HomeMy WebLinkAboutBrushes Creek Bridge Reconstruction
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EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of South old, in the
County of Suffolk, New York
December 17, 2002
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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, in said
Town, on December 17, 2002, at 7:30 o'clock P.M. (Prevailing Time)
There were present:
Hon. Joshua Y. Horton, Supervisor; and
Justice Louisa P. Evans
Councilpersons:
M. Romanelli.
There were absent:
Thomas H. Wickham, Craig A. Richter, Councilman John
Councilman William D. Moore
Also present:
Elizabeth A. Neville, Town Clerk
Gregory Yakaboski, Town Attorney
John Cushman, Town Comptroller
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Councilman Craig R. Richter, offered the following resolution and moved its adoption:
412637.1025290 RES
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RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED DECEMBER 17, 2002, AMENDING THE BOND
RESOLUTION ADOPTED JULY 30, 2002 AUTHORIZING
$425,000 SERIAL BONDS TO FINANCE CONSTRUCTION OF
A BRIDGE TO CROSS BRUSHES CREEK.
Recitals
WHEREAS, the Town Board of the Town of Southold, (hereinafter referred to as
"Town Board" and "Town", respectively) in the County of Suffolk, New York, has heretofore
duly authorized the construction of a new reinforced concrete bridge on Peconic Bay Boulevard,
a Town Road, to cross Brushes Creek, in the Town, as more fully described in the bond
resolution adopted by the Town Board on July 30, 2002 and hereinafter amended, at the
estimated maximum cost of $425,000, which amount was appropriated therefor to be financed by
the issuance of $425,000 serial bonds therein authorized, all pursuant to said bond resolution;
and
WHEREAS, due to the increased cost of labor and materials, the Town Board has
determined that the estimated maximum cost of said increase and improvement of facilities is
now $650,000, and it is necessary and in the public interest to increase the appropriation and the
amount of serial bonds authorized therefor by the amount of $225,000 and to amend said bond
resolution to reflect such increased cost;
Now, therefore, 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 two-thirds
of all members of said Town Board) AS FOLLOWS:
412637.1025290 RES
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Section A. The bond resolution of the Town adopted by the Town Board on July
30, 2002, entitled:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JULY 30, 2002, AUTHORIZING THE
CONSTRUCTION OF A NEW BRIDGE ON PECONIC BAY
BOULEVARD TO CROSS BRUSHES CREEK, IN SAID
TOWN; STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $425,000; APPROPRIATING THE SAID
AMOUNT THEREFOR, INCLUDING THE APPROPRIATION
OF MONEYS EXPECTED TO BE RECEIVED FROM THE
STATE OF NEW YORK TO REIMBURSE THE TOWN;
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$425,000 SERIAL BONDS OF THE TOWN TO FINANCE SAID
APPROPRIATION AND STATING THE PLAN OF
FINANCING INCLUDES THE ISSUANCE OF SAID SERIAL
BONDS, THE APPLICATION OF SAID STATE MONEYS TO
REIMBURSE THE TOWN AND THE LEVY AND
COLLECTION OF TAXES TO PAY PRINCIPAL OF AND
INTEREST ON SAID BONDS.
is hereby amended to read as follows:
412637.1025290 RES
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BOND RESOLUTION OF THE TOWN OF SOUTH OLD, NEW
YORK, ADOPTED JULY 30, 2002 AND AMENDED
DECEMBER 17, 2002, AUTHORIZlNG THE CONSTRUCTION
OF A NEW BRIDGE ON PECONIC BAY BOULEVARD TO
CROSS BRUSHES CREEK, IN SAID TOWN, STATlNG THE
ESTIMATED MAXIMUM COST THEREOF IS $650,000;
APPROPRIATlNG SAID AMOUNT THEREFOR, lNCLUDlNG
THE APPROPRIATION OF A GRANT OF $50,000 AND SUCH
OTHER MONEYS EXPECTED TO BE RECEIVED FROM THE
STATE OF NEW YORK, TO REIMBURSE THE TOWN;
AUTHORIZlNG THE ISSUANCE OF $650,000 SERIAL
BONDS OF SAID TOWN TO FlNANCE SAID
APPROPRIATION AND STATlNG THE PLAN OF
FlNANClNG lNCLUDES THE ISSUANCE OF SAID SERIAL
BONDS, THE APPLICATION OF SAID STATE MONEYS TO
REIMBURSE THE TOWN AND THE LEVY AND
COLLECTION OF TAXES TO PAY THE PRlNCIPAL OF AND
lNTEREST ON SAID BONDS.
