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HomeMy WebLinkAboutBay Avenue Bridge ,,,iii,. oiii uIFFocit 0® ELIZABETH A.NEVILLE,MMC • Town Hall,53095 Main Road TOWN CLERK � ° P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • *_ ':� Fax Fax(631)765-6145 • MARRIAGE OFFICER `�441 ' 14` �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER "..1 •A`�® �� �•'� FREEDOM OF INFORMATION OFFICER , ,.�� www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 6, 2014 Town of Southold, New York $800,000 Serial Bonds for Bay Avenue Bridge (Your File Designation: 2615/ ) 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. Affidavit of Publication Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours j4144.In> Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney JP" , #11789 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 24th day of July, 2014. 9///z.t.. ----- ' Principal Clerk di Sworn to before me this gi day of 1L_._Ab 2014. LEGAL NOTICE —, 0...../L------ The resolution,a summary of which is published herewith,has been adopted on CHRISTINA VOLINSKI the 17th day of June,2014,and an abstract thereof has been published and posted as NOTARY PUBLIC-STATE OF NEW YORK required by law and the penod of time has No. 01 V06105050 elapsed for the submission and filing of a Qualified (� Suffolk County petition fora permissive referendum and a valid petition has not been submitted and i My Commission Expires February 28, 2016 filed.The validity of the obligations autho- rized by such resolution may be hereafter ' contested only if such obligations were au- ' thonzed for an object or purpose for which the Town of Southold,m the County of Suf- folk,New York,is not authorized to expend money or if the provisions of law which should have been comphed with as of the date of publication of this notice were not substantially complied with,and an action, suit or proceeding contestmg such validity is commenced within twenty days after the date of pubhcation of the notice,or such ob- hgations were,authonzed m violation of the provisions of the constitution. ELIZABETH A.NEVILLE Town Clerk ' BOND RESOLUTION OF THE TOWN OFSOUTHOLD,NEWYORK,AD- I OPTED JUNE 17,2014,AUTHORIZ- ; ING THE REPLACEMENT OF THE BAY AVENUE BRIDGE,STATING. THE ESTIMATED MAXIMUM COST THEREOF IS$800,000,APPROPRI- ATING SAID AMOUNT FOR SUCH PURPOSE,AND AUTHORIZING THE ISSUANCE OF BONDS INTHE PRINCIPAL AMOUNT OF NOT TO ' EXCEED$800,000 TO FINANCE SAID APPROPRIATION The objects or purposes for which the ' bond are-authorized is the replacement of the Bay Avenue Bridge;at the estimated maximum cost of$800,000. ' The maximum amount of obligations authorized to be issued is$800,000 The-penod of probable usefulness is twenty(20)years. - - A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk,at the Town Hall,53095 Main Street,South- n1A NP„r Vnrk Rudder, Lynda From: Reisenberg, Lloyd Sent: Thursday,July 17, 2014 12:53 PM To: Rudder, Lynda Subject: RE:for publication Posted Lloyd Fl. Reisenberg Network and Systems Administrator Town of Southold,New York www.southoldtownny.qov IloydrCWsoutholdtownny.qov 0: 631-765-1891 ) M:631-879-15541 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: Thursday, July 17, 2014 9:40 AM To: Jim Dinizio; 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 Please publish in the 7/24 edition of the Suffolk Times and on the Town website STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 17th day of July , 2014, 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 Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. Bay Avenue Bridge Bond—Notice 2 lizabeth A. Neville Southold Town Clerk Sworn before me this 17th day of July , 2014.' 'd-C.,L_,AS-12----- tblic Y LYNDA M RUDDER Notary Public, State of New York No. 01RU6020932 Qualified in Suffolk County Commission Expires March 8, 20 i� ELIZABETH A.NEVILLE,MMC 1�$®�., ®�� Town Hall,53095 Main Road TOWN CLERK % ® * P.O.Box 1179 " =, , sv.; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax Fax(631)765-6145 MARRIAGE OFFICER ®"" , ®�' �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER .Q 1//d.� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 17, 2014 Town of Southold, New York $800,000 Serial Bonds for Bay Avenue Bridge (Your File Designation: 2615/ ) 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. Copy of the Notice that will appear in the Suffolk Times on July 24, 2014 2. Affidavit of Posting 3. Certificate of No Referendum Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours CX(141-14- Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney NOTICE The resolution, a summary of which is published herewith, has been adopted on the 17th day of June, 2014, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 TO FINANCE SAID APPROPRIATION The objects or purposes for which the bond are authorized is the replacement of the Bay Avenue Bridge; at the estimated maximum cost of$800,000. The maximum amount of obligations authorized to be issued is $800,000. The period of probable usefulness is twenty (20) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. Please publish in the July 24, 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 CERTIFICATE OF NO REFERENDUM I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That a resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted June 17, 2014, authorizing the replacement of the Bay Avenue Bridge, stating the estimated maximum cost thereof is $800,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $800,000 to finance said appropriation," was adopted June 17, 2014, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time since said adoption. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 17th day of July, 2014. C1-11;12.6&40..Y22444114, (SEAL) Town Clerk Xtid . DELAFIELD&WOOD LLP PHONE NEW YORK FAX WASHINGTON NEWARK HARTFORD (212) 820-9662 July 11, 2014 LOS ANGELES SACRAMENTO SAN FRANCISCO Town of Southold,New York PORTLAND $800,000 Bonds for Bay Avenue Bridge (Our File Designation: 2615/38723) Martin D. Finnegan, Esq. Town Attorney Town of Southold P.O. Box 1179 Southold,New York 11971 Dear Martin: The bond resolution authorizing the above bonds takes effect thirty (30) days after its adoption and is to be published, in summary, in the official newspaper together with a statutory form of notice thereby commencing a 20-day statute of limitations period pursuant to the provisions of Section 80.00 et seq. of the Local Finance Law. With reference thereto, I have prepared and enclose herewith the following: (a) Certificate of No Referendum (b) Notice and Summary of the bond resolution in readiness for publication. Please do not hesitate to call if you have any questions regarding the enclosed documents. Kindly send me an executed copy of the Certificate of No Referendum and an original Affidavit of Publication, when available. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosures cc: John A. Cushman, Town Comptroller CERTIFICATE OF NO REFERENDUM I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That a resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted June 17, 2014, authorizing the replacement of the Bay Avenue Bridge, stating the estimated maximum cost thereof is $800,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $800,000 to finance said appropriation," was adopted June 17, 2014, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time since said adoption. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this day of July, 2014. (SEAL) Town Clerk NOTICE The resolution, a summary of which is published herewith, has been adopted on the 17th day of June, 2014, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 TO FINANCE SAID APPROPRIATION The objects or purposes for which the bond are authorized is the replacement of the Bay Avenue Bridge; at the estimated maximum cost of$800,000. The maximum amount of obligations authorized to be issued is $800,000. The period of probable usefulness is twenty (20) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. sill%St6F9Li , .' ® C'®% ELIZABETH A. NEVILLE,MMC 01°0��, ,v .q `t Town Hall, 53095 Main Road TOWN CLERK t = = .� P.O.Box 1179 4 : °, o t Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ��o� ,� S�� Fax(631)765-6145 MARRIAGE OFFICER It.4 =.1... :A.4"�®,° ," Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER l 4�0. www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,,,,,,,9' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 7, 2014 Town of Southold, New York $800,000 Serial Bonds for Bay Avenue Bridge (Your File Designation: 2615/ ) 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. SEQRA 7. Affidavit of Publication Please do not hesitate to call me if you require anything else for your records at this time. td„........ Very truly your, JLIA"CLIM\ Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney 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 18th day of June, 2014. (SEAL) / , i ,Jr / 2na4.11 Town 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'; . /Q. . Town Clerk Subscribed and sworn to before me this 18th day of June, 2014. L 1(l'1 r dk-1425",- Notary' Public, State of New York LYNDA M RUDDER Notary Public,State of New York No. 01 RU6020932 Qualified in Suffolk County S Commission Expires March 8, 20 Southold Town Board - Letter Board Meeting of June 17, 2014 koRESOLUTION 2014-557 Item# 5.39 �T °N+ ADOPTED DOC ID: 9908 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-557 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 17, 2014: RESOLVED that the Town Board of the Town of Southold hereby determines that the Bay Avenue Bridge Project is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is exempt from LWRP review pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 20, 2014 Page 53 TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on June 17, 2014, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted June 17, 2014, authorizing the replacement of the Bay Avenue Bridge, stating the estimated maximum cost thereof is $800,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $800,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to replace the Bay Avenue Bridge; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $800,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $800,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $800,000 bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (20) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II action and no further environmental review is required; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: June 17, 2014 Elizabeth A. Neville Town Clerk 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 r 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 William P. Ruland offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 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 replace the Bay Avenue Bridge. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $800,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $800,000 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 $800,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"),to finance said appropriation. r Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 10 of the Law, is twenty (20) 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 purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) 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 determined that the project described in Section 1 hereof is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617, and no further environmental review is required pursuant to SEQRA. 