State Codes and Statutes

Statutes > New-york > Pba > Article-10 > Title-2 > 3010

§  3010. Creation; purposes and general powers of a municipal assistance  corporation. A municipal assistance corporation shall be  created  by  a  special  law  of the legislature. The purposes of a municipal assistance  corporation shall be to assist a  municipality  attempting  to  provide,  without  interruption,  services  essential  to  its  inhabitants  while  meeting its obligation to the holders  of  its  outstanding  securities.  Such assistance shall be provided through the issuance and sale of bonds  and  notes  and  paying  or lending funds received from such sale to the  municipality, or through the exchange of its obligations for obligations  of the municipality. To carry out the aforesaid  purposes,  a  municipal  assistance   corporation   shall   have,   in  addition  to  any  powers  specifically  granted  in  the  special  act  creating  such   municipal  assistance  corporation,  the  following powers: (1) to sue and be sued,  (2) to have a seal and alter the same at pleasure; (3) to make and alter  by-laws for its organization and internal  management  and,  subject  to  agreements   with   noteholders   or  bondholders,  to  make  rules  and  regulations governing the use of its property  and  facilities;  (4)  to  make  and execute contracts, leases, subleases and all other instruments  or agreements necessary or convenient for the exercise of its powers and  functions under this title; (5) to purchase real  or  personal  property  necessary  and  convenient  for  its  corporate purposes; to execute and  deliver deeds for real property held in its own name;  and  to  sell  or  otherwise  dispose  of  such  real  or  personal  property  that, in the  judgment of the municipal assistance corporation, is no longer necessary  for  its  corporate  purposes;  (6)  to  appoint  officers,  agents  and  employees,  prescribe  their  duties  and  qualifications  and fix their  compensation; (7) to commence any action to protect or enforce any right  conferred upon it by any law, contract or other agreement;  (8)  subject  to  other  provisions  of  law,  to  lend  or  otherwise transfer to the  municipality for which the municipal assistance corporation was  created  such sums of money as are not required for other purposes; (9) to borrow  money and to issue notes or bonds and to fund or refund the same, and to  provide  for  the rights of the holders of its obligations; (10) subject  to the provisions of any contract with  noteholders  or  bondholders  to  invest  any  funds  held  in  funds  or  accounts  (except  as hereafter  provided), or any funds not required for immediate use or  disbursement,  at   the   discretion   of  the  municipal  assistance  corporation,  in  obligations of the municipality being assisted  or  obligations  of  the  state  or  federal government, obligations the principal of and interest  on which are guaranteed by  such  municipality,  the  state  or  federal  government,  or  obligations of agencies of such municipality, the state  or federal government which may, from time to time, be legally purchased  by savings banks of the state as investments of funds belonging to  them  or  in  their control and which have been approved by the comptroller or  in a secured time deposit or other interest-bearing accounts secured  by  such  obligations;  provided,  however,  that no funds held in a capital  reserve fund may be invested in obligations  of  or  guaranteed  by  the  municipality  being  assisted or of any of its agencies; (11) subject to  the provisions of any  contract  with  noteholders  or  bondholders,  to  purchase  notes  or  bonds of the corporation; (12) to procure insurance  against any loss in such amounts and from  such  insurers  as  it  deems  desirable;  (13)  to  engage  the  services of consultants on a contract  basis for rendering professional and technical  assistance  and  advice;  (14)  subject  to the approval of the director of the budget to contract  for and to accept any gifts or grants or loans of funds or  property  or  financial  or  other  aid in any form from the federal government or any  agency or instrumentality thereof, or  from  any  other  source  and  to  comply  with  the terms and conditions thereof; (15) as security for thepayment of the principal of and interest on any bonds or notes so issued  and any agreements made in connection therewith to pledge all or part of  its property or revenues; (16) to  require  any  municipality  to  which  assistance  is  provided  under this article or any authority, agency or  other body established by or on behalf  of  such  municipality  to  make  available  all books and records, and to furnish copies of all financial  statements, budgets, forecasts, projections