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HomeMy WebLinkAboutGarbage Truck The resolotion published Irerewith bes t~n adopteA on tbe 20th day of January, 199~, and thc validity of the obligations authorized by such lution may be bercefter contestnd only if such obligations wc~c authoriznd for an objeot or puqx~ for which the TOWN OF SOUTHOLD, in O~mUy of Suffolk, New york, is not authorized to expend money or ff thc provisions of law ~ should have been complied with as of the date of pablicetion of this Notice were not 5ub- statoislly complied with, and an action, suit or proceqding contesting such validity is commenced within twenty days after the publication bf this Nndce, or such chli~stions were antho- r~ed in violation of the provisions of the constitution. EL~ZABETfl A. NEVN.~B Town Cisrk BOND RESOLUTION ON THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 20, 1998, AUTHORIZING TIlE PUR- CHAS~ OF A GARBAGE TRUCK NOR USE By TIiE DEPARTMENT OF PUBLIC WORKS; STATINO THE ESTIMATED MAXIMUM COST THEREOF IS $90,000; APPROPRIATINO SAID AMOUNT THEREFOR, AU- THORIZING THE AMOUNT OF AT LEAST $2,000 EXPECFIg) TO IN ALLOWANCE ON THE GARBAGE TRUCK NOW OWNED BY THE TOWN TO BE AFIn mn TOWARDS THE COST OF SUCH NEW GARBAGE TRUCK AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $88,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW yORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of uti tbe members of esid Town Board) AS FOLLOWS: the County of Suffolk, New York 0m~e- in called "Town"), is hereby te pu,-chase a fefo~e tmch fm use by the DeparUnent of Public Wo~z. The estimated maximum cozt thereof, including preliminary caere and corn inciden~ thereto and to the fimmcing is hereby appmpflstnd therefor. The amoont of st isa~ $2,000 is expactod to be reo.Avnd as the m~de-in allow~mce .Town and uasa by said Bol~unem o! Public Works and any such amount is hereby authorized to be apptind track. The pisa of filmncing incindes the application of ~uch monies to be ~cetvnd as the trade-in ~linwance on e ~oafe mwk onmmly owned by the of, the issuance of not to excend finance tho balance of asid qy/xopria- taxes on all the tanchis real proparty in thc Town to pay thc pfindpal of said bonds and thc interest thereon as the same shall become due and payabis. Scotlon 2. Serial bonds of the Town in the principal amonot of not to excend $88,000 a~ bereby authorized to be issued pursuant to the izovisions of the Local Finance Law, constituting Chapter ~-a of the Consolidated of thc State of New York (herein called "Law"), to finance tbe balance of said appropriation after applying the amount of such mgic-in allowance. Section 3; The followin~ additional matters are hereby daterminnd and declared: (a) ~ pafioti of probable useful. ness applicable to the specific object or purpose fore, ich said asfisl bonds authorized imrauant to this resolution am to be issund, within the limitetinns of Sendon 1L00 a. 29. of the Law, is five (5) ycera. (b) The proceeds of the bonds here. in authorized and any bond anticipa~inn n~s issued in anticipation of said bonds may be applied to reiniberse the Town for cxpanditores made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoinsz stetemcnt of intent with respaot to zulmborscment is made in conformity with Treasury Regulation Scotion 1.150-2 of the United Stetes Tieasu~ Department. (c) The proposed maturity of the bonds authorized by this resolution will not'excend five (5) years. Section 4. Each of the bonds an- thorizcd by this resolution and any bond anticipation notes issund inan- ticipatinn of thc s~lc of said bonds sheli cont~fin thc recitel of validity as pre- scribed by Section 52.00 of thc l~w and said bonds and any notes issued in anticipation of said bonds shall he fen. eral obligations of the Town, payable as to both principal and interest by fencr- al rex upon ali the taxable real proparty witl~n the Town without limitation of rate or ammmt. The hith hnd credit the Town are. hereby irrevocably pledfed to the ponc~ti paym¢ot of thc principal of a~ld interest on said bonds and any nogs issund in andcipation of the esJe of said bonds and provision shall be made annually in the bndfet of the Town by appropriation les (a) th~ amortization and redamption of the bonds and any notes in anticipation thereof to msture in such year and (b) the payment of interest to be dae and ,payable in such year. Section 5. Suhjext to thc provisions of this resolution and of the Law and punmant to the provisions of Scndon 2L00 relative to the authofi,~fion of the iszannce of bonds with subetatoisl~ ly level es daciiuln vice, Section ~0.00 reinfivc to the authorization of the issuance of bond anticipation notes and of Seotion 50.00 and Sections 56.00 to 60.00 of thc Law, thc powcre and du~s of the Town Board relative to autborizin$ bond anticipation nogs and