HomeMy WebLinkAboutVacuum Drain Cleaner
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
March 14,2007
Town of Southold, New York
$278,000 Serial Bonds for Air Vacuum Drain Cleaner
$100,000 Serial Bonds for Excavator
$60,000 Serial Bonds for Tractor-Mower
$22,500,000 Serial Bonds for Land Preservation
(Our File Designation: 2615/ )
Robert P. Smith
Hawkins, Delafield & Wood
67 Wall Street
New York, NY 10005
Dear Mr. Smith,
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
Enclosed find the certified resolution, original affidavit of publication and Extract of
Minutes for each of the above referenced Serial Bonds.
Please advise if you require anything else for your files at this time.
Encs.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
.
.
EXTRACT OF MINUTES
Meeting of the Town Board of the Town of South old,
in the County of Suffolk, New York
February 27, 2007
.
.
.
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 4:30 o'clock P.M., on February 27,2007.
There were present:
Board Members:
Hon. Scott A. Russell, Supervisor; and
Justice Louisa P. Evans
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Councilman Albert Krupski, Jr.
There were absent:
None
Also present:
Elizabeth A. Neville, Town Clerk
Patricia Finnegan, Town Attorney
.
.
.
Councilman Albert Krupski, Jr. offered the following resolution and moved its
adoption:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$278,000, APPROPRIATING SAID AMOUNT THEREFOR,
INCLUDING THE EXPENDITURE OF GRANT FUNDS
EXPECTED TO BE RECEIVED TO PAY A PART OF SAID
APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF
$278,000 BONDS TO FINANCE THE BALANCE OF 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 the "Town"), is hereby authorized to acquire an air vacuum drain cleaner
for use by the Town Highway Department. The estimated maximum cost thereof,
including preliminary costs and costs incidental thereto and the financing thereof, is
$278,000 and said amount is hereby appropriated therefor. The plan of financing
includes the issuance of $278,000 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. Any funds received from the United States of America, the State of New York
and/or any other source are authorized to be applied towards the cost of said object or
purpose or redemption of the Town's bonds or notes issued therefor, or to be budgeted as
an offset to the taxes for the payment of the principal of and interest on said bonds or
notes.
Section 2. Serial bonds of the Town in the principal amount of $278,000
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 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 purpose for
which said serial bonds are authorized to be issued, within the limitations of Section
11.00 a. 28 of the Law, is fifteen (15) years; however, the bonds authorized pursuant to
this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds, shall mature no later than five (5) years from the date of original issuance of said
bonds or notes.
(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 such expenditures made on or before such
effective date if the Town Board has made a prior declaration of intent to issue
indebtedness therefor. 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 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 ofthe Law and
pursuant to the provisions of Section 21.00 relative to the authorization 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 Section 50.00 and Sections
56.00 to 60.00 and 168.00 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, and as to executing credit enhancement agreements, 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, or a summary thereof, 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 the foregoing resolution, in
summary, 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 "THE SUFFOLK TIMES," a newspaper 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 Councilman
Thomas H. Wickham and duly put to a vote on roll call, which resulted as follows:
AYES:
Hon. Scott A. Russell, Supervisor
Justice Louisa P. Evans
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Councilman Albert Krupski, Jr.
.
.
NOES:
None
The resolution was declared adopted.
*****
Exhibit "A"
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$278,000, APPROPRIATING SAID AMOUNT THEREFOR,
INCLUDING THE EXPENDITURE OF GRANT FUNDS
EXPECTED TO BE RECEIVED TO PAY A PART OF SAID
APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF
$278,000 BONDS TO FINANCE THE BALANCE OF SAID
APPROPRIATION
The object or purpose for which the bonds are authorized is to acquire an air vacuum
drain cleaner for use by the Highway Department.
The period of usefulness is fifteen (15) years; however, the bonds authorized pursuant to
this resolution, and any bond anticipation notes issued in anticipation of the sale of said
bonds, shall mature no later than five (5) years from the date of original issuance of said
bonds or notes.
The amount of obligations to be issued is $278,000.
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.
The bond resolution was adopted on February 27,2007.
.
.
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 February 27, 2007, 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
27'h day of February, 2007.
(SEAL)
cn~..J.dJ Q. !)~.:'J4'
Town Clerk
#8266
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Candice Schott 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 8th day of Mar 2007.
