Loading...
HomeMy WebLinkAboutAquisition of Agricultural LandSUPPLEMENTAL CERTIFICATE OF THE TOWN CLERK I, JUDITH T. TERRY, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: 1. That the names of the members of the Town Board and of the officers of the Town, the dates of their election or appointment and the dates of commencement and of expiration of their terms of office for the official year commencing January 1, 1995 and ending December 31, 1995 are as follows: Name and Date of Election Date of Commence- Date of End Office or Appointment ment of Term of Term Supervisor: Thomas Wickham 11/2/93 1/1/94 12/31/95 Town Board: Joseph J. Lizewski 11/5/91 Alice J. Hussie 11/5/91 Joseph L. Townsend, Jr. 11/2/93 Ruth D. Oliva 11/2/93 Louisa P. Evans 11/2/93 Town Clerk: 1/1/92 12/31/95 1/1/92 12/31/95 1/1/94 12/31/97 I/1/94 12/31/97 1/1/94 12/31/97 Judith T. Terry 11/2/93 1/1/94 12/31/97 Town Attorney: Laury L. Dowd 11/2/93 1/194 12/31/95 NYI 118579. l 015419 CERT Ail of the foregoing officers filed their oaths of office with the undersigned Town Clerk and such of them as were required to file or give bonds or official undertakings, filed or gave such bonds or official undertakings in form and sum approved by the Town Board and all of such members of the Town Board and officers are legally eligible and are otherwise duly qualified as such and are the acting members of the Town Board and officers of the Town. 2. The seal impressed upon this Certificate is the duly adopted and only official corporate seal of the Town. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town as of the 8th day of November, 1995. (SEAL) Town Clerk NYI 118579 I 015419 CERI SUPERVISOR'S CERTIFICATE OF AWARD I, THOMAS H. WICKHAM, Supervisor of the Town of Southold, in the County of Suffolk, New York (the "Town"), CERTIFY AND REPORT AS FOLLOWS: Time), Wood, HEREBY 1. On October 25, 1995, at 11:00 A.M. (Prevailing bids were received at the offices of Hawkins, Delafield & 67 Wall Street, New York, New York. 2. At that time and place, two (2) sealed bids were received for the purchase of $1,750,000 Agricultural Land Preservation Serial Bonds-1995 of the Town (the "Bonds") pursuant to the Notice of Sale of said Bonds heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the Supervisor as of October 13, 1995, and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the check required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I caused to be publicly announced that Roosevelt & Cross,' Inc., New York, New York was the successful bidder to whom the Bonds are to be awarded, at the purchase price of $1,750,000 plus accrued interest at the rates to be borne by the Bonds from the date of the Bonds to the date of payment of the purchase price, said bid of said successful bidder (copy attached) being the best bid received under the terms of the Notice of Sale therefor and providing the lowest net interest cost over the life of the Bonds, computed as follows: Gross Interest .............. $1,084,585.00 Less the Amount of the Premium Bid Above Par ...... $ -0- Net Interest Cost ........... $1,084,585.00 Effective Net Interest Rate. 5.2919% 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing in the year 1997, at 5.00% Bonds maturing in each of the years 1998 to 2008, Bonds maturing in the year 2009, at 5.20% Bonds maturing in the year 2010, at 5.30% Bonds maturing in the year 2011, at 5-3/8% Bonds maturing in the year 2012, at 5.40% Bonds maturing in each of the years 2013 to 2015, such rates of interest sell said Bonds. inclusive, at 5.10% inclusive, at 5.50% being the rates necessary for the Town to 6. I thereupon returned to the other bidder the good faith check received with its aforesaid sealed bid. 7. Said Bonds will be delivered to the said successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. IN WITNESS WHEREOF, I have here~to set my hand as of the 25th~ ~~ Oc e ,/~995. Supervisor NYI 118579.1 015419 CERT TOWN CLERK'S CERTIFICATE I, JUDITH T. TERRY, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing Certificate of Award of the Supervisor and the same is a true and complete copy of said Certificate filed with the Town Board on or before November 8, 1995. I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Supervisor by the resolution cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Town Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Town, this 1995. corporate seal of said 30th day of October , (SEAL) Town Clerk Nfl 118579.1 015419 CERT ~O~S~ ~RBO~S October 25, 1995 Hon. ThomaS lt. Wickhsm Supervisor Town of Southold, New York c/o Hawkins, Delafleld & Wood 12th Floor 67 WaU Street New York, New York 1000~. Net Interest Cost Net Interest Rate Dear M~. Wlckbem: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale dated October 13, 1995, which is purchase all of the SI,'/S0,000 Agricultural Land Preservation Serial Bonds-1995 of the hereby mede · part of this proposal, ~ offer to -~ .' New York, described in said Notice of Sale, and to pay therefor the price of $1,T$0,000 plus $ Town of Southold, that the Bonds ummring in the plus interest, if any, accrued on said Bonds from their date to the date of their delivery, provided several years set. forth below shall bear interest fr~m their date until maturity at the respective rates per annum rated in the following ,-bi,: .. 5:./D Bonds maturing in the year 199"/, ut fi' Bonds maturing in the year 1998, ot 5'iO % Bonds maturing in the yusr 2008, ot Bonds maturing in the year 1999, ot 6 Bonds maturing in the year 2009, st Bo.ds maturin, '" the year 2010, .t Bonds maturing in the year 2000, at _ 6 Bonds maturing in the year 2011, at Bonds maturing in the year 2001, at Bonds maturing in the year 2002, at % Bonds maturing in the year 2012, at % Bonds maturing in the year 2013, at ~, ~_..~__~6 Bonds maturing in the year 2003, at 6 Bonds maturing in the year 2014, at Bonds maturing in the year 2004, at _ Bonds maturing in the year 200~, at 6 Bonds maturing'in the year 201~, st ..6 Bonds maturing in the year 2006, st -~ ~' ....... .,..,. c,eck in the ~m o, S,,.0o0. mad, ~,y,:" :~_ We enclose herewith · cerm~eu or ,~. ...... --."