Recital
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 two-thirds
of all the members of said Board) AS FOLLOWS:
412637.1025290 RES
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Section 1.
The Town of Southold (hereinafter called the "Town"), in the
County of Suffolk, New York, is hereby authorized to construct a new reinforced concrete bridge
on Peconic Bay Boulevard, a Town Road, to cross Brushes Creek, in the Town. The estimated
maximum cost of constructing said new bridge, including preliminary costs and costs incidental
thereto and to the financing thereof, is $650,000 and the said amount is hereby appropriated
therefor, including the appropriation of a grant from the State of New York (hereinafter
sometimes called the "State") in the amount of $50,000 and such other moneys as are expected
to be received as grants from the State pursuant to the Multi-Modal Program (hereinafter called
"MM2002") established pursuant to Section 14-k of the New York Transportation Law and such
other State moneys as the Town may be eligible to receive. The plan of financing of said
appropriation includes the issuance of not to exceed $650,000 serial bonds of the Town,
application of the MM2000 Funds expected to be received by the Town to reimburse it for
expenditures made to pay the cost of such construction and such other State moneys as may be
received therefor, including payment of principal of and interest on said bonds as the same shall
become due and payable, and the levy and collection of taxes on all the taxable real property in
the Town to pay that portion of the principal of said bonds and the interest thereon not provided
by said State moneys.
Section 2.
Serial bonds of the Town in the principal amount of $650,000 are
hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Chapter 33a 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:
412637.1025290 RES
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(a) The period of probable usefulness of constructing the new bridge
described in Section I hereof, being the specific obj ect or purpose for which said serial bonds
authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00
a.lO of the Law, is ten (10) years, provided, however, the proposed maturity of the bonds
authorized by this resolution will not exceed 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 1.150-2 of the United States Treasury Department.
(c) Pursuant to the applicable provisions of the State Environmental Quality
Review Act ("SEQRA"), the Town Board acting in the role of Lead Agency, has determined,
prior to the adoption of this Bond Resolution, that the construction of said new bridge herein
before described is a Type II Action and will not result in any significant adverse environmental
impact and no further review is necessary.
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
412637.1025290 RES
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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 any bonds heretofore or hereafter authorized, and of any bond
anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation
notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6.
The validity of the bonds authorized by this resolution and of any
notes issued in anticipation of the sale of said bonds may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized III violation of the provISIons of the
constitution.
Section 7.
This bond resolution shall take effect immediately.
Section B. The amendment of the bond resolution set forth in Section A of this
resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or
action heretofore or hereafter taken pursuant to said bond resolution, and all such liabilities
412637.1025290 RES
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incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or
taken pursuant to said bond resolution, as so amended.
Section C. This resolution shall take effect immediately.
412637.1025290 RES
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The adoption of the foregoing resolution was seconded by Councilmn Romanelli,
and duly put to a vote on roll call, which resulted as follows:
A YES:Councilman Thomas H. Wickham, Councilman Craig A. Richter,
Councilman John M. Romanelli, Justice Louisa P. Evans, Supervisor
Joshua Y. Horton.
NOES: None
The resolution was declared adopted.
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Councilman Craig A. Richter offered the following resolution and moved its adoption:
412637.1 025290 RES
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RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1.
The Town Clerk is hereby directed to publish the foregoing
amended bond resolution, in summary, in "THE SUFFOLK TIMES," a newspaper published in
Southold, New York, and having a general circulation in said Town, which newspaper is hereby
designated as the official newspaper of the Town for such publication, together with the Town
Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the
State of New York.
Section 2.
This resolution shall take effect immediately.
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The adoption of the foregoing resolution was seconded by Councilman John M.
Romanelli, and duly put to a vote on roll call, which resulted as follows:
AYES:Councilman Thomas H. Wickham, Councilman Craig A. Richter,
Coiuncilman John M. Romanelli, Justice Louisa P. Evans, Supervisor Joshua Y. Horton.
