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HomeMy WebLinkAboutTown Hall Annex NFB . DELAFIELD &WOODLLP PHONE (212) 820-9300 FAX (212) 514~a425 67 WALL STREET NEW YORK, NY 10005 WNW.HDW.COM 212-820-9416 Direct Facsimile: e-mail address: 212-820-9603 gfemandez@hdw.com $150,000 Serial Bond for Town Hall Annex File Designation 2615/027090 Ms. Lynda M. Bohn Deputy Town Clerk Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Ms. Bohn: . RECEIVED APR - 7 2004 NEW YORK WASHI NGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Southold Town Clerk April 1, 2004 Thank you for your letter dated March 23'd enclosing the Affidavit of Publication with respect to the summary of the Bond Resolution. This has been included in our records. With kind regards, I remain GFdfg Enclosure e 447993.I027040LTR . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDSMANAGEMENTOFnCER FREEDOM OF INFORMATION OFFICER . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 12, 2004 $150,000 Serial Bond for Town Hall Annex File Designation: 2615/027041 Mr. Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Mr. Fernandez: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net bond: Enclosed please find the following documentation pertaining to the above referenced I. Original Affidavit of Publication If there is anything else you require please feel free to contact me. Enc. Sincerely, -cA~ YV\B.O Lynda M Bohn Deputy Town Clerk . . DELAFIELD & WOOD LLP PHONE (212) 820-9300 FAX (212) 514-8425 67 WALL STREET NEW YORK, NY 10005 WWW.HDW.COM NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9603 E-mail: gfemandez@hdw.com March 17, 2004 Ms. Lynda M. Bohn Southold Deputy Town Clerk Town Hall P.O. Box 1179 Southo1d, New York 11971 Re: File No. 2615/027040 $150,000 Southold Town Hall Annex Serial Bonds Dear Ms. Bohn: Thank you for your letter dated March 3'd enclosing a certified copy of the minutes of the February 24th Town Board Meeting showing adoption of the Bond Resolution authorizing the above Serial Bonds together with a certified copy of the lease with North Fork Bank and a copy of the Notice to be published in "The Suffolk Times". Each of these proofs have been included in our files. When available, please send me an original Affidavit of Publication with respect to the above referenced notice. Thanking you and with kind regards, I remain , '<1' ' Gerard Fernandez, II. GF:dg 446877.1 027040 L TR #2956 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber 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 weeks successively, commencing on the 4th day of March , 2004, Sworn to before me this 2004 \ ~Vo~i O-:~~ f,~ / Principal Clerk J-j dayof ~ CHRISTINA VOLlNSKI NOTARY PUBLIC-STATE OF NEW YORK No, 0 ]-V061 05050 Qualified In Suffolk County - ommission Expires February 28. 2008 LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 24th day of February, 2004, 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 DOt sub- staotialIy complied with. aQd an action, suit or proceeding contesting such vud- ity is COIDIDIlQCed widrin twenty days after 1he ..... of po"" ,,~ of .... ROIiae._ .... nllllp4...s were autbo.. COST OF SAID RECONSTRUCTION AND IMPROVEMENTS IS $150,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERE- TO AND TO THE FINANCING THEREOF IN THE AMOUNT OF $18,403,60 AND APPROPRIATING SAID AMOUNT THEREFOR; AUTH- ORIZING THE ISSUANCE OF SERI- AL BONDS IN THE AGGREGATE AMOUNT OF $150,000 TO FINANCE SAID APPROPRIATIONS AND THE LEVY AND COLLBCTIONS OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. Object or purpose: to reconstruct, in part, the new Town Hall Annex ("Annex"), situate in the certain space occupied by the Town pursuant to the fifteen (15) year lease with the North Fork: Bank in its Building, 54375 Main Road, in the Town of Southold, includ- ing the -necessary furnishings, equip- ment, machinery and apparatus required for the purposes for which the Annex as so reconstructed is to be used and the resurfacing of the parking lot adjacent to the Annex as part of grading and improviac 1ho life _ appropriating ~d amount lberefor and (ii) at the esti- mated maximum cost of $58,596.40, to improve the conunnni.......",os system serving the Town as well as the Annex, inclUding, but not limited to, cabling Dated: . February 24, 2004 Southold, New York Elizabeth A. Neville Town Clerk 2956-1T M4 <<va ~a~l.'-'..I.-- I WO~.M81A"'Saw!l._1 --- ~- ___" __ __ ~_ r ___ . . EXTRACT OF MINUTES Meeting ofthe Town Board ofthe Town of South old, in the County of Suffolk, New York February 24, 2004 * * * 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, at 7:30 o'clock P.M., on February 24,2004. There were present: Hon. Joshua Y. Horton, Supervisor; and Councilpersons: Justice Louisa P. Evans Councilman William P. Edwards Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman John M. Romanelli There were absent: None Also present: Elizabeth A. Neville, Town Clerk Patricia A. Finnegan, Town Attorney * * * Councilman Daniel C. Ross offered the following resolution and moved its adoption: . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 24, 2004, AUTHORIZING (A), AT THE ESTIMATED MAXIMUM COST OF $73,000, THE RECONSTRUCTION, IN PART, OF THE NEW TOWN HALL ANNEX, IN SAID TOWN AND APPROPRIATING SAID AMOUNT THEREFOR; AND (B), AT THE ESTIMATED MAXIMUM COST OF $58,596.40, THE IMPROVEMENT OF THE COMMUNICATION SYSTEM SERVING THE TOWN AS WELL AS SAID ANNEX AND APPROPRIATING SAID AMOUNT THEREFOR; STATING THE ESTIMATED TOTAL COST OF SAID RECONSTRUCTION AND IMPROVEMENTS IS $150,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF IN THE AMOUNT OF $18,403.60 AND APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN THE AGGREGATE AMOUNT OF $150,000 TO FINANCE SAID APPROPRIATIONS AND THE LEVY AND COLLECTIONS OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. 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 its voting strength) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized (i), at the estimated maximum cost of $73,000, to reconstruct, in part, the new Town Hall Annex (hereinafter referred to as the "Annex") situate in the certain space occupied by the Town pursuant to the fifteen (15) year lease with the North Fork Bank in its building, 54375 Main Road, including purchase of the necessary furnishings, equipment, machinery and apparatus required for the purposes for which the Annex, as so reconstructed, is to be used and the resurfacing of the parking lot adjacent to the Annex as part of grading and improving the site and (ii), at the estimated maximum cost of $58,596.40, the improvement of the communications systems serving the Town as well as the Annex, including, . . but not limited to, cabling infrastructure for Voice and Data applications, Town Hall telephone system updates and changes and equipment appurtenant thereto. The estimated total cost of so reconstructing the Annex and improving the communications system, being the respective specific objects or purposes for which the serial bonds hereinafter authorized are to be issued is $150,000, including preliminary costs and costs incidental thereto and to the financing thereof (hereinafter referred to as the "Soft Costs) in the amount of $18,403.60 and the said amount of $18,403.60 is hereby appropriated therefor. The plan of financing said specific objects or purposes includes the issuance of serial bonds to finance said appropriations and the levy and collection of taxes 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 $150,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriations. Section 3. The following additional matters are hereby determined and declared: (a) (i) The period of probable usefulness applicable to the specific object or purpose for which $73,000 of said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12(2) of the Law, hereby determined to be five (5) years; (ii) the period of probable usefulness applicable to the specific object or purpose for which $58,596.40 of said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is hereby determined to be 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. 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 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 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 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 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 III violation of the provIsIOns of the constitution. Section 7. This bond resolution is shall take effect immediately. * * * . . The adoption ofthe foregoing resolution was seconded by Councilman Thomas H. Wickham and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Joshua Y. Horton, Supervisor Justice Louisa P. Evans Councilman William P. Edwards Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman John M. Romanelli NOES: None The resolution was declared adopted. ******** Councilman Daniel C. Ross offered the following resolution and moved its adoption: THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The Town Clerk is hereby directed to cause the bond resolution adopted next preceding this resolution to be published, in summary in "THE SUFFOLK TIMES", a newspaper published in Mattituck, in said Town and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Section 2. This resolution shall take effect immediately. * * * . . The adoption ofthe foregoing resolution was seconded by Councilman Thomas H. Wickham and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Joshua Y. Horton, Supervisor Justice Louisa P. Evans Councilman William P. Edwards Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman John M. Romanelli NOES: None The resolution was declared adopted. ******** . . 