~ed if the bid is not occe. pted; otuer~.?e to u~_~_e~:, l~.~. Boa's-in oceordance ' k which check b to be returned to the u,n, deL~..a.._..~ ao...ooo, in ease we should not lage up [llds~,°lr'to be .,-.~ed by th: ~o~ aS and for lieu,. ...... .-- -- with the terms of th~s proposal. · ur corn utetion o! the net inter, cost, .~ad~e~tv~obvi/nedsd ~ndthe~r ~hb~eVfo~::~fl~n~oNp~aC~ of Sale, but not · .Th, ~_o~_a,~: fore.lPg, Prop..I for th, pnceh.,, 0~ ~ ............ ~,,~? eo,s,,tu,-g"",, ......... $I/ Gross Inter,st $ "' ~.~:9/9 ~'( our decimals) ~y: ~OOSEVELT & ~et~OSS, ..INC. & ASSOCIATES f the ood faith check/on October 2S, 199S, in. the .amou.n,t ?f -. ~,e~ ~:'om t~e Town of So*thold, New York, is bereay acKno~,eugeu. 118579.1 01~419 PP~C OFFICERS' CLOSING CERTIFICATES RELATING TO THE BONDS OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK CERTIFICATE AS TO SIGNATURES AND LITIGATION WE, the undersigned officers of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York and herein referred to as the "Issuer", HEREBY CERTIFY that on or before the date hereof, each of the Issuer's $1,750,000 Agricultural Land Preservation Serial Bonds-1995 (the "~onds"), dated November 1, 1995, and more fully described in Schedule X attached hereto and hereby made a part hereof, were duly and completely executed in the name and on behalf of the Issuer by the manual signatures of the undersigned officers of the Issuer, each of whom did and does hereby adopt such respective signatures, and the impressing thereon of the official seal of the Issuer, and that on the date hereof, we are the duly chosen, qualified and acting officers of the Issuer holding the respective offices indicated by the official titles set opposite our several signatures hereto, for terms expiring on the respective dates set opposite such titles. WE FURTHER CERTIFY that the seal which is impressed upon this certificate has been impressed upon each of the Bonds and is the legally adopted, proper and only official corporate seal of the Issuer. WE FURTHER CERTIFY that no litigation of any nature is now pending or threatened restraining or enjoining the issuance 118579.1 015419 CERT or delivery of said Bonds or the levy or collection of any taxes to pay the interest on or principal of said Bonds, or in any manner questioning the authority or proceedings for the issuance of said Bonds or the levy or collection of said taxes, or relating to said Bonds or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Issuer nor the title of any of the present officers thereof to their respective offices is being contested, that no authority or proceedings for the issuance of said Bonds has or have been repealed, revoked or rescinded, and that no Bonds of the Issuer have been heretofore issued under or pursuant to such proceedings. IN WITNESS WHEREOF, (SEAL): we have hereunto set our hands and said corporate seal has hereunto been affixed as of the 8th day of November, 1995. OFFICIAL TITLE Supervisor Town Clerk TERM OF OFFICE EXPIRES December 31, 1995 December 31, 1997 (Name of Bank) NYI I18579.1 015419 CERT respective offices set opposite their several signatures. the above-named Issuer which appear above, are true and genuine and that I know said officers and know them to hold the I HEREBY CERTIFY that the signatures of the officers of ATTORNEY'S CERTIFICATE I, Laury L. Dowd, HEREBY CERTIFY that I am a licensed attorney at law of the State of New York, having offices at 53095 Main Road, Southold, New York and am the duly chosen, qualified and acting Town Attorney of the Issuer hereinafter named, that I am familiar with the acts and proceedings heretofore had and or taken by said Issuer or by its officers relative to the authorization, sale and issuance of $1,750,000 Agricultural Land Preservation Serial Bonds-1995, of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York, and herein referred to as the "Issuer", all as described and set forth in Schedule X annexed hereto and by this reference made a part hereof, that no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of said Bonds or the levy or collection of any taxes to pay. the interest on or principal of said Bonds, or in any manner questioning the authority or proceedings for the issuance of said Bonds or for the levy or collection of said taxes, or relating to said Bonds or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Issuer nor the title of any of the present officers thereof to their respective offices is being contested, and that no authority or proceedings for the issuance of said Bonds has or have been repealed, revoked or rescinded. I HEREBY FURTHER CERTIFY that there is no controversy or litigation of any nature now pending or threatened by or against the Issuer, wherein an adverse judgment or ruling could have a material adverse impact on the financial condition of the Issuer or adversely affect the power of the Issuer to levy, collect or enforce the collection of taxes or other revenues for the payment of the Bonds, which has not been disclosed in the Official Statement relating to the Bonds. IN WITNESS WHEREOF, I have hereunto set my hand as of the 8~h day of November, 1995. Town_~ttorney NYI 118579.1 015419 CERT CERTIFICATE OF DELIVERY AND PAYMENT I, THOMAS H. WICK~AM, the duly chosen, qualified and acting Supervisor of the Issuer hereinafter named, HEREBY CERTIFY that on the 8th day of November, 1995, I delivered or caused to be delivered to Roosevelt & Cross, Inc., New York, New York, the purchaser thereof, $1,750,000 aggregate principal amount of bonds of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York and herein referred to as the' "Issuer", each duly and completely executed by or on behalf of the Issuer and all as described and set forth in Schedule X annexed hereto and by this reference made a part hereof, and that at or before the time of such delivery of said bonds, I received from said purchaser the following amounts: Received prior to such delivery .......... $ 35,000.00 Received at time of such delivery ............ 