[ ] is old law to be omitted.
LBD13495-01-1
A. 8871 2
1599-SSS. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR
INEFFECTIVE.
1599-TTT. INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED.
S 1599-AAA. SHORT TITLE. THIS TITLE MAY BE CITED AS THE "MOUNT KISCO
PARKING AUTHORITY ACT."
S 1599-BBB. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS
A DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
(A) THE TERM "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION
THREE OF THIS TITLE;
(B) THE TERM "VILLAGE" SHALL MEAN THE VILLAGE OF MOUNT KISCO;
(C) THE TERM "BONDS" SHALL MEAN THE BONDS AUTHORIZED IN THIS TITLE;
(D) THE TERM "BOARD" SHALL MEAN THE MEMBERS OF THE AUTHORITY;
(E) THE TERM "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES,
AND INTEREST IN LANDS, AND ANY AND ALL THINGS USUALLY INCLUDED WITHIN
THE SAID TERM, AND INCLUDES NOT ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY
AND ALL LESSER INTERESTS, SUCH AS EASEMENTS, RIGHTS OF WAY, USES, LEAS-
ES, LICENSES, AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY ESTATE,
INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS OF YEARS, AND
LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE, AND ALSO
CLAIMS FOR DAMAGE TO REAL ESTATE, IN THE AREA OF THE VILLAGE;
(F) THE TERM "PROJECT" SHALL MEAN ANY AREA OR PLACE OPERATED OR TO BE
OPERATED BY THE AUTHORITY FOR THE PARKING OR STORING OF MOTOR AND OTHER
VEHICLES AND SHALL, WITHOUT LIMITING THE FOREGOING, INCLUDE ALL REAL AND
PERSONAL PROPERTY, DRIVEWAYS, ROADS, APPROACHES, STRUCTURES, TERMINALS
OF ALL KINDS, GARAGES, METERS, MECHANICAL EQUIPMENT, AND ALL APPURTE-
NANCES AND FACILITIES EITHER ON, ABOVE OR UNDER THE GROUND WHICH ARE
USED OR USABLE IN CONNECTION WITH SUCH PARKING OR STORING OF SUCH VEHI-
CLES IN THE AREA OF THE VILLAGE;
(G) THE TERM "PROJECTS" SHALL MEAN MORE THAN ONE PROJECT.
S 1599-CCC. MOUNT KISCO PARKING AUTHORITY. A BOARD TO BE KNOWN AS
"MOUNT KISCO PARKING AUTHORITY" IS HEREBY CREATED. SUCH BOARD SHALL BE A
BODY CORPORATE, CONSTITUTING A PUBLIC BENEFIT CORPORATION, AND ITS
EXISTENCE SHALL COMMENCE UPON THE APPOINTMENT OF THE MEMBERS AS HEREIN
PROVIDED. IT SHALL CONSIST OF A CHAIRMAN AND FOUR OTHER MEMBERS, WHO
SHALL BE APPOINTED BY THE MAYOR WITH THE APPROVAL OF THE BOARD OF TRUS-
TEES OF THE VILLAGE. OF THE MEMBERS FIRST APPOINTED, ONE SHALL BE
APPOINTED FOR A PERIOD OF ONE YEAR, ONE FOR A PERIOD OF TWO YEARS, ONE
FOR A PERIOD OF THREE YEARS, ONE FOR A PERIOD OF FOUR YEARS, AND ONE FOR
A PERIOD OF FIVE YEARS. AT THE EXPIRATION OF SUCH TERMS, THE TERMS OF
OFFICE OF THEIR SUCCESSORS SHALL BE FIVE YEARS. EACH MEMBER SHALL
CONTINUE TO SERVE UNTIL THE APPOINTMENT AND QUALIFICATION OF HIS SUCCES-
SOR. VACANCIES IN SUCH BOARD OCCURRING OTHERWISE THAN BY THE EXPIRATION
OF TERM SHALL BE FILLED FOR THE UNEXPIRED TERM. THE MEMBERS OF THE BOARD
SHALL CHOOSE FROM THEIR NUMBER A VICE-CHAIRMAN. THE BOARD OF TRUSTEES
MAY REMOVE ANY MEMBER OF THE BOARD FOR INEFFICIENCY, NEGLECT OF DUTY OR
MISCONDUCT IN OFFICE, GIVING HIM A COPY OF THE CHARGES AGAINST HIM AND
AN OPPORTUNITY OF BEING HEARD IN PERSON, OR BY COUNSEL, IN HIS DEFENSE
UPON NOT LESS THAN TEN DAYS' NOTICE. THE MEMBERS OF THE BOARD SHALL BE
ENTITLED TO NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE ENTITLED TO
REIMBURSEMENT FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES. THE POWERS OF THE AUTHORITY SHALL
BE VESTED IN AND EXERCISED BY A MAJORITY OF THE MEMBERS OF THE BOARD
THEN IN OFFICE. SUCH BOARD MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS OR
TO ITS OFFICERS, AGENTS AND EMPLOYEES SUCH POWERS AND DUTIES AS IT MAY
DEEM PROPER. SUCH BOARD AND ITS CORPORATE EXISTENCE SHALL CONTINUE ONLY
FOR A PERIOD OF FIVE YEARS, AND THEREAFTER UNTIL ALL ITS LIABILITIES
A. 8871 3
HAVE BEEN MET AND ITS BONDS HAVE BEEN PAID IN FULL OR SUCH LIABILITIES
OR BONDS HAVE OTHERWISE BEEN DISCHARGED. UPON ITS CEASING TO EXIST, ALL
ITS RIGHTS AND PROPERTIES SHALL PASS TO THE VILLAGE.
