Loading...
HomeMy WebLinkAboutHighway Truck 01°1 OFR ir ELIZABETH A.NEVILLE,MMC 11& VITown Hall,53095 Main Road TOWN CLERK P.O.Box 1179 * ' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 • MARRIAGE OFFICER '*^" r0 At, /14 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER = �Q 'rills www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,��,,,,,/t OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 7, 2014 Town of Southold,New York Bond Resolution for Acquisition of Dump/Plow/Sanding Truck (Our File Designation: 2615/38232) Mr. Robert P. Smith Hawkins, Delafield& Wood, LLP One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed find the following documents related to the above referenced bond. 1. Certified resolution adopting the Bond 2. Extract of Minutes 3. Certification of Extract of Minutes 4. Copy of the Notice that will appear in the Suffolk Times on June 26, 2014 5. Affidavit of Posting 6. Affidavit of Publication Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours TitAciL. Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney Southold Town Board- Letter Board Meeting of June 17, 2014 0, 3 `r`°, RESOLUTION 2014-566 Item# 5.48 j`"3 ADOPTED DOC ID: 9921 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2014-566 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 17,2014: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING. THE. ACQUISITION OF A COMBINATION DUMP/PLOW/SANDING TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMA I'ED MAXIMUM COST THEREOF IS $185,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS. IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $185,000 TO FINANCE 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 a combination dump/plow/sanding truck,for use by the Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof; is $185,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $185,000 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. Section 2. Bonds of the Town in the principal amount of not to exceed $185,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which the said $185,000 bonds are authorized to be issued, is five years or longer; 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 after 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. The foregoing statement of intent with respect to reimbursement is made in Generated June 20, 2014 Page 62 Southold Town Board - Letter Board Meeting of June 17, 2014 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 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 a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and(b)-the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and 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-'arid -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 contracts for credit enhancements and providing for substantially level or declining annual debt'service, 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 a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice;attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times; " a newspaper published in Southold, New York, having a general circulation in the Town and:hereby designated the official newspaper of said Town for such publication. EXHIBIT A LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on June 17, 2014 and the validity of the obligations authorized by such resolution may be hereafter contested only Generated June 20, 2014 Page 63 Southold Town Board -Letter Board Meeting of June 17, 2014 if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A.NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE ACQUISITION OF A COMBINATION DUMP/PLOW/SANDING TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $185,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $185,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a combination dump/plow/sanding truck for use by the Highway Department, at the estimated maximum cost of $185,000. The amount of obligations to be issued is not to exceed $185,000. The period of probable usefulness applicable for which said $185,000 serial bonds are authorized is five years or longer; however, the bonds and any bond anticipation notes issued for such purposes shall mature no later than five (5) years after the date of original issuance. 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. The bond resolution was adopted on June 17, 2014. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 20, 2014 Page 64 is EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York June 17, 2014 * * * 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, on June 17, 2014. There were present: Hon. Scott A. Russell, Supervisor; and Councilpersons: Councilman James Dinizio, Jr Councilman William P. Ruland Councilman Bob Ghosio Councilwoman Jill Doherty Justice Louisa Evans There were absent: None Also present: Elizabeth A. Neville, Town Clerk Martin D. Finnegan, Town Attorney * * * Councilman James Dinizio, Jr offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE ACQUISITION OF A COMBINATION DUMP/PLOW/SANDING TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $185,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $185,000 TO FINANCE 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 a combination dump/plow/sanding truck for use by the Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $185,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $185,000 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. Section 2. Bonds of the Town in the principal amount of not to exceed $185,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which the said $185,000 bonds are authorized to be issued, is five years or longer; 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 after 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. 