S. 1394 2 A. 3953
future development on the island, including the provision of additional
housing, commercial, civic, recreational and other facilities; (c) [it
is in the public interest for] the urban development corporation [to
transfer] HAS TRANSFERRED all of its rights and obligations with respect
to the development, operation and supervision of both such existing and
such proposed development to a public benefit corporation which [shall
be] HAS BEEN under the supervision of the commissioner of housing and
community renewal; and (d) it is in the public interest that [such a]
THE public benefit corporation plan, design, develop, operate, maintain
and manage Roosevelt Island, [that such corporation] AND have vested in
it such powers as are necessary or convenient to effectuate those func-
tions and that the division of housing and community renewal be author-
ized to assist such corporation in the performance of its duties with
respect to Roosevelt Island.
S 2. DEFINITIONS. As used in this act, the following terms shall have
the following meanings:
1. "City" shall mean the city of New York.
2. "Commissioner" shall mean the commissioner of housing and community
renewal.
3. "COMMUNITY ELECTION" SHALL MEAN AN ELECTION HELD ON ROOSEVELT
ISLAND FOR THE PURPOSE OF ELECTING THE PUBLIC MEMBERS TO THE ROOSEVELT
ISLAND OPERATING CORPORATION AS REQUIRED BY SECTION THREE OF THIS ACT.
COMMUNITY ELECTIONS ARE TO BE HELD AT THE SAME TIME AS A GENERAL
ELECTION EVERY THIRD YEAR OR SUCH OTHER TIME AS SHALL BE ESTABLISHED IN
THE BY-LAWS. SUCH COMMUNITY ELECTION SHALL BE CONDUCTED IN ACCORDANCE
WITH PROCEDURES ESTABLISHED IN THE BY-LAWS. THE CORPORATION SHALL
SELECT AN ENTITY TO BE RESPONSIBLE FOR CONDUCTING, MONITORING AND CERTI-
FYING THE ELECTION, EXCEPT IN THE INITIAL ELECTION. FOR THE INITIAL
ELECTION, THE EXISTING BOARD SHALL SELECT AN ENTITY EXPERIENCED IN
CONDUCTING SHAREHOLDER ELECTIONS TO BE RESPONSIBLE FOR CONDUCTING, MONI-
TORING AND CERTIFYING THE ELECTION.
4. "Corporation" shall mean the Roosevelt Island operating corporation
created by section three of this act.
[4.] 5. "Development subleases" shall mean (a) the sublease dated
August [first, nineteen hundred eighty] 1, 1980 between the urban devel-
opment corporation and the city, (b) the ground lease, dated October
[thirtieth, nineteen hundred seventy-two] 30, 1972, between the urban
development corporation and North Town Phase II Houses, Inc., (c) the
ground lease, dated April [twenty-fifth, nineteen hundred seventy-three]
25, 1973, between the urban development corporation and North Town Phase
III Houses, Inc., [and] (d) the restated ground lease, dated November
[thirtieth, nineteen hundred seventy-seven] 30, 1977, between the urban
development corporation and Rivercross Tenants' Corporation, (E) THE
GROUND LEASE BETWEEN THE CORPORATION AND MANHATTAN PARK DATED AUGUST 4,
1986, (F) THE GROUND LEASE BETWEEN THE CORPORATION AND RELATED AND
HUDSON COMPANIES DATED DECEMBER 21, 2001, (G) THE SUBLEASE BETWEEN THE
CORPORATION AND MEPT OCTAGON, LLC DATED NOVEMBER 3, 2004, AND (H) ALL
OTHER RELATED LEASES.
[5.] 6. "Division" shall mean the New York state division of housing
and community renewal.
[6.] 7. "Lease" shall mean the lease, dated December [twenty-third,
nineteen hundred sixty-nine] 23, 1969, as heretofore or hereafter
amended, among the city of New York, the New York state urban develop-
ment corporation and the Roosevelt Island development corporation,
pursuant to which the city leased substantially all of Roosevelt Island
to the New York state urban development corporation for development
S. 1394 3 A. 3953
substantially in accordance with the development plan referred to there-
in.
[7.] 8. "RESIDENT" SHALL MEAN, FOR THE PURPOSE OF THIS ACT, A PERSON
OVER THE AGE OF EIGHTEEN RESIDING ON ROOSEVELT ISLAND FOR A PERIOD OF
NOT LESS THAN ONE YEAR IMMEDIATELY PRECEDING ANY ELECTION HELD TO SELECT
MEMBERS TO THE ROOSEVELT ISLAND OPERATING CORPORATION BOARD INCLUDING
ANY ELECTION HELD TO FILL A VACANCY TO THE ROOSEVELT ISLAND OPERATING
CORPORATION BOARD AS REQUIRED BY SUBDIVISION TWO OF SECTION THREE OF
THIS ACT.
9. "Roosevelt Island" shall mean the island located in the East River,
city and county of New York, extending from approximately fiftieth
street to eighty-sixth street in Manhattan.
[8.] 10. "Safe affordable housing for everyone, inc." shall mean the
New York corporation organized under article [six-A] 6-A of the private
housing finance law and under the supervision and control of the commis-
sioner.
[9.] 11. "Tramway franchise" shall mean the franchise for the Roose-
velt Island tramway granted by the city to the urban development corpo-
ration on February [nineteenth, nineteen hundred seventy-four] 19, 1974.
[10.] 12. "Urban development corporation" shall mean the New York
state urban development corporation AND ANY SUCCESSOR AGENCY.
S 3. ESTABLISHMENT OF CORPORATION; ORGANIZATION OF BOARD. 1. To
effectuate the purposes and provisions of this act, there is hereby
created the "Roosevelt Island operating corporation", which shall be a
body corporate and politic constituting a public benefit corporation and
a political subdivision of the state of New York.
2. The board of directors of the corporation shall be composed of nine
members. One member shall be the commissioner, who shall serve as the
chair; one member shall be the director of the budget; and THERE SHALL
BE seven public members [shall be appointed by the governor with the
advice and consent of the senate. Of the seven public members, two
members, one of whom shall], TWO OF WHOM SHALL BE APPOINTED BY THE MAYOR
OF THE CITY; AT LEAST ONE OF THE MAYOR'S APPOINTEES SHALL be a resident
of Roosevelt Island[, shall be appointed upon the recommendation of the
mayor of the city; and four additional members shall be residents of
Roosevelt Island. Each member]. THE REMAINING FIVE PUBLIC MEMBERS SHALL
BE RESIDENTS AND SHALL BE ELECTED IN A COMMUNITY ELECTION. THE INITIAL
COMMUNITY ELECTION SHALL BE HELD ON THE DATE OF THE FIRST GENERAL
ELECTION NEXT SUCCEEDING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND NINE WHICH AMENDED THIS SUBDIVISION, AND THE FIRST MEET-
ING OF EACH NEWLY ELECTED BOARD FOR THE PURPOSE OF ASSUMING THE OFFICE
ITSELF SHALL BE HELD WITHIN TEN DAYS FOLLOWING SUCH ELECTION. EX-OFFI-
CIO MEMBERS SHALL SERVE AS LONG AS THEY SHALL HOLD OFFICE, PUBLIC
MEMBERS APPOINTED BY THE MAYOR SHALL SERVE AT THE PLEASURE OF THE MAYOR,
OTHER MEMBERS shall serve for a term of [four] THREE years and until
[his or her] A successor shall have been appointed and shall have quali-
fied[, except that (a) two of the initial public members appointed by
the governor, one of whom is a resident of Roosevelt Island, and the
Roosevelt Island resident member appointed upon the recommendation of
the mayor of the city shall serve for terms of two years each, and (b)
the commissioner and the director of the budget shall serve so long as
they continue to hold their respective offices]. Any action taken by
the directors of the corporation shall be taken by majority vote of the
directors then in office. VACANCIES THAT OCCUR IN THE BOARD'S FIVE
ELECTED MEMBERS SHALL BE FILLED BY A RESIDENT APPOINTED BY THE MAYOR ON
AN INTERIM BASIS UNTIL THE FOLLOWING COMMUNITY ELECTION. The elected
S. 1394 4 A. 3953
public officials who represent Roosevelt Island shall be representatives
to the board of directors of the corporation entitled to receive notice
of and attend all meetings of such board AND BE PROVIDED WITH ALL INFOR-
MATION RECEIVED BY THE MEMBERS FOR ALL AGENDA ITEMS but shall not be
entitled to vote. Failure to give such notice shall not [effect] AFFECT
the validity of any action taken at a meeting of such board. ALL MEET-
INGS OF THE BOARD OF DIRECTORS OR ANY COMMITTEE OF THE BOARD SHALL BE
SUBJECT TO THE OPEN MEETINGS LAW.