Principal Clerk
Sworn to before me this
2007
CLdaYOf~
CjJl~WsK~-(; [vt f
NOTARY PUBLIC-STATE OF NEW YORK
No.Ol-Y06105050
Quollfled In Suffolk County
Commission Expires February 28. 2008
LEGAL NUl'U:E
The ~l a summary of which
is published herewith. has been adopted
on the 27th day of February, 2007, 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 SOUTHOW,
in the County of Suffolk, New York, is
not authorized to expend money or if
the provisions of law which should bave
been complied with as of the date of
publication of this Notice were not sub-
stantially complied with, and an action,
suit or proceeding contesting such valid-
ity is commenced within twenty days af.
ter the publication of this Notice, or such
obligations were authorized in violation
of the provisions of the constitution;
ELIZABETIl A. NEVILLE
Town Clerk
BOND RESOLUTION OF TIlE
TOWN OF SOUTIlOLD, NEW YORK,
ADOPTED FEBRUARY 27, 2007,
AUTIlORIZING THE ACQUISI-
TION OF AN AIR VACUUM DRAIN
CLEANER, STATING THE ESTI-
MATED MAXIMUM COST THERE-
OF IS $278,000, APPROPRIATING'
SAID AMOUNT THEREFOR, IN-
CLUDING THE EXPENDITURE OF
GRANT FUNDS EXPECTED TO
BE RECEIVED TO PAY A PART OF
SAID APPROPRIATION; AND AU-
TIlORIZING THE ISSUANCE OF
$278,000 BONDS TO FINANCE TIlE
BALANCE OF SAID APPROPRIA-
TION
The object or purpose: fOT which said
bonds are authorized is the acquisition
of an air vacuum dnunc1eaner ioruse by
the Town Highway Department.
The amount of obligations to be is-
sued is $278,000.
The period of. probable usefulness
fifteen (15) yearS; however, the. bonds
authorized pursuant to this resolution
and any bond anticipation notes issued
in anticipation of the sale of said bonds,
shall mature no later than five (5) years
from the date of original issuance of said
bonds or notes. .
A complete copy of the Bond Reso-
lution summarized above shall be avail-
able for public inspection during normal
busiDeIs bours at the office of the Town
Clerk, Town Hall, 53095 Main Road,
Southold,New York.
]be bOnd resolution is dated Febru-
ary 27,2007.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, STATE OF
NEW YORK
Elizabeth A. Neville
Soutbold Town Clerk
a?M..1T 1Il
Town of South old - Letter-
Board I:ting of February 27, 2007
RESOLUTION 2007-232
ADOPTED
Item # 28
DOC ID: 2650
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-232 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 27, 2007:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $278,000,
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF GRANT FUNDS EXPECTED TO BE RECEIVED
TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING
THE ISSUANCE OF $278,000 BONDS TO FINANCE THE BALANCE
OF 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 I. The Town of Southold, in the County of Suffolk, New York (herein
called the "Town"), is hereby authorized to acquire an air vacuum drain cleaner for use by the
Town Highway Department. The estimated maximum cost thereof, including preliminary costs
and costs incidental thereto and the financing thereof, is $278,000 and said amount is hereby
appropriated therefor. The plan of financing includes the issuance of $278,000 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. Any funds received from the United States of America, the State
of New York and/or any other source are authorized to be applied towards the cost of said object
or purpose or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an
offset to the taxes for the payment of the principal of and interest on said bonds or notes.
Section 2. Serial bonds of the Town in the principal amount of $278,000 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 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 purpose for which said
serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law,
is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five
(5) years from the date of original issuance of said bonds or notes.
Generated March I, 2007
Page 38
Town of Southold - Letter.
Board ~ting of February 27, 2007
(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 such expenditures made on or before such effective date if the Town Board has
made a prior declaration of intent to issue indebtedness therefor. 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 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 bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 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, and as to executing credit enhancement
agreements, 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, or a summary thereof, 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.
Generated March I, 2007
Page 39
Town of Southold - Letter.
Board feting of February 27, 2007
Section 7. This bond resolution shall take effect immediately, and the Town
Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, 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
"THE SUFFOLK TIMES," a newspaper having a general circulation in the Town and hereby
designated the official newspaper of said Town for such publication.
aa"~,a~-.:p..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William P. Edwards, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated March I, 2007
Page 40
.
.
LEGAL NOTICE
The resolution, a swnmary of which is published herewith, has been
adopted on the 27th day of February, 2007, 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 ofthe constitution.
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER,
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$278,000, APPROPRIATING SAID AMOUNT THEREFOR,
INCLUDING THE EXPENDITURE OF GRANT FUNDS
EXPECTED TO BE RECEIVED TO PAY A PART OF SAID
APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF
$278,000 BONDS TO FINANCE THE BALANCE OF SAID
APPROPRIATION
The object or purpose for which said bonds are authorized is the acquisition of an air
vacuum drain cleaner for use by the Town Highway Department.
The amount of obligations to be issued is $278,000.
The period of probable usefulness fifteen (15) years; however, the bonds authorized
pursuant to this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds, shall mature no later than five (5) years from the date of original
issuance of said bonds or notes.
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.
The bond resolution is dated February 27, 2007.
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 MARCH 8, 2007 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 Town Board Members
Comptroller Highway
Town Clerk's Bulletin Board
Town Attorney
Bond Counsel
.
.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being
duly sworn, says that on the -2- day of yY)~ ,2007, she affixed a
notice of which the annexed printed notice is a true 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.