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 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 a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and 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 contracts for credit enhancements and providing for substantially level or declining annual debt service, 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 a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * * The adoption of the foregoing resolution was seconded by Justice Louisa Evans and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Scott A. Russell, Supervisor; and Councilman James Dinizio, Jr Councilman William P. Ruland Councilman Bob Ghosio Councilwoman Jill Doherty Justice Louisa Evans NOES: None ******** EXHIBIT A LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on June 17, 2014 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE ACQUISITION OF A COMBINATION DUMP/PLOW/SANDING TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $185,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $185,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a combination dump/plow/sanding truck for use by the Highway Department, at the estimated maximum cost of$185,000. The amount of obligations to be issued is not to exceed $185,000. The period of probable usefulness applicable for which said $185,000 serial bonds are authorized is five years or longer; however, the bonds and any bond anticipation notes issued for such purposes shall mature no later than five (5) years after the date of original issuance. 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. The bond resolution was adopted on June 17, 2014. #11761 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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) successfully commencing on the 26th day of June, 2014. .y//eA•1-`-'2 Principal Clerk Sworn to before me this . 0 day ofs 2014. LEGAL NOTICE The resolution,a summary of which is published herewith,has been adopted on June 17,2014 and the validity_of the ob- HRISTINA VOLINSI<9 ligations authorized by such resolution may be hereafter contested only if such. I NOTARY PUBLIC-STATE OF NEW YORK obligations were authorized for an object i No. 01V06105050 or purpose for which the Town of South- QUOlifl@d In Suffolk County old,in the County of Suffolk,New York, is not authorized to expend money or if My Commission Expires February 28, 2016 the provisions of law which should have been complied with as of the date of pub- I lication of this Notice were not substan- tially complied with,and an action,suit or proceeding contesting such validity is commenced within twenty days after the pubhcation of this Notice,or such obhga- tions were authorized in violation of the provisions of the constitution. ELIZABETH A.NEVILLE Town Clerk ' BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK, ADOPTED JUNE 17,2014,AUTHO- anttcipation notes issuedcFor such purr` poses shall mature no later than five(5) '; years after the date of original issuance A complete copy of the bond resolu- tion summarized above shall be avail- able for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street,Southold,New York. The bond resolution was adopted on June 17,2014. 11761-1T 6/26 LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on June 17, 2014 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE ACQUISITION OF A COMBINATION DUMP/PLOW/SANDING TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $185,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $185,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a combination dump/plow/sanding truck for use by the Highway Department, at the estimated maximum cost of $185,000. The amount of obligations to be issued is not to exceed $185,000. The period of probable usefulness applicable for which said $185,000 serial bonds are authorized is five years or longer; however, the bonds and any bond anticipation notes issued for such purposes shall mature no later than five (5) years after the date of original issuance. 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. The bond resolution was adopted on June 17, 2014. Please publish in the June 26, 2014 edition of the Suffolk Times and forward three (3) affidavits of publication to the Southold Town Clerks Office. Copies To The Following: Town Attorney Town Board Comptroller Bond Council Bond File Town Clerk Bulletin Board 2346840 1 001098 FILE CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on June 17, 2014, 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 17th day of June, 2014. (SEAL) ' ✓� / ITown Clerk AFFIDAVIT OF POSTING STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, State of New York; That on June 18, 2014, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on June 17, 2014, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. �; / / 1—neA,,,,ceL. �. 40 Town Clerk Subscribed and sworn to before me this 18th day of June, 2014. PLLS40--- Not ry Public, State of New York LYNDA M. RUDDER Notary Public, State of New York No. 01RU6020932 Qualified in Suffolk County Commission Expires March 8,20 IS Rudder, Lynda From: Reisenberg, Lloyd Sent: Tuesday, June 24, 2014 2:09 PM To: Rudder, Lynda Subject: RE: LEGAL NOTICE.docx Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold,New York www.southoldtownny.qov lloydr(aisoutholdtownny.qov 0: 631-765-1891 1 M:631-879-1554 1 F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Tuesday, June 24, 2014 10:46 AM To: Reisenberg, Lloyd Subject: LEGAL NOTICE.docx Please replace the one I sent Friday with this one there was a typo. Highway Truck bond • 1 Rudder, Lynda From: Candice Schott <cschott@timesreview.com> Sent: Monday, June 23, 2014 10:33 AM To: Rudder, Lynda Subject: Re:for publication 6/26 Both notices are set to run in the 6/26 edition. Have a great week! From: <Rudder>, Lynda <lynda.rudder@town.southold.ny.us> Date: Monday,June 23, 2014 10:19 AM To:Jim Dinizio <iim@jamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman@town.southold.ny.us>, "Doherty,Jill" <iill.doherty@town.southold.ny.us>, "Finnegan, Martin" . <martin.finnegan@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, "Kiely, Stephen" <stephen.kiely@town.southold.nv.us>, "Krauza, Lynne" <lynne.krauza@town.southold.nv.us>, Louisa Evans <Ipevans06390(a