3. [The governor may fill any vacancy which occurs on the board of
directors of the corporation in a manner consistent with the original
appointment.] Any RESIDENT MAY FILE NOTICE OF HIS OR HER CANDIDACY AS A
PUBLIC MEMBER WITH THE BOARD OF DIRECTORS NOT MORE THAN 30 DAYS NOR LESS
THAN 15 DAYS PRIOR TO THE DATE SET FOR THE COMMUNITY ELECTION, OR AS
OTHERWISE PROVIDED IN BY-LAWS ADOPTED BY THE BOARD OF DIRECTORS AFTER
THE FIRST COMMUNITY ELECTION.
4. ANY PUBLIC member of the corporation may be removed [by the gover-
nor] for cause, UPON A TWO-THIRDS VOTE OF THE REMAINING BOARD MEMBERS,
but not without an opportunity to be heard, in person or by counsel, in
his OR HER defense, upon not less than ten days' written notice.
[4.] 5. The commissioner and the director of the budget may each
designate an officer or employee of his OR HER respective division to
represent such member at meetings of the corporation. Such designation
shall be by written notice filed with the chairman or the secretary of
the corporation by the member making the designation, and may be revoked
at any time by similar notice. Any representative so designated shall
have the power to attend and to vote at any meeting of the corporation
from which the member making the designation is absent with the same
force and effect as if the member making the designation were present
and voting. No such designation shall limit the right of the member
making the designation to attend and vote in person at any meeting of
the corporation.
[5.] 6. A member of the corporation who is not an officer or employee
of the state or the city shall not receive a salary or other compen-
sation, but shall be entitled to reimbursement for actual and necessary
expenses incurred in the performance of official duties as a member. A
member of the corporation who is not an officer or employee of the state
or the city may engage in private employment, or in a profession or
business, unless otherwise prohibited by law from doing so. Notwith-
standing any other provision of law, general, special, or local, no
officer or employee of the state or any civil division thereof shall be
deemed to have forfeited, or shall forfeit such office of employment
because of acceptance of membership in the corporation, or by virtue of
being an officer, employee or agent thereof.
S 4. POWERS OF CORPORATION. The corporation's powers shall be limited
to carrying out the development, management and operation of Roosevelt
Island. In carrying out such development, management and operation, the
corporation shall have the power to:
1. Sue and be sued;
2. Have a seal and alter the same at pleasure;
3. Make and alter by-laws for its organization and internal management
and make rules and regulations governing the use of its property and
facilities;
4. Make and execute contracts and all other instruments necessary or
convenient for the exercise of its powers and functions under this act;
PROVIDED, HOWEVER, THAT THE CORPORATION SHALL BE CONSIDERED A CORPO-
S. 1394 5 A. 3953
RATION AS THAT TERM IS USED IN SECTION 2879 OF THE PUBLIC AUTHORITIES
LAW;
5. Acquire in the name of the corporation by purchase, grant or gift,
or by the exercise of the power of eminent domain pursuant to the
eminent domain procedure law, or otherwise, real or personal property,
or any interest therein deemed necessary or desirable for the develop-
ment, management or operation of Roosevelt Island, including, without
limitation, leasehold interest, air and subsurface rights, easements and
lands under water at the site of Roosevelt Island or in the general
vicinity thereof, and to subject such property or interest therein to a
purchase money or other lien or security interest in connection with the
acquisition and development thereof, provided that the corporation shall
have no authority or power to issue any notes, bonds or other debt obli-
gations, whether for the purpose of financing the development of Roose-
velt Island or otherwise;
6. Hold and dispose of real or personal property for its corporate
purposes;
7. Appoint officers, agents and employees, prescribe their duties and
fix their compensation in accordance with a staffing and compensation
plan [submitted to and] approved by the [director of the budget] BOARD
OF DIRECTORS; AND SHALL HIRE A GENERAL MANAGER WITH BROAD, GENERAL MANA-
GERIAL EXPERIENCE, WHO SHALL BE RESPONSIBLE TO THE BOARD FOR CARRYING
OUT THE POLICIES OF THE BOARD;
8. Engage the services of private consultants on a contract basis for
rendering professional and technical assistance advice;
9. Procure insurance against any loss in connection with its activ-
ities, properties and other assets, in such amount and from such insur-
ers as it deems desirable;
10. Charge and collect fees, rents and other charges for the occupancy
or other use of real or personal property or facilities owned, operated,
managed or regulated by the corporation;
11. Accept any gifts or grants of money or property, or financial or
other aid in any form, from the federal government, the state, or the
city (or any instrumentality of any such government) or from any other
source and, subject to the provisions of this act and other applicable
law, to comply with any conditions of such assistance and execute any
contracts or other instruments in connection therewith;
12. Invest any funds of the corporation, or any other monies under its
custody and control not required for immediate use or disbursement, at
the discretion of the corporation, in obligations of the state or the
United States government or obligations the principal and interest of
which are guaranteed by the state or the United States government, or in
any other obligations in which the comptroller of the state is author-
ized to invest pursuant to section [ninety-eight] 98 of the state
finance law;
13. Enter into such agreements with the state, the urban development
corporation and the city as the parties thereto deem appropriate to
effectuate the provisions of this act;
14. Assume and perform the obligations and responsibilities of the
urban development corporation under the lease, the tramway franchise,
and all other contracts, leases, and agreements heretofore entered into
by the urban development corporation relating to the development,
management and operation of Roosevelt Island (except that the corpo-
ration shall not assume any of the rights, duties and responsibilities
of the urban development corporation in relation to any bonds or notes
issued, or mortgages or security agreements held, by the urban develop-
S. 1394 6 A. 3953
ment corporation or any of its subsidiaries) and exercise all of the
rights of the urban development corporation with respect thereto; [and]
15. SUPPLEMENT ANY OF THE SERVICES PROVIDED BY OTHER GOVERNMENTAL
AGENCIES IN SUCH A WAY THAT WILL MAKE THE SERVICES TO RESIDENTS OF
ROOSEVELT ISLAND BETTER AND MORE COMPLETE THAN OTHERWISE POSSIBLE; AND
16. Do and perform all other acts necessary or convenient to carry out
the foregoing in connection with the development, management or opera-
tion of Roosevelt Island.