S 1599-DDD. PURPOSE AND POWERS OF THE AUTHORITY. THE PURPOSE OF THE
AUTHORITY SHALL BE TO CONSTRUCT, OPERATE AND MAINTAIN ONE OR MORE
PROJECTS IN THE VILLAGE. TO CARRY OUT SAID PURPOSE, THE AUTHORITY SHALL
HAVE POWER:
(A) TO SUE AND BE SUED;
(B) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
(C) TO ACQUIRE, HOLD AND DISPOSE OF PERSONAL PROPERTY FOR ITS CORPO-
RATE PURPOSES, INCLUDING THE POWER TO PURCHASE PROSPECTIVE OR TENTATIVE
AWARDS IN CONNECTION WITH THE CONDEMNATION OF REAL PROPERTY;
(D) TO ACQUIRE, IN THE NAME OF THE VILLAGE BY PURCHASE OR CONDEMNA-
TION, AND USE NECESSARY REAL PROPERTY. ALL REAL PROPERTY ACQUIRED BY THE
AUTHORITY BY CONDEMNATION SHALL BE ACQUIRED IN THE MANNER PROVIDED IN
THE CONDEMNATION LAW OR IN THE MANNER PROVIDED BY LAW FOR THE CONDEMNA-
TION OF LAND BY THE VILLAGE, AND FURTHER PROVIDED, THAT THE AUTHORITY
SHALL GIVE THE BOARD OF TRUSTEES OF THE VILLAGE WRITTEN NOTICE OF ITS
INTENT TO ACQUIRE ANY LAND BY CONDEMNATION, WHEREUPON SAID BOARD OF
TRUSTEES, WITHIN A PERIOD OF FORTY-FIVE DAYS AFTER THE GIVING OF SUCH
NOTICE, BY RESOLUTION VOTED UPON AFFIRMATIVELY BY AT LEAST FOUR MEMBERS
OF SUCH BOARD OF TRUSTEES, MAY DETERMINE THAT SUCH LAND SHALL NOT BE SO
ACQUIRED, IN WHICH EVENT THE AUTHORITY SHALL BE WITHOUT FURTHER POWER TO
SO ACQUIRE THE SAME BY CONDEMNATION;
(E) TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS,
AND, SUBJECT TO AGREEMENTS WITH BONDHOLDERS, FOR THE REGULATION OF THE
PROJECT;
(F) WITH THE CONSENT OF THE VILLAGE TO USE AGENTS, EMPLOYEES AND
FACILITIES OF THE VILLAGE, PAYING TO THE VILLAGE ITS AGREED PROPORTION
OF THE COMPENSATION OR COSTS;
(G) TO APPOINT OFFICERS, AGENTS AND EMPLOYEES, TO PRESCRIBE THEIR
QUALIFICATIONS AND TO FIX THEIR COMPENSATION; SUBJECT, HOWEVER, TO THE
PROVISIONS OF THE CIVIL SERVICE LAW, AS HEREINAFTER PROVIDED; TO DESIG-
NATE OFFICERS AND EMPLOYEES, APPOINTED OR USED BY THE AUTHORITY, AS
HEREINABOVE SPECIFIED, WHO SHALL BE EMPOWERED TO ISSUE APPEARANCE TICK-
ETS AS PROVIDED FOR IN ARTICLE ONE HUNDRED FIFTY OF THE CRIMINAL PROCE-
DURE LAW. PERSONS SO DESIGNATED ARE HEREBY AUTHORIZED TO ISSUE AND SERVE
SUCH TICKETS FOR TRAFFIC INFRACTIONS RELATING TO PARKING WITHIN
"PROJECT" AREAS AS DEFINED HEREIN, IN ACCORDANCE WITH LAW AND WHEN
AUTHORIZED BY LOCAL LAW OF THE TOWN OF MOUNT KISCO OR THE VILLAGE TO
ISSUE AND SERVE SUCH TICKETS FOR TRAFFIC INFRACTIONS COMMITTED ANYWHERE
IN SUCH TOWN OR SUCH VILLAGE INCLUDING AT PARKING SPACES CONTROLLED BY
PARKING METERS;
(H) TO APPOINT AN ATTORNEY, WHO MAY BE THE VILLAGE ATTORNEY, AND TO
FIX HIS COMPENSATION;
(I) TO MAKE CONTRACTS AND LEASES, AND TO EXECUTE ALL INSTRUMENTS
NECESSARY OR CONVENIENT;
(J) TO CONSTRUCT SUCH BUILDINGS, STRUCTURES AND FACILITIES AS MAY BE
NECESSARY;
(K) TO RECONSTRUCT, IMPROVE, MAINTAIN AND OPERATE THE PROJECTS;
(L) TO ACCEPT GRANTS, LOANS OR CONTRIBUTIONS FROM THE UNITED STATES,
THE STATE OF NEW YORK, OR ANY AGENCY OR INSTRUMENTALITY OF EITHER OF
THEM, OR THE VILLAGE, OR AN INDIVIDUAL, BY BEQUEST OR OTHERWISE, AND TO
EXPEND THE PROCEEDS FOR ANY PURPOSES OF THE AUTHORITY;
A. 8871 4
(M) TO FIX AND COLLECT RENTALS, FEES AND OTHER CHARGES FOR THE USE OF
THE PROJECTS OR ANY OF THEM SUBJECT TO AND IN ACCORDANCE WITH SUCH
AGREEMENTS WITH BONDHOLDERS AS MAY BE MADE AS HEREINAFTER PROVIDED;
(N) TO CONSTRUCT, OPERATE OR MAINTAIN IN THE PROJECTS ALL FACILITIES
NECESSARY OR CONVENIENT IN CONNECTION THEREWITH; AND TO CONTRACT FOR THE
CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY PARTS THEREOF OR FOR
SERVICES TO BE PERFORMED; TO RENT PARTS THEREOF, AND GRANT CONCESSIONS,
ALL ON SUCH TERMS AND CONDITIONS AS IT MAY DETERMINE; PROVIDED, HOWEVER,
THAT NEITHER THE AUTHORITY, THE VILLAGE OF MOUNT KISCO, OR ANY AGENCY OF
THE AUTHORITY OR VILLAGE, OR ANY OTHER PERSON, FIRM OR CORPORATION
SHALL, WITHIN OR ON ANY PROPERTY COMPRISING A PART OF ANY PROJECT
AUTHORIZED BY THIS TITLE, SELL, DISPENSE OR OTHERWISE HANDLE ANY PRODUCT
USED IN OR FOR THE SERVICING OF ANY MOTOR VEHICLE USING ANY PROJECT OR
FACILITY AUTHORIZED BY THIS TITLE.
