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HomeMy WebLinkAboutNYS DOT Lighting ELIZABETH A. NEVILLE TOWN CLERK REGISTBAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFtC~I~ Town Hall, 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fox [631) 765-6145 sou~hold~own:nor~hfork mat OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August I, 2003 Mark Boc, amazo, Regional Design Engineer State of New York Department of Tmnsportat/on 250 Veterans Memorial Highway Hauppauge, New York 1 t788-55 Dear Mr. Boeamazo: Transmitted ate signed agreements and certified Southold Town Board resolutions for the following NYS DOT Projects of PIN 0041.99, NY 25 3R: (1) State Route 25 along H/ghland Land Road and Depot Lane, Cutchogue, Town of Southold · (2) State Route 25 along Horton Lane and Boissean Avenue, Southold, Town of Southold Please send fully executed copies once they are signed by your department. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk SUBIMAL CH~KRABORTt. P.E. REGIONAL DIRECTOR STATE OF NEW YORK DEPARTMENT Of TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE~ N.Y. 11788-5518 JOSEPH H, BOARDMAN COMMISSIONER June 16, 2003 Mr. Joshua Y. Hortou Supervisor, Town of Southold Town Hail 53095 Main Road Town of Southold, NY I 1971 Dear Mr. Ho~on: PIN 0041.99, NY25 3R Highland Road to 6~ Street Town of Southold Suffolk County Attached for your review and' approval are two agreements to formalize the understanding between the Department and the To,va of Southold, in reference to the ma/ntenance and energizing of the decorative highway lighting, which wilt be installed under the subject project. The agreements for the lighting are: Along Route 25 betwee~ Highland Road and Depot Lane, where the Town will provide lamps, the Department will install and the Town will maintain/energize the lighting. Also, along Route 25 between Horton Lane and Boisseaue Ave, whLre the Department will install the lighting and the Town will maintain/energize the lighting. Resolutions adopted by the Town Board are requ/red to execute these agreements. A format of the resolution ~s also attached for your use. We would like to process these agreements expeditiously in order to progress the design and to conform to our procedural requirements. Our current schedule calls for consm~ction to begin in 2004. Should you have any questions or comments, please contact Elizabeth Chamakkala at 631-952- 6923. Very Tmly You.rs, Mark Bocamazo, P.E. lqegional Design Engineer Attachments ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRLiGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Halk 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (63t) 7654800 southoldiown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 429 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15, 2003: WItEREAS, the State of New York Department of Transportation proposes to construct a State Highway identified as Route 25, between Highland Road and Depot Lane as part ora project identified as PINO041.99, in the Hamlet of Cutchogue, County of Suffolk within the geographical jurisdiction of the TOWN of Southold. and WHEREAS, the TOWN of Southold approves of such project and desires to have a highway lighting system on such highway w/thin its geographical jurisdiction, and WHEREAS, the Town of Southold has agreed to provide as a part of the project the following items in connection with a street lighting system: 1. Light standards and mounting hardwares 2. Luminaries, wiring, ballasts and all other components necessary to complete the highway lighting system WHEREAs, the State of New York has agreed to provide as a part of the project the following items in connection with a street lighting system; 1. Underground duct system, including conduits, pull boxes, hand holes, and drainage pockets. 2. Foundation for light standards. AGREEMENT FOR MAINTENANCE, REPAIR AND ENERGIZING OF HIGHWAY LIGHTING for State Highway Identified as Route 25 :between Highland Road and Depot Lane in the Hamlet of Cutchogue in the Town of Southold, Suffolk County This Agreement made this 15~h day of July .2003~ by and between the People of the State of New York (hereinafter referred to as "STATE") acting by and through the Commissioner of Transportation (hereinafter referred to as "COMMISS][ONER'') whose l~5_nci, pal office is irt the A~strat~on and EngiSneering Building. 