S 5. RULES AND REGULATIONS; APPROVAL OF DEVELOPMENT PLAN AMENDMENTS;
APPLICABILITY OF LOCAL LAWS. 1. The corporation shall promulgate such
rules and regulations as it shall deem appropriate to provide an oppor-
tunity for residents of Roosevelt Island to comment upon any major
amendment of the development plan for Roosevelt Island referred to in
the lease at a public hearing held prior to its adoption by the corpo-
ration.
2. [Any amendment of the development plan for Roosevelt Island
referred to in the lease shall be subject to the review and approval of
the director of the budget, and the corporation] THE CORPORATION shall
not enter into any agreement for the design or construction of any
improvement provided for in any [such] amendment TO THE DEVELOPMENT PLAN
FOR ROOSEVELT ISLAND prior to [such] approval BY THE BOARD OF DIRECTORS.
3. The requirements of all local laws, ordinances, codes, charters or
regulations shall be applicable to the construction, alteration or
improvement of any building or structure on Roosevelt Island[, provided
that the corporation may, in lieu of such compliance, determine that the
requirements of the New York state uniform fire prevention and building
code, formulated by the state fire prevention and building code council
pursuant to article eighteen of the executive law, shall be applicable
to such work. In the event of such compliance with the New York state
uniform fire prevention and building code, the city shall have no power
to modify any drawings, plans or specifications for such work or for the
plumbing, heating, lighting or other mechanical branches thereof, or to
require that any person, firm or corporation employed on any such work
perform the same except as provided by such plans and specifications or
obtain any additional authority, approval, permit or certificate from
the city in connection therewith].
S 6. POWERS AND DUTIES OF URBAN DEVELOPMENT CORPORATION; LEASE AND
TRAMWAY FRANCHISE. 1. The corporation shall perform all obligations of
the urban development corporation or any of its subsidiaries with
respect to the development, management and operation of Roosevelt
Island, including, without limitation, all such obligations arising
under the lease and the tramway franchise.
2. The urban development corporation, the division and the corporation
shall each use their best efforts to obtain any required consents to the
assignment of the lease and the tramway franchise from the urban devel-
opment corporation to the corporation and to any other assumption by the
corporation of the obligations of the urban development corporation or
any of its subsidiaries under any other contracts, leases, agreements or
instruments entered into by the urban development corporation, or any
such subsidiary, relating to the development, management or operation of
Roosevelt Island (other than any bonds or notes issued, or mortgages or
security agreements held, by the urban development corporation or any of
its subsidiaries) and, upon obtaining such consents, the corporation and
the urban development corporation shall enter into such agreements and
take such actions as shall be necessary to effectuate such assignments
and assumptions, provided that in order to permit the urban development
S. 1394 7 A. 3953
corporation to recover the investment which it has heretofore made in
the development of Roosevelt Island, such agreements shall provide
appropriate assurances satisfactory to the urban development corporation
(a) for the prompt payment directly to the urban development corporation
of (i) all sums from time to time due from lessees under the development
subleases and (ii) all sums received by the corporation from the city in
connection with the termination of the lease, and (b) for the amending
or supplementing of the development subleases to the extent, if any,
necessary to protect the rights of the holders of any mortgages on the
leasehold interests created thereunder. Nothing in this act shall (a)
constitute or authorize an assignment by the urban development corpo-
ration (or any subsidiary thereof) of any mortgage or security interest
held by the urban development corporation (or any such subsidiary) on
any real or personal property or interest therein on Roosevelt Island or
any rights or obligations of the urban development corporation (or any
such subsidiary) arising under any such mortgage or security agreement,
(b) relieve the urban development corporation of any of its obligations
under any bonds heretofore issued by the urban development corporation,
or (c) otherwise affect the interests of the holders of any such bonds.
3. All revenues (other than state appropriations) derived from the
contracts, leases, agreements or instruments assigned to or assumed by
the corporation pursuant to subdivision two of this section shall be
applied first to the payment of those obligations assigned to or assumed
by the corporation.
4. The urban development corporation and the corporation are hereby
authorized to enter into such agreements with the city as the corpo-
ration shall determine to be appropriate to amend, reform or supplement
the lease (including the development plan referred to therein) and the
tramway franchise in order to carry out the purposes of this act. The
provisions of any general, special or local law notwithstanding, the
city is hereby authorized[, upon the approval of the board of estimate
of the city,] to enter into any such agreements with the corporation and
the urban development corporation.
S 7. EQUAL EMPLOYMENT OPPORTUNITIES. 1. The corporation shall not
discriminate against employees or applicants for employment because of
race, creed, color, national origin, sex, age, disability or marital
status, and will undertake or continue programs of affirmative action to
ensure that minority group persons and women are afforded equal employ-
ment opportunity without discrimination. Such action shall be taken with
reference, but not be limited, to recruitment, employment, job assign-
ment, promotion, upgrading, demotion, transfer, layoff, termination,
rate of pay or other forms of compensation, and selections for training
or retraining, including apprenticeship and on-the-job training. SUBJECT
TO ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT, ALL PERSONS WHO HAVE
COMPLETED A PROBATIONARY PERIOD WITH AND ARE THEN EMPLOYED BY THE CORPO-
RATION AS OF JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SECTION MAY
APPLY FOR AND SHALL BE GIVEN PREFERENCE IN FILLING POSITIONS ON THE
REVISED TABLE OF ORGANIZATION CREATED BY THE CORPORATION.
2. The corporation shall request each employment agency, labor union,
or authorized representative of workers with which it has a collective
bargaining or other agreement or understanding, to furnish a written
statement that such employment agency, labor union or representative
shall not discriminate because of race, creed, color, national origin,
sex, age, disability or marital status and that such union or represen-
S. 1394 8 A. 3953
tative will cooperate in the implementation of the corporation's obli-
gations hereunder.
3. The corporation shall state, in all solicitations or advertisements
for employees placed by or on behalf of the corporation, that all quali-
fied applicants will be afforded equal employment opportunity without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
4. The corporation shall seek meaningful participation by minority
business enterprises in the programs of the corporation and shall
actively and affirmatively promote and assist their participation in the
corporation's programs, so as to facilitate the award of a fair share of
contracts to such enterprises. For purposes hereof, "minority business
enterprise" shall mean any business enterprise which is at least
[fifty-one] 51 per centum owned by, or in the case of publicly owned
business, at least [fifty-one] 51 per centum of the stock of which is
owned by, citizens or permanent resident aliens who are Black, Hispanic,
Asian, American Indian or women, and such ownership interest is real,
substantial and continuing.
S 8. [a.] NOTICE OF CLAIMS. 1. The state shall indemnify and hold
harmless the corporation, urban development corporation and safe afford-
able housing for everyone, inc., and pursuant to section [seventeen] 17
of the public officers law, their respective officers, directors and
employees, from and against any and all liability, claim, loss, damage,
suit or judgment and any and all costs and expenses (including, but not
limited to, counsel fees and disbursements) that such corporations or
their officers, directors or employees may suffer or incur, whether
before or after the date hereof, as a result of either (a) the develop-
ment, management or operation of Roosevelt Island or (b) the performance
or non-performance by the division of any of its obligations or duties
with respect to Roosevelt Island. All of the provisions of section
[seventeen] 17 of the public officers law which are not inconsistent
with this section shall apply to the officers, directors, and employees
of such corporations, including the provisions relating to the defense
by the attorney general or private counsel of any civil action and the
payment of legal costs incurred in connection with the defense of any
such action. Any member, officer or employee of such corporations seek-
ing to be saved harmless or indemnified or to claim any other benefits
available pursuant to this section or section [seventeen] 17 of the
public officers law shall comply with the procedural requirements of
such section [seventeen] 17. As used in this section the terms
"member", "officer" and "employee" shall include a former member, offi-
cer or employee, his estate or judicially appointed personal represen-
tative.