1,716,777.22 Total amount received $ 1,751,777.22 being full payment for said bonds in accordance with the contract of sale thereof, computed as follows: Contract Price ........................... $1,750,000.00 Interest on said bonds accrued to the date of delivery ............................. 1,777.22 Total $1,751,777.22 I FURTHER CERTIFY that at the time of such delivery of said bonds, a written opinion was rendered by the law firm of Hawkins, Delafield & Wood, dated as of the date of such delivery, NYI 118579.1 015419 CERT as to the validity of said bonds, said opinion (except as to omission of the date of such delivery) having been printed on each of said bonds. IN WITNESS WHEREOF, I have hereunto set my hand as of the 8th day of November, 1995. Supervisor NYI 118579.1 015419 CERT SCHEDULE X Bonds of the TOWN OF SOUTHOLD, NEW YORK, substantially in form, and offered for sale and sold, as provided by the Certificate of Determination executed by the Supervisor as of October 13, 1995 and to be delivered thereunder in the aggregate principal amount of $1,750,000. Number of Issues: 1 Amount and Title: Dated: Denominations, Numbers and Letters: $1,750,000 Agricultural Land Preservation Serial Bonds-1995 November 1, 1995 In the form of registered Bonds without coupons in denominations of $5,000 or integral multiples thereof, corresponding to the aggregate principal amount of Bonds maturing in each year, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, numbered separately and consecutively upward with the letter "R" prefixed thereto. Place of Payment of Principal and Interest: The office of the Town Clerk, Town of Southold, 53095 Main Road, Southold, New York (the "Fiscal Agent"). Interest payable by wire transfer or in clearinghouse funds by the Town or its agent on each interest payment date to the person in whose name the bond is registered at the address shown on the registration book maintained by the Fiscal Agent as of the close of business on the fifteenth day of the month preceding each such interest payment date. NYI 118579.1 015419 CERT Maturities, Interest Rates and Payment Dates: Mature on November 1 in the principal amounts in each of the following years and bear interest at the respective rates per annum, payable May 1, 1996, November 1, 1996, and semiannually thereafter on May 1 and November 1 in each year to maturity as set forth below: Year of Principal Interest Maturity Amount Rate 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 $ 75,000 75,000 80,000 80,000 80,000 80,000 80 000 90 000 90 000 90 000 90 000 100 000 100 000 100 000 100 000 110 000 110 000 110 000 110 000 5 0O% 5 10 5 10 5 10 5 10 5 10 5 10 5 10 5 10 5 10 5 10 5 10 5.20 5.30 5-3/8 5.40 5.50 5.50 5.50 The Bonds maturing on or before November 1, 2006 are not subject to redemption prior to maturity. The Bonds maturing on and after November 1, 2007 are subject to redemption prior to maturity, at the option of the Town, on November 1, 2006 and thereafter on any interest payment date, as a whole or in part, in inverse order of maturity or in equal proportionate amounts (selected by lot within a maturity), at the following redemption prices, plus accrued interest to the date of redemption: Redemption Dates Redemption Price as a Percentage of Par Amount November 1, November 1, November 1, 2006 and May 1, 2007 ............ 102% 2007 and May 1, 2008 ............ 101 2008 and thereafter ............. 100 The Bonds shall be redeemable upon the giving of notice which identifies the Bonds to be redeemed, by mailing such notice to the registered holders thereof at their respective addresses as shown upon the registration books of the Fiscal Agent at least 30 days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. NYI 118579.1 015419 CERT I00+ cubic yard capacity trailer, to be filled by employees of the Town of Southold. (If the bidder plans lo ulilize a trailer of less than lO0 cubic yards capacity, the bidder must so state, and quote prices tied specifically to the size trailer he intends to use.) When the filled trailer is removed, a ~eplacement November 2. 1995. at which time they will be publicly opened and read aloud. Specifications. a proposed contract for the execution of the work. and forms of proposal can be examined at the Office of the Town Clerk. Town Hall. 53095 Main Road. Southold. New York Proposals must be made upon and in strict accordance with the form of pro- posal, which form of proposal will have an accompanying copy of the specifications for said work and pro- posed agreement, and the same may be obtained at the Office of the Southold Town Clerk upon payment of a fee of $25.00 (nonrefuodable). Any alter- ations of the form of the proposal will result in the automatic rejection of the bid and fode0ure of the bid deposit. Proposals must be made and re- ceived upon the following conditions: Each proposal must be accompanied by the deposit of a certified check payable to thc order of thc Town of Soutbold in the sum of $200.00. or a bond with suf- ficient sureties, conditioned thai if the proposal is accepted the successful bid- der will enter into a contract for the work. and that he wi0 furnish, within ten days from the date of the accep- tance of Ibe proposal, su0able surety as ' provided in the Specifications for the faithful and prompt performance and complefion of the work specified. All deposits except that of the suc- cessful bidder will be promptly re- turned and that of Ihe successful bidder returned upon his providing the required surety. Upon acceptance of his bid. if the successful bidder fails to enter into a contract pursuant to the requirements of the Town Board. or fails to give the further security prescribed in the Specifications within the time limit herein, then the check deposited as aforesaid and the moneys standing to the credit of same. will b~ forfeited to the Town as liquidated damages, or if a bond has been presented in lieu of a certified check, then the penally shall be enforced as liquidated damages. All bids must be marked "Bid for Removal of Scrap Metal". and must be signed and sealed in envelopes plainly addressed to the Sotuhold Town Clerk. Southold Town Hall. 53095 Main Road. Soutbold. New York The Town Board of the Town of Southold reserves the right to reject any and all bids or parts thereof. The bid price shall not im:lude any tax. fed- end. state, or local, from which the Town of Seuthold is exempt. Dated: October 12. 