1220 Washington Avenue, State Offfxce Campus~ in the.City aml Cmm,-ty of Alban~y, State of New York. mad the TOWN OF Southold (hereinafter referred to as "TOWN") acting by and througt~ the SUPERVISOR whose prin(~paI offSce is at Town Hall 53095' Main road, in, the Town ~ SouthOld, County of Suffolk, State of New York. WlTNESSETH: WHEREAS, the COMMISSIONER proposes to construct a State Highway pursuant to the New York State Highway Law, such highway being identified as Route 25 between Highland Road and Depot Lane, in the Hamlet of Cutchogue as part of a project identified as PIN 0041.99, County of Suffolk within the geographical jurisdiction of the TOWN, and W~AS, it is recognized by the TOWN and the COMMISSIONER that the STATE does not have the funds available to maintain, repair and energize a fighting system for such highway, and WHEREAS. the TOWN desires to have fighting on and along such highway within the geographical jurisdiction of the TOWN, and WHEREAS, it is recognized by the TOWN and the COMMISSIONER that if the TOWN desires to have lighting on or along such highway within the geographical jurisdiction of the TOWN, the TOWN will have tO provide components as identified below, maintain, repair and energize such lighting at its own expense, and WHEREAS, the TOWN, by Resolution number ~1~9 adopted at a meeting held on July 15 ~ 2003 approved the abox~e-identified project and the terms and provisions of the Agreement and has further authorized the $upervisor of the TOWN to execute this Agreement on behalf of the TOWN. (Copy of such Resolution is attached, and made a part of this Agreement), and WHEREAS. the TOWN and the COMMISSIONER are desirous of identifying the respective responsibilities af the parties with regard to the highway lighting system, -1- NOW. THEREFORE, in consideration of the mutual promises and benefits moving to the parties, it is agreed as follows, viz: 1. The TOWN shall provide the following items m connection with a highway hghtmg system on the above-identified highway: a. Light standards and mounting hardwares b. Luminaires, wiring, ballasts and all other components necessary to complete the highway lighting system 2. The COMMISSIONER shall provide for the furnishing and placing of the following items in connection with a highway lighting system on the above-identified highway: a. Underground duct system, including condqit, pultboxes, hand holes, and drainage pockets. b. Foundation for light standards. All of the items identified in 1 and 2 shall be and continue to be the property of the State of New York. 3. Upon completion of the construction of the above-identified highway lighting system, the TOWN shall, at its own expense, maintain the lighting system on or along such highway. Such maintenance shall include, but not be limited to: a. Repair of equipment which may be damaged from any cause whatsoever. b. Replacement of equipment which may be damaged from any cause whatsoever, such replacement material to be of equal character to the replaced equipment. c. Furnishing electric current for the lighting system during the customary night hours of each day of the year, at no cost or obligation to the STATE. d. Pole attachment fees are the responsibility of the TOWN. Payment of such fees are to be made in accordance with the current Pole Attachment Agreement between NYSDOT and the utility company(s) involved. The TOWN shall continue to maintain the lighting system for a period of 10 years or until such time as the COMMISSIONER, in his discretion, determines that such lighting and/or the maintenance of such lighting system is no longer necessary for such State Highway. -2- In the event the'TOWN, without the prior consent of the COMMISSIONER, discontinues the energizing or discontinues payment for the energizing of the highway lighting system, which results in the State being required to pay the Federal Government any moneys, as a penalty or otherwise~ the TOWN, upon notification by the COMMISSIONER of such requirement to pay, shall reimburse the STATE the mount of such required payment. Further, it is expressly understood that the TOWN shall indemnify and save harmless the STATE from claims, suits, actions, damages and costs of every name and description resulting from the discontinuance of the energizing or the discontinuance of payment for energtzmg of the lighting system bythe TOWN. 4. The COMMISSIONER or his representative may periodically inspect the highway Lighting system provided and installed under the above identified project number to ascertain that the lighting system is being maintained in accordance with the terms of this Agreement and in condition satisfactory to the COMMISSIONER. The