S 1599-EEE. CIVIL SERVICE STATUS OF OFFICERS AND EMPLOYEES. OFFICERS
AND EMPLOYEES OF ANY BOARD, COMMISSION OR DEPARTMENT OF THE VILLAGE MAY
BE TRANSFERRED TO THE AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF THE
CIVIL SERVICE LAW AND SHALL BE ELIGIBLE FOR SUCH TRANSFER AND APPOINT-
MENT WITHOUT EXAMINATION TO OFFICES AND POSITIONS UNDER THE AUTHORITY.
OFFICERS AND EMPLOYEES OF THE VILLAGE WHO ARE MEMBERS OR BENEFICIARIES
OF ANY EXISTING PENSION OR RETIREMENT SYSTEM SHALL CONTINUE TO HAVE THE
RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS WITH RESPECT TO SUCH SYSTEM
OR SYSTEMS AS ARE NOW PRESCRIBED BY LAW, AND ALL SUCH EMPLOYEES WHO HAVE
BEEN APPOINTED TO POSITIONS IN THE SERVICE OF THE VILLAGE UNDER THE
RULES OF THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE VILLAGE SHALL
HAVE THE SAME STATUS WITH RESPECT THERETO AFTER TRANSFER TO THE AUTHORI-
TY AS THEY HAD UNDER THEIR ORIGINAL APPOINTMENTS. THE APPOINTMENT AND
PROMOTION OF ALL EMPLOYEES OF THE AUTHORITY SHALL BE MADE IN ACCORDANCE
WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND THE RULES OF THE
VILLAGE CIVIL SERVICE COMMISSION.
S 1599-FFF. CONVEYANCE OF PROPERTY BY THE VILLAGE TO THE AUTHORITY;
ACQUISITION OF PROPERTY BY THE VILLAGE OR BY THE AUTHORITY. (A) THE
VILLAGE MAY, BY RESOLUTION OR RESOLUTIONS OF THE BOARD OF TRUSTEES OR BY
INSTRUMENTS AUTHORIZED BY SUCH RESOLUTIONS, CONVEY, WITH OR WITHOUT
CONSIDERATION, TO THE AUTHORITY REAL AND PERSONAL PROPERTY OWNED BY THE
VILLAGE FOR USE BY THE AUTHORITY AS A PROJECT OR PROJECTS OR A PART
THEREOF. IN CASE OF REAL PROPERTY SO CONVEYED, THE TITLE THERETO SHALL
REMAIN IN THE VILLAGE BUT THE AUTHORITY SHALL HAVE THE USE AND OCCUPANCY
THEREOF FOR SO LONG AS ITS CORPORATE EXISTENCE SHALL CONTINUE. IN THE
CASE OF PERSONAL PROPERTY SO CONVEYED, THE TITLE SHALL PASS TO THE
AUTHORITY.
(B) THE VILLAGE MAY ACQUIRE IN THE NAME OF THE VILLAGE BY PURCHASE OR
CONDEMNATION REAL PROPERTY IN THE VILLAGE FOR ANY OF THE PROJECTS OR FOR
THE WIDENING OF EXISTING ROADS, STREETS, AVENUES OR HIGHWAYS, OR FOR NEW
ROADS, STREETS, AVENUES OR HIGHWAYS, WITHIN A RADIUS OF ONE MILE TO ANY
OF THE PROJECTS, OR PARTLY FOR SUCH PURPOSES AND PARTLY FOR OTHER
VILLAGE PURPOSES, BY PURCHASE OR CONDEMNATION IN THE MANNER PROVIDED BY
LAW FOR THE ACQUISITION OF REAL PROPERTY BY THE VILLAGE. FOR LIKE
PURPOSES, THE VILLAGE MAY CLOSE SUCH STREETS, ROADS, AVENUES, OR HIGH-
WAYS AS MAY BE NECESSARY OR CONVENIENT, EXCEPT AS TO STATE HIGHWAYS AND
ARTERIAL WAYS WHICH MAY NOT BE CLOSED WITHOUT THE CONSENT OF THE STATE
COMMISSIONER OF TRANSPORTATION.
(C) CONTRACTS MAY BE ENTERED INTO BETWEEN THE VILLAGE AND THE AUTHORI-
TY PROVIDING FOR THE PROPERTY TO BE CONVEYED BY THE VILLAGE TO THE
AUTHORITY, THE ADDITIONAL PROPERTY TO BE ACQUIRED BY THE VILLAGE AND SO
CONVEYED, THE STREETS, ROADS, AVENUES, AND HIGHWAYS TO BE CLOSED BY THE
A. 8871 5
VILLAGE AND THE AMOUNTS, TERMS AND CONDITIONS OF PAYMENT TO BE MADE BY
THE AUTHORITY. SUCH CONTRACTS MAY ALSO CONTAIN COVENANTS BY THE VILLAGE
AS TO THE ROAD, STREET, AVENUE AND HIGHWAY IMPROVEMENTS TO BE MADE BY
THE VILLAGE. ANY SUCH CONTRACTS BETWEEN THE VILLAGE AND THE AUTHORITY
MAY BE PLEDGED BY THE AUTHORITY TO SECURE ITS BONDS AND MAY NOT BE MODI-
FIED THEREAFTER EXCEPT AS PROVIDED BY THE TERMS OF THE PLEDGE. THE BOARD
OF TRUSTEES MAY AUTHORIZE SUCH CONTRACTS BETWEEN THE VILLAGE AND THE
AUTHORITY AND NO OTHER AUTHORIZATION ON THE PART OF THE VILLAGE FOR SUCH
CONTRACTS SHALL BE NECESSARY. ANY SUCH CONTRACTS MAY BE SO AUTHORIZED
AND ENTERED INTO BY THE VILLAGE AND IN SUCH MANNER AS THE BOARD OF TRUS-
TEES MAY DETERMINE, AND THE PAYMENTS REQUIRED TO BE MADE BY THE VILLAGE
MAY BE MADE AND FINANCED NOTWITHSTANDING THAT NO PROVISION THEREFOR
SHALL HAVE FIRST BEEN MADE IN THE CAPITAL BUDGET OF THE VILLAGE. ALL
CONTRACTUAL OR OTHER OBLIGATIONS OF THE VILLAGE INCURRED IN CARRYING OUT
THE PROVISIONS OF THIS TITLE SHALL BE INCLUDED IN AND PROVIDED FOR BY
EACH CAPITAL BUDGET OF THE VILLAGE THEREAFTER MADE, IF AND TO THE EXTENT
THAT THEY MAY APPROPRIATELY BE INCLUDED THEREIN.