1995. IUDITH T. TERRY SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF AMENDMENT 0 SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 188 NOTICE IS HEREBY GIVEN that at a meeting of the Town Boani of the Town of Southold. Suffolk County. New York. held on the 13th day of June. 1995. the Town Board enacted the following amendment to the Town Zoning Code. entitled "Zoning Code of the Town of Seutbeld". together with the Zoning Map forming a part thereof. as follows, to wit: Amendment No. 138 amends the Code of the Town of Southold by changing from Residential Office IRO) Dislrict lo General Business (BI District the property of Prank Cichanowicz Ill. situate, lying and being at Cutchoguc. Town of Southold. Suffolk County. New York. bounded and described as follows: BEGINNING at a point on the southerly side of Main State Road. 287.32 feet westerly from its intersec- tion with the westerly side of Harbor Lane. Said point also being where the northwesterly corner of tand now or formerly of Fogarty inlersecls the southerly side of Main Road; running thence from said point and along land now or formerly of Fogarty South 35 degrees 53 minutes l0 seconds Easl 117.00 feet to a point and land now or formerly of Cosier; running thence from along land now or formerly of Coster South 34 degrees 18 minutes 50 seconds East 216.18 feet to other land October 19, 1995 · The Suffolk Times of Cichanowicz; running thence through other land of Cichanowicz South 49 degrees 31 minutes West 417.38 fee, to land now or formerly of Blum: ruffaing thence along land now or formerly of Blum North 40 degrees 29 minutes West 327.70 feet to the southerly side of Main State Road; run- ning thence along Main State Road the following two (2) courses and dis- tances: (I) North 49 degrees 31 min- utes East 155.17 feet; (2) North 48 degrees 46 minutes 20 seconds East 294.83 feet to the point or place of beginning. Dated: October 12. 1995. JUDITH T. TERRY SOUTHOLD TOWN CLERK NOTICE OF MEETING The Regular Meeting of the Eastern Suffolk Board of Cooperative Educational Services will be held in Conference Room C of the James Hines Administration Center. 201 Sunrise Highway. Patchogue. New York. on Tuesday. October 25. 1995. at 7:30 p.m. TOWN OF SOUTHOLD. IN THE COUNTY OF SUFFOLK NEW YORK NOTICE OF $1.750.000 BOND SALE SEALED PROPOSALS will be received by the Supervisor. Town of Soulhold. New York. at the offices of Hawkins. Delafield & Wood. 67 Wall Street. 12th Floor. New York. New York on Wednesday. October 25. 1995. until I1:00 o'clock A.M. (Prevailing · Time) at which time they will be pub- licly opened and announced, for the purchase of $1.750.000 AGRICUL- TURAL LAND PRESERVATION SERIAL BONDS-1995 (the "Bonds") due on November I. as follows: $75.000 in each of the yea~ 1997 and 1998; $80.000 in each of the years 1999 to 2003. inclusive; $90.000 in each of thc years 2004 lo 2007. inclusive; $100.000 in each of the years 2008 to 201 I. inclusive; and $110.000 in each of the years 2012 to 2015. inclusive. Thc Bonds will be dated November I. 1995. and will bear interest at the rate or rates per annum specified by the successful bidder therefor in ac- cordance herewith, payable semian- nually thereafter on May I and November I in each year until ma- turity, commencing May I. 1996. The Bonds will be issued in the form of fully registered Bonds. in da- nominations corresponding to the total principal amounts due in each year of maturity. As a condition to delivery of the Bonds. the successful bidder will be required to cause such Bond certifi- cates to be (i) registered in the name of Cede & Co.. as nominee of The Depository Trust Company. 55 Water StrecL New York. New York {"DTC"). and (ii) deposited with DTC to be held in trust until maturity. DTC is an auto- mated depository for securities and clearinghouse for securities transac- tions, and will be responsible for es- tablishing and maintaining a book- emry system for recording the own- ership interests of ils participants. which include certain banks, trust com- ~aies and securities dealers, and thc transfers of the interests among ils par- ticipants. Thc DTC participants will be responsible for establishing and main- taining records w0h respect to thc ben- eficial ownership interests of individ- ual purchasers in the Bonds. Individual purchases of beneficial ownership interests in thc Bonds may only be made through book entries (without certificates issued by the Town) made on the books and records of DTC (or a successor depository) and its partici- pants, in denominations of $5.000 or integral multiples thereof. Principal of and interest on the Bonds will be payable by the Town or its agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Transfer of princi- pal and interest payments to partici- pants of DTC will be the responsibility of DTC; transfer of principal and thief- est payments to beneficial owners by participants of DTC will he the re,pon- sibilily of such participants and other nominees of beneficial owners. The Town will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or per.ms acting through such participants. The Bonds maturing on or before November I. 2006 will not be subject to redemption prior to maturity. The Bonds maturing on and after November 1, 2007 will be subject to redemption prior to maturity, at the option of the Town, on November I. 2006 and tbereafier on any interest payment date. as a whole or in part. in inverse order of maturity or in equal proportionate amounts (selected by within a maturity), at the following redemption prices, plus accrued inter- est to the date of redemption: Redemption Percentage Redemption of Par Dates November I. 2006 and May I. 2007 102% November I. 2007 and May I. 2008 101 November I. 2008 and thereafter The Bonds shall be redeemable upon the