Bill Text: NY A09629 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to bonds of the Ogdensburg Bridge Authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-12 - print number 9629a [A09629 Detail]

Download: New_York-2013-A09629-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9629
                                 I N  A S S E M B L Y
                                     May 13, 2014
                                      ___________
       Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to bonds of  the
         Ogdensburg  Bridge Authority; and to repeal certain provisions of such
         law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 706 of the public authorities law is REPEALED and a
    2  new section 706 is added to read as follows:
    3    S  706.  BONDS OF THE AUTHORITY. 1. THE AUTHORITY SHALL HAVE THE POWER
    4  AND IS HEREBY AUTHORIZED FROM TIME TO TIME  TO  ISSUE  BONDS,  NOTES  OR
    5  OTHER OBLIGATIONS TO PAY THE COST OF ANY PROJECT OR FOR ANY OTHER CORPO-
    6  RATE  PURPOSE,  INCLUDING THE ESTABLISHMENT OF RESERVES TO SECURE BONDS,
    7  THE PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE  BONDS
    8  AND  THE  PAYMENT  OF  INCIDENTAL EXPENSES IN CONNECTION THEREWITH.  THE
    9  AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS,  NOTES  OR  OTHER  OBLIGATIONS
   10  SHALL  NOT EXCEED TWO HUNDRED MILLION DOLLARS, EXCLUDING BONDS, NOTES OR
   11  OTHER OBLIGATIONS ISSUED TO REFUND OR OTHERWISE REPAY  BONDS,  NOTES  OR
   12  OTHER OBLIGATIONS THEREFORE ISSUED FOR SUCH PURPOSES; PROVIDED, HOWEVER,
   13  THAT UPON ANY SUCH REFUNDING OR REPAYMENT OF THE TOTAL AGGREGATE PRINCI-
   14  PAL  AMOUNT  OF  OUTSTANDING  BONDS,  NOTES  OR OTHER OBLIGATIONS MAY BE
   15  GREATER THAN TWO HUNDRED MILLION DOLLARS ONLY IF THE  PRESENT  VALUE  OF
   16  THE  AGGREGATE  DEBT SERVICE OF THE FUNDING OR REPAYMENT BONDS, NOTES OR
   17  OTHER OBLIGATIONS TO BE ISSUED SHALL NOT EXCEED THE PRESENT VALUE OF THE
   18  AGGREGATE DEBT SERVICE OF THE BONDS, NOTES OR OTHER  OBLIGATIONS  TO  BE
   19  REFUNDED  OR REPAID. FOR PURPOSES OF THIS SECTION, THE PRESENT VALUES OF
   20  THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS, NOTES OR
   21  OTHER OBLIGATIONS AND OF THE AGGREGATE DEBT SERVICE OF THE BONDS,  NOTES
   22  OR  OTHER  OBLIGATIONS  SO  REFUNDED  OR  REPAID, SHALL BE CALCULATED BY
   23  UTILIZING THE EFFECTIVE INTEREST RATE  OF  THE  REFUNDING  OR  REPAYMENT
   24  BONDS,  NOTES  OR OTHER OBLIGATIONS, WHICH SHALL BE THAT RATE ARRIVED AT
   25  BY DOUBLING THE SEMI-ANNUAL  INTEREST  RATE  (COMPOUNDED  SEMI-ANNUALLY)
   26  NECESSARY  TO  DISCOUNT  THE  DEBT  SERVICE PAYMENTS ON THE REFUNDING OR
   27  REPAYMENT BONDS, NOTES OR OTHER OBLIGATIONS FROM THE PAYMENT DATES THER-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14665-01-4
