State Codes and Statutes

Statutes > New-york > Stf > Article-5 > 59

§  59.  Issuance of grade crossing bonds. 1. Whenever the legislature,  under the power granted to it by section fourteen of  article  seven  of  the  state  constitution,  shall have authorized the creation of a state  debt or debts for the elimination of grade crossings at grade, bonds  of  the  state,  to  the amount of the debt or debts so authorized, shall be  issued and sold by the state comptroller.   Any appropriation  from  the  proceeds of the sale of bonds, pursuant to this section, shall be deemed  to  be an authorization for the creation of a state debt or debts to the  extent of such appropriation. They shall be  known  as  "grade  crossing  elimination bonds." They shall bear interest at such rate or rates as in  the  judgment of the state comptroller may be sufficient or necessary to  effect a  sale  of  the  bonds,  and  such  interest  shall  be  payable  semi-annually in the city of New York.    2.  Such  bonds,  or  the portion thereof at any time issued, shall be  made payable in equal annual installments, the first of which  shall  be  payable  not  more  than one year from the date of issue and the last of  which shall be payable at such time as the comptroller may determine but  not more than forty years after the date of issue. In no case shall such  bonds or portion thereof be issued for a period longer than the probable  life of the work or purpose, or part thereof, to which the  proceeds  of  the  bonds  are  to  be  applied,  as  may  be  determined under section  sixty-one  of  the  state  finance  law  and  in  accordance  with   the  certificate  of the public service commission. Such certificate shall be  filed in the office of the state comptroller and shall state the  group,  or,  where the probable lives of two or more separable parts of the work  or purpose are different, the groups  specified  in  such  section,  for  which the amount, or amounts, shall be provided by the issuance and sale  of  bonds. Such bonds, or the portion thereof at any time sold, shall be  of such denominations, subject to the foregoing provisions, as the state  comptroller may determine.    3. Such bonds shall be sold in such lot or lots, from time to time, as  may be required for the expense of grade crossing eliminations for which  the creation of a state  debt  or  debts  shall  have  been  authorized,  pursuant  to  section fourteen of article seven of the constitution, and  appropriations shall have been made by law, but not  in  excess  of  the  aggregate amount authorized for such purpose.    4. Such bonds shall be sold at not less than par to the highest bidder  not less than four nor more than fifteen days, Sundays excepted, after a  notice  of  such  sale  has  been  published  at  least  once in a daily  newspaper published in Albany and in a  daily  newspaper  published  and  circulating  in  New York city, which shall state the terms of the sale.  The comptroller may not change the terms of the sale  unless  notice  of  such  change  is  published in such newspapers at least one day prior to  the date of the sale as set  forth  in  the  original  notice  of  sale.  Advertisements  shall  contain  a provision to the effect that the state  comptroller, in his discretion, may reject  any  or  all  bids  made  in  pursuance  of  such  advertisements, and in the event of such rejection,  the state comptroller is authorized to readvertise for bids in the  form  and  manner  above  described  as many times as, in his judgment, may be  necessary to effect a satisfactory sale.    5. The proceeds of bonds sold pursuant to this section shall  be  paid  into the state treasury, and shall be a separate fund or funds available  only  to  the  extent  of  appropriations  for  elimination  of railroad  crossings at grade pursuant to section fourteen of article seven of  the  constitution.