giving of notice which identi- fies Ihe Bonds Io be redeemed, by mailing such notice to the registered holders thereof at their respective addresses as shown upon the reg- istration books of the Fiscal Agent at least 30 days prior to lhe date set for any such redemption. If notice of re- demption shall have been given as aforesaid, the Bonds so called for re- demption shall become due and payable at the applicable redemption price on the redemption date desig- nated in such nolice, and interest on such Bonds shall cease to accrue from and after such redemption date. Each proposal must be a bid of not less than $1.750.000 for all of the Bonds and must state in a multiple of one-haedredth of I% or a multiple of one-eighth of I%. the rate or rates of interest per annum which the Bonds are to bear and may state different rates of interest for Bonds maturing in different calendar years; provided, however, that (i) only one rate of interest may be bid for all bonds maturing in any one cal- endar year. (ii) the maximum differ- ence between the highest and lowest rates of imerest bid for the bonds may not exceed I-I/2% per annum, and (iii) variations in rates of inlerest so bid shall be in ascending progression in order of maturity so that the rate of interest on bonds maturing in any par- ticalar calendar year shall not be less than the rate of interest applicable to bonds maturing in any prior calendar year. Each proposal must he enclosed in a sealed envelope and shouI,J be marked on the outs)de "Proposal for Bonds" and be addressed as follows to the Sale Officer. viz.: Hon. Thomas H. Wickham. Supervisor. Town of Southold. New York. c/o Hawkins. oclafield & Wood. 67 Wall Street. 12th Floor. New York, New York. As a con- dition precedent lo the con,ideralion of his proposal, each bidder is required to deposit with the Sale Officer a certified incoqx~rated bank or trust company to the order of "Town of Southold. New York". for $35.000 and such check must be enclosed with the proposal. The Bonds will be awarded and sold to the bidder complying with the terms of ~ale and offering to purchase the Bonds at the lowest net interest cost. and if two or more such bidders offer to one of said bidders selected by the Sale Officer by lot from among all said bidders. The successful bidder must also pay an amount equal to the interest on the Bonds. if any. accrued to the date of paymenl of the purchase price. No interest will be allowed on the good faith deposit. Wfien the suceessfid bidder has been ascertained, the Sale Officer will promptly return all daposils made the deposit made by such bidder, See I.~gals. next page STATE OF NEW '. :K) ) SS: COUNTY OF SUFFOLK ) in ~udd Count, being duly sworn, says Principal Clerk of THE SUFFOLK TI]~ Newspaper, published at Mattltuck, h Southold, County of Suffolk and State and that the Notice of which the printed copy, has been regularly pub Newspaper once each week for y, comme~pg on the ~ 19~ CHRISTINA VOLINSKI Notary Public, State of New York No. 5004884 ~}/ Pri~ Qualified in Suffolk Country mission Expires Novemb~ 2~, I~.,L. Notary Public Sworn to before me this The resolution published herewith has been adopted on the 20th day of September, 1994, and a Proposition there- for has been approved by a majority of the qualified vot- ers of the Town a the Special Town Election held on Novem- ber 8. 1994. The validity of the obligations authorized by such resolution may be hereafter contested only if such obliga- tions were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to ex- pend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or pro- ceeding, contesting such valid- ity is commenced within twenty days after the publica- tion of this notice, or such ob- ligations were authorized in violation of the provisions of the constitution. JUDITH T. TERRY Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTH- OLD, NEW YORK, ADOPT- ED SEPTEMBER 20, 1994, AUTHORIZING THE AC- QUISITION OF CER- TAIN DEVELOPMENTAL RIGHTS IN PRIME AGRI- CULTURAL LANDS WITHIN SAID TOWN FOR THE PRESERVATION OF OPEN SPACES AND AR- EAS, STATING THE ESTI- MATED MAXIMUM COST THEREOF IS $1,750,000, APPROPRIATING SAID AMOUNT THEREFOR. AND AUTHORIZING THE ISSUANCE OF $1,750,00C SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recitals WHEREAS, Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section 247"), authorizes the Town of Southold, Suffolk County, New York, to acquire developmental rights in agri- cultural lands actually used in bona fide agricultural produc- tion, which developmental rights represent permanent le- gal interests or rights in land for the preservation of open space and areas; and WHEREAS, the acquisition of development rights in prime agricultural lands located throughout the Town for the preservation of open spaces and areas and conserving the character of local communities is found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Sec- tion 247; and WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program set forth below. Now therefor be it resolved by THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SU~-FOLK, NEW YORK HEREBY (by the favorable vote of not less than three-fifths of all the members of said Town Board) AS FOLLOWS: Section I. The Town of Southold, in the County o f Suf- folk, New York (herein called "Town"), is hereby authorized to acquire such developmental rights in various parcels of prime agricultural lands within the Town for the preservation of open spaces and areas as may be authorized from time to time, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247, including incidental costs in relation thereto, such acquisi- tion being hereby found, deter- mined and deemed to be nec- essary and in the public inter- est and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247, pro- vided, however, that no such right in any piece or parcel of such lands shall be acquired until all relevant provisions of the State Environmental Qual- ity Review Act, constituting Article 8 of the New York En- vironmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to so determine and declare. The