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This entry was published on 2014-09-22
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SECTION 3866-A
Agreement with the county
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-D, TITLE 2
§ 3866-a. Agreement with the county. 1. The county does hereby
covenant and agree with the holders of any issue of bonds, notes or
other obligations issued by the authority pursuant to this title and
secured by such covenant and agreement that the county will not limit,
alter or impair the rights hereby vested in the authority to fulfill the
terms of any agreements made with such holders pursuant to this title,
or in any way impair the rights and remedies of such holders or the
security for such bonds, notes or other obligations until such bonds,
notes or other obligations, together with the interest thereon and all
costs and expenses in connection with any action or proceeding by or on
behalf of such holders are fully paid and discharged. The authority is
authorized to include this covenant and agreement of the county in any
agreement with the holders of such bonds, notes or other obligations.
Nothing contained in this title shall be deemed to restrict any right of
the county to amend, modify, repeal or otherwise alter any local laws,
ordinances or resolutions imposing or relating to taxes or fees, or
appropriations relating to such taxes or fees, or setting aside net
collections for educational purposes pursuant to the authority of
subdivision (a) of section twelve hundred sixty-two of the tax law, so
long as, after giving effect to such amendment, modification or other
alteration, the aggregate amount as then projected by the authority of
(i) sales and compensating use taxes to be imposed pursuant to the
authority of section twelve hundred ten of the tax law and paid to the
city and (ii) all net collections for educational purposes to be set
aside by the county pursuant to the authority of subdivision (a) of
section twelve hundred sixty-two of the tax law and paid to the city's
dependent school district during each of the authority's fiscal years
following the effective date of such amendment, modification or other
alteration shall be not less than two hundred percent of maximum annual
debt service on authority bonds then outstanding. Notwithstanding
anything to the contrary in this section, the county further agrees that
it shall impose taxes pursuant to the authority of subdivision (a) of
section twelve hundred ten of the tax law at the rate of no less than
three percent.

2. The authority shall not include within any resolution, contract or
agreement with holders of the bonds, notes or other obligations issued
under this title any provision which provides that a default occurs as a
result of the county exercising its right to amend, repeal, modify or
otherwise alter such taxes, fees or appropriations or such net
collections set aside for educational purposes. Nothing in this title
shall be deemed to obligate the county to make any payments or impose
any taxes or set aside net collections for educational purposes pursuant
to the authority of subdivision (a) of section twelve hundred sixty-two
of the tax law; except that the county shall impose taxes pursuant to
the authority of subdivision (a) of section twelve hundred ten of the
tax law at the rate of no less than three percent.