       A. 9629                             2
    1  EOF TO THE DATE OF ISSUE OF THE REFUNDING OR REPAYMENT BONDS,  NOTES  OR
    2  OTHER  OBLIGATIONS  AND  TO  THE  PRICE  BID INCLUDING ESTIMATED ACCRUED
    3  INTEREST OR PROCEEDS  RECEIVED  BY  THE  AUTHORITY  INCLUDING  ESTIMATED
    4  ACCRUED  INTEREST  FROM THE SALE THEREOF. THE AUTHORITY SHALL HAVE POWER
    5  AND IS HEREBY AUTHORIZED TO ENTER INTO SUCH AGREEMENT AND  PERFORM  SUCH
    6  ACTS  AS  MAY  BE  REQUIRED  UNDER ANY APPLICABLE FEDERAL LEGISLATION TO
    7  SECURE A FEDERAL GUARANTEE OF ANY BONDS.
    8    2. THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME TO RENEW BONDS  OR
    9  TO  ISSUE  RENEWAL  BONDS FOR SUCH PURPOSE, TO ISSUE BONDS TO PAY BONDS,
   10  AND, WHENEVER IT DEEMS REFUNDING EXPEDIENT, TO REFUND ANY  BOND  BY  THE
   11  ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT
   12  MATURED, AND MAY ISSUE BONDS PARTLY TO REFUND BONDS THEN OUTSTANDING AND
   13  PARTLY  FOR  ANY  OTHER CORPORATE PURPOSE OF THE AUTHORITY. BONDS ISSUED
   14  FOR REFUNDING PURPOSES SHALL BE SOLD AND THE  PROCEEDS  APPLIED  TO  THE
   15  PURCHASE, REDEMPTION OR PAYMENT OF THE BONDS OR NOTES TO BE REFUNDED.
   16    3. BONDS ISSUED BY THE AUTHORITY MAY BE GENERAL OBLIGATIONS SECURED BY
   17  THE  FAITH  AND  CREDIT  OF  THE AUTHORITY OR MAY BE SPECIAL OBLIGATIONS
   18  PAYABLE SOLELY OUT OF PARTICULAR REVENUES OR  OTHER  MONEYS  AS  MAY  BE
   19  DESIGNATED  IN  THE  PROCEEDINGS  OF THE AUTHORITY UNDER WHICH THE BONDS
   20  SHALL BE AUTHORIZED TO BE ISSUED, SUBJECT AS TO  PRIORITY  ONLY  TO  ANY
   21  AGREEMENTS WITH THE HOLDERS OF OUTSTANDING BONDS PLEDGING ANY PARTICULAR
   22  PROPERTY,  REVENUES  OR  MONEYS.  THE AUTHORITY MAY ALSO ENTER INTO LOAN
   23  AGREEMENTS, LINES OF CREDIT AND OTHER SECURITY AGREEMENTS AND OBTAIN FOR
   24  OR ON ITS BEHALF LETTERS OF CREDIT, INSURANCE, GUARANTEES OR OTHER CRED-
   25  IT ENHANCEMENTS TO THE EXTENT NOW OR HEREAFTER AVAILABLE, IN  EACH  CASE
   26  FOR  SECURING  ITS BONDS OR TO PROVIDE DIRECT PAYMENT OF ANY COSTS WHICH
   27  THE AUTHORITY IS AUTHORIZED TO PAY.
   28    4. (A) BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHORITY, BE IN
   29  SUCH DENOMINATIONS AND BEAR SUCH DATE OR DATES AND MATURE AT  SUCH  TIME
   30  OR  TIMES,  AS  SUCH  RESOLUTION  MAY  PROVIDE,  PROVIDED THAT BONDS AND
   31  RENEWALS THEREOF SHALL MATURE WITHIN  THIRTY  YEARS  FROM  THE  DATE  OF
   32  ORIGINAL ISSUANCE OF ANY SUCH BONDS.
   33    (B)  BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR INTEREST
   34  AT SUCH RATE OR RATES, BE PAYABLE AT SUCH TIMES, BE IN SUCH FORM, EITHER
   35  COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
   36  SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE OR PLAC-
   37  ES, AND BE SUBJECT TO SUCH TERMS AND CONDITIONS AS SUCH  RESOLUTION  MAY
   38  PROVIDE.
   39    (C)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF LAW, THE BONDS OF THE