estimated maxi- mum cost of said class of ob- jects or purposes, including preliminary costs incidental thereto and to the financing thereof, is $1,750,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,750,000 serial bonds of the Town to finance said appro- priation, and the levy and col- lection of taxes on all the tax- able 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 $1,750,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, consti- tuting Chapter 33-a of the Con- solidated Laws of the State of New York (herein called "Law") to finance said appro- priation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said class of ob- jects or purposes, as described herein, for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Sec- tion 11.00 a. 21. (a) of the Law, is thirty (30) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes is- sued in anticipation of said bonds may be applied to reim- burse the Town for expendi- tures made after the effective date of this resolution for the purpose or purposes 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 State Treasury Department. (c) The proposed maturity of said $1,750,000 serial bonds will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes in anticipation of the sale of said bonds shall contain the re- cital 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 obliga- tions of the Town, p~ble 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 he~'eby rrevoca- b y pledged to the punctual .payment of the principal of and rmterest on laid bonds and any notes issued in anticipation of the sale of said bonds and pro- vision shall be made annually in the budget of the Town by appropriation for ia) the amor- tization and redemption of the bonds and any notes in antici- pation 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 2 ! .00 relative to the authorization of the issuance of bonds with sub- stantially level or declining an- nual debt service and of Sec- tion 30.00 relative to the autho- rization of the issuance of bond anticipation notes and of Sec- tion 50.00 and Sections 56.00 to 60.00 of the Law, the pow- ers 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 of any bond an- ticipation notes issued in antici- pation of said bonds, and the renewals &said bond anticipa- tion notes, are hereby delegated to the Supervisor, the chief fis- cai officer of the Town. Section 6. The validity of the bonds authorized by'this resolution and of any noies is- sued in anticipation &the sale of said bonds may be contested only if: ia) such obligations are au- thorized for an object or pur- pose for which the Town is not authorized to expend money, or (b) the provisions of'law which should be complied with at the date &the publ/cation of such resolution are not substan- tially complied with, and an action, suit or pro- ceeding contesting such valid- ity is commended within COUNTY OF SUFFOLK STATE OF NEW YORK SS: I'strir'ia World, being duly sworn, ~:ay~ that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ...................... · ~ ...... weeks succe,s~ve 1 y, commencing on the Swoj~n to before me on this .. ~O~. .day of ............... Notary Public twenty days after the date of such publication, or 8~RB~R~ A. ~HN£1DER (c) such obligations are au- NOTARY PUBLIC, State of New York thorized in violation of the pro- No. 480C~4~ Qualified In Suffolk 0o~1~ visions of the constitution. Commission Expires Section 7. A proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified vot- ers of the Town at the Special Town Election to be held at the same time as the General Elec- tion on November 8, 1994, and this bond resolution shall take effect upon the approval of the Proposition by said voters of the Town at that referendum vote. I X- I 1:24:94( I ) STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) of Mattltuck, in said County, being duly sworn, says that he/~he is Principal Clerk of THE SUFFOLK TIMF~, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for.7_~ weeks su(;ceasively, commp, n£ing on the ~' day of CHRISTINA VOUNSKI Notary Pubhc. State of New No 5004884 Qu~,hf~ed in Suffolk Coun.ty. Principal Clerk Conlrn~ss~cn Expires November 23, Notary Public Sworn t~_before me this ~-.~ . day of~~ TO BE SUBMITTED AT A SPECIAL TOWN ELECTION TO BE HELD ON NOVEMBER 8, 1994 JqOTICE IS HEREBY GIVEN that a Southold~ New y~ ~ September 8_078- I TS29 STATE OF NEW YORK) ) ~S: COUNTY OF SUFFOLK ) _ _ _ of Mattituck, in sold County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week ~ weeks Notary Public LEGAL NOTICE TOWN OF SOUTHOLD NOTICE OF PROPOSITION TO BE SUBMI'I"I'IgD AT A SPECIAL TOWN ELECTION TO BE HELD ON NOVEMBER 8, 1994. NOTICE IS HEREBY GIVEN that a Special Town Election of the Town of Southold will be held at the same time as the General Election on November 8, 1994, between the hours of 6:00 o'clock A.M. (Prevailing Time) and 9:00o'clock P.M. (Prevailing Time), and that the following Proposition will be submitted to the qualified voters of the Town of Southold and will appear on the ballot, to wit: PROPOSITION SHALL THE RESOLU- TION ENTITLED: "Bond Resolution of the Town of Southold, New York, adopted September 20, 1994, authorizing the acquisition of certain developmental rights in prime agricultural lands within said Town for the preservation of open spaces and areas, $1,750,000, appropriating said amount therefor and authorizing the issuance of $1,750,000 serial bonds of sai~ Town to finance said appropriation7 BE APPROVED? NOTICE IS FURTHER GIVEN that the polling places in each of the respec- tive election districts of the Town of Southold shall be the same polling places as shall be used for voting at the General Election held on~ that day. An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that Section 247 of the General Municipal Law ("Section 247") authorizes the Town of Southold to acquire developmental rights in agricultural lands, as defin- ed therein, for the preserva- tion of open spaces and areas that such acquisition of developmental rights in prime agricultural lands throughout the Town is