  of  the  uniform  commercial  code to the contrary
notwithstanding, any pledge of or other security interest  in  revenues,
moneys, 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.
7.  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 purposes  of  the  uniform  commercial  code,
subject only to the provisions of the bonds for registration.
8.  Neither  the  members  nor  the  officers of the authority nor any
person executing bonds shall be liable personally thereon or be  subject
to  any  personal  liability or accountability by reason of the issuance
thereof.
9. The authority, subject to such agreements with bondholders as  then
may  exist,  shall  have  power  out of any moneys available therefor to
purchase bonds of the authority in lieu of redemption, at  a  price  not
exceeding:
(a)  if  the  bonds  are  then  redeemable,  the redemption price then
applicable, plus accrued interest to the next interest payment date;
(b) if the bonds are not then redeemable, the  redemption  price  then
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.
10.  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 may renew the same from
time to time but the  maximum  maturity  of  any  such  note,  including
renewals  thereof, shall not exceed five years from the date of issue of
such original note. Such notes shall be paid  from  any  moneys  of  the
authority  available  therefor  and  not  otherwise  pledged or from the
proceeds of sale of the bonds of the authority in anticipation of  which
they  were issued. The notes shall be issued in the same manner as bonds
and such notes and the resolution or resolutions  authorizing  the  same
may contain any provisions, conditions or limitations which the bonds or
bond  resolution of the authority may contain. Such notes may be sold at
public sale or, upon the  approval  of  the  comptroller  of  the  terms
thereof, at private sale. Such notes shall be as fully negotiable as the
bonds of the authority.
* NB There are 2 § 1199-hh's