The URL can be used to link to this page

Home My WebLink AboutEmergency Generator DELAFIELD & WOOD LLP lpal) UMOl PlOQlnoS PHONE (212) 820-9300 FAX (212) 514-8425 ONE CHASE MANHATTAN PLAZA NEW YORK, NY 10005 WWW.HAWKINS.COM gOOl l l d3S a3^13J3~ NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO (212) 820-9416 September 8, 2006 Town of Southold, New York $175,000 Serial Bonds tor Diesel Generators (Our File Designation: 2615/029696) Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Thank you for your recent letter enclosing the Affidavit of Publication with respect to the Bond Resolution authorizing the above Serial Bonds. This Affidavit has been placed in our Record of Proceedings. Again thanking you and with kind regards, I remain ~i-.~ Gerard Fernandez, Ir. GFjr/jc 508096.10296% LlR #7945 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said 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 for 1 week(s), successively, commencing on the 29th day of June, 2006. ~ "'~.. . ~(MftvtaQj) Principal Clerk Sworn to before me this 2006 a( day of ~j) ~ rn v'StJ Vl1l V OUvD [{j CHRISTINA VOllNSKI NOTARY PUBLIC-STATE OF NEW YORK No. 0 1.V061 05050 Quollfled In Suffolk County Commission Expire. February 21, 2001 LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 20th day of June, 2006, and the valid- ity of the obligations authorized by such resolution may be hereafter contested only if sllch obligations were authorized for an object or purpose for which the TOWN OF SQUTHOLD, 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. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK. ADOPTED JUNE 20, 2006, AUTHO- RIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERA- TORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXI- MUM COST OF $175,OOO;APPROPRI- ATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSU- ANCE OF BONDS IN THE PRINCI- PAL AMOUNT OF $175,000 TO FI- NANCE SUCH APPROPRIATION. Object or purpose: to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall. at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department. at an estimated maximum cost of $40,000; (e) a ]00 KW diesel gen- erator for use by the Town Highway De- partment, at an estimated maximum cost of $4H,QOO and (d) a 40 KW diesel gen- erator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financ- ing thereof, is $175,000 and said amount is hereby appropriated therefor Amount of obligations to be issued: $175,000 Period of probable usefulness: five (5) years A complete copy of the Bond Reso- lution summarized above shall be avail- able for public inspection during normal business hours at the office of the Town Clerk, Town HaiL 53095 Main Road, Southold, New York. Dated: June 20, 2006 Southold, New York BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD, COUNTY OF S,TTFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk 7945-1 T ()I?q ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24, 2006 Town of South old, New York $175,000.00 Serial Bonds for Diesel Generators Your File Designation: (2615/029696) Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Enclosed find a certified copy of the original affidavit of publication for the above referenced bond that was published in the Suffolk Times announcing the adoption of this bond. Enc Cc: John Cushman, comptroller Town Attorney d;z.7iO- Lynda M Hohn Deputy Town Clerk #7945 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said 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 for 1 week(s), successively, commencing on the 29TH day of June, 2006. RllitN(Q01~~ Principal Clerk Sworn to before me this 2006 W-dayo,guOf ~w(y;)[& CHRISTINA VOLlNSKI NOTARY PUBLIC-STATe OF NEW YORK No, Cl.V0610B050 Qualified In $oflOlk Ccunfy Comml..lon E.pl,... f...."...,'\ U, 2008 R[C!2~V;'D JUL 1 3 2005 ~c:~~( ,~; j,\> . "'001\ ,...; :....,;;.:. LEGAL NOTICE 'll1'(,~~,. "i,,~,,>,qfwpich is published betewfth;has-beenadopted on " the 20th day aOune. 2006, and the valid- ity of the obligations authorized by sllch resolution may be hereafter contested only if such obligations were authorized for an objector -purpose for which the TOWN O.f,~9iJ!HOLD. in tho ~Q"'1ty of S~ffo~, ~ew York, is m~t atitho~ed to. e~p~n~II}~~~y()r if the provi~i~ns of law .~hic~ ~,~oul~, have _ bee? complied with as of the date of publication 1j~ tlJis Notice _ were 'l1at substantially complied with, and.