found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature; AUTHORIZING the Town of Southold (the "Town") to acquire such developmental rights in various parcels of prime agricultural lands within the Town for the preservation of open spaces and areas as may be authorized from time to time, by the Town Board of the Town, al'ter due notice and a public hearing, pur- suant to the provisions of Section 247, including in- cidental costs in relation thereto, such acquisition be- ing hereby found, determin- ed and deemed to be necessary and in the public interest and a proper public purpose of the Town in ac- cordance with the findings and determinations set forth in Section 247, provided, however, that no such right in any such lands shall be ac- quired until all relevant pro- visions of the State En- vironmental Review Act have been complied with and a final declaration as to en- vironmemal impact has been duly declared; STATING ttva estimated maximum cost thereof is $1,750,000 AP- PROPRIATING $1,750,000 to pay said cost; and STATING the plan of finan- cing includes the issuance o1 $1.750,00 serial bonds of the' Town, and the levy and col- lection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZ- ING the issuance of $1,750,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance saidl appropriation; THIRD: DETERMIN- ING AND STATING the period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; the pro- ceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized and the proposed maturity of said serial bonds will exceed five (5l years; FOURTH: DETERMIN- ING that said bonds and any bond anticipation notes issued in anticipation of said' bonds and the renewals of said bond anticipation notes shall be general obligations of the Town and PLEDG- ING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMIN- ING that a Proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Special Town Election to be held on November 8, 1994 and that this bond resolution shall take effect upon such approval. DATED: September 20, 1994 JUDITH T. TERRY Town Clerk IX-9/29/94(1) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ~ weeks succ~ez~ ~ve ly, commencing on the day of · · · ~ ....... , 19.?/... Sword to before me on .. of this Notary Public BARBARA/% SCHNEIDER NOTARY PUBLIC, Stmte of NM York No. 4806~46 Qualified in Suffolk Co~t~/ EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York September 20, 1994 Southold, Town Hall, Southold, New York, on September 20, o'clock P.M. (Prevailing Time). There were present: Hon. Thomas H. Wickham, Board Members: Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans A regular meeting of the Town Board of the Town of in the County of Suffolk, New York, was held at the 1994 at 7:30 Supervisor; and There were absent: None. Also present: Judith T. Terry, Town Clerk Laury L. Dowd, Town Attorney Councilman Townsend offered the resolution and moved its adoption: following BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 20, 1994, AUTHORIZING THE ACQUISITION OF CERTAIN DEVELOPMENTAL RIGHTS IN PRIME AGRICULTURAL LANDS WITHIN SAID TOWN FOR THE PRESERVATION OF OPEN SPACES AND AREAS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,750,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $1,750,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recitals WHEREAS, Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section 247"), authorizes the Town of Southold, Suffolk County, New York, to acquire developmental rights in agricultural lands actually used in bona fide agricultural production, which developmental rights represent permanent legal interests or rights in land for the preservation of open spaces and areas; and WHEREAS, the acquisition of developmental rights in prime agricultural lands located throughout the Town for the preservation of open spaces and areas and conserving the character of local communities is found, determined and deemed to be necessary, in the public interest and a proper public purpose 73844.1 015419 RES of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program set forth below. Now, therefor be it resolved by THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, (by the favorable vote of not less than three-fifths 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 acquire such developmental rights in various parcels of prime agricultural lands within the Town for the preservation of open spaces and areas as may be authorized from time to time, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247, including incidental costs in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247, provided, however, that no such right in any piece or parcel of such lands shall be acquired until all relevant provisions of the State Environmental Quality Review Act, constituting Article 8 of the New York Environmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to so determine and NYI 73844.1 015419 RES declare. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and to the financing thereof, is $1,750,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,750,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal interest thereon as the same shall become of said bonds and the due and payable. Section 2. amount of $1,750,000 Serial bonds of the Town in the principal 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 said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 21. (a) of the La~, is thirty (30) 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 the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of NYI 73844,1 015419 RES 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 said $1,750,000 serial bonds will 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 bonds with substantially level or declining annual debt service and of Section 30.00 relative to the authorization of the 73844.1 015419 RES 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 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. A proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Special Town Election to be held at the same time as the General Election on November 8, 1994, and this bond