COMMISSIONER shall~ in writing, notify the TOWN of any observed deficiencies, listing such deficiencies. Within thirty (30) days of receipt of such notification, he COMMISSIONER or his representative shall arrange for a meeting to be held with the authorized representative of the TOWN. At such meeting the COMMISSIONER or his representative and the authorized representative of the TOWN shall discuss the means required to remedy the noted deficiencies. Based on the discussion, and based on the nature of the rqquh:ed remedial action, a reasonable time limit shall be mutually established by the COMMISSIONER or his representative and the authorized representative of the TOWN for the satisfactory completion of remedial action by the TOWN. 5. It is recognized by the parties hereto that failure of the TOWN to complete the reqtfn:ed remedial actions within the agreed upon time limit may subject the TOWN to certain penalties. If equipment supplied and installed by the STATE for the above subject lighting system was done pursuant to a Federally-aided and Federally-re/mbursable contract, and the TOWN fails to make remedial actions within the agreed upon time limit, no ftmher Federally- aided project for which the TOWN would have maintenance responsitYdity shall be approved until such time as the lighting system is restored to the level and condition of maintenance required by this Agreement. In addition, failure of the TOWN to make such remedial actions may subject the TOWN to loss of STATE aid for other TOWN projects. 6. The TOWN agrees not to assign, transfer, convey, sublet or otherwise dispose of this Agreement or any part thereof, or of its right, tire or interest therein, or its power to execute such agreement to any person, company, or corporation without previous consent in writing of the COMMISSIONER, except as herein provided by Resolution attached hereto. 7. Prior to the expiration of this Agreement, the Town shall review the Agreement and determine whether it desires to :ontinue maintaining said lighting system for and additional 10 year period. If the TOWN is desirous of having lighting for an additional 10 years, prior to the expiration of this Agreement, the Town Board of the TOWN shall, by resolution, authorize the Supervisor of the TOWN'to enter into and execute an Agreement with the State by and through the COMMISSIONER committing the TOWN to maintain, at its own expense, said hghting system for a second period of i0 years. The Snpervisor of the TOWN shall enter into such an Agreement with the State prior to t_he termination of this Agreement. ff the'TOWN, in its discretion, determines that it does not desire to maintain said hghting system ~?,ond the 10 year period established in this Agreement, it will so notify the COMMISSIONER. prior to the expkation of this Agreement, the Town Boafi:l of the TOWN has not authorized the 8t~pervisor of the TOWN, by resolution, to execute an Agreement to maintain said highway lightin~gfor a [eco~d 10 year period, the TOWN shall be deemed to no longer be desirous of tnaintainmg said li.ghBng system. Where the TOWN has no desire to maintain'the lighting system for an additional 10 years, said lighting fixtures will be removed by the STATE at the TOWN's expense, unless the STATE has funds available to maintain, repair and energize said lighting system and the COMMISSIONER, in his discretion, deterrrdnes that such lighting is necessary for such State Highway. Upon notification by the COMMISSIONER of th,e removal cost, the TOWN shall reimburse the STA~E the amou~ specified. The TOWN s obligation to pay the removal costs continues beyond the exp/ration of this Agreement. The cost of removal includes but is not limited to review and upgrading of roadway delineation features, including pavement markings, and any and all penalties, fees. and/or other costs for unamortized fixtures which the STATE is required to pay the Federal Government. -4- IN WITNESS WHEREOF, the TOWN has caused this Instrument to be signed by its Approved ~ntent: STATE OF NEW YORK ) ) SS: COLrNTY OF ) On this A4~P' day of (;~fW did dispose, andsay that he is the ~'~/ZtWSo ~- TOWNof -Southofd. NY. By: i ! ~ ~to n ,2003 before me personally came to me known, who, being by me duly sworn of the Municipal Corporation described in and which executed the above instrument; that he knows the seal of such Murdcipality; that the seal affixed to said instrument is such corporate seal, that it was affixed by order of'the Legislative Body.of said Municipal COrporation pursuant