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 the Town of Southold duly called and held on February 24, 2004, 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 25th day of February, 2004. (SEAL) ~ztfO. 7(hA/'.{ . Town Clerk 444719.1 027041 RES . LEGAL NOTICE . The resolution, a summary of which is published herewith, has been adopted on the 24th day of February, 2004, 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 date of publication of the notice, or such obligations were authorized in violation ofthe provisions of the constitution. Elizabeth A. Neville Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 24, 2004, AUTHORIZING (A), AT THE ESTIMATED MAXIMUM COST OF $73,000, THE RECONSTRUCTION, IN PART, OF THE NEW TOWN HALL ANNEX, IN SAID TOWN AND APPROPRIATING SAID AMOUNT THEREFOR; AND (B), AT THE ESTIMATED MAXIMUM COST OF $58,596.40, THE IMPROVEMENT OF THE COMMUNICATION SYSTEM SERVING THE TOWN AS WELL AS SAID ANNEX AND APPROPRIATING SAID AMOUNT THEREFOR; STATING THE ESTIMATED TOTAL COST OF SAID RECONSTRUCTION AND IMPROVEMENTS IS $150,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF IN THE AMOUNT OF $18,403.60 AND APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN THE AGGREGATE AMOUNT OF $150,000 TO FINANCE SAID APPROPRIATIONS AND THE LEVY AND COLLECTIONS OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. Obj ect or purpose: to reconstruct, in part, the new Town Hall Annex ('Annex), situate in the certain space occupied by the Town pursuant to the fifteen (15) year lease with the North Fork Bank in its Building, 54375 Main Road, in the Town of South old, including the necessary furnishings, equipment, machinery and apparatus required for the purposes for which the Annex as so reconstructed is to be used and the resurfacing of the parking lot adjacent to the Annex as part of grading and improving the life and appropriating said amount therefore and (ii) at the estimated maximum cost of $58,596.40, to improve the communications system serving the Town as well as the Annex, including, but not limited to, cabling infrastructure per Voice and Data applications, Town Hall telephone system updated and changes and . Period of probable usefulness: Amount of obligations to be issued: equipment apparatus have t~d appropriating said amount therefore; stating the estimated total cost is $150,000, including preliminary costs and costs incidental thereto and to the financing thereof (Soft Costs) in the amount of $18,403.60 and appropriating said amount for the Soft Costs. five (5) years $150,000 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, at the Town Hall, 53095 Main Street, Southold, New York. Dated: February 24, 2004 Southold, New York Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON MARCH 4, 2004, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney John Cushman, Comptroller Hawkins, Delafield & Wood Town Clerk Bulletin Board . . 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 day of (Y\~. ,2004, 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. Bond for Town Hall Annex at North Fork Bank ~4r~.Q-u/~. lizabeth A. Nelle Southold Town Clerk Sworn before me this ---L- day of W\~ , 2004. ~~Ub~~ LYNDA M. BOHN NOTARY PUBLIC, Stale of New York No. 01 806020932 Oualified in Suffolk County Term Expires March 8, 20.u . . G cr:~'( 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 156 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24, 2004: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 24, 2004, AUTHORIZING (A), AT THE ESTIMATED MAXIMUM COST OF $73.000. THE RECONSTRUCTION. IN PART. OF THE NEW TOWN HALL ANNEX, IN SAID TOWN AND APPROPRIATING SAID AMOUNT THEREFOR; AND (B), AT THE ESTIMATED MAXIMUM COST OF $58,596.40, THE IMPROVEMENT OF THE COMMUNICATION SYSTEM SERVING THE TOWN AS WELL AS SAID ANNEX AND APPROPRIATING SAID AMOUNT THEREFOR; STATING THE ESTIMATED TOTAL COST OF SAID RECONSTRUCTION AND IMPROVEMENTS IS $150,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF IN THE AMOUNT OF $18,403.60 AND APPROPRIATING SAID AMOUNT THEREFOR; AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN THE AGGREGATE AMOUNT OF $150,000 TO FINANCE SAID APPROPRIATIONS AND THE LEVY AND COLLECTIONS OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS. 