(D) SUBJECT TO THE PROVISIONS OF SUBDIVISION (D) OF SECTION FIFTEEN
HUNDRED NINETY-NINE-DDD OF THIS TITLE, THE AUTHORITY MAY ITSELF ACQUIRE
REAL PROPERTY FOR A PROJECT IN THE NAME OF THE VILLAGE AT THE COST AND
EXPENSE OF THE AUTHORITY BY PURCHASE OR CONDEMNATION PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW OR PURSUANT TO THE LAWS RELATING TO THE
CONDEMNATION OF LAND BY THE VILLAGE. THE AUTHORITY SHALL HAVE THE USE
AND OCCUPANCY OF SUCH REAL PROPERTY SO LONG AS ITS CORPORATE EXISTENCE
SHALL CONTINUE.
(E) IN CASE THE AUTHORITY SHALL HAVE THE USE AND OCCUPANCY OF ANY REAL
PROPERTY WHICH IT SHALL DETERMINE IS NO LONGER REQUIRED FOR A PROJECT
THEN, IF SUCH REAL PROPERTY WAS ACQUIRED AT THE COST AND EXPENSE OF THE
VILLAGE, THE AUTHORITY SHALL HAVE POWER TO SURRENDER ITS USE AND OCCU-
PANCY THEREOF TO THE VILLAGE, OR, IF SUCH REAL PROPERTY WAS ACQUIRED AT
THE COST AND EXPENSE OF THE AUTHORITY, THEN THE AUTHORITY SHALL HAVE
POWER TO SELL, LEASE OR OTHERWISE DISPOSE OF SAID REAL PROPERTY AT
PUBLIC OR PRIVATE SALE, AND SHALL RETAIN AND HAVE THE POWER TO USE THE
PROCEEDS OF SALE, RENTALS, OR OTHER MONEYS DERIVED FROM THE DISPOSITION
THEREOF FOR ITS PURPOSES.
S 1599-GGG. CONSTRUCTION CONTRACTS. THE AUTHORITY SHALL LET CONTRACTS
FOR CONSTRUCTION IN THE SAME MANNER, SO FAR AS PRACTICABLE, AS IS
PROVIDED BY LAW, FOR CONTRACTS OF THE VILLAGE, EXCEPT THAT WHERE THE
ESTIMATED EXPENSE OF A CONTRACT DOES NOT EXCEED TWENTY-FIVE HUNDRED
DOLLARS, SUCH CONTRACT MAY BE ENTERED INTO WITHOUT PUBLIC LETTING.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE POWER OF THE
AUTHORITY TO DO ANY CONSTRUCTION DIRECTLY BY THE OFFICERS, AGENTS AND
EMPLOYEES OF THE AUTHORITY.
S 1599-HHH. MONEYS OF THE AUTHORITY. ALL MONEYS OF THE AUTHORITY SHALL
BE PAID TO THE TREASURER OF THE VILLAGE AS AGENT OF THE AUTHORITY, WHO
SHALL NOT COMMINGLE SUCH MONEYS WITH ANY OTHER MONEYS. SUCH MONEYS SHALL
BE DEPOSITED IN A SEPARATE BANK ACCOUNT OR ACCOUNTS. THE MONEYS IN SUCH
ACCOUNTS SHALL BE PAID OUT BY THE TREASURER ON REQUISITION OF THE CHAIR-
MAN OF THE AUTHORITY OR OF SUCH PERSON OR PERSONS AS THE AUTHORITY MAY
AUTHORIZE TO MAKE SUCH REQUISITIONS AFTER AUDIT BY THE TREASURER. ALL
DEPOSITS OF SUCH MONEYS SHALL, IF REQUIRED BY THE TREASURER OR THE
AUTHORITY, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE
STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF
THE DEPOSIT, AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE
SUCH SECURITY FOR SUCH DEPOSITS. THE TREASURER AND HIS LEGALLY AUTHOR-
IZED REPRESENTATIVES ARE AUTHORIZED AND EMPOWERED FROM TIME TO TIME TO
A. 8871 6
EXAMINE THE ACCOUNTS AND BOOKS OF THE AUTHORITY, INCLUDING ITS RECEIPTS,
DISBURSEMENTS, CONTRACTS, LEASES, SINKING FUNDS, INVESTMENTS AND ANY
OTHER RECORDS AND PAPERS RELATING TO ITS FINANCIAL STANDING. THE AUTHOR-
ITY SHALL HAVE POWER, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, TO
CONTRACT WITH THE HOLDERS OF ANY OF ITS BONDS AS TO THE CUSTODY,
COLLECTION, SECURING, INVESTMENT AND PAYMENT OF ANY MONEYS OF THE
AUTHORITY OR ANY MONEYS HELD IN TRUST OR OTHERWISE FOR THE PAYMENT OF
BONDS OR IN ANY WAY TO SECURE BONDS, AND TO CARRY OUT ANY SUCH CONTRACT
NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE PREVIOUS
PROVISIONS OF THIS SECTION. MONEYS HELD IN TRUST OR OTHERWISE FOR THE
PAYMENT OF BONDS OR IN ANY WAY TO SECURE BONDS AND DEPOSITS OF SUCH
MONEYS MAY BE ACQUIRED IN THE SAME MANNER AS MONEYS OF THE AUTHORITY,
AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY
FOR SUCH DEPOSITS. THE ACCOUNTS OF THE AUTHORITY SHALL BE SUBJECT TO THE
SUPERVISION OF THE STATE COMPTROLLER AND HE OR HIS LEGALLY AUTHORIZED
REPRESENTATIVES ARE HEREBY AUTHORIZED AND EMPOWERED FROM TIME TO TIME TO
EXAMINE THE ACCOUNTS AND BOOKS OF THE AUTHORITY, INCLUDING ITS RECEIPTS,
DISBURSEMENTS, CONTRACTS, SINKING FUNDS, INVESTMENTS AND ANY OTHER
MATTER RELATING TO ITS FINANCIAL STANDING AND FISCAL AFFAIRS. THE
AUTHORITY SHALL RENDER A COMPLETE ANNUAL ACCOUNT OF ITS PROCEEDINGS TO
THE BOARD OF TRUSTEES AT ITS SECOND MEETING IN SEPTEMBER OF EACH AND
EVERY YEAR.
