Sec. 7-329r. Municipal guarantee of port authority bonds.
Sec. 7-329r. Municipal guarantee of port authority bonds. For the purpose of
aiding a port authority in the planning, undertaking, acquisition, construction or operation of any port facility, any participating municipality may, pursuant to resolution
adopted by its legislative body in the manner provided for adoption of a resolution
authorizing bonds of such municipality and with or without consideration and upon such
terms and conditions as may be agreed to by and between the municipality and the
port authority, unconditionally guarantee the punctual payment of the principal of and
interest on any bonds of the port authority and pledge the full faith and credit of the
municipality to the payment thereof. Any guaranty of bonds of a port authority made
pursuant to this section shall be evidenced by endorsement thereof on such bonds, executed in the name of the municipality and on its behalf by such officer thereof as may
be designated in the resolution authorizing such guaranty, and such municipality shall
thereupon and thereafter be obligated to pay the principal of and interest on said bonds
in the same manner and to the same extent as in the case of bonds issued by it. As part
of the guarantee of the municipality for payment of principal and interest on the bonds,
the municipality may pledge to and agree with the owners of bonds issued under this
chapter and with those persons who may enter into contracts with the municipality or
the port authority or any successor agency pursuant to the provisions of this chapter that
it will not limit or alter the rights thereby vested in the bondowners, the port authority
or any contracting party until such bonds, together with the interest thereon, are fully
met and discharged and such contracts are fully performed on the part of the municipality
or the port authority, provided nothing in this subsection shall preclude such limitation
or alteration if and when adequate provisions shall be made by law for the protection
of the owners of such bonds of the municipality or the port authority or those entering
into such contracts with the municipality or the port authority. The port authority is
authorized to include this pledge and undertaking for the municipality in such bonds or
contracts. To the extent provided in such agreement or agreements, the obligations of
the municipality thereunder shall be obligatory upon the municipality and the inhabitants
and property thereof, and thereafter the municipality shall appropriate in each year during the term of such agreement, and there shall be available on or before the date when
the same are payable, an amount of money which, together with other revenue available
for such purpose, shall be sufficient to pay such principal and interest guaranteed by it
and payable thereunder in that year, and there shall be included in the tax levy for each
such year an amount which, together with other revenues available for such purpose,
shall be sufficient to meet such appropriation. Any such agreement shall be valid, binding
and enforceable against the municipality if approved by action of the legislative body
of such municipality. Any such guaranty of bonds of a port authority may be made, and
any resolution authorizing such guaranty may be adopted, notwithstanding any statutory
debt or other limitations, but the principal amount of bonds so guaranteed shall, after
their issuance, be included in the gross debt of such municipality for the purpose of
determining the indebtedness of such municipality under subsection (b) of section 7-374. The principal amount of bonds so guaranteed and included in gross debt shall be
deducted and is declared to be and to constitute a deduction from such gross debt under
and for all the purposes of said subsection (b) of section 7-374, (1) from and after the
time of issuance of said bonds until the end of the fiscal year beginning next after the
completion of acquisition and construction of the port facility to be financed from the
proceeds of such bonds and (2) during any subsequent fiscal year if the revenues of the
port authority in the preceding fiscal year are sufficient to pay its expenses of operation
and maintenance in such year and all amounts payable in such year on account of the
principal and interest on all such guaranteed bonds, all bonds of the municipality issued
as provided in section 7-329q, and all bonds of the port authority issued under section
7-329g.
(P.A. 98-240, S. 18.)