2. A notice of claim, served in accordance with the provisions of
section [fifty-e] 50-E of the general municipal law, shall be a condi-
tion precedent to the commencement of an action against the corporation,
its officers, directors and employees. No such action shall be commenced
more than one year after it has accrued, except that an action against
the corporation for wrongful death shall be commenced within the notice
of claim and time limitation provisions of title [eleven] 11 of article
[nine] 9 of the public authorities law.
[b. 1.] 3. Notwithstanding the provisions of section [one hundred
thirteen] 113 of the retirement and social security law and any other
general, special or local law, the Roosevelt Island operating corpo-
ration shall provide to persons employed by the Roosevelt Island operat-
ing corporation any retirement, disability, death or other benefits
S. 1394 9 A. 3953
provided or required pursuant to any agreement with a labor union of
which its employees are members, and the Roosevelt Island operating
corporation is hereby authorized to retroactively or in the future make
such contributions as may be necessary to provide such benefits.
[2.] 4. For purposes of the retirement and social security law,
persons employed by the Roosevelt Island operating corporation and to
whom the Roosevelt Island operating corporation provides any retirement,
disability, death and other benefits required pursuant to any agreement
with a labor union of which its employees are members, shall be deemed
not to be employees of the Roosevelt Island operating corporation. Such
other persons who are employees of the Roosevelt Island operating corpo-
ration as of the effective date of this act shall be eligible to receive
credit under the retirement and social security law for previous service
with the entities (or where applicable, their subsidiaries) made subject
to section [seventeen] 17 of the public officers law by subdivision [a]
ONE of this section.
S 9. ANNUAL BUDGET AND REPORT. 1. On or before September [fifteenth,
nineteen hundred eighty-four] 15, 1984 and on each September fifteenth
thereafter, the [chairman] GENERAL MANAGER of the corporation shall make
and deliver to the director of the budget for his OR HER review AND TO
THE BOARD OF DIRECTORS a proposed budget for the operation of the corpo-
ration for the next fiscal year of the state. The [chairman] CHAIR of
the corporation shall also deliver a copy of such budget to the [chair-
man] CHAIR of the senate finance committee and the [chairman] CHAIR of
the assembly ways and means committee at the same time that the budget
is delivered to the director of the budget. The budget shall include the
total amount needed for corporate purposes, including the funds required
by the corporation for operation of Roosevelt Island facilities and
improvements, the source of all funds that the corporation expects to
receive and such other information as the director of the budget shall
require OR AS MAY BE REQUIRED BY THE BOARD OF DIRECTORS. The governor
shall recommend in his OR HER annual budget such appropriations to the
corporation for its CAPITAL NEEDS AND operations WHICH ARE IDENTIFIED IN
THE AUDITS CONDUCTED PURSUANT TO SECTION SEVENTEEN OF THIS ACT as he OR
SHE deems necessary. THE BOARD OF DIRECTORS SHALL MEET THE REQUIREMENTS
OF SUBDIVISION TWO OF THIS SECTION WITH RESPECT TO NOTICE AND A PUBLIC
HEARING BEFORE A VOTE ON THE BUDGET MAY BE HELD.
2. THE GENERAL MANAGER SHALL PUBLISH IN A PAPER OF GENERAL CIRCULATION
WITHIN THE COMMUNITY A DATE FOR A PUBLIC HEARING AND A NOTICE THAT THE
PROPOSED BUDGET IS AVAILABLE FOR PUBLIC INSPECTION. SUCH PUBLIC HEARING
ON THE BUDGET SHALL BE HELD WITHIN 30 DAYS, BUT NOT LESS THAN 15 DAYS,
AFTER THE DATE OF PUBLICATION. THE BOARD OF DIRECTORS SHALL APPROVE THE
BUDGET PRIOR TO THE BEGINNING OF THE FISCAL YEAR.
3. The [corporation] GENERAL MANAGER shall submit to the director of
the budget, [chairman] CHAIR of the senate finance committee [and chair-
man], THE CHAIR of the assembly ways and means committee AND THE BOARD
OF DIRECTORS, within ninety days after the end of its fiscal year, a
complete and detailed report setting forth (a) [its] THE CORPORATION'S
operations and accomplishments, and (b) its receipts and expenditures
during such fiscal year in accordance with categories and classifica-
tions established by the corporation, [with the approval of the director
of the budget,] for its operating and capital outlay purposes. THE
GENERAL MANAGER SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION A COPY OF
SUCH REPORT.
S 10. FUTURE MANAGEMENT STUDY. The [corporation] BOARD OF DIRECTORS
shall [also] APPOINT A COMMITTEE OF ROOSEVELT ISLAND RESIDENTS TO study
S. 1394 10 A. 3953
the future operation and management of Roosevelt Island AT LEAST ONCE
IN EACH DECADE. [Such study shall be completed by December thirty-
first, nineteen hundred eighty-five.]
S 10-a. Open space development prohibited. Notwithstanding any other
provision of this act, or any other law to the contrary, on or after the
effective date of this section, no further development or construction
for other than park purposes shall be permitted on any real property
which is identified as open space areas in the general development plan
as amended May 10, 1990 and approved by the board of estimate of the
city of New York on August 17, 1990 and referred to in the lease defined
in subdivision [six] SEVEN of section two of this act, and on such real
property shall remain open space areas for the duration of the lease
[unless such development or construction includes the reconstruction,
restoration, rehabilitation or preservation of the historic landmarks
located in such open space areas and furthers the use of the areas
surrounding the historic landmarks as open space areas]. Open space
areas, as used in this section shall INCLUDE, BUT NOT be limited to
Lighthouse park, Octagon park, Blackwell park, and South Point park.
S 11. LIABILITY FOR COMMUNITY OBLIGATIONS; TAX EXEMPTION. 1. The
obligations of the corporation shall not be debts of the state, and the
state shall not be liable thereon, and such obligations shall not be
payable out of any funds other than those of the corporation.
2. It is hereby found, determined and declared that the creation of
the corporation and the carrying out of its purposes is in all respects
for the benefit of the people of the state and is a public purpose, and
that the corporation will be performing an essential governmental func-
tion in the exercise of the powers conferred upon it by this act. The
corporation and its operations, property and moneys shall be free and
exempt from taxation of every kind by the city and the state and any
subdivision thereof. Except as hereinabove provided and except as may
otherwise specifically be provided, nothing contained in this act shall
confer exemption from any tax, assessment or fee upon any person, firm,
corporation or other entity, or upon the obligations of any of them.
3. ANY EXPENDITURES OF THE CORPORATION SHALL BE IN ACCORDANCE WITH THE
ADOPTED BUDGET OR A MODIFICATION APPROVED BY THE BOARD OF DIRECTORS.
EXPENDITURES SHALL BE MADE BY CHECK, SIGNED AS PROVIDED BY THE BY-LAWS.
