State Codes and Statutes

Statutes > New-york > Pba > Article-2 > Title-9 > 383

§  383. Additional powers of the authority to finance certain projects  in connection with the  New  York  state  canal  system.  1.    (a)  The  authority  is  hereby  authorized,  as  an  additional corporate purpose  thereof, to issue its bonds, notes and other obligations  in  conformity  with  applicable  provisions of the uniform commercial code for purposes  of  financing  the   construction,   reconstruction,   development   and  improvement of the New York state canal system.    (b) The authority may issue bonds, notes or other obligations pursuant  to  paragraph  (a)  of this subdivision in an aggregate principal amount  not exceeding sixty million dollars plus a principal  amount  of  bonds,  notes  or  other obligations issued (i) to fund any related debt service  reserve fund, (ii) to provide capitalized  interest  for  a  period  not  exceeding  six  months,  except  that  where the proceeds of such bonds,  notes or other obligations are expended on a revenue-producing  project,  such  period  shall  be  that allowable under the United States internal  revenue code of nineteen hundred eighty-six, as  amended,  in  order  to  preserve  the  exclusion  of  interest  on  such  bonds,  notes or other  obligations from federal income taxation, and (iii) to provide fees  and  other  charges  and expenses, including underwriters' discounts, related  to the issuance of such bonds,  notes  and  other  obligations  and  the  maintenance  of  such  reserves,  all  as  determined  by the authority,  excluding  bonds,  notes  and  other  obligations   issued   to   refund  outstanding  bonds,  notes and other obligations issued pursuant to this  section.    (c)  The  authority,  in  addition  to  the  bonds,  notes  and  other  obligations  authorized  pursuant  to paragraph (b) of this subdivision,  may issue bonds, notes or other obligations pursuant to paragraph (a) of  this subdivision in an aggregate  principal  amount  not  exceeding  ten  million  dollars  for  the  purpose  of funding capital construction and  reconstruction projects on the New York state  canal  system  which  are  deemed  by  the  authority  as  necessary  due  to  the  existence of an  emergency involving danger to life, safety or  property  which  requires  immediate  action. Provided, however, that no such bonds, notes or other  obligations shall  be  issued  pursuant  to  this  paragraph  until  the  authority  has  exhausted its authorization pursuant to paragraph (b) of  this subdivision.    (d) In computing the total principal amount of bonds, notes and  other  obligations  that  may  at any time be issued for any purpose under this  section, the amount of  the  bonds,  notes  or  other  obligations  that  constitutes  interest  under  the United States internal revenue code of  nineteen hundred eighty-six, as amended, shall be excluded.    2. All of the provisions of this title relating to  bonds,  notes  and  other  obligations,  which are not inconsistent with this section, shall  apply to obligations authorized  by  this  section,  including  but  not  limited to the power to issue renewal notes or refunding bonds thereof.

