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HomeMy WebLinkAboutHydrologic Plan-LandfillMeeting of in EXTRACT OF MINUTES the Town Board of the Town of Southold, the County of Suffolk, New York December 11, 1990 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 December 11, 1990 at 7~30 o'clock ~.M. (Prevailing Time). There were present: Hon. Scott L. Harris, Councilpersons: Raymond W. Edwards, Justice George k. Penny IV Ruth D. Oliva Ellen M. Latson Thomas H. Wickham Supervisor; and There were absent: None. Also present: Councilman Wickham and moved its adoption: Judith T. Terry, Town Clerk Harvey A. Arnoff, Town Attorney offered the following resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 11, 1990, AUTHORIZING A HYDROGEOLOGIC INVESTIGATION AT THE TOWN LANDFILL, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $400,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE SUFFOLK, NEW less than two-thirds FOLLOWS: Section Suffolk, New York TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF YORK, HEREBY RESOLVES (by the favorable vote of not of all the members of said Town Board) AS 1. The Town of (herein called Southold, in the County of "Town"), is hereby authorized to conduct a hydrogeologic investigation at the Town landfill, including establishment of decontamination facilities; equipment, materials, supplies and well set--up; construction and sampling of the borehole; installation of casing (riser pipe) and screen; setting sand pack around the screen and installation of a bentonite seal above the screen; sealing the well riser pipe annulus; installing a locking surface casing and surface seal; development and completion of the well; containment of drillings, cuttings, purge water and development water; site cleanup and disposal of clean cuttings and fluids. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $400,000 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 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 $400,000, 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 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 $400,000 serial bonds authorized pursuant to this resolution are to be limitations of Section 11.00 a. 6-b of years; however, the period of probable issued, within the the Law, is twenty usefulness of said (20) $400,000 serial bonds is hereby limited to ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 4 of the Law. (c) The proposed maturity of the bonds authorized by this resolution 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 knterest 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 3G.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 commenced within twenty days after the date of or (c) Section 7. This such publication, such obligations are authorized in violation of the provisions of the constitution. bond resolution is subject to permissive referendum. The adoption Councilman Penny resulted as of the foregoing resolution was seconded by and duly put to a vote on roll call, which follows: AYES: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham NOES: None. The resolution was declared adopted. Councilwoman Latson moved its adoption: THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The Town Clerk of said Town of Southold, shall within ten (10) days after the adoption of this resolution cause to be published, in full, in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, offered the following resolution and IN THE COUNTY OF and in "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, two newspapers having a general circulation within said Town and hereby designated the official newspapers of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on December 11, 1990, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted December 11, 1990, authorizing a hydrogeologic investigation at the Town landfill, stating the estimated maximum cost thereof is $400,000, appropriating said amount therefor, and authorizing the issuance of $400,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING said Town to conduct a hydrogeologic investigation at the Town landfill, including establishment of decontamination facilities; equipment, materials, supplies and well set-up; construction and sampling of the borehole; installation of casing (riser pipe) and screen; setting sand pack around the screen and installation of a bentonite seal above the screen; sealing the well riser pipe annulus; installing a locking surface casing and surface seal; development and completion of the well; containment of drillings, cuttings, purge water and development water; site cleanup and disposal of clean cuttings and fluids; and STATING the estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000; APPROPRIATING said amount therefor; STATING the plan of financing includes the the issuance of $400,000 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 of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $400,000 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 of the specific object or purpose for which said $400,000 serial bonds are to be issued, is twenty (20) years; however, the period of probable usefulness of said $400,000 serial bonds is hereby limited to ten (10) years; current funds are not required by the Law to be provided prior to the issuance of the bonds or any notes in anticipation thereof; and the proposed maturity of said $400,0C0 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; 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 thac the bond resolution is subject to a permissive referendum. DATED: December 11, 1990 Judith T. Terry Town Clerk Section 2. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in 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 3. This immediately. resolution shall take effect The adoption Councilwoman Oliva resulted as follows: AYES: NOES: of the foregoing resolution was seconded by and duly put to a vote on roll call, which Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. None. The resolution was declared adopted. 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 Town of Southold duly called and held on December 11, 1990, 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 origina2_ 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 llth day of December, 1990. (SEAL) Town Clerk JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 17~X(516) 7654823 /ELEPHONF ~516~ 765 18ol PLEASE PUBLISH THE ATTACHED NOTICE & BOND RESOLUTION IN ITS ENTIRETY ON JANUARY 24, 1991, AND FORWARD Til/O (2) AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman The Suffolk Times Town Clerk's Bulletin Board (NOTICE TO BE ATTACHED TO AND PUBLISHED WITH RESOLUTION UPON EXPIRATION OF PERIOD OF PERMISSIVE REFERENDUM) NOTICE The resolution published herewith has been adopted on the llth day of December, 1990, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 DECEMBER 11, 1990, AUTHORIZING A HYDROGEOLOGIC INVESTIGATION AT THE TOWN LANDFILL, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $400,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. SUFFOLK, less than two-thirds FOLLOWS: THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF NEW YORK, HEREBY RESOLVES (by the favorable vote of not of all the members of said Town Board) AS Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to conduct a hydrogeologic investigation at the Town landfill, including establishment of decontamination facilities; equipment, materials, supplies and well set-up; construction and sampling of the borehole; installation of casing (riser pipe) and screen; setting sand pack around the screen and installation of a bentonite seal above the screen; sealing the well riser pipe annulus; installing a locking surface casing and surface seal; development and completion of the well; containment of drillings, cuttings, purge water and development water; site cleanup and disposal of clean cuttings and fluids. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $400,000 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 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 $400,000, 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 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 $400,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 6-b of the Law, is twenty (20) years; however, the period of probable usefulness of said $400,000 serial bonds is hereby limited to ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 4 of the Law. (c) The proposed maturity of the bonds authorized by this resolution 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 cf the Law and said bonds and any notes issued in anticipation of obligations of the Town, payable interest by general tax upon all said bonds, shall be general as to both principal and 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 resolution and of any notes issued in anticipation of the sale said bonds, may be contested only if: (a) (b) 6. The validity of the bonds authorized by this of such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or 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, commenced or (c) such obligations are authorized in violation of provisions of the constitution. Section 7. This bond resolution is subject to permissive referendum. suit or proceeding contesting such validity, is within twenty days after the date of such publication, the CERTIFICATE OF CLERK I, JUDITH T. TERRY, Town Clerk of the Town of $outhold, in the County of Suffolk, State of New York, HEREBY CERTIFY, as follows: That a resolution of the Town Board of the Town of $outhold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted December 11, 1990, authorizing a hydrogeologic investigation at the Town landfill, stating the estimated maximum cost thereof is $400,000, appropriating said amount therefor, and authorizing the issuance of $400,000 serial bonds of said Town to finance said appropriation," was adopted December 11, 1990, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time since said adoption. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Town this. 22nd day of 3anuary 1991. said (SEAL) Town Clerk NOTICE The resolution published herewith has been adopted on the llth day of December, 1990, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 DECEMBER 11, 1990, AUTHORIZING A HYDROGEOLOGtC INVESTIGATION AT THE TOWN LANDFILL, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $400,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $400,000 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 of Suffolk, New York (herein called "Town"), is hereby authorized to conduct a hydrogeologic investigation at the Town landfill, including establishment of decontamination facilities; equipment, materials, supplies and well set--up; construction and sampling of the borehole; installation of casing (riser pipe) and screen; setting sand pack around the screen and installation of a bentonite seal above the screen; sealing the well riser pipe annulus; installing a locking surface casing and surface seal; development and completion of the well; containment of drillings, cuttings, purge water and development water; site cleanup and disposal of clean cuttings and fluids. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $400,000 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 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 $400,000, 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 said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of object or purpose for which probable usefulness of said specific said $400,000 serial bonds authorized pursuant to this resolution are to be limitations of Section 11.00 a. 6-b of years; however, the period of probable issued, within the the Law, is twenty usefulness of said (20) $400,000 serial bonds is hereby limited to ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 4 of the Law. (c) The proposed maturity of the bonds authorized by this resolution 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 ¢.f the Law and said bonds and any notes issued in anticipation of obligations of the Town, payable interest by general tax upon all said bonds, shall be general as to both principal and 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 TDwn. Section 6. The validity of the bonds authorized by this resolution and of an7 notes issued in anticipation of the sale 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) of 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 provisions of the constitution. Section 7. This bond resolution is subject to permissive referendum. the LEGAL NOHCE TOWN OF SOUTHO.LD, NEW YORK COUN-'-Y OF SUFFOLK STATE OF NEW YORK ss: PLEASE TAKE NOTICE that on De~ember I1, 1990. the Town Board of the Town of Southold+ ~ the County of Suf- folk, New York, adop~d a bond re~lution entitled: "Bond Resolution of the Town of Southold~ New York, adopted December 11, 1990. authorizing a hydrogeolngic in- vestigation at the Town landfill, stating the estimated maximum cost thereof is $400,000, ap- propriating said amount thesefor, and authoring the is- suence of $400,000 serial bonds of said Town to finance said ap- propriation;' an abstract of which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRS'I~. AUTHORIZING said Ta~vn to conduct a l~ydrogeolo~ic investigation at the Town landfill, including ~tablishm,~t of decontamina- tio~ iacilitias;, equipment. materials, supplies and well set- up; comtruction and sampl/ng of t~e bosehole~ installation of casing (riser pipe) and screen; setting sand pack around the screen and installation ora ben- tonite seal above the screen; seal- ing the well riser pipe annulus; installing a locking sur fac~ cas- ing and surface .seal; develop- ment. and completion :Df the well; ~ontalnment of drillings, cuttings, purge water and development water; st~ cllmnup and disposal of clean cuttings and fluids; and STATING the estimated mwdmum cost of said specific object or purpo~, in- chiding p~li~inary costs and costs incidental thereto arid the financiag thereof, is $400000; APPROPRIATING said amount therefor; STATING the plan of financing includes the is- suance of $400,000 serial bonds of the Town to finance said propriation, and the levy ~Lud collection of t~ur. es on all. the tax- able real property in the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of ~00,000 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 of the specific object or purpose for Patricia Wood, being duly sworn, says that she is the Editor, df THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and th;d the notice of which the annexed is a printed copy, has been published in said Long Island -['raveler-Watchman once each week for. .................... /z ..... weeks successvelv commencing online -~ ~ o,' ..... Swor'n to befoze me this ..................... day of ...... ...... 19. which said ~400,000 serial bonds are to he issued, is twenty (20) years; however, the period of probable usefulness of said · 1001000 serial bonds is hereby limited to ten (10) years; current f~nds are not required by the Law to be provided prior to the issuance Of th~ bonds or any note~, in '~mfi~Ipation thereof; end the proposed maturity of s/dd ~400,000 ~tial bonds will ~ five (f) ~ears; ¥~)U RTH..~D~TE RM iNi NG that said bond~ and any bond anticipation not~ issued in an- ticipatlof~ of sal.d.bpnds and the renewab of said'bond anticipa- tion no,es shall be general ohii~aflo~ of ~e lbwn and PLEDGING to their' payment the fal~ and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties.a~ t~ the i~uanee of said bonds ami any bond anticipa- tion not~ issued in anticipation of said bonds, or the renewals ~hereof; and SIXTH: DETERMINING that the bond re~ointion is sub- ject to a permissive referendum. DATED: Decemher II, 1~90 ~udith T. Terry Town Clerk 1X-12/20/90(14) Notary Public BARBARA A, SCHNEIDER NOTARY PUILIC, S~ate d No. 4806845 Qualified i~ Suffolk ~ Commissbn Expi~ ~-~ NCYFICE The r~olution published herewith h~s been adopted on the llih dgy of D~cember, 1990. pob~ih~ and ~st~ as w- qui~d W hw and the ~fiod of ~e K~ ~p~ for the submis- sion ~d ~ing of a ~tition for a ~issi~ ~ferendum ~d a ~ ~it~n has not b~n sub- ~ ~ ~. ~e ~dity of tbe,~ions authofiz~ ~ s~ ~tion ~ ~ ~ con~ bnly if such obBga- j~'~r ~'fot '~ ~e County ~f Suffolk, N~;~or~,' is ~t ~tho~ to '~ mon~ ~ if thi p~fls vf iaw whi~ shouM ~ ~n ~ ~ ~ of ~ ~ of ~b~afiOn of this nofi~ ~ ~d~ ~ ~it or ~ ~ i~ ~thin t~ ; ~'~ ~e ~tion of t~s '~t~ o~ such obviations ~ anth6fi~d in ~o~flon of the ~ions of the ~fltution. ~ , JUDITH T. ~RRY '~ ~n Clerk ..'~ ~ ~WT~ON O~ ~ ~N OF ~OLD, NEW YORK, ADOPTED DEGEMBER 11, 1990, AUTHORIZING A . HY~ROGEOLOGIC IN- V~SriOATION AT. · HE ~STIMATED MAX- i~ co~ TH~ ~S ~,~, APPROPR~TING ~ ~OU~ ~R, A~ AUTHORIZING THE ~S~ASCE O~ ~4~,~0 ~ ~VS O~ ~ HNANCE ~ AP~RIA~ON. THE ~N ~ARD OF THE TC OF SOUTHOLD, IN~ THE cOUNTY OF SUF- FOLK, NEW YORK, HEREBY RESOLVE5 (by the favorable vote of not less than two-thir~.