to a Resolution which was duly adopter} on~3~/~/- t ]$~ 2-~: ~ and to which a certified copy is attached and made a part hereof; and ~at he signed his name thereto by like order, IN WITNESS WHERiEOF,- the STATE has caused ttfis Instrument to be signed by said COMMISSIONER of Transportation. Approved as to form: Attorney General By: Assistant Attorney General Recommended by: The People of the State of New York By: (Commissioner of Transportation) Contracts Bureau STATE OF NEW YORK COUNTY OF AI~ANY On this personally came ) ) SS: ) dayof ,2003 before me, the subscriber, to me known and known to me to be the Commissioner of Transportation of the State of New York and the same person described in and who executed the same as Commissioner pursuant to the atamte in such case provided. Notary Public ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VIT~kL STATISTICS MARRIAGE OFFICER RECORDS ivIAIqAGEMENT OFFICER FREEDO~VI OF tlxrFORM~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 s oulholdtown.northfork met OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 430 OF 2003 ~VAS ADOPTED A~[ THE REGULARMEETING OF THE SOUTHOLD TO%IN BOARD ON JULY 15, 2003: WHEREAS, the State of New York Department of Transportation proposes to construct a Sra~e Highway identified as Route 25, Horton Lane and Boissean Avenue as part of a project identified as PINO041.99, County of Suffolk, within the geographical jurisdiction of the Town of Southold~ and WHEREAS, the Town of Southold approves of such project and desires to have a highway lighting system on such highway within its geographical jurisdiction, and WHEREAS, the State of New York has agreed to provide as a part of the project the follow/rig items in connection with a street lighting sysrem: 1. Underground duct system, including conduits, pull boxes, hand holes, and drainage pockets. 2. Foundation for Ii§bt standards. 3. Light standards 4. Luminaries, wiring, ballasts and all other components necessary to cemplete the highway lighting system All of the above-identified items shall be and continue to be the property of thc State of New York. Provided that the To~vn of Southold agrees to maintain, repair and energize such highway lighting system for a period of 10 years or until such time as the Commissioner, in his discretio~ determines that such 1/ghfing and for maintenance of such lighting system is no longer necessary for such Highway. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold hereby approves of the above- subject project; and it is hereby further RESOLVED, that the To;vn of Southold shall maintain, repair and energize such highway lighting system, and it is hereby further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to enter into and execute an Agreement with the State of New York and through the Commissioner of Transportation to commit the Town o£Southold to maintain, at its own expense, the lighting system on the above-identified project, such a~eement to provide that the maintenance shall include the repair and replacement of equipment and the furnishing of electric current for the t/ghting system, and it is hereby further RESOLVED that the Clerk of this TOWN of Southold is hereby directed to transmit five (5) certified copies o£the foregoing resolution to the State Department of Transportation. Elizabeth A. Neville Southold Town Clerk AGREEMENT FOR MAINTENANCE, REPAIR AND ENERGIZING OF HIGHWAY LIGHTING for State Highway Identified as Route 25 between Horton Lane and Boisseau Avenue in the Town of Southold, SuffoIk County_ This Agreement made this 15th day of July .2003. by and between the People of the State of New York (hereinafter referred to as "STATE") acting by and through the Comrmsslone of Tmaspo~r~atto~n 01ereinafterreterred t.o as CO--tONER ) whose principal office is in:~ ~/stra!ion and Engineering Bui}ding, 1220 Was~hington Avenue~ State Office campus, in .the ~ 'a~d, CouatY ,of Albany, State ot"New YorJr, and the TOWN OF Southold (hereinafter referred to as ~TOWIXI~'~) acting b~y and through 1;he SUPERVISOR whose pri~ cipal office is at Tows Hall~ 53096Main~:oack in the Town of Srmthotd, County of Saffolk, S~tate of New York. WITNESSETH: WHEREAS, the COMMISSIONER proposes to construct a State Highway pursuant to the New York State Highway Law, such highway being identified as Route 25 between Horton Lane and Boisseau Avenue as part of a project identified as PIN 0041.99. County of Suffolk within the geographical jurisdiction of the TOWN, and WI-IEREAS, it is recognized by the TOWN and the