~_action, suit or...proceeding contesting such validity is commenced within twenty' days-after the publicatiori aftms NotiCe, or such obligations Were authoriZed in- Violation of the provisions of the constitution', ELIZABETH A NEVILLE Town Clerk " BOND RESOLUTION ,OF .niE TOWN OF SOUTHOLD,NEWYORK, ADOmpJUN'E 20,2006, AUTHO- RIZING - THE "'ACqUiSITiON OF fERT^IJ:f\llo~\W!fncy;.pl3NR!lA- 1f9RSF~R'~E;JN~j)F.OR THE '!'OWN At~'i:'mu 'rim:,M;UI- :MoM'(XjSTi$F;rl1]~)wPROrRI-' f-TI!'lt1 SAID Al>IOUNTTHEJP'FOj{ ANP'AUTHORIZING THE'A$SU- AN' F .; S IN TIlE PRiNC)' , ;:~J!?,llOO ;rq FI' O~UP!'l-. ' ~-'-' 'a:~:~~~_ a75 costs incidenW theretP~~t the financ- ing thereof, is $175.000 ~ said ari:tount is hereby appropriated therefor Amountdf obligations to be issued: $17;,000 :Periij4_-;~ '-~fu~~~~'h~~fi~}~-~'l: five(5)yeats '_;:..i_~__<-",""}',":'; ; A complete copy of the Bond Reso- lution summarizedaoove shall be avail- able, for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York', Dated: June 20,2006 Solithdld, New York BY ORDER OFTHETOWN )lOAll.J'l OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK ElizabethA. Neville Southold Town Clerk i 794S-lT 6129 FecEx, US Airbill Express FodE< T'ac,og Numb., 8481 3035 6047 From Pfus6pritltlJlldprBSSlMrd. Dm {p-j'it-Ob Sender's FedEx Account Number 10."-.7-7()':JQ_~ Sender's N,m. ELIZABETH NEVILl F pho"I'<':<117"'''-1800 Com"", TOWN OF SOUTHOI D Addrn~ 53095 ROUTE 25 Oelltft'k>o</StJim/Room c"" SOUTHOLD NY ~ 11971-4'<'4::> State ZIP 2 Your Internal Billing Reference ,... *"'.. ---4- First24ch....ctarswill.p"".ronIOYO"'" ~tf'I'~~-... ~Y'\A-nda ~ho"I.J\J..1 8;)()-Q41C, l1\A.tiP(~ C'~,qse MMn~~VI ~1l'\2-~ 3 To ~ Recipient's _ _, Name y-~ Company ~(\ \.l..iLtr'\..... ReciPient's~ Address Wooannotdoli""'IllP,O,lIo...orP.O,ZIPcod.. O.pIJf\oo,/SoiWRoom Address ToI'1lllU"st. plenge bo hold ot. .p.o~io FedEx IOC800., printF<'tdEx.dd..... h.,. ~f'l.) '1ovk. 10005 "'to Woo! ZIP Trv online shipping at fedex,com\ ByusingthisAirbillyousgreetotlleservicecorditionsontheDackolthisAirbil arKlinourcurrentSeNiceGuide.includingtenns1hatlim~ourliabilily. Ouestions? Vis~ our Web s~ 81fedex.com orcall1.800.GoFedExl.800.463.3339. L_______________ ,~ JOron. 0215 4a ~ Package Service ~dExPriorityOvemight D FedExStandardOvemight '--' r>ext~"Slne"mllm,"g" Ne>:tbu,mssallemooo" o FadEx20ay DFedExEx~ressSaver s.."",oOusine..day" Tt,,,dblJ$lr,il$5oav' L-..... F<idE<ErMllope'8l1!nOIOVllile~Minim"mCharge;One-pound'''''' ------.J 4b Express Freight Service D FedExlDavFreight* No>:!"",,"_,",,, "Co~ lorConfirmotioo o ~;'~b~~~ht Pack8fl8S up ID l!ilk "rernosll""ahooo o ~~~~~~:~~~ r1e1",er1/lO<eler:tloclllii>rlll" 8 " { .; Pat;/uJgtlsD....,!il1bs. -To......locatlo". .~ :J FedEx3DalFreight ThirnbuslKl....,.. u: D " 5 ..Yackaging rJ EedEx Envelope* FedExPak* DFedEx ~~~~,dr.~~~:~\.Stu,<I';P.k Box .- 6 Special Handling D SAnJIlAYIJeIiwIy . AvailablllONtVlor ~~~~o:t~:U:f&"18:J' Frnighllosel.c'lIP'''de, ~thil..ipmentClllllllind8~goocII1 ... -. One b",mu,l be chochd. - No 0 r;~orett"~.d. [J ~"o""leration Sh'ooo"Oeolarllblln not,,""""d O"""O'OIJS~'lr"'loo'"gOryl'")'"nr><(be"''WOdil1Fod&p"'..gil1g .Ooclerod.ol",,~SliOO '" o ~g~ . o Other ,~ Indudo FodE. addros. in S.,lion3 D HDLD_ at FedExlocatioo NOT Available 1m Fodb.FnlOwmighl D HOLD ......oy atFedExlocanon Available ONLV 101 Fodb.PriorityOvomighlond Fod&2Davb>..loC11ocation. r~ !~~C~~~UNIMS_,_kg o Cargo Aircrflft Only . !i;< , " . , 7 ayment B~ ~FeclExAco:t.No.arCnld~C.n1No.beIDw.------: ~'~~~\nSer:tilln 0 Recipient 0 ThirdParty 0 Credit Card 0 CashICheck 1 w;l be billed Fod&AcctNo. CrndilC'lldllo TotalWeigbl: Total DecIar8dV8luef "' o~ -=t;"" - $ 00 ourllabilrty,slrmttadtoSlOOlll1lassyoodeclareehighfll.altlllSaebackfordet>nls . ~~ I~, ;~ . ;:j J . J;; !'; FedEx Usa Only 8 Sign to Authorize DeliveryWlthout a Signature Bvsigningyunaull1mileuslOdel",allhisshipmentwithoutotltein;ngasignatura andag'aelo,"damnifyan~holdusharmlassfrome"'lresultinQcleims. 0287331970 SRS'R".O.,,'j,1l3'P,n#158119'(1)19').l-1003FOOE,'PRIr>T10INU.SA 14661 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town HaIl, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 28, 2006 Town of South old, New York $175,000 Serial Bonds for Diesel Generators Our File Designation: (2615/029696) Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Enclosed find an original copy of the Extract of Minutes, as well as a certified resolution adopting the above referenced bond and a copy of the publication that will appear in the June 29, 2006 edition of the Suffolk Times. I will forward an original affidavit of publication when received from the Suffolk Times. If there is anything else you require for your files, please contact me at the Town Clerk's office. Very truly yours, d~~~ Lynda M 80hn Deputy Town Clerk Enc Cc: John Cushman, comptroller Town Attorney . . EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York June 20, 2006 * * * 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, at 4:00 o'clock P.M., on June 20,2006. There were present: Board Members: Hon. Scott A. Russell, Supervisor; and Councilman Albert Krupski, Jr. Councilman William P. Edwards Councilman Daniel C. Ross Councilman Thomas H. Wickham Justice Louisa P. Evans There were absent: None Also present: Elizabeth A. Neville, Town Clerk Kieran Corcoran, Assistant Town Attorney John A. Cushman, Town Comptroller * * * Councilman Thomas P. Wickham offered the following resolution and moved its adoption: . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH 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 the "Town"), is hereby authorized to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $175,000 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 $175,000 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 (referred to herein as the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 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 for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has heretofore determined that each specific object or purpose herein above described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. . . (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. . . Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," 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 Louisa P. Evans and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Scott A. Russell, Supervisor Councilman Albert Krupski, Jr. Councilman William P. Edwards Councilman Daniel C. Ross Councilman Thomas H. Wickham Justice Louisa P. Evans NOES: None The resolution was declared adopted. ******** . . Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH APPROPRIATION. Object or purpose: to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of$48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor Amount of obligations to be issued: $175,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated: June 20, 2006 Southold, New York . .r .i CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on June 20, 2006, 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 ~ day of June, 2006. (SEAL) ~:'L~n..a Town erk Error! Unknown document property name. , . LEGAL NOTICE . The resolution, a summary of which is published herewith, has been adopted on the 20th . day of June, 2006, 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 oflaw 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. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH APPROPRIATION. Object or purpose: to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of$25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor Error! Unknown document property name. - Amount of Oblilms to be issued: . $175,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office ofthe Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated: June 20, 2006 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON JUNE 29, 2006 AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: The Suffolk Times Comptroller Human Resource Town Board Members Police Department Bond Counsel Town Attorney Recreation Center Town Clerk's Bulletin Board Error! Unknown document property name. . . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk oft Town of South old, New York being duly sworn, says that on the )1 day of 2006, she affixed a notice of which the annexed printed notice is a e copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bond for Emergency Generators - various Town locations Elizabeth A. N ville Southold Tow Clerk LYNDA M. BOHN NOTARY PUBLIC, State of New 'I1Drk No. 01806020932 Qualified In Suffolk Countr.. Term Expires March 8, 20 A.J. Town of Southold - Lette. ~~, f\ I,~,:.'\\_-(\ Boa"eeting of June 20, 2006 RESOLUTION 2006-566 ADOPTED Item # 36 DOC ID: 1961 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-566 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 20, 2006: RESOLVED that the Town Board of the Town of Southold hereby determines that the obiect and purpose of the authorization to finance the acquisition of certain emere:encv e:enerators at an estimated total cost of $175.000 is classified as a Tvpe II Action pursuant to SEQRA Rules and Rel!:Ulations. 6 NYCRR Section 617.5, and is not subject to further review under SEQRA. aj ,*l~r;,pr'tl.. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated June 23, 2006 Page 60 # . c.