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 its voting strength) AS FOLLOWS: . . The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized (i), at the estimated maximum cost of $73,000, to reconstruct, in part, the new Town Hall Annex (hereinafter referred to as the "Annex") situate in the certain space occupied by the Town pursuant to the fifteen (15) year lease with the North Fork Bank in its building, 54375 Main Road, including purchase of the necessary furnishings, equipment, machinery and apparatus required for the purposes for which the Annex, as so reconstructed, is to be used and the resurfacing of the parking lot adjacent to the Annex as part of grading and improving the site and (ii), at the estimated maximum cost of$58,596.40, the improvement of the communications systems serving the Town as well as the Annex, including, but not limited to, cabling infrastructure for Voice and Data applications, Town Hall telephone system updates and changes and equipment appurtenant thereto. The estimated total cost of so reconstructing the Annex and improving the communications system, being the respective specific objects or purposes for which the serial bonds hereinafter authorized are to be issued is $150,000, including preliminary costs and costs incidental thereto and to the financing thereof (hereinafter referred to as the "Soft Costs) in the amount of$18,403.60 and the said amount of$18,403.60 is hereby appropriated therefor. The plan of financing said specific objects or purposes includes the issuance of serial bonds to finance said appropriations and the levy and collection of taxes 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$150,000 are hereby authorized to be issued pursuant to the provisions ofthe Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriations. The following additional matters are hereby determined and declared: (i) The period of probable usefulness applicable to the specific object or purpose for which $73,000 of said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12(2) of the Law, hereby determined to be five (5) years; (ii) the period of probable usefulness applicable to the specific object or purpose for which $58,596.40 of said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is hereby determined to be 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 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. 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. 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 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 thereofto 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 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 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 ofthe 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, 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 such obligations are authorized in violation of the provisions of the constitution. This bond resolution is shall take effect immediately. * * * THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The Town Clerk is hereby directed to cause the bond resolution adopted next preceding this resolution to be published, in summary in "THE SUFFOLK TIMES", a newspaper published in Mattituck, in said Town and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. This resolution shall take effect immediately. * * * Pt~_I~a2f~tJ... Elizabeth A. Neville Southold Town Clerk . . DELAFIELD & WOOD LLP -2C 20:2/ '" PHONE (212) 820-9300 FAX (212) 514-8425 67 WALL STREET NEW YORK, NY 10005 WWW.HDW.CQM NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCiSCO Telephone: (212) 820-9416 Facsimile: (212) 820-9603 E-mail addressgfernandez@hdw.com February 18,2004 Town of South old, New York $150,000 Serial Bonds for Town Hall Annex and Communications Equipment (Our File Designation 2615/027041) Mr John A. Cushman Town Comptroller Town of South old Feather Hill, Building 10 620 Traveller Street Southold, New York 11971-0959 Dear John: Thank you for your "FAX" message on February 5th and your subsequent telephone calls concerning the above referenced Bonds. Pursuant to your request, I have prepared and enclose herewith the draft Extract of Minutes of the Town Board meeting to be held on February 24, 2004, showing adoption of the above bond resolution and the resolution for its publication, in summary, together with the statutory form of notice, in the official Town newspaper, "The Suffolk Times". Please note that the bond resolution is to be adopted by at least a two-thirds vote of the entire membership of the Board of Trustees. In addition, I have enclosed extra copies of the bond resolution, in summary, together with the statutory form of notice for your convenience in publishing. You will recall that publication of the summary of the bond resolution with such notice, as herein prescribed, commences a 20-day period of limitation to contest the resolution on other than a constitutional basis; a constitutional challenge may be commenced at any time 444719.1027041 RES . . Please obtain and forward to me a certified copy of the Extract of Minutes and an original Affidavit of Publication, when available. Thanking you and with kind regards, I remain ... S incerel Ge GF, Jr./dfg Enclosures 444719.1027041 RES