COMMISSIONER that the STATE .does not have the funds available to maintmn, repair and energiz~ a lighting system for such highway, and WHEREAS, the TOWN des'zres to have lighting on and along such highway within the geographical jurisdiction of the TOWN, and WHEREAS, it is recognized by the TOWN and the COMMISSIONER that if the TOWN desires to have lighting on or along such highway within the geographical jurisdiction of the TOWN, the TOWN will have to maintain, repair and energize such lighting at its own expense, and WHEREAS, the TOWN, by Resolution number fl.'t0 adopted at a meeting held on July 15, 2003 approved the above-identified project and the terms and provisions of the Agreement and has further authorized the Supervisor of the TOWN ro execute this Agreement on behalf of the TOWN. (Copy of such Resolution is attached and made a part of this Agreement), and WI]EREAS, the TOWN and the COMMISSIONER are desirous of identifying the respective responsibilities of the parties with regard to the highway lighting system, NOW, THEREFORE. in considerat:on of the mutual promises and benefits moving to the parties, it is agreed as follows, viz: 1. The COMMISSIONER shall provide for the furnishing and placing of the following items in conr~tion with a highway lighting system on the above-identified highway: a. Underground duct system, including conduit, pullboxes, hand holes, and drainage pockets. b. Foundation for light standards. c. Light standards d. Lumina/xes, wiring, ballasts and all other components necessary to complete the highway hghting system All of the above-identified items shall be and continue to be the property of the State of New York. 2. Upon completion of the construction of the above4dentified highway lighting system, the TOWN shall, at its own expense, maintain the lighting system on or along such highway. Such maintenance shall include, but not be limited to: a. Repair of equipment which may be damaged from any cause whatsoever. b. Replacement of equipment which may be damaged from any cause whatsoever, such replacement material to be of equal character to the replaced equipment. c. Furnishing electric current for the lighting system during the customary night hours of each day of the year. at no cost or obligation to the STATE. d. Pole attachment fees are the responsibility of the TOWN. Payment of such fees are to be made in accordance with the current Pole Attachment Agreement between NYSDOT and the utility company(s) involved. The TOWN shall continue to maintain the lighting system for a period of 10 years or until such time as the COMMISSIONER, in his discretion, determines that such lighting and/or the maintenance of such lighting system is no longer necessary for such State Highway. -2- In the event the TOWN. without the prior consent of the COMMISSIONER. discontinues the energizing or discontinues payment for the energizing of the highway l/ghting system, which results in the State being required to pay the Federal Govemmem any moneys, as a penalty or ~otherwise, the TOWN, upon notification by the COMMISSIONER of such requirement to pay, shall reimburse the STATE the amount of such required payment. Further, it is expressly understood that the TOWN shall indemnify and save harmless the STATE fi:om claims, suits~ actions, damages and costs of every name and description resulting from the discontinuance of the energizing or the discontinuance of payment for energizing of the lighting system by the TOWN. 3. The COMMISSIONER or his representative may periodically inspect the highway lighting system provided and installed under the above identified project number to ascertain that the lighting sys~tem is being maintained in accordance with the terms of this Agreement and in condition satisfactory to the COMMISSIONER. The COMMISSIONER shall, in writing, notify the TOWN of any observed deficiencies, l/sting such deficiencies. Witkin thirty (30) days of receipt of such notification, the COMMISSIONER or his representative shall arrange for a meeting to be held with the authorized repregentative of the TOWN. At such meeting the COMMISSIONER or his representative and the authorized representative of the TOWN shall discuss the means required to remedy the noted deficiencies. Based on the discussion, and based on the nature of the. required remedial action, a reasonable time limdt shall be mutually established by the COMMISSIONER or hi~ representative and the authorized representative of the TOWN for the satisfactory completion of remedial action by the TOWN. 