2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 4 - Suffolk County Water Authority › 1080 - Bonds.

§  1080.  Bonds.  1.  The  authority  shall  have  power and is hereby
authorized from time to time to issue its negotiable bonds in conformity
with applicable provisions of the uniform commercial  code.  Such  bonds
shall  be  authorized by resolution of the authority and shall bear such
date or dates, mature at such time or times in not exceeding forty years
from their respective date or dates, subject to such option  or  options
of  redemption,  as  may  be provided in the resolution authorizing such
bonds, at par or at a price not exceeding one hundred five per centum of
their face value, together with accrued interest, bear interest at  such
rate  or  rates  that the cost to maturity of the money for any issue of
such bonds shall not exceed six per centum per annum,  payable  annually
or  semi-annually,  be  in  such denominations, and in such form, either
coupon or registered, and be executed in such manner, and be payable  in
such  medium of payment, at such place or places, and be subject to such
terms and conditions as such resolution or resolutions may provide.
2. All bonds of the authority shall be sold at public sale upon sealed
bids to the bidder who shall offer  the  lowest  interest  cost  to  the
authority to be determined by the authority. The notice of sale shall be
published  at  least  once  not  less  than ten nor more than forty days
before the date of sale in a newspaper designated by the  authority  and
shall  call  for the receipt of sealed bids and shall fix the date, time
and place of sale.
3. Notwithstanding the foregoing provisions requiring public sale, any
bonds of the authority may be sold by the authority within two years  of
the effective date of this title at private sale at such price or prices
as  the authority shall determine not exceeding the interest cost herein
provided, and the authority also may sell at private sale for such price
or prices as the authority shall determine not  exceeding  the  interest
cost herein provided, any bonds authorized for the purpose of paying the
cost  of acquiring by condemnation a privately owned public water supply
and distribution system provided such bonds are sold within one year  of
the date of completion of such condemnation and the proceedings for such
condemnation were commenced prior to or not more than two years from the
effective date of this title.
4. Any bonds of the authority, whether sold at public or private sale,
shall be sold for a price not less than ninety-six per centum of the par
value  thereof,  plus accrued interest provided always that the interest
cost to maturity of the money for any issue  of  such  bonds  shall  not
exceed  six  per  centum  per  annum.  Such  bonds may be issued for any
corporate purpose of the authority.
5. Any resolution or resolutions authorizing  any  bonds  may  contain
provisions,  which  shall  be a part of the contract with the holders of
the bonds, as to (a) pledging the revenue or water rents charged by  the
authority to secure the payment of the bonds;
(b) the setting aside of reserves or sinking funds, and the regulation
and disposition thereof;
(c) limitations on the right of the authority to restrict and regulate
the  use of water and to alter or reduce rates or charges for the use of
water;
(d) limitations on the issuance of additional bonds;
(e) the application of funds and the safeguarding of funds on hand  or
on  deposit,  including  the  requiring  of  the  giving of security for
deposit of such funds by depository banks  or  trust  companies.  Unless
otherwise  provided  in  said  resolution,  all deposits of funds of the
authority shall be secured in the manner provided by  law  for  securing
deposits  of county moneys. All banks and trust companies are authorized
to give such security for such deposits;
(f) defining the acts or omissions to act  which  shall  constitute  a
default   in  the  obligations  and  duties  of  the  authority  to  the
bondholders and providing 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 be not inconsistent with the general laws of this state.
6. The authority shall have power from time to time 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 of  its
corporate purposes. Refunding bonds may be delivered by the authority to
the  purchasers  thereof  at  any  time prior to the date of maturity or
redemption date of the bonds proposed to be refunded, if  the  authority
shall  determine  that  such  action  shall  be  financially  sound  and
advantageous to the authority. The rate or  rates  of  interest  of  the
refunding  bonds  shall  not be limited by the rate or rates of interest
borne by any of the bonds to be refunded by such bonds, but all  of  the
provisions  of  this  section with reference to the sale of bonds of the
authority, and the interest  cost  of  the  money  raised  by  the  sale
thereof, shall apply to such refunding bonds.
7.  Except  as  may  be otherwise expressly provided by the authority,
every issue of bonds by  the  authority  shall  be  general  obligations
payable  out  of  any  moneys,  earnings  or  revenues of the authority,
subject only to any agreements with  the  holders  of  particular  bonds
pledging any particular moneys, earnings or revenues.
8.  Neither  the members of the authority nor any person executing the
bonds shall be personally liable on the  bonds  or  be  subject  to  any
personal  liability or accountability by reason of the issuance thereof.
The authority shall have power, out of any funds available therefor,  to
purchase  (as  distinguished  from  the  power of redemption hereinabove
provided) any bonds issued by it  at  a  price  of  not  more  than  the
principal  amount thereof or the redemption price at which the bonds may
be redeemed at the next ensuing redemption date  and  accrued  interest.
All bonds so purchased shall be cancelled.
9.  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.