S 1599-III. BONDS OF THE AUTHORITY. (A) THE AUTHORITY SHALL HAVE THE
POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE ITS NEGOTIABLE
BONDS IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL
CODE FOR ANY PURPOSE MENTIONED IN SECTION FIFTEEN HUNDRED
NINETY-NINE-DDD OF THIS TITLE, INCLUDING THE ACQUISITION, CONSTRUCTION,
RECONSTRUCTION AND REPAIR OF PERSONAL AND REAL PROPERTY OF ALL KINDS
DEEMED BY THE BOARD TO BE NECESSARY OR DESIRABLE TO CARRY OUT SUCH
PURPOSES, AS WELL AS TO PAY SUCH EXPENSES AS MAY BE DEEMED BY THE BOARD
NECESSARY OR DESIRABLE TO THE FINANCING THEREOF AND PLACING THE PROJECT
OR PROJECTS IN OPERATION IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT
EXCEEDING TWENTY-FIVE PER CENT OF THE BONDED INDEBTEDNESS LIMITATION
FROM TIME TO TIME IMPOSED BY SECTION 104.00 OF THE LOCAL FINANCE LAW
UPON BONDED INDEBTEDNESS OF THE VILLAGE OUTSTANDING AT ANY ONE TIME. THE
AUTHORITY SHALL 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 HEREINABOVE DESCRIBED. THE REFUNDING BONDS MAY BE EXCHANGED FOR
THE BONDS TO BE REFUNDED, WITH SUCH CASH ADJUSTMENTS AS MAY BE AGREED,
OR MAY BE SOLD AND THE PROCEEDS APPLIED TO THE PURCHASE OR PAYMENT OF
THE BONDS TO BE REFUNDED. IN COMPUTING THE TOTAL AMOUNT OF BONDS OF THE
AUTHORITY WHICH MAY AT ANY TIME BE OUTSTANDING THE AMOUNT OF THE
OUTSTANDING BONDS TO BE REFUNDED FROM THE PROCEEDS OF THE SALE OF NEW
BONDS OR BY EXCHANGE FOR NEW BONDS SHALL BE EXCLUDED. EXCEPT AS MAY
OTHERWISE BE PROVIDED BY THE AUTHORITY, THE BONDS OF EVERY ISSUE SHALL
BE GENERAL OBLIGATIONS OF THE AUTHORITY PAYABLE OUT OF ANY MONEYS OR
REVENUES OF THE AUTHORITY, SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLD-
ERS OF PARTICULAR BONDS PLEDGING ANY PARTICULAR MONEYS OR REVENUES.
(B) THE BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE BOARD AND SHALL
BEAR SUCH DATE OR DATES, MATURE AT SUCH TIME OR TIMES, NOT EXCEEDING
THIRTY YEARS FROM THEIR RESPECTIVE DATES, BEAR INTEREST AT SUCH RATE OR
RATES, NOT EXCEEDING SIX PER CENTUM PER ANNUM PAYABLE ANNUALLY OR SEMI-
ANNUALLY, BE IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER COUPON OR
REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN SUCH
A. 8871 7
MANNER, BE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT
SUCH PLACE OR PLACES AND BE SUBJECT TO SUCH TERMS OF REDEMPTION, AS SUCH
RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE BONDS MAY BE SOLD AT PUBLIC
OR PRIVATE SALE FOR SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETER-
MINE, BUT WHICH SHALL NOT AT THE TIME OF SALE YIELD MORE THAN FIVE PER
CENTUM PER ANNUM.
(C) ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY BONDS OR ANY ISSUE
OF BONDS MAY CONTAIN PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT
WITH THE HOLDERS OF THE BONDS THEREBY AUTHORIZED, AS TO
(1) PLEDGING ALL OR ANY PART OF THE REVENUES OF A PROJECT OR PROJECTS
TO SECURE THE PAYMENT OF THE BONDS, SUBJECT TO SUCH AGREEMENTS WITH
BONDHOLDERS AS MAY THEN EXIST;
(2) THE RENTALS, FEES AND OTHER CHARGES TO BE CHARGED, AND THE AMOUNTS
TO BE RAISED IN EACH YEAR THEREBY, AND THE USE AND DISPOSITION OF THE
REVENUES;
(3) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS, AND THE REGULATION
AND DISPOSITION THEREOF;
(4) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
THE USE OF A PROJECT;
(5) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF ANY
ISSUE OF BONDS THEN OR THEREAFTER TO BE ISSUED MAY BE APPLIED AND PLEDG-
ING SUCH PROCEEDS TO SECURE THE PAYMENT OF THE BONDS OR OF ANY ISSUE OF
THE BONDS;
(6) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS; THE TERMS UPON
WHICH ADDITIONAL BONDS MAY BE ISSUED AND SECURED; THE REFUNDING OF
OUTSTANDING OR OTHER BONDS;
(7) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
BONDHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF BONDS THE HOLDERS
OF WHICH MUST CONSENT THERETO, AND THE MANNER IN WHICH SUCH CONSENT MAY
BE GIVEN;
(8) LIMITATIONS ON THE AMOUNT OF MONEYS DERIVED FROM A PROJECT TO BE
EXPENDED FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE AUTHORI-
TY;
(9) 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 THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEES APPOINTED BY THE BOND-
HOLDERS PURSUANT TO SECTION FIFTEEN HUNDRED NINETY-NINE-PPP OF THIS
TITLE, AND LIMITING OR ABROGATING THE RIGHT OF THE BONDHOLDERS TO
APPOINT A TRUSTEE UNDER SUCH SECTION OR LIMITING THE RIGHTS, DUTIES AND
POWERS OF SUCH TRUSTEE;
(10) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE BONDS.