~ of ~li tha i~embess Of said Towfi Board) AS FOLLOWS: '~ Section 1. The. Town of Southold, in th~ County of Suf- folk, New York ~he~ein called "Town"), is hereby authorized to conduct u'hydrogeoinaic in- vestigation ut the Town landfill, incl~din~ establishment of decontamination facilities, equipment, matefl~l~, supplies, and well s~t. up; construction~ and sampling .of.the borehole; installation of casing (riser pipey and screen; s~ting sand pack around the s~en and installa- tion Of a bentonite seal above the screen~ sealing'the well riser pipe annulus; installing a lock- ing surface casing and surface seal;,dev~lopmant and comple- tion of the.well; e~nt~nmant of drillings,/~ttin~t., 'purge water and dev~opman.t,, water; sit~ cleanup a~d ~ti~posal of ~ cuttings .and fl~jds The estimated maximum c~t of said specific ob'~ct or I~urpo~ in- ciudi~ig preliminary Costs and costs !ncidantal tbe~o and the ' financing ther~of,'ls ~00,000 and said amount.is hereby ap- proprim~d ther~for..Tbe plan of finanrcin~ lncludce~tbe issuance of $400,,000 serial bonds of the tion,'and the levy and collection of taxes 6i~ 'all the taxable real prop~ty in the Town, to pay the principal Of said I~onds and the inter~t thereon ns th'e s~ane shall Section 2. Serial bonds of the Town in the principal amount of $400,000, are h~reby authorized to be issued pursuant to the pm- visini~s of the Local Finance Law, constituting Chapte~ 33-a of the Consolidated Laws of the State of New York 0~erein call- ed "Law") to flhance said appropriation. Section 3. The following ad- ditional matters ar~ hereby det~'mined and de,bred: (u) The period of'probable usefulness of said specific object or purpo~', for. which said $400,000 serial bonds.authoriz- ed pursuant to this resolution are to be issued, within the limitations of Section ll.00 u. 6-h. of the Law, is ~V'~nty (20) years; however, the period of probulde nsduiness of said limited to ten (10) years. (b) Current funds my ~ re- quired by the Law to.be..~vid- ed as a down p~ymant prior to the issuance of the bonds azlthorir.~d by this resolution or any bond anticipa~ign aot~ issued'in anticipation the.~, f in accordance with 5&tion 107.00 'd. 4 of the Law. (c)Tbe prol~g~d maturity of the bonds authorized by 'this re~olmion will ~xceed five (5) years, Section 4.. Each of the bonds authorized by this r~olntion a~d any bond antici~.ti.on no~ ~um in mt~cipa~o~ 6fme s~e of said bonds shall contain the recital of validity as pt~cribed by Section 52.00 of the l~v and said bonds and any notes issued in anticil~tion of said bonds, shiH~.,be general obli~atinns of the Town, payable as to both principal and interest by general tax upon all the taxable real pro- perty 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 intere~ 0n~d bonds and any notes ~ in ant~pation of the sage 0f ~said bonds, and provision shall be made ~nngally in the budget of the Town by appropriation for (u) tl~0 ~amortiz~t~n a~d redemption of the .bonds. and any notes in anticipation th~eof to mature in such year and (b) the payment of interest to be due and payable in such year. ' Section 5. Shbject to,be pro- visions of ~ ~'esohifio~i a~d of the Law ~ pur~uan~'.tO the provisions 'of Se~,ion ' 30~00 relative to the authorization o~ the issuance of bond un~ipa- tion not~ and of Section 50.00 and Sections 56.00 to ~0.00 of the Law, the pOV~rs and dfities of the Town Board relative to authorizing bond '~,~fidpatinn no~s and prescribing th~ terms, form and contents annas to the sale atxd issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipatint~ notes, are hereby delegated to t~le SuperviSor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by his rm~iu- tion and of any notes isshed'in anticipatioU of thg ~le. of ~id bonds, may be ~onte~d only if: (a) such obligations are p4~e for ~hieli tlte T6v~ isvhot authorized'to otpend money, or Co) the provisions of law ..whtch stlould be compl/~d with at the. date of the publication of such resolution are not substan- tially complted:with, and an ac- tion, suft or prOCeeding con- testing such validity, is com- menced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions.of the Constitution. Section ?. This bond ~.!~,u- · tio~ ~ subjc'~ to ~rm~ss~ve referendum. ' ~ 1X-1/2~/91(3) jo ,'~ L' p ..................... ?~O,k M3N JO 31VIS ~qO~f~S ~0 A±NnOD STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SHARON ROCK of Mattituck, in .aid County, being duly SWorn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st Mattituck, In the Town of couthold, county Suffolk and State o1' 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 ~ weeks successively, COmmencing on the 24 JANUARy 1991 ~ day of Sworn t~ day for ~ Principal Clerk · ore me thIs ~ "B~ Resolu~ of ~thold. New y~. a~ a~ au~o~z~g ~e issuan~ of $400,000 serial ~nds of Town m f~ce s~d ~isely stain8 t~ pu~se ~RST: A UTHOR~Z~G ~ to ~nduct a m~ifat~ at tho To~ ~ins estabHs~ent Mmhation facilities; equ~t, ~d STA~NG &e est~ed m~- financial{ the~of, it $4~,0~; APPROPRZAT~G said amount T~tRD: DETER~G a STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Sharon Rock of Mattituck, In said Courtly, being duly sworn, says that ha/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattftuck, In tho 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 p. bllshed in said Newspaper once each week for i weeks successively, commencing on tho 20 . day of December 1990