-', ._ ~_.9- Board Meeting of June 20, 2006 Town of Southold - Letter RESOLUTION 2006-567 ADOPTED Item # 37 DOC ID: 1964 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-567 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 20, 2006: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZlNG THE ACQUISITION OF CERTAlN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATlNG SAID AMOUNT THEREFOR AND AUTHORIZlNG THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FlNANCE SUCH 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: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $175,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real Generated June 23, 2006 Page 61 Town of Southold - Leu. B.d Meeting of June 20, 2006 \ property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of $175,000 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 (referred to herein as the "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 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 for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has heretofore determined that each specific object or purpose herein above described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. 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 Generated June 23, 2006 Page 62 , . Town of Southold - Letter . Board Meeting of June 20, 2006 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. 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, 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. 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: 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, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," 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. * * * Exhibit A Generated June 23, 2006 Page 63 Town of Southold - Leu. B.d Meeting of June 20, 2006 .. BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH APPROPRIATION. Object or purpose: to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor Amount of obligations to be issued: $175,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Generated June 23, 2006 Page 64 ; . . Board Meeting of June 20, 2006 Town of Southold - Letter Dated: June 20, 2006 Southold, New York ~~ .:/~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated June 23, 2006 Page 65 . . '.~.'....~ PHONE (212) 820-9300 FAX (212) 514-8425 ONE CHASE MANHATTAN PlAZA NEW YORK, NY 10005 WWW.HAWKINS.COM YORK H1NGTON '(........)'(1 WARK .............JARTFORD OS ANGELES .' SACRAMENTO SAN FRANCISCO DELAFIELD & WOOD LLP (212) 820-9416 June 16, 2006 Town of South old, New York $175,000 Serial Bonds for Diesel Generators (Our File Designation: 2615/029696) John Cushman Town Comptroller Southo1d Town Annex 54375 Route 25 Southo1d, New York 11971 Dear John: Pursuant to your request, I have prepared and enclose herewith the draft Extract of Minutes of the regular Town Board meeting to be held on June 20th, showing adoption of the bond resolution authorizing the above bonds and authorizing and directing the publication of a summary of such bond resolution together with the statutory form of notice. Please note that the bond resolution is to be adopted by at least a two-thirds vote of the entire Town Board membership. An extra copy of the summary of the bond resolution with the prescribed form of the Town Clerk's statutory notice affixed in readiness for publication in the official Town newspaper designated in the bond resolution is also enclosed. As you know, publication of the summary of the bond resolution with the prescribed form of Town Clerk's notice, commences a 20-day statute of limitations pursuant to the provisions of Section 80.00 et seq. ofthe Local Finance Law. Please note that incorporated in the bond resolution is the reference to the determination by the Town Board that the object or purpose is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"). 502528.1 029696 RES . . Please obtain and fOlward to me a certified copy of the Extract of Minutes and an original Affidavit of Publication with respect to the summary ofthe bond resolution. Thanking you and with kind regards, I am " Gerard Fernandez, Jr. GFjr/wjj Enclosures cc: Kieran Corcoran, Deputy Town Attorney (wi encl.) 502528.1 029696 RES . . (NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED WITH RESOLUTION AFTER ADOPTION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 20th day of June, 2006, 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 oflaw 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. ELIZABETH A. NEVILLE Town Clerk 502528.1 029696 RES . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH APPROPRIATION. Object or purpose: to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor Amount of obligations to be issued: $175,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated: June 20, 2006 Southold, New York 502528.1 029696 RES