(D) IT IS THE INTENTION HEREOF THAT ANY PLEDGE OF REVENUES OR OTHER
MONEYS MADE BY THE AUTHORITY SHALL BE VALID AND BINDING FROM THE TIME
WHEN THE PLEDGE IS MADE; THAT THE REVENUES OR OTHER MONEYS SO PLEDGED
AND THEREAFTER RECEIVED BY THE AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO
THE LIEN OF SUCH PLEDGE WITHOUT ANY PHYSICAL DELIVERY THEREOF OR FURTHER
ACT; AND THAT THE LIEN OF ANY SUCH PLEDGE 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 OTHER INSTRUMENT BY
WHICH A PLEDGE IS CREATED NEED BE RECORDED.
(E) NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING THE
BONDS SHALL BE LIABLE PERSONALLY ON THE BONDS OR BE SUBJECT TO ANY
PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
A. 8871 8
(F) THE AUTHORITY SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE THEREFOR
TO PURCHASE BONDS. THE AUTHORITY MAY HOLD, CANCEL OR RESELL SUCH BONDS,
SUBJECT TO AND IN ACCORDANCE WITH AGREEMENTS WITH BONDHOLDERS.
(G) IN THE DISCRETION OF THE AUTHORITY, THE BONDS MAY BE SECURED BY A
TRUST INDENTURE BY AND BETWEEN THE AUTHORITY AND A CORPORATE TRUSTEE,
WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST
COMPANY IN THE STATE OF NEW YORK. SUCH TRUST INDENTURE MAY CONTAIN SUCH
PROVISIONS FOR PROTECTING AND ENFORCING THE RIGHTS AND REMEDIES OF THE
BONDHOLDERS AS MAY BE REASONABLE AND PROPER AND NOT IN VIOLATION OF LAW,
INCLUDING COVENANTS SETTING FORTH THE DUTIES OF THE AUTHORITY IN
RELATION TO THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR AND INSUR-
ANCE OF THE PROJECT OR PROJECTS AND THE CUSTODY, SAFEGUARDING AND APPLI-
CATION OF ALL MONEYS, AND MAY PROVIDE THAT THE PROJECT OR PROJECTS SHALL
BE CONSTRUCTED AND PAID FOR UNDER THE SUPERVISION AND APPROVAL OF
CONSULTING ENGINEERS. NOTWITHSTANDING THE PROVISIONS OF SECTION FIFTEEN
HUNDRED NINETY-NINE-HHH OF THIS TITLE THE AUTHORITY MAY PROVIDE BY SUCH
TRUST INDENTURE FOR THE PAYMENT OF THE PROCEEDS OF THE BONDS AND THE
REVENUES OF THE PROJECT OR PROJECTS TO THE TRUSTEE UNDER SUCH TRUST
INDENTURE OR OTHER DEPOSITORY, AND FOR THE METHOD OF DISBURSEMENT THERE-
OF, WITH SUCH SAFEGUARDS AND RESTRICTIONS AS IT MAY DETERMINE. ALL
EXPENSES INCURRED IN CARRYING OUT SUCH TRUST INDENTURE MAY BE TREATED AS
A PART OF THE COST OF MAINTENANCE, OPERATION, AND REPAIRS OF THE PROJECT
OR PROJECTS. IF THE BONDS SHALL BE SECURED BY A TRUST INDENTURE, THE
BONDHOLDERS SHALL HAVE NO AUTHORITY TO APPOINT A SEPARATE TRUSTEE TO
REPRESENT THEM, AND THE TRUSTEE UNDER SUCH TRUST INDENTURE SHALL HAVE
AND POSSESS ALL OF THE POWERS WHICH ARE CONFERRED BY SECTION FIFTEEN
HUNDRED NINETY-NINE-PPP OF THIS TITLE UPON A TRUSTEE APPOINTED BY BOND-
HOLDERS.
S 1599-JJJ. NOTES OF THE AUTHORITY. THE AUTHORITY SHALL HAVE POWER
FROM TIME TO TIME TO ISSUE ITS NEGOTIABLE NOTES IN CONFORMITY WITH
APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE AND FROM TIME TO
TIME TO ISSUE RENEWAL NOTES (HEREIN REFERRED TO AS NOTES) MATURING NOT
LATER THAN FIVE YEARS FROM THEIR RESPECTIVE ORIGINAL DATES IN AN AMOUNT
NOT EXCEEDING AT ANY TIME ONE HUNDRED THOUSAND DOLLARS, OVER AND ABOVE
THE AMOUNT OF BONDS AUTHORIZED BY SECTION FIFTEEN HUNDRED
NINETY-NINE-III OF THIS TITLE, FOR ANY PURPOSE OR PURPOSES FOR WHICH
BONDS MAY BE ISSUED, WHENEVER THE AUTHORITY SHALL DETERMINE THAT PAYMENT
THEREOF CAN BE MADE IN FULL FROM ANY MONEYS OR REVENUES WHICH THE
AUTHORITY EXPECTS TO RECEIVE FROM ANY SOURCE. SUCH NOTES MAY, AMONG
OTHER THINGS, BE ISSUED TO PROVIDE FUNDS TO PAY PRELIMINARY COSTS OF
SURVEYS, PLANS OR OTHER MATTERS RELATING TO ANY PROPOSED PROJECT. THE
AUTHORITY MAY PLEDGE SUCH MONEYS OR REVENUES (SUBJECT TO ANY OTHER
PLEDGE THEREOF) FOR THE PAYMENT OF THE NOTES AND MAY IN ADDITION SECURE
THE NOTES IN THE SAME MANNER AND WITH THE SAME EFFECT AS HEREIN PROVIDED
FOR BONDS. THE NOTES SHALL BE ISSUED IN THE SAME MANNER AS BONDS. THE
AUTHORITY SHALL HAVE POWER TO MAKE CONTRACTS FOR THE FUTURE SALE FROM
TIME TO TIME OF THE NOTES, BY WHICH THE PURCHASERS SHALL BE COMMITTED TO
PURCHASE THE NOTES FROM TIME TO TIME ON TERMS AND CONDITIONS STATED IN
SUCH CONTRACTS, AND THE AUTHORITY SHALL HAVE POWER TO PAY SUCH CONSIDER-
ATION AS IT SHALL DEEM PROPER FOR SUCH COMMITMENTS. IN CASE OF DEFAULT
ON ITS NOTES, OR VIOLATION OF ANY OF THE OBLIGATIONS OF THE AUTHORITY TO
THE NOTEHOLDERS, THE NOTEHOLDERS SHALL HAVE ALL THE REMEDIES PROVIDED
HEREIN FOR BONDHOLDERS.
