HomeMy WebLinkAboutTown Hall Annex NFB
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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
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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 ___
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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
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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
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.
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
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NEW YORK, NY 10005
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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