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HomeMy WebLinkAboutStump Buster EXTP, ACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York August 24, 1993 A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on August 24, 1993 at 7:30 o'clock P.M. (Prevailing Time). There were present: Hon. Scott L. Harris, Supervisor; and Board Members: Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilwoman Alice J. Hussie There were absent: Councilman Joseph J. Lizewski Also present: Judith T. Terry, Town Clerk Matthew G. Kiernan, Assistant Town Attorney Councilman Penny offered the following resolution and moved its adoption: 40614.1 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 24, 1993, AUTHORIZING THE PURCHASE OF A STUMP BUSTER FOR USE BY SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $13,900, APPROPRIATING SAID AMOD-NT THEREFOR AND ALVI~{ORIZING THE ISSUANCE OF $13,900 SERIAL BONDS OF SAID TOWN TO FINANCE 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: Suffolk, Section 1. The Town of Southold, in the County of New York (herein called "Town"), is hereby authorized to purchase a stump buster for use by said Town. The estimated total cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $13,900 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $13,900 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 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 $13,900, 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 specific object or purpose for which said $13,900 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 28 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 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 1.103-18 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 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 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 com~enced 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 ir~mediately 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 §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATC~V~N," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. The adoption of the foregoing resolution was seconded by Justice Edwards resulted as follows: AYES: and duly put to a vote on roll call, which Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Hussie. NOES: Councilman Wickham. The resolution was declared adopted. CERTIFICATE I, JUDITH T. TERRY, Town Clerk of the TOE of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoin9 annexed extract from the minutes of a meetin9 of the Town Board of said To~rn of $outhold duly called and held on August 24, 1993, 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 24th day of August, 1993. (SEAL) Town Clerk FODITH T. TERRY TOWN CLERK REGISTRAR OF VITAL 53~ A~iSTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 PLEASE PUBLISH THE ATTACHED NOTICE, IN ITS ENTIRETY, ON SEPTEMBER 2. 1993, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to: The Traveler-Watchman Town Clerk's Bulletin Board NOTICE The resolution published herewith has been adopted on the 24th day of August, 1993, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to expend 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 proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. JUDITH T. TERRY Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 24, 1993, AUTHORIZING THE PURC~5%SE OF A STUMP BUSTER FOR USE BY SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $13,900, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $13,900 SERIAL BONDS OF SAID TOWN TO FINANCE 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 Suffolk, New York of (herein called "Town"), is hereby authorized to purchase a stump buster for use by said Town. The estimated total cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $13,900 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $13,900 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 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 $13,900, 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 specific object or purpose for which said $13,900 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 28 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 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 1.103-18 of the Department. (c) The proposed maturity this resolution will not exceed five Section 4. Each of the United States Treasury of the bonds authorized by (5) years. 