S 1599-KKK. AGREEMENTS OF THE VILLAGE. (A) THE VILLAGE OF MOUNT KISCO
IS AUTHORIZED TO PLEDGE TO AND AGREE WITH THE HOLDERS OF THE BONDS THAT
THE VILLAGE WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN THE
A. 8871 9
AUTHORITY TO ACQUIRE, CONSTRUCT, MAINTAIN, RECONSTRUCT AND OPERATE THE
PROJECT OR PROJECTS, 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 BOND-
HOLDERS, UNTIL THE BONDS, TOGETHER WITH INTEREST THEREON, WITH 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 BOND-
HOLDERS, ARE FULLY MET AND DISCHARGED.
(B) THE AUTHORITY IS HEREBY AUTHORIZED, IN ITS DISCRETION, FOR AND ON
BEHALF OF ITSELF AND THE VILLAGE OF MOUNT KISCO TO COVENANT AND AGREE
WITH THE HOLDERS OF THE BONDS, WITH SUCH EXCEPTIONS AND LIMITATIONS AS
IT MAY DEEM IN THE PUBLIC INTEREST, THAT NO PUBLIC PARKING AREAS EXCEPT
THOSE ACQUIRED AND OPERATED BY THE AUTHORITY WILL BE CONSTRUCTED OR
OPERATED IN THE VILLAGE BY THE VILLAGE, OR BY ANY PUBLIC BENEFIT OR
OTHER CORPORATION THE MEMBERS OR SOME OF WHICH ARE ELECTED OR ARE
APPOINTED BY VILLAGE OFFICIALS, UNTIL EITHER
(1) THE BONDS, TOGETHER WITH INTEREST THEREON, 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 OR
(2) PRINCIPAL OR INTEREST OF ANY OF THE BONDS SHALL BE OVERDUE AND
UNPAID FOR A PERIOD OF THREE YEARS OR MORE.
S 1599-LLL. STATE AND VILLAGE NOT LIABLE ON BONDS. THE BONDS AND OTHER
OBLIGATIONS OF THE AUTHORITY SHALL NOT BE A DEBT OF THE STATE OF NEW
YORK OR OF THE VILLAGE, AND NEITHER THE STATE NOR THE VILLAGE SHALL BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE OF THE AUTHORITY.
S 1599-MMM. BONDS LEGAL INVESTMENTS FOR PUBLIC OFFICERS. THE BONDS ARE
HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND BODIES OF THIS
STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS, ALL INSURANCE
COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN INSURANCE
BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS
ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN
ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON A BANK-
ING 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 CAPITAL, OF 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 SHALL BE RECEIVED BY ALL PUBLIC OFFICERS
AND BODIES OF THIS STATE AND 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 1599-NNN. TAX EXEMPTIONS. ANY BONDS OR NOTES ISSUED PURSUANT TO THIS
TITLE, TOGETHER WITH THE INCOME THEREFROM, AS WELL AS THE PROPERTY OF
THE AUTHORITY, SHALL BE EXEMPT FROM TAXATION, EXCEPT FOR TRANSFER AND
ESTATE TAXES.
S 1599-OOO. TAX CONTRACT BY THE STATE. THE STATE OF NEW YORK COVENANTS
WITH THE PURCHASERS AND WITH ALL SUBSEQUENT HOLDERS AND TRANSFEREES OF
BONDS OR NOTES ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE, IN
CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR THE BONDS OR NOTES,
THAT THE BONDS AND NOTES OF THE AUTHORITY ISSUED PURSUANT TO THIS TITLE
A. 8871 10
AND THE INCOME THEREFROM, AND ALL MONEYS, FUNDS AND REVENUES PLEDGED TO
PAY OR SECURE THE PAYMENT OF SUCH BONDS OR NOTES SHALL AT ALL TIMES BE
FREE FROM TAXATION EXCEPT FOR ESTATE TAXES AND TAXES ON TRANSFERS BY OR
IN CONTEMPLATION OF DEATH.
S 1599-PPP. REMEDIES OF BONDHOLDERS. (A) IN THE EVENT THAT THE AUTHOR-
ITY SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR INTEREST ON ANY
ISSUE OF THE BONDS AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY
OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL CONTINUE FOR A PERI-
OD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY SHALL FAIL OR
REFUSE TO COMPLY WITH THE PROVISIONS OF THIS TITLE, OR SHALL DEFAULT IN
ANY AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF THE BONDS, THE HOLD-
ERS OF TWENTY-FIVE 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 COUNTY OF WESTCHESTER 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.
(B) SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING
SHALL, IN HIS OR ITS OWN NAME
(1) BY SUIT, ACTION OR SPECIAL PROCEEDINGS ENFORCE ALL RIGHTS OF THE
BONDHOLDERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT
REVENUES ADEQUATE TO CARRY OUT BY ANY AGREEMENT AS TO, OR PLEDGE OF,
SUCH REVENUES, AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
AGREEMENTS WITH THE HOLDERS OF SUCH BONDS AND TO PERFORM ITS DUTIES
UNDER THIS TITLE;
(2) BRING SUIT UPON SUCH BONDS;
(3) BY ACTION OR SUIT IN EQUITY, REQUIRE THE AUTHORITY TO ACCOUNT AS
IF IT WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH
BONDS;
(4) BY ACTION OR SUIT IN EQUITY, ENJOIN ANY ACTS OR THINGS WHICH MAY
BE UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS;
(5) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
BE MADE GOOD THEN WITH THE CONSENT OF THE HOLDERS OF TWENTY-FIVE PER
CENTUM OF THE PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING, TO ANNUL
SUCH DECLARATION AND ITS CONSEQUENCES.