State Codes and Statutes

Statutes > New-york > Pba > Article-2 > Title-9 > 383

§  383. Additional powers of the authority to finance certain projects  in connection with the  New  York  state  canal  system.  1.    (a)  The  authority  is  hereby  authorized,  as  an  additional corporate purpose  thereof, to issue its bonds, notes and other obligations  in  conformity  with  applicable  provisions of the uniform commercial code for purposes  of  financing  the   construction,   reconstruction,   development   and  improvement of the New York state canal system.    (b) The authority may issue bonds, notes or other obligations pursuant  to  paragraph  (a)  of this subdivision in an aggregate principal amount  not exceeding sixty million dollars plus a principal  amount  of  bonds,  notes  or  other obligations issued (i) to fund any related debt service  reserve fund, (ii) to provide capitalized  interest  for  a  period  not  exceeding  six  months,  except  that  where the proceeds of such bonds,  notes or other obligations are expended on a revenue-producing  project,  such  period  shall  be  that allowable under the United States internal  revenue code of nineteen hundred eighty-six, as  amended,  in  order  to  preserve  the  exclusion  of  interest  on  such  bonds,  notes or other  obligations from federal income taxation, and (iii) to provide fees  and  other  charges  and expenses, including underwriters' discounts, related  to the issuance of such bonds,  notes  and  other  obligations  and  the  maintenance  of  such  reserves,  all  as  determined  by the authority,  excluding  bonds,  notes  and  other  obligations   issued   to   refund  outstanding  bonds,  notes and other obligations issued pursuant to this  section.    (c)  The  authority,  in  addition  to  the  bonds,  notes  and  other  obligations  authorized  pursuant  to paragraph (b) of this subdivision,  may issue bonds, notes or other obligations pursuant to paragraph (a) of  this subdivision in an aggregate  principal  amount  not  exceeding  ten  million  dollars  for  the  purpose  of funding capital construction and  reconstruction projects on the New York state  canal  system  which  are  deemed  by  the  authority  as  necessary  due  to  the  existence of an  emergency involving danger to life, safety or  property  which  requires  immediate  action. Provided, however, that no such bonds, notes or other  obligations shall  be  issued  pursuant  to  this  paragraph  until  the  authority  has  exhausted its authorization pursuant to paragraph (b) of  this subdivision.    (d) In computing the total principal amount of bonds, notes and  other  obligations  that  may  at any time be issued for any purpose under this  section, the amount of  the  bonds,  notes  or  other  obligations  that  constitutes  interest  under  the United States internal revenue code of  nineteen hundred eighty-six, as amended, shall be excluded.    2. All of the provisions of this title relating to  bonds,  notes  and  other  obligations,  which are not inconsistent with this section, shall  apply to obligations authorized  by  this  section,  including  but  not  limited to the power to issue renewal notes or refunding bonds thereof.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-2 > Title-9 > 383

§  383. Additional powers of the authority to finance certain projects  in connection with the  New  York  state  canal  system.  1.    (a)  The  authority  is  hereby  authorized,  as  an  additional corporate purpose  thereof, to issue its bonds, notes and other obligations  in  conformity  with  applicable  provisions of the uniform commercial code for purposes  of  financing  the   construction,   reconstruction,   development   and  improvement of the New York state canal system.    (b) The authority may issue bonds, notes or other obligations pursuant  to  paragraph  (a)  of this subdivision in an aggregate principal amount  not exceeding sixty million dollars plus a principal  amount  of  bonds,  notes  or  other obligations issued (i) to fund any related debt service  reserve fund, (ii) to provide capitalized  interest  for  a  period  not  exceeding  six  months,  except  that  where the proceeds of such bonds,  notes or other obligations are expended on a revenue-producing  project,  such  period  shall  be  that allowable under the United States internal  revenue code of nineteen hundred eighty-six, as  amended,  in  order  to  preserve  the  exclusion  of  interest  on  such  bonds,  notes or other  obligations from federal income taxation, and (iii) to provide fees  and  other  charges  and expenses, including underwriters' discounts, related  to the issuance of such bonds,  notes  and  other  obligations  and  the  maintenance  of  such  reserves,  all  as  determined  by the authority,  excluding  bonds,  notes  and  other  obligations   issued   to   refund  outstanding  bonds,  notes and other obligations issued pursuant to this  section.    (c)  The  authority,  in  addition  to  the  bonds,  notes  and  other  obligations  authorized  pursuant  to paragraph (b) of this subdivision,  may issue bonds, notes or other obligations pursuant to paragraph (a) of  this subdivision in an aggregate  principal  amount  not  exceeding  ten  million  dollars  for  the  purpose  of funding capital construction and  reconstruction projects on the New York state  canal  system  which  are  deemed  by  the  authority  as  necessary  due  to  the  existence of an  emergency involving danger to life, safety or  property  which  requires  immediate  action. Provided, however, that no such bonds, notes or other  obligations shall  be  issued  pursuant  to  this  paragraph  until  the  authority  has  exhausted its authorization pursuant to paragraph (b) of  this subdivision.    (d) In computing the total principal amount of bonds, notes and  other  obligations  that  may  at any time be issued for any purpose under this  section, the amount of  the  bonds,  notes  or  other  obligations  that  constitutes  interest  under  the United States internal revenue code of  nineteen hundred eighty-six, as amended, shall be excluded.    2. All of the provisions of this title relating to  bonds,  notes  and  other  obligations,  which are not inconsistent with this section, shall  apply to obligations authorized  by  this  section,  including  but  not  limited to the power to issue renewal notes or refunding bonds thereof.