NOES: None
The resolution was declared adopted.
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412637.1025290 RES
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CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suffolk, New York, HEREBY CERTIFY that the foregoing annexed extract from the
minutes of a meeting of the Town Board of said Town, duly called and held on December 17,
2002 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 this 24th day of
December, 2002.
(SEAL)
~.td~O ~~~,
Town Clerk
412637.1 025290 RES
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(NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED
WITH RESOLUTION AFTER ADOPTION)
The resolution, a summary of which is published herewith, has been adopted on
the 30th day of July, 2002, and amended on the 17'h day of December, 2002, 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.
ELIZABETH A. NEVILLE
Town Clerk
412637.1 025290 RES
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BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JULY 30, 2002 AND AMENDED
DECEMBER 17, 2002, AUTHORIZING THE CONSTRUCTION
OF A NEW BRIDGE ON PECONIC BAY BOULEVARD TO
CROSS BRUSHES CREEK, IN SAID TOWN, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $650,000;
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING
THE APPROPRIATION OF A GRANT OF $50,000 AND SUCH
OTHER MONEYS EXPECTED TO BE RECEIVED FROM THE
STATE OF NEW YORK, TO REIMBURSE THE TOWN;
AUTHORIZING THE ISSUANCE OF $650,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION AND STATING THE PLAN OF
FINANCING INCLUDES THE ISSUANCE OF SAID SERIAL
BONDS, THE APPLICATION OF SAID STATE MONEYS TO
REIMBURSE THE TOWN AND THE LEVY AND
COLLECTION OF TAXES TO PAY THE PRINCIPAL OF AND
INTEREST ON SAID BONDS.
Object or purpose:
the construction of a new reinforced concrete bridge, in the Town of
Southold, on Peconic Bay Boulevard, a Town Road, to cross
Brushes Creek, the estimated maximum thereof, including
preliminary costs and costs incidental thereto and to the financing
thereof, being $650,000 which amount is appropriated therefor,
including the appropriation of a $50,000 grant from the State of
New York and such other moneys expected to be received as grants
from the State of New York pursuant to the Multi-Modal 2000
Program established pursuant to Section 14-k of the New York
Transportation Law and such other State moneys as the Town may
be eligible to receive.
Amount of obligations
to be issued:
$650,000
Period of probable
usefulness:
ten (10) years; however, the proposed maturity of the bonds will
not exceed 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 11971.
Dated: December 17, 2002
Southold, New York
412637.1025290 RES
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 845 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 17, 2002:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JULY 30, 2002 AND AMENDED
DECEMBER 17, 2002, AUTHORIZING THE CONSTRUCTION
OF A NEW BRIDGE ON PECONIC BAY BOULEVARD TO
CROSS BRUSHES CREEK, IN SAID TOWN, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $650,000;
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING
THE APPROPRIATION OF A GRANT OF $50,000 AND SUCH
OTHER MONEYS EXPECTED TO BE RECEIVED FROM THE
STATE OF NEW YORK, TO REIMBURSE THE TOWN;
AUTHORIZING THE ISSUANCE OF $650,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION AND STATING THE PLAN OF
FINANCING INCLUDES THE ISSUANCE OF SAID SERIAL
BONDS, THE APPLICATION OF SAID STATE MONEYS TO
REIMBURSE THE TOWN AND THE LEVY AND
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COLLECTION OF TAXES TO PAY THE PRINCIPAL OF AND
INTEREST ON SAID BONDS.