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER
~h/41.Qu~~1ij
lizabeth A. NeVI Ie
Southold Town Clerk
Sworn before me this
~"YOf ~'~OO7
~PUbliC
LYNDA M. BDHN
NOTARY PUBLIC. State of New York
No. 01 B06020932
Qualified in Suffolk County
Term Expires March 6, 20 l.L
.
.
(212) 820-9662
February 21,2007
Town of Southold, New York
$excavator Serial Bonds for Air Vacuum Drain Cleaner
(Our File Designation: 2615/ )
John Cushman
Town Comptroller
Town of South old
53095 Main Road
Southold, 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 February 27th, 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 obtain and forward to me a certified copy of the Extract of Minutes and an
original Affidavit of Publication with respect to the summary of the bond resolution.
With best regards, I am
Very truly yours,
Robert P. Smith
RPS/ml
Enclosures
517954.1001098 RES
.
.
;
EXTRACT OF MINUTES
Meeting ofthe Town Board of the Town of Southold,
in the County of Suffolk, New York
February 27,2007
*
*
*
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
o'clock P.M., on February 27, 2007.
There were present:
Hon. Scott A. Russell, Supervisor; and
Board Members:
There were absent:
Also present:
Elizabeth A. Neville, Town Clerk
Patricia Finnegan, Town Attorney
John A. Cushman, Town Comptroller
*
*
*
nffprpn t'hp f(l11rnv1no ff-''<"hlt1011 ::Inn moved 1t~
adoption:
517954.1001098 RES
.
.
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $278,000,
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF GRANT FUNDS EXPECTED TO BE RECEIVED
TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING
THE ISSUANCE OF $278,000 BONDS TO FINANCE THE BALANCE
OF 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 the "Town"), is hereby authorized to acquire an air vacuum drain cleaner for use by the
Town Highway Department. The estimated maximum cost thereof, including preliminary costs
and costs incidental thereto and the financing thereof, is $278,000 and said amount is hereby
appropriated therefor. The plan of financing includes the issuance of $278,000 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. Any funds received from the United States of America, the State
of New York and/or any other source are authorized to be applied towards the cost of said object
or purpose or redemption of the Town's bonds or notes issued therefor, or to be budgeted as an
offset to the taxes for the payment of the principal of and interest on said bonds or notes.
517954.1 001098 RES
.
.
Section 2. Serial bonds of the Town in the principal amount of $278,000 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 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 purpose for which said
serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law,
is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five
(5) years from the date of original issuance of said bonds or notes.
(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 such expenditures made on or before such effective date if the Town Board has
made a prior declaration of intent to issue indebtedness therefor. 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 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
517954.1001098 RES
.
.
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 bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 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, and as to executing credit enhancement
agreements, are hereby delegated to the Supervisor, the chief fiscal officer ofthe 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 shonld be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially
complied with,
517954.1 001098 RES
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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, and the Town
Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, 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
"THE SUFFOLK TIMES," a newspaper having a general circulation in the Town and hereby
designated the official newspaper of said Town for such publication.
* * *
517954.1001098 RES
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The adoption of the foregoing resolution was seconded by
and duly put to a vote on roll call, which resulted as follows:
AYES:
NOES:
The resolution was declared adopted.
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Exhibit "A"
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $278,000,
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF GRANT FUNDS EXPECTED TO BE RECEIVED
TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING
THE ISSUANCE OF $278,000 BONDS TO FINANCE THE BALANCE
OF SAID APPROPRIATION
The object or purpose for which the bonds are authorized is to acquire an air vacuum drain
cleaner for use by the Highway Department.
The period of usefulness is fifteen (15) years; however, the bonds authorized pursuant to this
resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall
mature no later than five (5) years from the date of original issuance of said bonds or notes.
The amount of obligations to be issued is $278,000.
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.
The bond resolution was adopted on February 27,2007.
517954.1001098 RES
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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 February 27, 2007, 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 February, 2007.
(SEAL)
Town Clerk
517954.1 001098 RES
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(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 27th day of February, 2007, 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 ofthe constitution.
ELIZABETH A. NEVILLE
Town Clerk
517954.1 001098 RES
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BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED FEBRUARY 27, 2007, AUTHORIZING THE
ACQUISITION OF AN AIR VACUUM DRAIN CLEANER, STATING
THE ESTIMATED MAXIMUM COST THEREOF IS $278,000,
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF GRANT FUNDS EXPECTED TO BE RECEIVED
TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING
THE ISSUANCE OF $278,000 BONDS TO FINANCE THE BALANCE
OF SAID APPROPRIATION
The object or purpose for which said bonds are authorized is the acquisition of an air vacuum
drain cleaner for use by the Town Highway Department.
The amount of obligations to be issued is $278,000.
The period of probable usefulness fifteen (15) years; however, the bonds authorized pursuant to
this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds,
shall mature no later than five (5) years from the date of original issuance of said bonds or notes.
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.
The bond resolution is dated February 27,2007.
517954.1001098 RES