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This entry was published on 2014-09-22
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SECTION 581
Bonds and notes of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 3, TITLE 4
§ 581. Bonds and notes of the authority. 1. The authority shall have
the power and is hereby authorized from time to time to issue its
negotiable bonds and notes in conformity with applicable provisions of
the uniform commercial code in such amount as may be necessary to pay
the entire cost of financing any one or more of the purposes authorized
pursuant to section five hundred seventy-eight of this chapter, or for
the purpose of refunding any bonds or notes previously issued, and such
cost of financing shall be deemed to include but not be limited to
refunding of any bonds or notes previously issued and then outstanding
as well as any redemption premium thereon and any interest to accrue to
the date of redemption of such bonds or notes, such other expenses as
may be incident to the issuance of such new bonds or notes, interest
prior to and during construction and for six months after completion
thereof, and such other expenses as may be deemed necessary or incident
thereto for placing the same in operation. The issuance of such bonds or
notes, the maturities and other details thereof, the rights of the
holders thereof, and the rights, duties and obligations of the authority
in respect of the same, shall be governed by the provisions of this
title.

2. (a) Such bonds shall be authorized by resolution of the authority,
subject to the approval of the supervisors, and shall bear such date or
dates, and shall mature at such time or times, not exceeding fifty years
from the date of issue, bear interest at such rate or rates, be in such
denominations, 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 places, and be subject to such terms
of redemption, as such resolution or resolutions may provide. Such bonds
may be sold at public or private sale for such price or prices as the
authority shall determine.

(b) Whether or not the bonds or notes are of such form and character
as to be negotiable instruments under article eight of the uniform
commercial code, the bonds or notes shall be and hereby are made
negotiable instruments within the meaning and for all purposes of
article eight of the uniform commercial code, subject only to the
provisions of the bonds for registration.

3. Any resolution or resolutions authorizing any bonds or notes may
contain provisions which shall be a part of the contract with the
holders of the bonds or notes as to:

(a) pledging the tolls and revenues of the authority to secure the
payment of the bonds or notes;

(b) the rates of the tolls to be charged for use of the bridges and
roads and the amounts to be raised in each year by tolls and the use and
disposition of the tolls and other revenues;

(c) the setting aside of reserves or sinking funds and the regulation
and disposition thereof;

(d) limitations on the right of the authority and its successors to
restrict and regulate the use of the bridges hereby authorized;

(e) limitations on the purpose to which the proceeds of sale of any
issue of bonds or notes then or thereafter to be issued may apply;

(f) limitations on the issuance of additional bonds or notes;

(g) 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.

4. Neither the members of the board nor any person executing the bonds
or notes shall be liable personally on the bonds or notes or be subject
to any personal liability or accountability by reason of the issuance
thereof.

5. 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. 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 insurance of the
bridges or other facilities, and the custody, safeguarding and
application of all moneys, and may provide that the bridges and roads
shall be constructed and paid for under the supervision and approval of
consulting engineers. Nothwithstanding the provisions of section five
hundred eighty of this chapter, the authority may provide by such trust
indenture for the payment of the proceeds of the bonds and the revenues
of the authority to the trustee under such trust indenture or other
depository, and for the method of disbursement thereof, with such
safeguards and restrictions as it may determine. All expenses incurred
in carrying out such trust indenture may be treated as an operating cost
of the authority. If the bonds shall be secured by a trust indenture,
the bondholders shall have no power 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 five
hundred eighty-six of this chapter upon a trustee appointed by
bondholders.

6. The authority shall have the power and is hereby authorized to
issue negotiable bond anticipation notes in conformity with applicable
provisions of the uniform commercial code and may renew the same from
time to time but the maximum maturity of such notes, including renewals
thereof shall not exceed seven years from the date of issue of such
original note. Such notes may be paid from any moneys of the authority
available therefor and not otherwise pledged or from the proceeds of
sale of the bonds of the authority in anticipation of which they were
issued. The notes shall be issued in the same manner as the bonds and
such notes and the resolution or resolutions authorizing the same may
contain any provisions, conditions or limitations which the bonds or a
bond resolution of the authority may contain. Such notes may be sold at
public or private sale. Such notes shall be as fully negotiable as the
bonds of the authority.

7. The authority shall also have the power and is hereby authorized to
issue negotiable notes and renewals thereof in conformity with the
applicable provisions of the uniform commercial code provided, however,
that it shall not issue such notes in an aggregate amount of more than
one hundred thousand dollars without the prior approval of the
supervisors by resolution duly adopted. Such notes may be issued for any
corporate purpose of the authority. The maximum maturity of any such
note, including renewals thereof, shall not exceed five years from the
date of issue of the original note, unless otherwise approved by the
supervisors. Such notes may be paid from any moneys of the authority
available therefor and not otherwise pledged and the authority may
pledge its revenues for the payment thereof. The resolution or
resolutions authorizing such notes may contain any provisions,
conditions or limitations which the bonds or a bond resolution of the
authority may contain. Such notes may be sold at public or private sale.
Such notes shall be as fully negotiable as the bonds of the authority.