and related  information  as  may  be  requested;  (17)  to  pay  the expenses of the operation of the  corporation, including but not limited to the repayment to the state  of  any   advance  to  the  corporation  under  any  agreement  between  the  corporation and the director of the budget out of any revenues available  to the corporation and not otherwise pledged except the proceeds of  its  notes  and  bonds;  and  (18)  in  connection  with any agreement by the  federal government or any agency or instrumentality thereof to guarantee  the payment of the principal of  or  the  interest  on  the  obligations  issued   by   the   municipality  for  which  the  municipal  assistance  corporation was created, to enter into one or more agreements  with  the  federal  government  or any agency or instrumentality thereof in respect  of such guarantee  containing  terms  and  conditions  required  by  the  secretary  of  the  treasury pursuant to the federal act authorizing the  issuance  of  such  guarantees  and  to  comply  with  such  terms   and  conditions,  including,  without  limitation,  a  requirement  that  the  corporation make deposits or cause monies to be deposited in a  fund  or  funds   established  in  connection  with  the  issuance  of  guaranteed  obligations or funds pursuant  to  the  terms  and  conditions  of  such  guarantee;  and (19) to do any and all things necessary or convenient to  carry out its purposes and  exercise  the  powers  expressly  given  and  granted  in  this  article or in the special act creating such municipal  assistance corporation.

State Codes and Statutes

Statutes > New-york > Pba > Article-10 > Title-2 > 3010

§  3010. Creation; purposes and general powers of a municipal assistance  corporation. A municipal assistance corporation shall be  created  by  a  special  law  of the legislature. The purposes of a municipal assistance  corporation shall be to assist a  municipality  attempting  to  provide,  without  interruption,  services  essential  to  its  inhabitants  while  meeting its obligation to the holders  of  its  outstanding  securities.  Such assistance shall be provided through the issuance and sale of bonds  and  notes  and  paying  or lending funds received from such sale to the  municipality, or through the exchange of its obligations for obligations  of the municipality. To carry out the aforesaid  purposes,  a  municipal  assistance   corporation   shall   have,   in  addition  to  any  powers  specifically  granted  in  the  special  act  creating  such   municipal  assistance  corporation,  the  following powers: (1) to sue and be sued,  (2) to have a seal and alter the same at pleasure; (3) to make and alter  by-laws for its organization and internal  management  and,  subject  to  agreements   with   noteholders   or  bondholders,  to  make  rules  and  regulations governing the use of its property  and  facilities;  (4)  to  make  and execute contracts, leases, subleases and all other instruments  or agreements necessary or convenient for the exercise of its powers and  functions under this title; (5) to purchase real  or  personal  property  necessary  and  convenient  for  its  corporate purposes; to execute and  deliver deeds for real property held in its own name;  and  to  sell  or  otherwise  dispose  of  such  real  or  personal  property  that, in the  judgment of the municipal assistance corporation, is no longer necessary  for  its  corporate  purposes;  (6)  to  appoint  officers,  agents  and  employees,  prescribe  their  duties  and  qualifications  and fix their  compensation; (7) to commence any action to protect or enforce any right  conferred upon it by any law, contract or other agreement;  (8)  subject  to  other  provisions  of  law,  to  lend  or  otherwise transfer to the  municipality for which the municipal assistance corporation was  created  such sums of money as are not required for other purposes; (9) to borrow  money and to issue notes or bonds and to fund or refund the same, and to  provide  for  the rights of the holders of its obligations; (10) subject  to the provisions of any contract with  noteholders  or  bondholders  to  invest  any  funds  held  in  funds  or  accounts  (except  as hereafter  provided), or any funds not required for immediate use or  disbursement,  at   the   discretion   of  the  municipal  assistance  corporation,  in  obligations of the municipality being assisted  or  obligations  of  the  state  or  federal government, obligations the principal of and interest  on which are guaranteed by  such  municipality,  the  state  or  federal  government,  or  obligations of agencies of such municipality, the state  or federal government which may, from time to time, be legally purchased  by savings banks of the state as