resolution shall take effect upon the approval of the Proposition by said voters of the Town at that referendum vote. The adoption of the foregoing resolution was seconded by Supervisor Wickham and duly put to a vote on roll call, which resulted as follows: AYES: Supervisor Wickham, Councilman Lizewski, Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. NOES: None. The resolution was declared adopted. Councilwoman Councilwoman Hussie offered the following resolution and moved its adoption: THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. A Special Town Election of the Town of Southold (herein called "Town"), in the County of Suffolk, New York, will be held at the same time as the General Election on November 8, 1994, between the hours of 6:00 o'clock A.M. (Prevailing time) and 9:00 o'clock P.M. (Prevailing Time) or as much longer as may be necessary to enable the voters then present to cast their votes, at which Special Town Election the following Proposition contained in the Notice hereinafter set forth shall be submitted to the qualified voters, as hereinafter referred to. The polling places in each of the respective election districts NYI 73844.1 015419 RES of the Town of Southold shall be the same polling places as shall be used at the General Election to be held on that day. Section 2. The Town Clerk is hereby authorized and directed to publish at least once in "The Long Island Traveler- Watchman", a newspaper published in Southold, New York, and the "Suffolk Times", a newspaper published in Mattituck, New York, hereby designated the official newspapers of the Town for such publication, and to post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, said publication and posting to be at least ten (10) days before such Special Town Election, Notice that the Town Board will submit for the approval or disapproval of the resolution hereinabove referred to, said Notice to be in substantially the following form: NYI 73844.1 015419 RES TOWN OF SOUTHOLD, NEW YORK NOTICE OF PROPOSITION TO BE SUBMITTED AT A SPECIAL TOWN ELECTION TO BE HELD ON NOVEMBER 8, 1994 NOTICE IS HEREBY GIVEN that a Special Town Election of the Town of Southold will be held at the same time as the General Election on November 8, 1994, between the hours of 6:00 o'clock A.M. (Prevailing Time) and 9:00 o'clock P.M. (Prevailing Time), and that the following Proposition will be submitted to the qualified voters of the Town of Southold and will appear on the ballot, to wit: PROPOSITION SHALL THE RESOLUTION ENTITLED: "Bond Resolution of the Town of Southold, New York, adopted September 20, 1994, authorizing the acquisition of certain developmental rights in prime agricultural lands within said Town for the preservation of open spaces and areas, $1,750,000, appropriating said amount therefor and authorizing the issuance of $1,750,000 serial bonds of said Town to finance said appropriation," BE APPROVED? NOTICE IS FURTHER GIVEN that the polling places in each of the respective election districts of the Town of Southold shall be the same polling places as shall be used for voting at the General Election held on that day. An abstract of said bond resolution, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that Section 247 of the General Municipal Law ("Section 247") authorizes the Town of Southold to acquire developmental rights in agricultural lands, as defined therein, for the preservation of open spaces and areas that such acquisition of developmental rights in prime agricultural lands throughout the Town is found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of 73844.1 015419 RES the State Legislature; AUTHORIZING the Town of Southold (the"Town") to acquire such developmental rights in various parcels of prime agricultural lands within the Town for the preservation of open spaces and areas as may be authorized from time to time, by the Town Board of the Town, after due notice and a public hearing, pursuant to the provisions of Section 247, including incidental costs in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247, provided, however, that no such right in any such lands shall be acquired until all relevant provisions of the State Environmental Quality Review Act have been complied with and a final declaration as to environmental impact has been duly declared; STATING the estimated maximum cost thereof is $1,750,000; APPROPRIATING $1,750,000 to pay said cost; and STATING the plan of financing includes the issuance of $1,750,000 serial bonds of the Town, and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $1,750,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued is thirty (30) years; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized and the proposed maturity of said serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town and PLEDGING to their payment the faith and credit of the Town; NY[ 73844.1 015419 RES FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that a Proposition for the approval or disapproval of this bond resolution shall be submitted to the qualified voters of the Town at the Special Town Election to be held on November 8, 1994 and that this bond resolution shall take effect upon such approval. DATED: September 20, 1994 JUDITH T. TERRY Town Clerk Nfl 73844.1 015419 RES Section 1. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in each of the newspapers referred to in Section 1 hereof, and hereby designated the official newspapers for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Section 2. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilwoman Oliva and duly put to a vote on roll call, which resulted as follows: AYES: Supervisor Wickham, Councilman Lizewski, Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. NOES: None. Councilwoman The resolution was declared adopted. 73844.1 015419 RES CERTIFICATE I, JUDITH T. TERRY, 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 the Town of Southold duly called and held on September 20, 1994, 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 the Town of Southold this 20th day of September, 1994. (SEAL) Towh Clerk NY1 73844.1 015419 RES