2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-B - Rochester-Genesee Regional Transportation Authority › 1299-KK - Notes and Bonds of the Authority.

§  1299-kk.  Notes  and  bonds  of the authority. 1. (a) The authority
shall have power and is hereby authorized from time to  time  to  borrow
money and issue its negotiable bonds and notes in such principal amount,
as,  in  the  opinion  of  the  authority, shall be necessary to provide
sufficient funds for achieving its purposes, including the  acquisition,
establishment,   construction,   effectuation,  operation,  maintenance,
renovation, improvement,  extension  or  repair  of  any  transportation
facility,  the  payment of interest on bonds and notes of the authority,
establishment of reserves to secure such bonds and notes, the  provision
of  working  capital and all other expenditures of the authority and its
subsidiary corporations incident to and necessary or convenient to carry
out their purposes and powers;
(b) The authority shall have  power,  from  time  to  time,  to  issue
renewal  notes,  to  issue  bonds  to  pay  notes  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 to issue
bonds partly to refund bonds then outstanding and partly for  any  other
purpose.  The  refunding bonds shall be sold and the proceeds applied to
the purchase, redemption or payment of the bonds to be refunded;
(c) Except as may otherwise be expressly provided  by  the  authority,
every  issue  of  its notes or bonds shall be general obligations of the
authority payable out of  any  revenues  or  moneys  of  the  authority,
subject  only  to any agreements with the holders of particular notes or
bonds pledging any particular receipts or revenues;
(d) Whether or not the notes or bonds are of such form  and  character
as  to  be  negotiable  instruments  under  article eight of the uniform
commercial code, the notes  or  bonds  shall  be  and  hereby  are  made
negotiable instruments within the meaning of and for all the purposes of
article  eight  of  the  uniform  commercial  code,  subject only to the
provisions of the notes or bonds for registration.
2. The notes and bonds shall be authorized by resolution  approved  by
not  less than a majority vote of the authority, shall bear such date or
dates, and shall mature at such time or times, as specified therein, and
in the case of any such bond not exceeding fifty years from the date  of
issue,  as  such  resolution  or  resolutions may provide. The notes and
bonds  shall  bear  interest  at  such  rate  or  rates,  be   in   such
denominations,  be in such form, either coupon or registered, 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
of redemption as such resolution or resolutions may provide.  The  notes
and  bonds  of  the authority may be sold by the authority, at public or
private sale, at such price or prices as the authority shall  determine.
No  notes  or  bonds  of  the  authority may be sold by the authority at
private sale, however, unless such sale and the terms thereof have  been
approved  in  writing  by (a) the comptroller, where such sale is not to
the comptroller, or (b) the director of the budget, where such  sale  is
to the comptroller.
3. Any resolution or resolutions authorizing any notes or bonds or any
issue  thereof  may  contain  provisions,  which  shall be a part of the
contract with the holders thereof, as to:
(a) pledging all or any part of  the  fares,  tolls,  rentals,  rates,
charges  and  other fees made or received by the authority or any of its
subsidiary corporations, and other moneys received or to be received, to
secure the payment of the notes  or  bonds  or  of  any  issue  thereof,
subject  to  such agreements with bondholders or noteholders as may then
exist;
(b) pledging all or any part of the assets of the authority or of  any
of  its  subsidiary  corporations  to secure the payment of the notes or

bonds or of any issue of notes or bonds, subject to such agreements with
noteholders or bondholders as may then exist;
(c)  the use, and disposition of fares, tolls, rentals, rates, charges
and other fees  made  or  received  by  the  authority  or  any  of  its
subsidiary corporations;
(d)  the setting aside of reserves or sinking funds and the regulation
and disposition thereof;
(e) limitations on the purpose to which the proceeds of sale of  notes
or bonds may be applied and pledging such proceeds to secure the payment
of the notes or bonds or of any issue thereof;
(f)  limitations  on  the  issuance  of additional notes or bonds; the
terms upon which additional notes or bonds may be  issued  and  secured;
the refunding of outstanding or other notes or bonds;
(g)  the  procedure,  if  any, by which the terms of any contract with
noteholders or bondholders may be amended or abrogated,  the  amount  of
notes or 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  to  be  expended by the
authority  or  any  of  its  subsidiary  corporations   for   operating,
administrative  or  other  expenses  of  the  authority  or  any  of its
subsidiary corporations;
(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 of the rights, powers and duties of the  trustee  appointed  by  the
bondholders pursuant to this title, and limiting or abrogating the right
of  the  bondholders to appoint a trustee under this article or limiting
the rights, powers and duties of such trustee;
(j) any other matters, of like or different character,  which  in  any
way affect the security or protection of the notes or bonds.
4.  In  addition  to the powers herein conferred upon the authority to
secure its notes and bonds, the authority shall have power in connection
with the issuance of notes and bonds to enter into  such  agreements  as
the authority may deem necessary, convenient or desirable concerning the
use  or  disposition of its monies or property or the monies or property
of any of its subsidiary corporations, including the mortgaging  of  any
such  property  and  the  entrusting,  pledging or creation of any other
security interest in any such monies 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 the notes and bonds of the authority.
5. It is the intention hereof that any pledge,  mortgage  or  security
instrument  made  by  the  authority shall be valid and binding from the
time when the pledge, mortgage or security instrument is made; that  the
monies  or  property  so pledged, mortgaged and entrusted and thereafter
received by the authority shall immediately be subject to  the  lien  of
such  pledge,  mortgage  or  security  instrument  without  any physical
delivery thereof or further act; and that the lien of any  such  pledge,
mortgage  or  security  instrument 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 mortgage, security instrument or
other instrument by which a pledge, mortgage lien or other  security  is
created  need  be  recorded  or  filed  and  the  authority shall not be
required to comply with any of the provisions of the uniform  commercial
code.
6.  Neither  the members of the authority nor any person executing the
notes or bonds shall be liable personally on the notes or  bonds  or  be
subject  to  any  personal  liability or accountability by reason of the
issuance thereof.
7.  The  authority,  subject  to  such  agreements with noteholders or
bondholders as may then  exist,  shall  have  power  out  of  any  funds
available  therefor  to  purchase notes or bonds of the authority, which
shall thereupon be cancelled, at a price not exceeding (a) if the  notes
or  bonds are then redeemable, the redemption price then applicable plus
accrued interest to the next interest payment date thereon,  or  (b)  if
the  notes  or  bonds  are  not  then  redeemable,  the redemption price
applicable on the first date after such purchase upon which the notes or
bonds become subject to redemption plus accrued interest to such date.
8. The state shall not be liable on notes or bonds  of  the  authority
and  such  notes  and  bonds  shall not be a debt of the state, and such
notes and bonds shall contain on the face thereof a  statement  to  such
effect.