Recital
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 two-thirds
of all the members of said Board) AS FOLLOWS:
The Town of Southold (hereinafter called the "Town"), in the County of Suffolk,
New York, is hereby authorized to construct a new reinforced concrete bridge on Peconic Bay
Boulevard, a Town Road, to cross Brushes Creek, in the Town. The estimated maximum cost of
constructing said new bridge, including preliminary costs and costs incidental thereto and to the
financing thereof, is $650,000 and the said amount is hereby appropriated therefor, including the
appropriation ofa grant from the State of New York (hereinafter sometimes called the "State") in
the amount of $50,000 and such other moneys as are expected to be received as grants from the
State pursuant to the Multi-Modal Program (hereinafter called "MM2002") established pursuant
to Section l4-k of the New York Transportation Law and such other State moneys as the Town
may be eligible to receive. The plan of financing of said appropriation includes the issuance of
not to exceed $650,000 serial bonds of the Town, application of the MM2000 Funds expected to
be received by the Town to reimburse it for expenditures made to pay the cost of such
construction and such other State moneys as may be received therefor, including payment of
principal of and interest on said bonds as the same shall become due and payable, and the levy
and collection of taxes on all the taxable real property in the Town to pay that portion of the
principal of said bonds and the interest thereon not provided by said State moneys.
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Serial bonds of the Town in the principal amount of$650,000 are hereby authorized to be issued
pursuant to the provisions of the Local Finance Law, constituting Chapter 33a of the
Consolidated Laws of the State of New York (herein called "Law"), to finance said
appropriation.
The following additional matters are hereby determined and declared:
The period of probable usefulness of constructing the new bridge described in Section 1 hereof,
being the specific object or purpose for which said serial bonds authorized pursuant to this
resolution are to be issued, within the limitations of Section 11.00 a.1O of the Law, is ten (10)
years, provided, however, the proposed maturity of the bonds authorized by this resolution will
not exceed five (5) years.
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 1.150-2 of the United States Treasury Department.
Pursuant to the applicable provisions of the State Environmental Quality Review Act
("SEQRA"), the Town Board acting in the role of Lead Agency, has determined, prior to the
adoption of this Bond Resolution, that the construction of said new bridge herein before
described is a Type II Action and will not result in any significant adverse environmental impact
and no further review is necessary.
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 ofthe Law and said bonds and any notes issued in anticipation of said bonds shall be
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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 oftheJown are hereby irrevocably pledged to the punctual payment ofthe 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 ofthis resolution and of the Law and pursuant to the provisions of
Section 21.00 relative to the authorization ofthe 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 ofthe 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 ofthe bonds herein authorized, and any
bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in
anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated
to the Supervisor, the chief fiscal officer of the Town.
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.
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This bond resolution shall take effect immediately.
Section B. The amendment of the bond resolution set forth in Section A of this
resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or
action heretofore or hereafter taken pursuant to said bond resolution, and all such liabilities
incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or
taken pursuant to said bond resolution, as so amended.
Section C. This resolution shall take effect immediately.
Pl?j .L 1.I(l.!/e<<(!,.'
Elizabeth A. Neville
Southold Town Clerk
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Telephone:
Facsimile:
e-mail address:
212-820-9416
212-820-9603
gfemandez@hdw.com
December 13, 2002
Town of South old, New York
$650,000 Serial Bonds for the
Brushes Creek Bridge
(Our File Designation: 2615/025290)
Mr. John A. Cushman
Town Comptroller
Town of South old
53095 Main Road
Southold, New York 11971
Dear John:
Pursuant to our several recent telephone conversations and in advance of the
December 17th Town Board meeting, I have prepared and enclose with this letter the draft
Extract of Minutes of such meeting, showing adoption of the resolution amending the Bond
Resolution adopted on July 30, 2002 and the resolution directing that such Bond Resolution, as
amended, be published, in summary, together with a Notice in substantially the form prescribed
by Section 81.00 of the Local Finance Law.
Please note that the resolution amending the Bond Resolution is to be
adopted by at least a two-thirds vote of all the members of the Town Board. The Bond
Resolution recites that it was adopted by at least such two-thirds vote.
Publication of the Bond Resolution, as amended, in summary, together with the
Clerk's statutory form of notice commences a 20-day statute of limitations period pursuant to
Section 80.00 et sea. of the Local Finance Law. An extra copy of the summary of the Bond
Resolution, as amended, with the statutory Notice attached, is enclosed for use in publishing.
412216.1025290 RES
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May I ask that you obtain and forward to me a certified copy of the Extract of
Minutes together with an original Affidavit of Publication.
Should you have any questions, please do not hesitate to call me at your
convenIence.
Thanking you and with kind regards, I remain
"
Since
Gerard Fernandez, Jr.
GF, Jr.:bc
Enclosures
412216.1025290 RES