gmail.com>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell,Scott" <Scott.Russell@town.southold.nv.us>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>,Times Review<tdoubrava@timesreview.com>,William Ruland <rulandfarm@yahoo.com> Subject:for publication 6/26 Please publish in the June 26 edition of the Suffolk Times and the Town website 1 Rudder, Lynda From: Rudder, Lynda Sent: Monday,June 23, 2014 10:19 AM To: (jim@jamesdinizio.com); Beltz, Phillip; Cushman,John; Doherty,Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Tracey Doubrava (tdoubrava@timesreview.com);William Ruland Subject: for publication 6/26 Attachments: notice 1.docx; LEGAL NOTICE.docx Tracking: Recipient Delivery Read (jim@jamesdinizio.com) Beltz, Phillip Delivered:6/23/2014 1019 AM Cushman,John Delivered:6/23/2014 10:19 AM Doherty,Jill Delivered.6/23/2014 1019 AM Finnegan,Martin Delivered:6/23/2014 10:19 AM Ghosio,Bob Kiely,Stephen Delivered.6/23/2014 10:19 AM Krauza,Lynne Delivered.6/23/2014 10.19 AM Read:6/23/2014 10.20 AM Louisa Evans Reisenberg,Lloyd Delivered:6/23/2014 10:19 AM Russell,Scott Delivered:6/23/2014 10:19 AM Standish,Lauren Delivered:6/23/2014 10:19 AM Tomaszewski,Michelle Delivered.6/23/2014 10.19 AM Tracey Doubrava (tdoubrava@timesreview.com) William Ruland Please publish in the June 26 edition of the Suffolk Times and the Town website '1 • DELAFIELD&WOOD LLP (212) 820-9662 June 17, 2014 Town of Southold,New York Bond Resolution for Acquisition of Dump/Plow/Sanding Truck (Our File Designation: 2615/38232) John Cushman Town Comptroller Town of Southold 53095 Main Road Southold,New York 11971 Dear John: Pursuant to your request, I have prepared the attached Extract of Minutes of a Town Board meeting to be held this afternoon, showing adoption of the above bond resolution and providing for publication, in summary. Please note that adoption of the bond resolution requires at least a two-thirds vote of the entire membership of the Town Board, without taking into consideration any temporary vacancies. Therefore, four affirmative votes are required for adoption. Also enclosed is the Notice and summary form of the bond resolution to be published for estoppel purposes in the official Town newspaper. As you know, publication of the bond resolution, in summary, commences a 20-day statute of limitations period pursuant to the provisions of Section 80.00 et seq. of the Local Finance Law. Please obtain and forward to me a certified copy of the Extract of Minutes and an original Affidavit of Publication, when available. With best regards, I am Very truly yours, 14;i1/1?) /. Robert P. Smith RP Simi Enclosures cc: Martin D. Finnegan, Esq., Town Attorney 2346840 1 001098 FILE EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York June 17, 2014 * * * 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, on June 17, 2014. There were present: Scott A. Russell, Supervisor; and Councilpersons: There were absent: Also present: Elizabeth A. Neville, Town Clerk Martin D. Finnegan, Town Attorney John A. Cushman, Town Comptroller * * * offered the following resolution and moved its adoption: 23468401 001098 FILE BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE ACQUISITION OF A COMBINATION DUMP/PLOW/SANDING TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $185,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $185,000 TO FINANCE 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 a combination dump/plow/sanding truck for use by the Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $185,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $185,000 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. Section 2. Bonds of the Town in the principal amount of not to exceed $185,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, 2346840.1 001098 FILE constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which the said $185,000 bonds are authorized to be issued, is five years or longer; 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 after 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. 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 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 a general tax upon all the taxable real property within the Town. 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 23468401 001098 FILE amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and 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 contracts for credit enhancements and providing for substantially level or declining annual debt service, 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 a summary of this bond resolution, in 2346840 1 001098 FILE substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * * The adoption of the foregoing resolution was seconded by and duly put to a vote on roll call, which resulted as follows: AYES: NOES: The resolution was declared adopted. ******** 2346840 1 001098 FILE CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on June 17, 2014, 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 on this day of June, 2014. (SEAL) Town Clerk 2346840 1 001098 FILE EXHIBIT A LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on June 17, 2014 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE ACQUISITION OF A COMBINATION DUMP/PLOW/SANDING TRUCK FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $185,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $185,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition of a combination dump/plow/sanding truck for use by the Highway Department, at the estimated maximum cost of $185,000. The amount of obligations to be issued is not to exceed $185,000. The period of probable usefulness applicable for which said $185,000 serial bonds are authorized is five years or longer; however, the bonds and any bond anticipation notes issued for such purposes shall mature no later than five (5) years after the date of original issuance. 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. The bond resolution was adopted on June 17, 2014. 2346840 1 001098 FILE