S 12. DIVISION OF HOUSING AND COMMUNITY RENEWAL; ASSISTANCE AND
SERVICES. The corporation may from time to time request the division to
perform such services and render such technical assistance to the corpo-
ration with respect to the development, management or operation of
Roosevelt Island as the corporation deems necessary or convenient and
may provide for the reimbursement to the division by the corporation of
the reasonable cost of such services. The division is hereby authorized
to perform such services and render such technical assistance as may be
agreed upon between the division and the corporation pursuant to this
section. In addition, the commissioner is hereby authorized to represent
the corporation in any negotiations with the city concerning amendments
or supplements to or reformations of the lease and tramway franchise as
contemplated by section six of this act.
S 13. OPERATION OF MOTOR VEHICLES. In addition to any other power
conferred upon it by this act, the corporation is hereby authorized to
prescribe rules and regulations governing the operation (including the
parking, standing or stopping) of vehicles on Roosevelt Island; provided
however, that such rules and regulations shall not UNREASONABLY restrict
access to any city facilities situated on Roosevelt Island nor unreason-
ably restrict parking by city of New York employees, their visitors and
S. 1394 11 A. 3953
invitees IN THE IMMEDIATE VICINITY OF SUCH CITY FACILITIES. The
violation of such rules or regulations shall be an offense punishable
upon a first conviction thereof by a fine of not more than [fifty] 50
dollars, upon a second within a period of [eighteen] 18 months by a fine
of not more than [one hundred fifty] 150 dollars, and upon a third or
subsequent conviction thereof within a period of [eighteen] 18 months by
a fine of not more than [one hundred fifty] 150 dollars, or by imprison-
ment for not more than [thirty] 30 days, or by both such fine and such
imprisonment. For purposes of enforcement and administration of such
rules and regulations, including but not limited to conferring jurisdic-
tion with respect thereto upon the applicable courts and administrative
tribunals, all provisions of law relating to, and rules or regulations
of, the New York city department of transportation not inconsistent with
this act shall be applicable.
S 14. SEPARABILITY OF PROVISIONS. If any section, clause or provision
of this act or the application thereof shall be adjudged invalid, such
judgment shall not affect or invalidate any other section, clause or
provision of this act.
S 15. TRANSFER OF FUNDS. 1. Notwithstanding the provisions of any
general or special law, the director of the budget is authorized to
transfer to the corporation from funds appropriated to the division for
the fiscal year beginning April [first, nineteen hundred eighty-four] 1,
1984, the amount he determines necessary to carry out the provisions of
this act, including providing for Roosevelt Island operations, capital
improvement program and any other appropriate management expenses.
2. Notwithstanding the provisions of any general or special law, no
part of such appropriations shall be available for the purposes desig-
nated until a certificate of approval of availability shall have been
issued by the director of the budget and a copy of such certificate is
filed with the state comptroller, the [chairman] CHAIR of the senate
finance committee and the [chairman] CHAIR of the assembly ways and
means committee. Such certificate may be amended from time to time,
subject to the approval of the director of the budget, and a copy of
each such amendment shall be filed with the state comptroller, the
[chairman] CHAIR of the senate finance committee and the [chairman]
CHAIR of the assembly ways and means committee.
S 16. TRANSITIONAL RULE. IMMEDIATELY AFTER THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SECTION, AND
UNTIL THE PUBLIC MEMBERS OF THE BOARD OF DIRECTORS HAVE BEEN ELECTED IN
A COMMUNITY ELECTION, THE EXISTING BOARD OF DIRECTORS SHALL MAKE NO
CONTRACT, COMMITMENT OR OBLIGATION WITH A DURATION OF MORE THAN THREE
MONTHS.
S 17. AUDITS. ON OR BEFORE THE NINETIETH DAY FOLLOWING THE COMPLETION
OF THE FIRST COMMUNITY ELECTION PURSUANT TO SECTION THREE OF THIS ACT,
THE BOARD OF DIRECTORS, IN CONSULTATION WITH THE COMMISSIONER AND THE
DIRECTOR OF THE BUDGET, SHALL CONTRACT FOR TWO AUDITS. THE FIRST AUDIT
SHALL CONSIST OF A THOROUGH FINANCIAL AUDIT OF THE CORPORATION, INCLUD-
ING, THE PERIOD THREE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
TO THE PRESENT, AND SHALL ASSESS THE ABILITY OF THE CORPORATION TO MEET
ITS FUTURE OBLIGATIONS AND LIABILITIES WITH ANTICIPATED REVENUES. THE
SECOND AUDIT SHALL CONSIST OF AN INDEPENDENT ENGINEERING STUDY OF THE
PHYSICAL STRUCTURES, IMPROVEMENTS AND INFRASTRUCTURE WHICH THE CORPO-
RATION IS RESPONSIBLE TO OPERATE OR MAINTAIN INCLUDING A REVIEW OF ALL
EXISTING STUDIES OR OTHER DOCUMENTS AND SHALL IDENTIFY ANY MAINTENANCE
OR REPAIRS WHICH ARE REQUIRED OR COULD REASONABLY BE EXPECTED AND THE
COST OF SUCH MAINTENANCE OR REPAIRS.
S. 1394 12 A. 3953
S 18. CERTIFICATIONS. WITHIN 60 DAYS OF THE RECEIPT OF THE FINANCE
AUDIT REQUIRED BY SECTION SEVENTEEN OF THIS ACT, THE DIRECTOR OF THE
BUDGET SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE FISCAL CONDITION OF THE
CORPORATION, ITS REVENUE NEEDS TO MEET CURRENT AND FUTURE OBLIGATIONS
AND RECOMMENDATIONS FOR FUNDING ALTERNATIVES. ALSO WITHIN 60 DAYS OF
RECEIPT OF THE PHYSICAL AUDIT REQUIRED BY SECTION SEVENTEEN OF THIS ACT,
THE COMMISSIONER SHALL PROVIDE A REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY CONCERNING THE
PHYSICAL CONDITION OF ROOSEVELT ISLAND AND ITS INFRASTRUCTURE AND
IMPROVEMENTS FOR WHICH THE ISLAND IS RESPONSIBLE, AN ANALYSIS OF THE
CAPITAL FUNDING NEEDS OF THE CORPORATION AND RECOMMENDATIONS FOR FUNDING
ALTERNATIVES.
S 19. BONDS OF THE CORPORATION. 1. THE CORPORATION SHALL HAVE THE
POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE BONDS UP TO
THE AGGREGATE PRINCIPAL AMOUNT OF TWENTY-FIVE MILLION DOLLARS OUTSTAND-
ING AT ANY ONE TIME. THE CORPORATION SHALL FURTHER HAVE POWER FROM TIME
TO TIME 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 MAY ISSUE BONDS PARTLY TO REFUND BONDS THEN
OUTSTANDING AND PARTLY FOR ANY OTHER PURPOSE DESCRIBED IN THIS ACT.
BONDS OF THE CORPORATION SHALL BE REVENUE OBLIGATIONS PAYABLE FROM AND
SECURED SOLELY BY SUCH REVENUES AS THE CORPORATION DETERMINES ARE AVAIL-
ABLE THEREFOR AND UPON SUCH TERMS AND CONDITIONS AS SPECIFIED BY THE
CORPORATION IN THE RESOLUTION UNDER WHICH THE BONDS ARE ISSUED.
2. THE CORPORATION MAY ALSO ENTER INTO LOAN AGREEMENTS, LINES OF CRED-
IT AND OTHER SECURITY AGREEMENTS AND OBTAIN FOR OR ON ITS BEHALF LETTERS
OF CREDIT, INSURANCE, GUARANTEES OR OTHER CREDIT ENHANCEMENTS TO THE
EXTENT NOW OR HEREAFTER AVAILABLE, IN EACH CASE FOR SECURING ITS BONDS
OR TO PROVIDE DIRECT PAYMENT OF ANY COSTS WHICH THE CORPORATION IS
AUTHORIZED TO PAY.