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 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 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 co~maenced 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 imediately 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 §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. COUNTY OF SUFFOLK STA'EEOF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o(THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and that tile notice of which the annexed is a printed copy, ~a~ heen .puhlisi~ed in said Long Island Traveler-Watchman,, on,:e each week fo'. ................... / ...... weeks SLiccessiveJy, comnlenci~lg on the ........ ~-~. ............ d,,,' ol . .~t'i .. . , 19...,-4. Notary Public BARBARA A. SCHNEIDER '~[AR'( PUBLIC, St.~!e 0[ R~,~ York · hfied in Sui[mk County vot~ of not less titan two- thirds of ~11 the m~mb~rs of said Town Board) AS FOLLOWS:. S~ion 1. ~e ~ of ~u~oid, In ~ ~un~ of Suffolk, N~ ~rk ~n ~ "~n"), is h~ authori~ to purch~e a st~ b~ for u~ ~ ~d ~f ~d ~ obj~ or p~- ~o~~ inclu~ ~ ~d costs in~dm~ of the bonds aum~ vy this ~olution wiB not exceed five (~) yearn Section 4, Each. of the bonds authorized Ijy,~this resolution and any bo~d an- ticipation notes issued in an- fidpation of of vididity ~i/~iJ' '~b~ Sect/on 52.00 of the law and said bonds and ~ imtes (b) t~. 1:*~1~ of law W~i~h' sbo~ld be ~m~Ue~ 6bn.6f m~ ~on ~ not .~E ~ with, '~d m-~n,~=~t or pm- ty ~ ~ ~e da~ of such pubH~on, or NOTICE The ~resolut]t~ published .here~h~.MSdopted on the~fo~. Thc plan of fmanc- in8 includes the issuance of $13,900 serial bonds of the tions auth6rim~cby ,such Town to finance said ap- tions wte aUtl~, for an e -! '.'.~ · the York, is not anthorized J~t ~-' ~n~i~ of ~ money or 15~ tbe I~- have been ~ w~h~'of t~e'date.ofl~ot~thi~s .~uthoiqlbM to ~ iss~.pur- Locol Finane~ Law, con-. ~ 'or such valMlt~ within ~y' ~b~on ~ ~*n~ or such o~i~s w~e au~o~ sfitutins Chapter 33-a of the Co~olidated Laws of the State of New York (herein call- ed "Law") to finance said appropriation. X'~ .T~e.perfmii~ p~bable THE TOWN OF SOUTHOLD, NBW YORK, edl~'uant.~ thisAMlution ,ADOPTED AUOUST 24, n_.-~'~,~'~ the AND AUTHO~X~ Ttm ISSUANC.~., ~ :$13,900 APPROPRIATION. THE TOWN OF SOUTHOLD, IN THE COUNTY OF ~/FFOLK, NEW YORK lii~RBBY RESOLVES (by the favorable vote of not less than two- said' Town '.Board) AS FOLLOWS:. · Section l.r The Ibwn of Southold,.in ~e County of Suffolk, NeW York (herein authorize~l to purchase a ~. including, pl~]lmJn~y and costs incidefit~l~ date of this resolution for the said bonds are authorized. The fm~t~ngtfamnant of in~ tent with respect to reimburse- ment is made in conformity tion 1.103-18 of the United of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each. Of the bonds authorized.. resolution and any 'bond an- ticipation notes issued in an- l.~tiou ~1.00 of tl~ Law and ~id bonds ~t-an~ no~ to both principal and interest by senend tax upon all ~e tax- able real property within the Town without Ihnitation of r~t~ OT amount. The, fal~ and c~lit of thc Town are I~reby ir~vch:ably' pledsed to' the punctual payn~nt of the prin- cltxd of and interest on ~d bonds and any notes isSUed in anticipation of the sale of said bonds and provision shah be made annually in the budget of the Town by appropriation for (a) the amortization, and redemption of the bonds and any notes issued in anticipa- tion 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 fi~ im~bions of Section 30.00 Feintlve to the authoriza- tibn of the issa~nce of bond anticipation notes and of Sec- fion'~SO.00 and Sections 56.00 to 60.00 of the Law, the puw~ and duties of the Town bond ant~lpat~on notes and pre.shins 'th~ tqrms, form a~d contents and as to the sale an~l'bsu~u~e of the bonds ~n a6~orized ~nd of any in anflclp~ ~f said bond~, an~ tl?¢ rm~ Of-said bond ant~t~mtti0n n0~es, are hereby the chief fiscal officer of the .S~ction 6. The validity of the bonds ~tuthorized by this re~OhltiOn and o.f any notes issued In"antiOpation of the ride ~f said bonds, may be conteeted 9nly fi: . (a) ~uch q_btisadons are a'~l~iz~t bt an 'ob}~ or purpose for w~ch the Town is not authori~d to mpend money, or .~). the provisions of law which sbotgd be complied vfl~k sit the date of the publica- tiOn'~f Such.r~utlon are not ~st~y ~)ml~ with, and an' action,' ~uit or pro- ty clays after the date of such publication, or (c) such obligations are apt}Mltrized in violation of ;~'~ons of the constitution- is hereby authorized .and ~ to publish the forego- ing resolution, in full together wi~, ~ .~gt~ce attach~l in ~ul~an'.~..y the form -~.~ ~8Loo of t~ I~LANI~'~I, TRAVEI~ER- WATCh' a newspape~ published, in, Southoid~ New desk' the official newspaP~,,~f said Town for stroh publiOUion. IX-9/2/9~(6)