(C) THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE ON BEHALF OF BONDHOLDERS. THE VENUE OF ANY
SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF WESTCHES-
TER.
(D) BEFORE DECLARING THE PRINCIPAL OF ALL SUCH BONDS DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS' NOTICE IN WRITING TO THE
AUTHORITY.
(E) ANY SUCH TRUSTEE, WHETHER OR NOT THE ISSUE OF BONDS REPRESENTED BY
SUCH TRUSTEE HAS BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTITLED AS OF
RIGHT TO THE APPOINTMENT OF A RECEIVER OF ANY PART OR PARTS OF THE
PROJECT THE REVENUES OF WHICH ARE PLEDGED FOR THE SECURITY OF THE BONDS
OF SUCH ISSUE, AND SUCH RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH
PART OR PARTS OF THE PROJECT AND, SUBJECT TO ANY PLEDGE OR AGREEMENT
WITH BONDHOLDERS, SHALL TAKE POSSESSION OF ALL MONEYS AND OTHER PROPERTY
DERIVED FROM OR APPLICABLE TO THE ACQUISITION, CONSTRUCTION, OPERATION,
MAINTENANCE AND RECONSTRUCTION OF SUCH PART OR PARTS OF THE PROJECT AND
PROCEED WITH THE ACQUISITION OF ANY NECESSARY REAL PROPERTY IN
CONNECTION WITH THE PROJECT THAT THE AUTHORITY HAS COVENANTED TO
CONSTRUCT, AND WITH ANY CONSTRUCTION WHICH THE AUTHORITY IS UNDER OBLI-
GATION TO DO AND TO OPERATE, MAINTAIN AND RECONSTRUCT SUCH PART OR PARTS
A. 8871 11
OF THE PROJECT AND COLLECT AND RECEIVE ALL REVENUES THEREAFTER ARISING
THEREFROM SUBJECT TO ANY PLEDGE THEREOF OR AGREEMENT WITH BONDHOLDERS
RELATING THERETO AND PERFORM THE PUBLIC DUTIES AND CARRY OUT THE AGREE-
MENTS AND OBLIGATIONS OF THE AUTHORITY UNDER THE DIRECTION OF THE COURT.
IN ANY SUIT, ACTION OR PROCEEDING BY THE TRUSTEE, THE FEE, COUNSEL FEES
AND EXPENSES OF THE TRUSTEE AND OF THE RECEIVER, IF ANY, SHALL CONSTI-
TUTE TAXABLE DISBURSEMENTS AND ALL COSTS AND DISBURSEMENTS ALLOWED BY
THE COURT SHALL BE A FIRST CHARGE ON ANY REVENUES DERIVED FROM SUCH
PROJECT.
(F) SUCH TRUSTEE SHALL, IN ADDITION TO THE FOREGOING, HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
TATION OF BONDHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
S 1599-QQQ. ACTIONS AGAINST THE AUTHORITY. (A) IN EVERY ACTION AGAINST
THE AUTHORITY FOR DAMAGES, FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR
FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR DEATH, THE
COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST NINETY DAYS HAVE
ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH SUCH ACTION IS
FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY, OR TO ITS SECRE-
TARY, OR TO ITS CHIEF EXECUTIVE OFFICER AND THAT THE AUTHORITY HAS
NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF FOR NINETY
DAYS AFTER SUCH PRESENTMENT.
(B) EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE
AUTHORITY FOR DAMAGES FOR INJURIES TO REAL OR PERSONAL PROPERTY, OR FOR
THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES, ALLEGED TO HAVE BEEN
SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AFTER THE CAUSE OF
ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A NOTICE OF INTENTION TO
COMMENCE SUCH ACTION AND OF THE TIME WHEN AND PLACE WHERE THE DAMAGES OR
PERSONAL INJURIES WERE INCURRED OR SUSTAINED, TOGETHER WITH A VERIFIED
STATEMENT SHOWING IN DETAIL THE PROPERTY ALLEGED TO HAVE BEEN DAMAGED OR
DESTROYED AND THE VALUE THEREOF, OR THE PERSONAL INJURIES ALLEGED TO
HAVE BEEN SUSTAINED AND BY WHOM, SHALL HAVE BEEN FILED WITH THE SECRE-
TARY OF THE AUTHORITY IN THE PRINCIPAL OFFICE OF THE AUTHORITY WITHIN
SIX MONTHS AFTER SUCH CAUSE OF ACTION SHALL HAVE ACCRUED. AN ACTION
AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL BE COMMENCED IN ACCORD-
ANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF TITLE
ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
S 1599-RRR. TERMINATION OF THE AUTHORITY. WHENEVER ALL OF THE BONDS
ISSUED BY THE AUTHORITY SHALL HAVE BEEN REDEEMED OR CANCELLED, THE
AUTHORITY SHALL CEASE TO EXIST AND ALL RIGHTS, TITLES AND INTEREST AND
ALL OBLIGATIONS AND LIABILITIES THEREOF VESTED IN OR POSSESSED BY THE
AUTHORITY SHALL THEREUPON VEST IN AND BE POSSESSED BY THE VILLAGE OF
MOUNT KISCO.
S 1599-SSS. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEFFEC-
TIVE. IF ANY SECTION, CLAUSE OR PROVISION OF THIS TITLE SHALL BE UNCON-
STITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT
IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND EFFECTIVE
AND NO OTHER SECTION, CLAUSE OR PROVISION SHALL ON ACCOUNT THEREOF BE
DEEMED INVALID OR INEFFECTIVE.
S 1599-TTT. INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED. INSOFAR
AS THE PROVISIONS OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF
ANY OTHER ACT, GENERAL OR SPECIAL, OR OF ANY LOCAL LAW OF THE VILLAGE,
THE PROVISIONS OF THIS TITLE SHALL BE CONTROLLING.
S 3. This act shall take effect immediately.