3. (A) BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE BOARD OF DIREC-
TORS, BE IN SUCH DENOMINATIONS AND BEAR SUCH DATE OR DATES AND MATURE AT
SUCH TIME OR TIMES, AS SUCH RESOLUTION MAY PROVIDE, PROVIDED THAT BONDS
AND RENEWALS THEREOF SHALL MATURE WITHIN 30 YEARS FROM THE DATE OF
ORIGINAL ISSUANCE OF ANY SUCH BONDS. ANY SUCH RESOLUTION MAY DELEGATE
TO AN OFFICER OR COMMITTEE OF THE CORPORATION, AND ANY SUCH COMMITTEE
MAY DELEGATE TO AN OFFICER, THE POWER TO ISSUE SUCH BONDS FROM TIME TO
TIME AND TO FIX THE DETAILS OF ANY SUCH ISSUES OF BONDS BY AN APPROPRI-
ATE CERTIFICATE OF SUCH AUTHORIZED OFFICER.
(B) BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR INTEREST
AT SUCH RATE OR RATES, BE PAYABLE AT SUCH TIMES, 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 PLAC-
ES, AND BE SUBJECT TO SUCH TERMS AND CONDITIONS AS SUCH RESOLUTION MAY
PROVIDE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BONDS OF THE
CORPORATION ISSUED PURSUANT TO THIS SECTION SHALL BE SOLD TO THE BIDDER
OFFERING THE LOWEST TRUE INTEREST COST, TAKING INTO CONSIDERATION ANY
PREMIUM OR DISCOUNT NOT LESS THAN 4 NOR MORE THAN 15 DAYS, SUNDAY
EXCEPTED, AFTER A NOTICE OF SUCH SALE HAS BEEN PUBLISHED AT LEAST ONCE
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA SERVED BY THE CORPO-
RATION, WHICH SHALL STATE THE TERMS OF THE SALE. THE TERMS OF THE SALE
MAY NOT CHANGE UNLESS NOTICE OF SUCH CHANGE IS PUBLISHED IN SUCH NEWSPA-
PER AT LEAST ONE DAY PRIOR TO THE DATE OF THE SALE AS SET FORTH IN THE
ORIGINAL NOTICE OF SALE. ADVERTISEMENTS SHALL CONTAIN A PROVISION TO THE
EFFECT THAT THE CORPORATION, IN ITS DISCRETION, MAY REJECT ANY OR ALL
S. 1394 13 A. 3953
BIDS MADE PURSUANT TO SUCH ADVERTISEMENTS, AND IN THE EVENT OF SUCH
REJECTION, THE CORPORATION IS AUTHORIZED TO READVERTISE FOR BIDS IN THE
FORM AND MANNER ABOVE DESCRIBED AS MANY TIMES AS, IN ITS JUDGMENT, MAY
BE NECESSARY TO EFFECT SATISFACTORY SALE.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION, WHENEVER IN THE JUDGMENT OF THE AUTHORITY THE INTERESTS OF THE
CORPORATION WILL BE SERVED THEREBY, THE MEMBERS OF THE BOARD OF DIREC-
TORS, ON THE WRITTEN RECOMMENDATION OF THE CHAIRPERSON MAY AUTHORIZE THE
SALE OF SUCH BONDS AT PRIVATE OR PUBLIC SALE ON A NEGOTIATED BASIS OR ON
EITHER A COMPETITIVE OR NEGOTIATED BASIS. THE CORPORATION SHALL SET
GUIDELINES GOVERNING THE TERMS AND CONDITIONS OF ANY SUCH PRIVATE OR
PUBLIC SALES. THE PRIVATE OR PUBLIC BOND SALE GUIDELINES SET BY THE
CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, A REQUIREMENT THAT
WHERE THE INTERESTS OF THE CORPORATION WILL BE SERVED BY A PRIVATE OR
PUBLIC SALE OF BONDS, THE CORPORATION SHALL SELECT UNDERWRITERS TAKING
INTO ACCOUNT, AMONG OTHER THINGS, QUALIFICATIONS OF UNDERWRITERS AS TO
EXPERIENCE, THEIR ABILITY TO STRUCTURE AND SELL CORPORATION BOND ISSUES,
ANTICIPATED COSTS TO THE AUTHORITY, THE PRIOR EXPERIENCE OF THE AUTHORI-
TY WITH THE FIRM, IF ANY, THE CAPITALIZATION OF SUCH FIRMS, PARTIC-
IPATION OF QUALIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE FIRMS
IN SUCH PRIVATE OR PUBLIC SALES OF BONDS OF THE CORPORATION AND THE
EXPERIENCE AND ABILITY OF FIRMS UNDER CONSIDERATION TO WORK WITH MINORI-
TY AND WOMEN-OWNED BUSINESS ENTERPRISES SO AS TO PROMOTE AND ASSIST
PARTICIPATION BY SUCH ENTERPRISES.
(D) THE CORPORATION SHALL HAVE THE POWER FROM TIME TO TIME TO AMEND
SUCH PRIVATE BOND SALE GUIDELINES IN ACCORDANCE WITH THE PROVISIONS OF
THIS SUBDIVISION.
(E) NO PRIVATE OR PUBLIC BOND SALE ON A NEGOTIATED BASIS SHALL BE
CONDUCTED BY THE CORPORATION WITHOUT PRIOR APPROVAL OF THE STATE COMP-
TROLLER. THE CORPORATION SHALL ANNUALLY PREPARE AND APPROVE A BOND SALE
REPORT WHICH SHALL INCLUDE THE PRIVATE OR PUBLIC BOND SALE GUIDELINES AS
SPECIFIED IN THIS SUBDIVISION, AMENDMENTS TO SUCH GUIDELINES SINCE THE
LAST PRIVATE OR PUBLIC BOND SALE REPORT, AN EXPLANATION OF THE BOND SALE
GUIDELINES AND AMENDMENTS, AND THE RESULTS OF ANY SALE OF BONDS
CONDUCTED DURING THE FISCAL YEAR. SUCH BOND SALE REPORT MAY BE A PART OF
ANY OTHER ANNUAL REPORT THAT THE CORPORATION IS REQUIRED TO MAKE.
(F) THE CORPORATION SHALL ANNUALLY SUBMIT ITS BOND SALE REPORT TO THE
DIRECTOR OF THE BUDGET, STATE COMPTROLLER AND COPIES THEREOF TO THE
SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE.
(G) THE CORPORATION SHALL MAKE AVAILABLE TO THE PUBLIC COPIES OF ITS
BOND SALE REPORT UPON REASONABLE REQUEST THEREOF.
(H) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO ALTER,
AFFECT THE VALIDITY OF, MODIFY THE TERMS OF, OR IMPAIR ANY CONTRACT OR
AGREEMENT MADE OR ENTERED INTO IN VIOLATION OF, OR WITHOUT COMPLIANCE
WITH, THE PROVISIONS OF THIS SUBDIVISION.
4. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING BONDS OR ANY ISSUE OF
BONDS BY THE CORPORATION MAY CONTAIN PROVISIONS WHICH MAY BE A PART OF
THE CONTRACT WITH THE HOLDERS OF THE BONDS THEREBY AUTHORIZED AS TO:
(A) PLEDGING ALL OR PART OF THE REVENUES, TOGETHER WITH ANY OTHER
MONIES OR PROPERTY OF THE CORPORATION TO SECURE THE PAYMENT OF THE
BONDS, OR ANY COSTS OF ISSUANCE THEREOF, INCLUDING BUT NOT LIMITED TO,
ANY CONTRACTS, EARNINGS OR PROCEEDS OF ANY GRANT TO THE CORPORATION
RECEIVED FROM ANY PRIVATE OR PUBLIC SOURCE SUBJECT TO SUCH AGREEMENTS
WITH BONDHOLDERS AS MAY THEN EXIST;
(B) THE SETTING ASIDE OF RESERVES AND THE CREATION OF SINKING FUNDS
AND THE REGULATION AND DISPOSITION THEREOF;
S. 1394 14 A. 3953
(C) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS FROM THE SALE OF
BONDS MAY BE APPLIED;
(D) THE RATES, RENTS, FEES AND OTHER CHARGES TO BE FIXED AND COLLECTED
BY THE CORPORATION AND THE AMOUNT TO BE RAISED IN EACH YEAR THEREBY AND
THE USE AND DISPOSITION OF REVENUES;
(E) LIMITATIONS ON THE RIGHT OF THE CORPORATION TO RESTRICT AND REGU-
LATE THE USE OF THE 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 MONIES
MAY BE DEPOSITED;
(I) THE TERMS AND PROVISIONS OF ANY TRUST, MORTGAGE, DEED 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 TRUSTEES APPOINTED BY THE
BONDHOLDERS PURSUANT TO THIS ACT 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 CORPORATION TO THE BOND-
HOLDERS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS IN
THE EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT APPOINTMENT OF
A RECEIVER, PROVIDED, HOWEVER, THAT SUCH ACTS OR OMISSIONS TO ACT WHICH
MAY CONSTITUTE A DEFAULT AND SUCH RIGHTS AND REMEDIES SHALL NOT BE
INCONSISTENT WITH THE GENERAL LAWS OF THE STATE AND OTHER PROVISIONS OF
THIS ACT;
(L) LIMITATIONS ON THE POWER OF THE CORPORATION TO SELL OR OTHERWISE
DISPOSE OF ANY PROJECT OR ANY PART THEREOF OR OTHER PROPERTY;
(M) LIMITATIONS ON THE AMOUNT OF REVENUES AND OTHER MONIES TO BE
EXPENDED OR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE CORPO-
RATION;
(N) THE PAYMENT OF THE PROCEEDS OF BONDS, REVENUES AND OTHER MONIES TO
A TRUSTEE OR OTHER DEPOSITORY, AND FOR THE METHOD OF DISBURSEMENT THERE-
OF WITH SUCH SAFEGUARDS AND RESTRICTIONS AS THE CORPORATION MAY DETER-
MINE; AND
(O) ANY OTHER MATTERS OF LIKE OR DIFFERENT CHARACTER WHICH IN ANY WAY
AFFECT THE SECURITY OR PROTECTION OF THE BONDS OR THE RIGHTS AND REME-
DIES OF THE BONDHOLDERS.
5. IN ADDITION TO THE POWERS HEREIN CONFERRED UPON THE CORPORATION TO
SECURE ITS BONDS, THE CORPORATION SHALL HAVE THE POWER IN CONNECTION
WITH THE ISSUANCE OF BONDS TO ADOPT RESOLUTIONS AND ENTER INTO SUCH
TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS AS THE CORPORATION MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE OR DISPOSI-
TION OF ITS REVENUES OR OTHER MONIES OR PROPERTY, INCLUDING THE MORTGAG-
ING OF ANY PROPERTY AND THE ENTRUSTING, PLEDGING OR CREATION OF ANY
OTHER SECURITY INTEREST IN ANY SUCH REVENUES, MONIES OR PROPERTY AND THE
DOING OF ANY ACT, INCLUDING REFRAINING FROM DOING ANY ACT WHICH THE
CORPORATION WOULD HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH RESOL-
UTIONS, TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS. THE CORPO-
RATION SHALL HAVE POWER TO ENTER INTO AMENDMENTS OF ANY SUCH RESOL-
S. 1394 15 A. 3953
UTIONS, TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS WITHIN THE
POWERS GRANTED TO THE CORPORATION BY THIS ACT AND TO PERFORM SUCH RESOL-
UTIONS, TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS. THE
PROVISIONS OF ANY SUCH RESOLUTIONS, TRUST INDENTURES, AGREEMENTS OR
OTHER INSTRUMENTS MAY BE MADE A PART OF THE CONTRACT WITH THE HOLDERS OF
BONDS OF THE CORPORATION.
6. ANY PROVISION OF THE UNIFORM COMMERCIAL CODE TO THE CONTRARY
NOTWITHSTANDING, ANY PLEDGE OF OR OTHER SECURITY INTEREST IN REVENUES,
MONIES, ACCOUNTS, CONTRACT RIGHTS, GENERAL INTANGIBLES OR OTHER PERSONAL
PROPERTY MADE OR CREATED BY THE CORPORATION 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 CORPORATION IRRE-
SPECTIVE OF WHETHER OR NOT SUCH PARTIES HAVE NOTICE THEREOF. NO INSTRU-
MENT 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 CORPORATION 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 THE PURPOSES OF THE UNIFORM COMMERCIAL CODE,
SUBJECT ONLY TO THE PROVISIONS OF THE BONDS FOR REGISTRATION.
8. NEITHER THE DIRECTORS NOR THE OFFICERS OF THE CORPORATION NOR ANY
PERSON EXECUTING ITS BONDS SHALL BE LIABLE PERSONALLY ON ITS BONDS OR BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE
ISSUANCE THEREOF.
9. SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST, THE
CORPORATION SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE THEREFOR TO
PURCHASE BONDS OF THE CORPORATION, IN LIEU OF REDEMPTION, AT A PRICE NOT
EXCEEDING, IF THE BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN
APPLICABLE PLUS ACCRUED INTEREST TO THE NEXT INTEREST PAYMENT DATE, OR,
IF THE BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE 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.
BONDS SO PURCHASED SHALL THEREUPON BE CANCELED.
10. THE CORPORATION SHALL HAVE POWER AND IS HEREBY AUTHORIZED TO ISSUE
NEGOTIABLE BOND ANTICIPATION NOTES IN CONFORMITY WITH APPLICABLE
PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND IN ACCORDANCE WITH SECTION
21.00 OF THE LOCAL FINANCE LAW, AS AMENDED FROM TIME TO TIME.
S 20. AGREEMENTS OF THE STATE. THE STATE OF NEW YORK DOES HEREBY
PLEDGE TO AND AGREE WITH THE HOLDERS OF THE BONDS THAT THE STATE WILL
NOT LIMIT OR IMPAIR THE RIGHTS HEREBY VESTED IN THE CORPORATION TO
ACQUIRE, CONSTRUCT, MAINTAIN, RECONSTRUCT AND OPERATE ITS PROPERTIES, TO
ESTABLISH AND COLLECT RENTALS, FEES AND OTHER CHARGES AND TO FULFILL THE
TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF THE BONDS, OR IN ANY
WAY IMPAIR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS, UNTIL THE BONDS,
TOGETHER WITH INTEREST THEREON, INCLUDING INTEREST ON ANY UNPAID
INSTALLMENTS OF INTEREST AND ALL COSTS AND EXPENSES IN CONNECTION WITH
ANY ACTION OR PROCEEDING BY OR ON BEHALF OF THE BONDHOLDERS, ARE FULLY
MET AND DISCHARGED.