pre~ribing the terms, form and contente and as to the sale and issuance of thc bonds berein authorized, and any bonds heretofore m bereaficr authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delefetnd to the Suparvisor, the chief fmcal ot~cer of the Town. · Section 6. The validity of thc bonds anthofiznd by this resoluti(m and of any nogs issued in anticipation of tbe sale of said bonds my be contested only if: (a) Such obliptioan are mUho- ~ for an object or purpose for ~) which the Town is not anthoriand to )SS: expend money, or (b) tbe p~oan of hw ~h~ LK) ~honM be co~plind with st ~ date b'~. ~-,~ Mattituck, in said of the publicstinn of such resointion ~L~,..Lw: ~s~tandanycomplio6wi~ lworn, says that he/she ~s and an action, anti or proceeding con- gsting anch validity is commenced FHE SUFFOLK TIMES, a with~. ~ty days ~¢r t~ date of )ublished at Mattltuck, in such publication, or (c) s~ obli~fions ~ ~bo- ,ld, County of Suffolk anti ~ in ~ioin~on of the p,~,i~o~ ad that the Notice of which of the constitution. Sccfion7. Thjsbondreanintionshall ~ted copy, has been regu- take ¢ffeot immediately, and the Town _~_~ Clerk sberebyanthotiz~danddirectnd ,kilU Newspaper once each 'to p~blish t~ foregoing ~solmion, in weeks_ ...successively, f~ll, together with a Noticed at~.hnd in subs~ntialiy ~ form pr~d by the_' . ~.~l day s~ion SL00 of the ,-w in "T~ 19/~ . SUFFOLK TIMES," a new~paper pub- _ lished in Msttituck, New York, hevin~ a feneral circulntion in the Town and bereby de~ifeatnd thc officiul news- papa~ of said Town for such publica- tion. 1289-1TJ29 Sworn to b~or? me LhAs day of ~4~ Principal Clerk EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York January 20, 1998 A regular meeting of the Town Board of the Town of $outhold, in the County of Suffolk, New York, was held at the Town Hall, Southold, New York, on January 20, 1998 at 4:30 o'clock P.M. (Prevailing Time). There were present: Board Members: Hon. Jean W. Cochran, Supervisor; and Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy There were absent: Also present: Councilman Romanelli resolution and moved its adoption: Elizabeth A. Neville, Town Clerk Laury L. Dowd, Town Attorney offered the following 195712.1 019355 RES BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 20, 1998, AUTHORIZING THE PURCHASE OF A GARBAGE TRUCK FOR USE BY THE DEPARTMENT OF PUBLIC WORKS; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $90,000; APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE AMOUNT OF AT LEAST $2,000 EXPECTED TO BE RECEIVED AS THE TRADE-IN ALLOWANCE ON THE GARBAGE TRUCK NOW OWNED BY THE TOWN TO BE APPLIED TOWARDS THE COST OF SUCH NEW GARBAGE TRUCK AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $88,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to purchase a garbage truck for use by the Department of Public Works. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and to the financing thereof, is $90,000 and the said amount is hereby appropriated therefor. The amount of at least $2,000 is expected to be received as the trade-in allowance for the garbage truck now owned by the Town and used by said Department of Public Works and any such amount 195712.1 019355 RES is hereby authorized to be applied towards the cost of said new garbage truck. The plan of financing includes the application of such monies to be received as the trade-in allowance on a garbage truck currently owned by the Town to pay a portion of the cost thereof, the issuance of not to exceed $88,000 serial bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of not to exceed $88,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance the balance of said appropriation after applying the amount of such trade-in allowance. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the specific object or purpose for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 29. of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after 195712.1 019355 RES the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of 195712.1 019355 RES bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by Section 195712.1 019355 RES 81.00 of the Law in Mattituck, New York, hereby designated the official newspaper of said Town publication. "THE SUFFOLK TIMES," a newspaper published in having a general circulation in the Town and for such 195712.1 019355 RES The adoption of the foregoing resolution was seconded by CntlncJlwnman Hu~si~ and duly put to a vote on roll call, which resulted as follows: AYES: Councilman Murphy, Councilman RomanellJ, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran NOES: None The resolution was declared adopted. 195712.1 019355 RES CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on January 20, 1998, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 20th day of January, 1998. (SEAL) Town ~lerk 195712.! 019355 RES