State Codes and Statutes

Statutes > New-york > Stf > Article-5 > 59

§  59.  Issuance of grade crossing bonds. 1. Whenever the legislature,  under the power granted to it by section fourteen of  article  seven  of  the  state  constitution,  shall have authorized the creation of a state  debt or debts for the elimination of grade crossings at grade, bonds  of  the  state,  to  the amount of the debt or debts so authorized, shall be  issued and sold by the state comptroller.   Any appropriation  from  the  proceeds of the sale of bonds, pursuant to this section, shall be deemed  to  be an authorization for the creation of a state debt or debts to the  extent of such appropriation. They shall be  known  as  "grade  crossing  elimination bonds." They shall bear interest at such rate or rates as in  the  judgment of the state comptroller may be sufficient or necessary to  effect a  sale  of  the  bonds,  and  such  interest  shall  be  payable  semi-annually in the city of New York.    2.  Such  bonds,  or  the portion thereof at any time issued, shall be  made payable in equal annual installments, the first of which  shall  be  payable  not  more  than one year from the date of issue and the last of  which shall be payable at such time as the comptroller may determine but  not more than forty years after the date of issue. In no case shall such  bonds or portion thereof be issued for a period longer than the probable  life of the work or purpose, or part thereof, to which the  proceeds  of  the  bonds  are  to  be  applied,  as  may  be  determined under section  sixty-one  of  the  state  finance  law  and  in  accordance  with   the  certificate  of the public service commission. Such certificate shall be  filed in the office of the state comptroller and shall state the  group,  or,  where the probable lives of two or more separable parts of the work  or purpose are different, the groups  specified  in  such  section,  for  which the amount, or amounts, shall be provided by the issuance and sale  of  bonds. Such bonds, or the portion thereof at any time sold, shall be  of such denominations, subject to the foregoing provisions, as the state  comptroller may determine.    3. Such bonds shall be sold in such lot or lots, from time to time, as  may be required for the expense of grade crossing eliminations for which  the creation of a state  debt  or  debts  shall  have  been  authorized,  pursuant  to  section fourteen of article seven of the constitution, and  appropriations shall have been made by law, but not  in  excess  of  the  aggregate amount authorized for such purpose.    4. Such bonds shall be sold at not less than par to the highest bidder  not less than four nor more than fifteen days, Sundays excepted, after a  notice  of  such  sale  has  been  published  at  least  once in a daily  newspaper published in Albany and in a  daily  newspaper  published  and  circulating  in  New York city, which shall state the terms of the sale.  The comptroller may not change the terms of the sale  unless  notice  of  such  change  is  published in such newspapers at least one day prior to  the date of the sale as set  forth  in  the  original  notice  of  sale.  Advertisements  shall  contain  a provision to the effect that the state  comptroller, in his discretion, may reject  any  or  all  bids  made  in  pursuance  of  such  advertisements, and in the event of such rejection,  the state comptroller is authorized to readvertise for bids in the  form  and  manner  above  described  as many times as, in his judgment, may be  necessary to effect a satisfactory sale.    5. The proceeds of bonds sold pursuant to this section shall  be  paid  into the state treasury, and shall be a separate fund or funds available  only  to  the  extent  of  appropriations  for  elimination  of railroad  crossings at grade pursuant to section fourteen of article seven of  the  constitution.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-5 > 59

§  59.  Issuance of grade crossing bonds. 1. Whenever the legislature,  under the power granted to it by section fourteen of  article  seven  of  the  state  constitution,  shall have authorized the creation of a state  debt or debts for the elimination of grade crossings at grade, bonds  of  the  state,  to  the amount of the debt or debts so authorized, shall be  issued and sold by the state comptroller.   Any appropriation  from  the  proceeds of the sale of bonds, pursuant to this section, shall be deemed  to  be an authorization for the creation of a state debt or debts to the  extent of such appropriation. They shall be  known  as  "grade  crossing  elimination bonds." They shall bear interest at such rate or rates as in  the  judgment of the state comptroller may be sufficient or necessary to  effect a  sale  of  the  bonds,  and  such  interest  shall  be  payable  semi-annually in the city of New York.    2.  Such  bonds,  or  the portion thereof at any time issued, shall be  made payable in equal annual installments, the first of which  shall  be  payable  not  more  than one year from the date of issue and the last of  which shall be payable at such time as the comptroller may determine but  not more than forty years after the date of issue. In no case shall such  bonds or portion thereof be issued for a period longer than the probable  life of the work or purpose, or part thereof, to which the  proceeds  of  the  bonds  are  to  be  applied,  as  may  be  determined under section  sixty-one  of  the  state  finance  law  and  in  accordance  with   the  certificate  of the public service commission. Such certificate shall be  filed in the office of the state comptroller and shall state the  group,  or,  where the probable lives of two or more separable parts of the work  or purpose are different, the groups  specified  in  such  section,  for  which the amount, or amounts, shall be provided by the issuance and sale  of  bonds. Such bonds, or the portion thereof at any time sold, shall be  of such denominations, subject to the foregoing provisions, as the state  comptroller may determine.    3. Such bonds shall be sold in such lot or lots, from time to time, as  may be required for the expense of grade crossing eliminations for which  the creation of a state  debt  or  debts  shall  have  been  authorized,  pursuant  to  section fourteen of article seven of the constitution, and  appropriations shall have been made by law, but not  in  excess  of  the  aggregate amount authorized for such purpose.    4. Such bonds shall be sold at not less than par to the highest bidder  not less than four nor more than fifteen days, Sundays excepted, after a  notice  of  such  sale  has  been  published  at  least  once in a daily  newspaper published in Albany and in a  daily  newspaper  published  and  circulating  in  New York city, which shall state the terms of the sale.  The comptroller may not change the terms of the sale  unless  notice  of  such  change  is  published in such newspapers at least one day prior to  the date of the sale as set  forth  in  the  original  notice  of  sale.  Advertisements  shall  contain  a provision to the effect that the state  comptroller, in his discretion, may reject  any  or  all  bids  made  in  pursuance  of  such  advertisements, and in the event of such rejection,  the state comptroller is authorized to readvertise for bids in the  form  and  manner  above  described  as many times as, in his judgment, may be  necessary to effect a satisfactory sale.    5. The proceeds of bonds sold pursuant to this section shall  be  paid  into the state treasury, and shall be a separate fund or funds available  only  to  the  extent  of  appropriations  for  elimination  of railroad  crossings at grade pursuant to section fourteen of article seven of  the  constitution.