S 21. STATE AND CITY NOT LIABLE ON BONDS. THE BONDS AND OTHER OBLI-
GATIONS OF THE CORPORATION SHALL NOT BE A DEBT OF THE STATE OF NEW YORK
OR THE CITY OF NEW YORK, AND NEITHER THE STATE NOR THE CITY SHALL BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
S. 1394 16 A. 3953
THOSE OF THE AUTHORITY. ALL SUCH BONDS AND NOTES OF THE CORPORATION
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO THAT EFFECT.
S 22. BONDS; LEGAL INVESTMENT FOR FIDUCIARIES. THE BONDS ARE HEREBY
MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND BODIES OF THIS STATE
AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS, ALL INSURANCE COMPA-
NIES AND ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN INSURANCE BUSI-
NESS, ALL BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS
ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS, INVESTMENT COMPA-
NIES AND OTHER PERSONS CARRYING ON A BANKING BUSINESS AND ALL OTHER
PERSONS WHATSOEVER, EXCEPT AS HEREINAFTER PROVIDED, WHO ARE NOW OR MAY
HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR OTHER OBLIGATIONS OF THE
STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS INCLUDING CAPITAL IN THEIR
CONTROL OR BELONGING TO THEM; PROVIDED THAT, NOTWITHSTANDING THE
PROVISIONS OF ANY OTHER GENERAL OR SPECIAL LAW TO THE CONTRARY, SUCH
BONDS SHALL NOT BE ELIGIBLE FOR THE INVESTMENT OF FUNDS, INCLUDING CAPI-
TAL, TRUSTS, ESTATES OR GUARDIANSHIPS UNDER THE CONTROL OF INDIVIDUAL
ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES AND OTHER INDIVIDUAL
FIDUCIARIES. THE BONDS ARE ALSO HEREBY MADE SECURITIES WHICH MAY BE
DEPOSITED WITH AND MAY BE RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF
THIS STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS FOR ANY
PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THIS
STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
S 23. TAX EXEMPTION AND TAX CONTRACT BY THE STATE. 1. IT IS HEREBY
DETERMINED THAT THE CREATION OF THE CORPORATION AND THE CARRYING OUT OF
ITS CORPORATE PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE
OF THE STATE OF NEW YORK AND IS A PUBLIC PURPOSE. ACCORDINGLY, THE
CORPORATION SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERNMENTAL
FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS ACT,
AND THE CORPORATION SHALL NOT BE REQUIRED TO PAY ANY FEES, TAXES,
SPECIAL AD VALOREM LEVIES OR ASSESSMENTS OF ANY KIND, WHETHER STATE OR
LOCAL, INCLUDING BUT NOT LIMITED TO FEES, TAXES, SPECIAL AD VALOREM
LEVIES OR ASSESSMENTS ON REAL PROPERTY, FRANCHISE TAXES, SALES TAXES OR
OTHER TAXES, UPON OR WITH RESPECT TO ANY PROPERTY OWNED BY IT OR UNDER
ITS JURISDICTION, CONTROL OR SUPERVISION, OR UPON THE USES THEREOF, OR
UPON OR WITH RESPECT TO ITS ACTIVITIES OR OPERATIONS IN FURTHERANCE OF
THE POWERS CONFERRED UPON IT BY THE ACT, OR UPON OR WITH RESPECT TO ANY
RENTALS, RATES, CHARGES, FEES, REVENUES OR OTHER INCOME RECEIVED BY THE
CORPORATION.
2. ANY BONDS ISSUED PURSUANT TO THIS ACT TOGETHER WITH THE INCOME
THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM TAXATION.
3. THE STATE HEREBY COVENANTS WITH THE PURCHASERS AND WITH ALL SUBSE-
QUENT HOLDERS AND TRANSFEREES OF BONDS ISSUED BY THE CORPORATION PURSU-
ANT TO THIS ACT, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR
THE BONDS, THAT THE BONDS OF THE CORPORATION ISSUED PURSUANT TO THIS ACT
AND THE INCOME THEREFROM AND ALL REVENUES, MONIES, AND OTHER PROPERTY
PLEDGED TO PAY OR TO SECURE THE PAYMENT OF SUCH BONDS SHALL AT ALL TIMES
BE FREE FROM TAXATION.
S 24. REMEDIES FOR BONDHOLDERS. 1. IN THE EVENT THAT THE CORPORATION
SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OR INTEREST ON ANY ISSUE OF
BONDS AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY OR UPON CALL
REDEMPTION, AND SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF 30 DAYS, OR
IN THE EVENT THAT THE CORPORATION SHALL FAIL OR REFUSE TO COMPLY WITH
THE PROVISIONS OF THIS ACT, OR SHALL DEFAULT IN ANY AGREEMENT MADE WITH
THE HOLDERS OF ANY ISSUE OF BONDS, THE HOLDERS OF 25 PER CENTUM IN
AGGREGATE PRINCIPAL AMOUNT OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING,
BY INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF THE
S. 1394 17 A. 3953
COUNTY IN WHICH THE PRINCIPAL OFFICE OF THE CORPORATION IS LOCATED, AND
PROVED OR ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY
APPOINT A TRUSTEE TO REPRESENT THE HOLDERS OF SUCH BONDS FOR THE
PURPOSES HEREIN PROVIDED.
2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF 25 PER
CENTUM IN PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING SHALL, IN HIS,
HER OR ITS OWN NAME:
(A) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE HOLDERS OF THE CORPO-
RATION'S BONDS, AND INCLUDE THE RIGHT TO REQUIRE THE CORPORATION TO
COLLECT FEES AND CHARGES AND INTEREST ADEQUATE TO CARRY OUT ANY AGREE-
MENTS AS TO, OR PLEDGE OR ASSIGNMENT OF OR LIEN UPON, SUCH FEES AND
CHARGES AND INTEREST, ON PROPERTIES AND TO REQUIRE THE CORPORATION TO
CARRY OUT ANY OTHER AGREEMENTS WITH THE HOLDERS OF SUCH BONDS TO PERFORM
ITS DUTIES UNDER THIS ACT;
(B) BRING SUIT UPON SUCH BONDS;
(C) BY ACTION OR SUIT, REQUIRE THE CORPORATION TO ACCOUNT AS IF IT
WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
(D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
(E) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
BE MADE GOOD, THEN WITH THE CONSENT OF THE HOLDERS OF THE 25 PER CENTUM
OF THE PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING, TO ANNUL SUCH
DECLARATION AND ITS CONSEQUENCES.
3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
ALL OF THE POWERS NECESSARY AND APPROPRIATE FOR THE EXERCISE OF ANY
FUNCTIONS SPECIFICALLY SET FORTH IN THIS ACT OR INCIDENT TO THE GENERAL
REPRESENTATION OF THE HOLDERS OF THE CORPORATION'S BONDS IN THE ENFORCE-
MENT AND PROTECTION OF THEIR RIGHTS.
4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE ON BEHALF OF SUCH HOLDERS OF THE CORPORATION'S
BONDS. THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN
THE CITY IN WHICH THE PRINCIPAL OFFICE OF THE CORPORATION IS LOCATED.
S 25. This act shall take effect [thirty days] ON THE THIRTIETH DAY
after it shall have become a law.
S 2. This act shall take effect immediately.