investments of funds belonging to  them  or  in  their control and which have been approved by the comptroller or  in a secured time deposit or other interest-bearing accounts secured  by  such  obligations;  provided,  however,  that no funds held in a capital  reserve fund may be invested in obligations  of  or  guaranteed  by  the  municipality  being  assisted or of any of its agencies; (11) subject to  the provisions of any  contract  with  noteholders  or  bondholders,  to  purchase  notes  or  bonds of the corporation; (12) to procure insurance  against any loss in such amounts and from  such  insurers  as  it  deems  desirable;  (13)  to  engage  the  services of consultants on a contract  basis for rendering professional and technical  assistance  and  advice;  (14)  subject  to the approval of the director of the budget to contract  for and to accept any gifts or grants or loans of funds or  property  or  financial  or  other  aid in any form from the federal government or any  agency or instrumentality thereof, or  from  any  other  source  and  to  comply  with  the terms and conditions thereof; (15) as security for thepayment of the principal of and interest on any bonds or notes so issued  and any agreements made in connection therewith to pledge all or part of  its property or revenues; (16) to  require  any  municipality  to  which  assistance  is  provided  under this article or any authority, agency or  other body established by or on behalf  of  such  municipality  to  make  available  all books and records, and to furnish copies of all financial  statements, budgets, forecasts, projections and related  information  as  may  be  requested;  (17)  to  pay  the expenses of the operation of the  corporation, including but not limited to the repayment to the state  of  any   advance  to  the  corporation  under  any  agreement  between  the  corporation and the director of the budget out of any revenues available  to the corporation and not otherwise pledged except the proceeds of  its  notes  and  bonds;  and  (18)  in  connection  with any agreement by the  federal government or any agency or instrumentality thereof to guarantee  the payment of the principal of  or  the  interest  on  the  obligations  issued   by   the   municipality  for  which  the  municipal  assistance  corporation was created, to enter into one or more agreements  with  the  federal  government  or any agency or instrumentality thereof in respect  of such guarantee  containing  terms  and  conditions  required  by  the  secretary  of  the  treasury pursuant to the federal act authorizing the  issuance  of  such  guarantees  and  to  comply  with  such  terms   and  conditions,  including,  without  limitation,  a  requirement  that  the  corporation make deposits or cause monies to be deposited in a  fund  or  funds   established  in  connection  with  the  issuance  of  guaranteed  obligations or funds pursuant  to  the  terms  and  conditions  of  such  guarantee;  and (19) to do any and all things necessary or convenient to  carry out its purposes and  exercise  the  powers  expressly  given  and  granted  in  this  article or in the special act creating such municipal  assistance corporation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-10 > Title-2 > 3010

§  3010. Creation; purposes and general powers of a municipal assistance  corporation. A municipal assistance corporation shall be  created  by  a  special  law  of the legislature. The purposes of a municipal assistance  corporation shall be to assist a  municipality  attempting  to  provide,  without  interruption,  services  essential  to  its  inhabitants  while  meeting its obligation to the holders  of  its  outstanding  securities.  Such assistance shall be provided through the issuance and sale of bonds  and  notes  and  paying  or lending funds received from such sale to the  municipality, or through the exchange of its obligations for obligations  of the municipality. To carry out the aforesaid  purposes,  a  municipal  assistance   corporation   shall   have,   in  addition  to  any  powers  specifically  granted  in  the  special  act  creating  such   municipal  assistance  corporation,  the  following powers: (1) to sue and be sued,  (2) to have a seal and alter the same at pleasure; (3) to make and alter  by-laws for its organization and internal  management  and,  subject  to  agreements   with   noteholders   or  bondholders,  to  make  rules  and  regulations governing the use of its property  and  facilities;  (4)  to  make  and execute contracts, leases, subleases and all other instruments  or agreements necessary or convenient for the exercise of its powers and  functions under this title; (5) to purchase real  or  personal  property  necessary  and  convenient  for  its  corporate purposes; to