   40  AUTHORITY ISSUED PURSUANT TO THIS SECTION SHALL BE SOLD  TO  THE  BIDDER
   41  OFFERING  THE  LOWEST  TRUE INTEREST COST, TAKING INTO CONSIDERATION ANY
   42  PREMIUM OR DISCOUNT NOT LESS THAN  FOUR  NOR  MORE  THAN  FIFTEEN  DAYS,
   43  SUNDAYS  EXCEPTED,  AFTER  A  NOTICE  OF SUCH SALE HAS BEEN PUBLISHED AT
   44  LEAST ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA  SERVED  BY
   45  THE  AUTHORITY AND ON THE AUTHORITY WEBSITE, WHICH SHALL STATE THE TERMS
   46  OF THE SALE. THE TERMS OF THE SALE MAY NOT CHANGE UNLESS NOTICE OF  SUCH
   47  CHANGE  IS  PUBLISHED  IN SUCH NEWSPAPER AND ON THE AUTHORITY WEBSITE AT
   48  LEAST ONE DAY PRIOR TO THE DATE OF THE SALE AS SET FORTH IN THE ORIGINAL
   49  NOTICE OF SALE. ADVERTISEMENTS SHALL CONTAIN A PROVISION TO  THE  EFFECT
   50  THAT  THE  AUTHORITY, IN ITS DISCRETION, MAY REJECT ANY OR ALL BIDS MADE
   51  IN PURSUANCE OF SUCH ADVERTISEMENTS, AND IN THE EVENT OF SUCH REJECTION,
   52  THE AUTHORITY IS AUTHORIZED TO NEGOTIATE A PRIVATE  OR  PUBLIC  SALE  OR
   53  RE-ADVERTISE  FOR  BIDS  IN  THE FORM AND MANNER ABOVE DESCRIBED AS MANY
   54  TIMES AS, IN ITS JUDGMENT, MAY BE NECESSARY  TO  EFFECT  A  SATISFACTORY
   55  SALE.
       A. 9629                             3
    1    (D) NOTWITHSTANDING THE PROVISIONS OF THE PRECEDING PARAGRAPH, WHENEV-
    2  ER  IN THE JUDGMENT OF THE AUTHORITY THE INTERESTS OF THE AUTHORITY WILL
    3  BE SERVED THEREBY, THE MEMBERS OF THE AUTHORITY, ON THE  WRITTEN  RECOM-
    4  MENDATION  OF  THE  CHAIRPERSON, MAY AUTHORIZE THE SALE OF SUCH BONDS AT
    5  PRIVATE  OR PUBLIC SALE ON A NEGOTIATED BASIS OR ON EITHER A COMPETITIVE
    6  OR NEGOTIATED BASIS. THE AUTHORITY SHALL SET  GUIDELINES  GOVERNING  THE
    7  TERMS AND CONDITIONS OF ANY SUCH PRIVATE OR PUBLIC SALES.
    8    (E)  THE  PRIVATE  OR PUBLIC BOND SALE GUIDELINES SET BY THE AUTHORITY
    9  SHALL INCLUDE, BUT NOT BE LIMITED TO A REQUIREMENT THAT WHERE THE INTER-
   10  ESTS OF THE AUTHORITY WILL BE SERVED BY A  PRIVATE  OR  PUBLIC  SALE  OF
   11  BONDS,  THE  AUTHORITY  SHALL  SELECT UNDERWRITERS FOR PRIVATE OR PUBLIC
   12  BOND SALES CONDUCTED PURSUANT TO A REQUEST FOR PROPOSAL  PROCESS  UNDER-
   13  TAKEN  AT LEAST ONCE ANNUALLY AND CONSIDERATION OF PROPOSALS FROM QUALI-
   14  FIED UNDERWRITERS TAKING INTO ACCOUNT, AMONG  OTHER  THINGS,  QUALIFICA-
   15  TIONS  OF  UNDERWRITERS AS TO EXPERIENCE, THEIR ABILITY TO STRUCTURE AND
   16  SELL AUTHORITY BOND ISSUES, ANTICIPATED  COSTS  TO  THE  AUTHORITY,  THE
   17  PRIOR EXPERIENCE OF THE AUTHORITY WITH THE FIRM, IF ANY, THE CAPITALIZA-
   18  TION  OF SUCH FIRMS, PARTICIPATION OF QUALIFIED MINORITY AND WOMEN-OWNED
   19  BUSINESS ENTERPRISE FIRMS IN SUCH PRIVATE OR PUBLIC SALES  OF  BONDS  OF
   20  THE  AUTHORITY  AND  THE EXPERIENCE AND ABILITY OF FIRMS UNDER CONSIDER-
   21  ATION TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES  SO  AS
   22  TO PROMOTE AND ASSIST PARTICIPATION BY SUCH ENTERPRISES.
   23    (F) THE AUTHORITY SHALL HAVE THE POWER FROM TIME TO TIME TO AMEND SUCH
   24  PRIVATE  BOND  SALE GUIDELINES IN ACCORDANCE WITH THE PROVISIONS OF THIS
   25  SUBDIVISION.
   26    (G) NO PRIVATE OR PUBLIC BOND SALE ON  A  NEGOTIATED  BASIS  SHALL  BE
   27  CONDUCTED  BY  THE  AUTHORITY  WITHOUT PRIOR APPROVAL OF THE STATE COMP-
   28  TROLLER.