4. It is recognized by the parties hereto that failure of the TOWN to complete the required remedial actions within the agreed upon time l/mit may subject the TOWN to certain penalties. If equipment supplied and.installed by the STATE for the above subject lighting system was done pursuant to a Federally-aided and Federally-reimbursable contract, and the TOWN falls to make remedial actions within the agreed upon time limdt, no further Federally- aided project for which the TOWN would have maintenance responsibility shall be approved until sucl/time as the lighting system is restored to the level and~condition of maimenance required by this Agreement. hi addition, failure of the TOWN to make such remedial actions may subject the TOWN to loss of STATE aid for other TOWN projects. 5. The TOWN agrees not to assign, transfer, convey, sublet or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute such agreement to any person, company, or corporation without previous consent in writing of the COMMISSIONER, except as heroin provided by Resolution attached hereto. -3- 6. Prior to the expiration of this Agreement, the Town shall review the Agreement and determine whether it desires to continue maintaining said lighting system for and additional 10 year period. If the TOWN is desirous of having lighting for an additionai 10 years, prior to the expiration of this .Agreement. the Town Board of the TOWN shall, by resolution, authorize the Supervisor of the TOWN to enter into and execute an Agreement with the State by and through the COMMISSIONER committing the TOWN to maintain, at/ts own expense, said lighting system for a second period of 10 years, The Supervisor of the TOWN shall enter into such an Agreemc~nt with the State prior to the termination of this Agreement. If the TOWN, in its discretion, determines that it does not desire to maintain said lighting system beyond the 10 year period established in this Agreement, it will so notify the COMMISSIONER. ~ prior to the expiration of this Agreement, the Town Board of the TOWN has not authorized ~e Snpervisor of the TOWN, by resolution, ro e~ecuie an Agreement to maintain said highway ~hting for a second 10 year period, the TOWN ~hall be deemed to no longer be desirous of maintaining said lighting system. Where the TOWN has no desire to maintain the hghting system for an additional 10 years, said ~ightJng fixtures will be removed by the STATE at the TOWN's expense, unless the STATE has funds available to maintain, repair and ener~ze said hghting system and the COMMISSIONER, in his discretion, determines that such lighting is necessary for such State Highway. Upon notification bythe COMMISSIONER of the removal cost, the TOWN shall reimburse the STATE the amount specified. The TOWN's obligation to pay the removal costs continues beyorrd the expiration of this Agreement. The cost of removal includes but is not limited to review and upgrading of roadway delineation features, including pavement markings, and any and all penalties, fees, and/or other costs for unamortized fixtures which the STATE is required to pay the Federal Government. IN WITNESS WHEREOF, the TOWN has caused this Insu-ument to be signed by liS Approv~rm and content: Town~t~ STATE OF NEW YORK ) ) SS: COUNTY OF ) On this J ,o~ day of Town of Southold ( Joshua Y. Hortoh ~ ~, 2003 before me personally came v to me known, who, behag by me c~uly sworn did dispose and say tb~at he is the ,5~¥~;u(5~-~ of the Murdcipal Corporation described in and which, executed the above instrument: that he knows the seal Of such Municipality;, that the seal affixed to said insu-ument is such corporate seal, that it was affixed by order of the Legislative Body of said Municipal Corporation pursuant to a Resolut~qn which was duly adoptedon ~"(' /,5:; 5~vc.~ andtowhichacertifiedcopyisattachedandmadeapart hereof: and that he ~igned his name thereto by tike order. Netarg Public, State of N~ Y~k Not~ ~lic ~ ~SS W~OF_ ~e STATE has caused this ~s~ent to ~ si~ed by s~d CO~SSIO~ of Transpo~ation. Approved ~ to fern: A~omcy Genc~ By: Ass]stanl Attorney General Recommended by: The People of the State of New York By: (Commissioner of Transportation) Contracts Bureau STATE OF NEW YORK COUNTY OF ALBANY On this personally came ) ) SS: ) day of ,2003 before me, the subscriber, to me known and known to me to be the Commissioner of Transportation of the State of New York and the same person described in and who executed the same as Commissioner pursuant to the statute in such case provided. Notary Public