execute and  deliver deeds for real property held in its own name;  and  to  sell  or  otherwise  dispose  of  such  real  or  personal  property  that, in the  judgment of the municipal assistance corporation, is no longer necessary  for  its  corporate  purposes;  (6)  to  appoint  officers,  agents  and  employees,  prescribe  their  duties  and  qualifications  and fix their  compensation; (7) to commence any action to protect or enforce any right  conferred upon it by any law, contract or other agreement;  (8)  subject  to  other  provisions  of  law,  to  lend  or  otherwise transfer to the  municipality for which the municipal assistance corporation was  created  such sums of money as are not required for other purposes; (9) to borrow  money and to issue notes or bonds and to fund or refund the same, and to  provide  for  the rights of the holders of its obligations; (10) subject  to the provisions of any contract with  noteholders  or  bondholders  to  invest  any  funds  held  in  funds  or  accounts  (except  as hereafter  provided), or any funds not required for immediate use or  disbursement,  at   the   discretion   of  the  municipal  assistance  corporation,  in  obligations of the municipality being assisted  or  obligations  of  the  state  or  federal government, obligations the principal of and interest  on which are guaranteed by  such  municipality,  the  state  or  federal  government,  or  obligations of agencies of such municipality, the state  or federal government which may, from time to time, be legally purchased  by savings banks of the state as investments of funds belonging to  them  or  in  their control and which have been approved by the comptroller or  in a secured time deposit or other interest-bearing accounts secured  by  such  obligations;  provided,  however,  that no funds held in a capital  reserve fund may be invested in obligations  of  or  guaranteed  by  the  municipality  being  assisted or of any of its agencies; (11) subject to  the provisions of any  contract  with  noteholders  or  bondholders,  to  purchase  notes  or  bonds of the corporation; (12) to procure insurance  against any loss in such amounts and from  such  insurers  as  it  deems  desirable;  (13)  to  engage  the  services of consultants on a contract  basis for rendering professional and technical  assistance  and  advice;  (14)  subject  to the approval of the director of the budget to contract  for and to accept any gifts or grants or loans of funds or  property  or  financial  or  other  aid in any form from the federal government or any  agency or instrumentality thereof, or  from  any  other  source  and  to  comply  with  the terms and conditions thereof; (15) as security for thepayment of the principal of and interest on any bonds or notes so issued  and any agreements made in connection therewith to pledge all or part of  its property or revenues; (16) to  require  any  municipality  to  which  assistance  is  provided  under this article or any authority, agency or  other body established by or on behalf  of  such  municipality  to  make  available  all books and records, and to furnish copies of all financial  statements, budgets, forecasts, projections and related  information  as  may  be  requested;  (17)  to  pay  the expenses of the operation of the  corporation, including but not limited to the repayment to the state  of  any   advance  to  the  corporation  under  any  agreement  between  the  corporation and the director of the budget out of any revenues available  to the corporation and not otherwise pledged except the proceeds of  its  notes  and  bonds;  and  (18)  in  connection  with any agreement by the  federal government or any agency or instrumentality thereof to guarantee  the payment of the principal of  or  the  interest  on  the  obligations  issued   by   the   municipality  for  which  the  municipal  assistance  corporation was created, to enter into one or more agreements  with  the  federal  government  or any agency or instrumentality thereof in respect  of such guarantee  containing  terms  and  conditions  required  by  the  secretary  of  the  treasury pursuant to the federal act authorizing the  issuance  of  such  guarantees  and  to  comply  with  such  terms   and  conditions,  including,  without  limitation,  a  requirement  that  the  corporation make deposits or cause monies to be deposited in a  fund  or  funds   established  in  connection  with  the  issuance  of  guaranteed  obligations or funds pursuant  to  the  terms  and  conditions  of  such  guarantee;  and (19) to do any and all things necessary or convenient to  carry out its purposes and  exercise  the  powers  expressly  given  and  granted  in  this  article or in the special act creating such municipal  assistance corporation.