   29    (H) THE AUTHORITY SHALL ANNUALLY  PREPARE  AND  APPROVE  A  BOND  SALE
   30  REPORT WHICH SHALL INCLUDE THE PRIVATE OR PUBLIC BOND SALE GUIDELINES AS
   31  SPECIFIED  IN  THIS SUBDIVISION, AMENDMENTS TO SUCH GUIDELINES SINCE THE
   32  LAST PRIVATE OR PUBLIC BOND SALE REPORT, AN EXPLANATION OF THE BOND SALE
   33  GUIDELINES AND  AMENDMENTS,  AND  THE  RESULTS  OF  ANY  SALE  OF  BONDS
   34  CONDUCTED DURING THE FISCAL YEAR. SUCH BOND SALE REPORT MAY BE A PART OF
   35  ANY OTHER ANNUAL REPORT THAT THE AUTHORITY IS REQUIRED TO MAKE.
   36    (I)  THE  AUTHORITY  SHALL ANNUALLY SUBMIT ITS BOND SALE REPORT TO THE
   37  STATE COMPTROLLER AND COPIES THEREOF TO THE  SENATE  FINANCE  COMMITTEE,
   38  THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE AUTHORITY BUDGET OFFICE.
   39    (J)  THE  AUTHORITY  SHALL  MAKE AVAILABLE TO THE PUBLIC COPIES OF ITS
   40  BOND SALE REPORT UPON REASONABLE REQUEST THEREFORE.
   41    (K) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE  DEEMED  TO  ALTER,
   42  AFFECT  THE  VALIDITY  OF, MODIFY THE TERMS OF OR IMPAIR ANY CONTRACT OR
   43  AGREEMENT MADE OR ENTERED INTO IN VIOLATION OF,  OR  WITHOUT  COMPLIANCE
   44  WITH, THE PROVISIONS OF THIS SUBDIVISION.
   45    5.  ANY  RESOLUTION  OR  RESOLUTIONS AUTHORIZING BONDS OR ANY ISSUE OF
   46  BONDS MAY CONTAIN PROVISIONS WHICH MAY BE A PART OF  THE  CONTRACT  WITH
   47  THE HOLDERS OF THE BONDS THEREBY AUTHORIZED AS TO:
   48    (A) PLEDGING ALL OR ANY PART OF THE REVENUES, OTHER MONEYS OR PROPERTY
   49  OF  THE  AUTHORITY  TO  SECURE THE PAYMENT OF THE BONDS, OR ANY COSTS OF
   50  ISSUANCE THEREOF, INCLUDING BUT NOT LIMITED TO ANY  CONTRACTS,  EARNINGS
   51  OR  PROCEEDS OF ANY GRANTS TO THE AUTHORITY RECEIVED FROM ANY PRIVATE OR
   52  PUBLIC SOURCE SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS  AS  MAY  THEN
   53  EXIST:
   54    (B)  THE  SETTING  ASIDE OF RESERVES AND THE CREATION OF SINKING FUNDS
   55  AND THE REGULATION AND DISPOSITION THEREOF;
       A. 9629                             4
    1    (C) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS FROM THE SALE  OF
    2  BONDS MAY BE APPLIED;
    3    (D) THE RATES, RENTS, FEES AND OTHER CHARGES TO BE FIXED AND COLLECTED
    4  BY  THE  AUTHORITY  AND THE AMOUNT TO BE RAISED IN EACH YEAR THEREBY AND
    5  THE USE AND DISPOSITION OF REVENUES;
    6    (E) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
    7  THE USE OF THE PROJECT OR PART THEREOF IN CONNECTION  WITH  WHICH  BONDS
    8  ARE ISSUED;
    9    (F)  LIMITATIONS  ON  THE ISSUANCE OF ADDITIONAL BONDS, THE TERMS UPON
   10  WHICH ADDITIONAL BONDS MAY BE ISSUED AND SECURED AND  THE  REFUNDING  OF
   11  OUTSTANDING OR OTHER BONDS;
   12    (G)  THE  PROCEDURE,  IF  ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
   13  BONDHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF BONDS THE HOLDERS
   14  OF WHICH MUST CONSENT THERETO, AND THE MANNER IN WHICH SUCH CONSENT  MAY
   15  BE GIVEN;
   16    (H)  THE  CREATION  OF SPECIAL FUNDS INTO WHICH ANY REVENUES OR MONEYS
   17  MAY BE DEPOSITED;
   18    (I) THE TERMS AND PROVISIONS OF ANY TRUST, MORTGAGE, DEED OR INDENTURE
   19  SECURING THE BONDS UNDER WHICH THE BONDS MAY BE ISSUED;
   20    (J) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTIES,  RIGHTS,  POWERS
   21  AND DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE WHICH MAY INCLUDE ANY
   22  OR  ALL OF THE RIGHTS, POWERS OR DUTIES OF THE TRUSTEES APPOINTED BY THE
   23  BONDHOLDERS PURSUANT TO THIS TITLE AND LIMITING OR ABROGATING THE RIGHTS
   24  OF THE BONDHOLDERS TO APPOINT A TRUSTEE UNDER SUCH SECTION  OR  LIMITING
   25  THE RIGHTS, DUTIES AND POWERS OF SUCH TRUSTEE;
   26    (K)  DEFINING  THE  ACTS  OR  OMISSIONS  TO ACT WHICH MAY CONSTITUTE A
   27  DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE  BONDHOLD-
   28  ERS  AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS IN THE
   29  EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT THE APPOINTMENT OF
   30  A RECEIVER, PROVIDED, HOWEVER, THAT SUCH RIGHTS AND REMEDIES  SHALL  NOT
   31  BE  INCONSISTENT WITH THE GENERAL LAWS OF THE STATE AND OTHER PROVISIONS
   32  OF THIS TITLE;
   33    (L) LIMITATIONS ON THE POWER OF THE AUTHORITY  TO  SELL  OR  OTHERWISE
   34  DISPOSE OF ANY PROJECT OF ANY PART THEREOF;
   35    (M)  LIMITATIONS  ON  THE  AMOUNT  OF  REVENUES AND OTHER MONEYS TO BE
   36  EXPENDED FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE AUTHORI-
   37  TY;
   38    (N) THE PAYMENT OF THE PROCEED OF BONDS, REVENUES AND OTHER MONEYS  TO
   39  A TRUSTEE OR OTHER DEPOSITORY, AND FOR THE METHOD OF DISBURSEMENT THERE-
   40  OF WITH SUCH SAFEGUARDS AND RESTRICTIONS AS THE AUTHORITY MAY DETERMINE;
   41  AND
   42    (O)  ANY  OTHER MATTES OF LIKE OR DIFFERENT CHARACTER WHICH IN ANY WAY
   43  AFFECT THE SECURITY OR PROTECTION OF THE BONDS OR THE RIGHTS  AND  REME-
   44  DIES OF BONDHOLDERS.
   45    6.  IN  ADDITION  TO THE POWERS HEREIN CONFERRED UPON THE AUTHORITY TO
   46  SECURE ITS BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH  THE
   47  ISSUANCE  OF BONDS TO ADOPT RESOLUTIONS AND ENTER INTO SUCH TRUST INDEN-
   48  TURES, AGREEMENTS OR OTHER INSTRUMENTS AS THE AUTHORITY MAY DEEM  NECES-
   49  SARY,  CONVENIENT  OR DESIRABLE CONCERNING THE USE OR DISPOSITION OF ITS
   50  REVENUES OR OTHER MONEYS OR PROPERTY, INCLUDING THE  MORTGAGING  OF  ANY
   51  PROPERTY  AND THE ENTRUSTING, PLEDGING OR CREATION OF ANY OTHER SECURITY
   52  INTEREST IN ANY SUCH REVENUES, MONEYS OR PROPERTY AND THE DOING  OF  ANY
   53  ACT,  INCLUDING  REFRAINING FROM DOING ANY ACT WHICH THE AUTHORITY WOULD
   54  HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH  RESOLUTIONS,  TRUST  INDEN-
   55  TURES,  AGREEMENTS  OR  OTHER  INSTRUMENTS. THE AUTHORITY SHALL HAVE THE
   56  POWER TO ENTER INTO AMENDMENTS OF ANY  SUCH  RESOLUTIONS,  TRUST  INDEN-
       A. 9629                             5
    1  TURES,  AGREEMENTS  OR  OTHER  INSTRUMENTS.  THE  PROVISIONS OF ANY SUCH
    2  RESOLUTIONS, TRUST INDENTURES, AGREEMENTS OR OTHER  INSTRUMENTS  MAY  BE
    3  MADE A PART OF THE CONTRACT WITH THE HOLDERS OF BONDS OF THE AUTHORITY.
    4    7.  ANY  PROVISION  OF  THE  UNIFORM  COMMERCIAL  CODE TO THE CONTRARY
    5  NOTWITHSTANDING, ANY PLEDGE OF OR OTHER SECURITY INTEREST  IN  REVENUES,
    6  MONEYS, ACCOUNTS, CONTRACT RIGHTS, GENERAL INTANGIBLES OR OTHER PERSONAL
    7  PROPERTY  MADE  OR  CREATED BY THE AUTHORITY SHALL BE VALID, BINDING AND
    8  PERFECTED FROM THE TIME WHEN SUCH  PLEDGE  IS  MADE  OR  OTHER  SECURITY
    9  INTEREST  ATTACHES  WITHOUT  ANY  PHYSICAL DELIVERY OF THE COLLATERAL OR
   10  FURTHER ACT, AND THE LIEN OF ANY SUCH PLEDGE OR OTHER SECURITY  INTEREST
   11  SHALL  BE VALID, BINDING AND PERFECTED AGAINST ALL PARTIES HAVING CLAIMS
   12  OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE  AUTHORITY  IRRE-
   13  SPECTIVE  OF WHETHER OR NOT SUCH PARTIES HAVE NOTICE THEREOF. NO INSTRU-
   14  MENT BY WHICH SUCH A PLEDGE OR SECURITY  INTEREST  IS  CREATED  NOR  ANY
   15  FINANCING STATEMENT NEED BE RECORDED OR FILED.
   16    8.  WHETHER  OR  NOT THE BONDS ARE OF SUCH FORM AND CHARACTER AS TO BE
   17  NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM  COMMERCIAL  CODE,
   18  THE  BONDS  ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN THE MEANING OF
   19  AND FOR ALL THE PURPOSES OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO
   20  THE PROVISIONS OF THE BONDS FOR REGISTRATION.
   21    9. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON  EXECUTING  ITS
   22  BONDS  SHALL  BE  LIABLE  PERSONALLY  ON  ITS BONDS OR BE SUBJECT TO ANY
   23  PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
   24    10. SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST, THE
   25  AUTHORITY SHALL HAVE POWER  OUT  OF  ANY  FUNDS  AVAILABLE  THEREFOR  TO
   26  PURCHASE  BONDS OF THE AUTHORITY, WHICH SHALL THEREUPON BE CANCELLED, AT
   27  A PRICE NOT EXCEEDING: (A) IF THE BONDS ARE THEN REDEEMABLE, THE REDEMP-
   28  TION PRICE THEN APPLICABLE PLUS ACCRUED INTEREST TO  THE  NEXT  INTEREST
   29  PAYMENT  DATE;  OR  (B)  IF  THE BONDS ARE NOT THEN REDEEMABLE, THEN THE
   30  REDEMPTION PRICE APPLICABLE ON THE FIRST DATE AFTER SUCH  PURCHASE  UPON
   31  WHICH  THE  BONDS  BECOME SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO
   32  THE NEXT INTEREST PAYMENT DATE. BONDS SO PURCHASED  SHALL  THEREUPON  BE
   33  CANCELLED.
   34    S 2. This act shall take effect immediately.
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