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. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 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 the execution of agreements for credit enhancements, 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 i (b) the provisions of law which should be complied with at the date of 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 is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on June 17, 2014, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted June 17, 2014, authorizing the replacement of the Bay Avenue Bridge, stating the estimated maximum cost thereof is $800,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $800,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to replace the Bay Avenue Bridge; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $800,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $800,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of$800,000 bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (20) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II action and no further environmental review is required; f '. FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: June 17, 2014 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, 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. * * * 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 The resolution was declared adopted. ******** EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 17th day of June, 2014, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. v ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 TO FINANCE SAID APPROPRIATION The objects or purposes for which the bonds are authorized is the replacement of the Bay Avenue Bridge; at the estimated maximum cost of$800,000 The maximum amount of obligations authorized to be issued is $800,000. The period of probable usefulness is twenty (20) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. Southold Town Board -Letter Board Meeting of June 17, 2014 iorz-zx RESOLUTION 2014-553 Item# 5.35 (o 0:0 aADOPTED DOC ID: 9904 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-553 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 REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 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 replace the Bay Avenue Bridge. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof; is $800,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $800,000 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 $800,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 10 of the Law, is twenty (20) 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 purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Generated June 20, 2014 Page 46 Southold Town Board - Letter Board Meeting of June 17, 2014 (d) 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 deteiinined that the project described in Section 1 hereof is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617, and no further environmental review is required pursuant to SEQRA. 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. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b)the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section -21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 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 the execution of agreements for credit enhancements, 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 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 is subject to a peiniissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: Generated June 20, 2014 Page 47 i Southold Town Board - Letter Board Meeting of June 17, 2014 TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on June 17, 2014, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted June 17, 2014, authorizing the replacement of the Bay Avenue Bridge, stating the estimated maximum cost thereof is $800,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $800,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to replace the Bay Avenue Bridge; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $800,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $800,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $800,000 bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (20) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II action and no further environmental review is required; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: June 17, 2014 Elizabeth A.Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, Generated June 20, 2014 Page 48 Southold Town Board - Letter Board Meeting of June 17, 2014 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. * * * EXHIBIT A NOTICE The resolution, a summary of which-is published,herewith,-has been adopted.on the 17th day of June, 2014, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 TO FINANCE SAID,APPROPRIATION The objects or purposes for which the bonds are authorized is the replacement of the Bay Avenue Bridge; at the estimated maximum cost of$800,000 The maximum amount of obligations authorized to be issued is $800,000. The period of probable usefulness is twenty (20) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. afizas4Q4„,,W„. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 20, 2014 Page 49 #11760 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. , cam--- 7&`-(-11 Principal Clerk Sworn to before me this ao day of 2014. / LEGAL NOTICE`-- -- • - TOWN OFNEWYSOORKU KHOLD, PLEASE TAKE NOTICE that on June-17,2014,the Town Board of the ISTINA VOLINSKI Town of Southold,in the County of Suf- NOTARY PUBLIC-STATE OF NEW YORK folk,New York,adopted a bond resolu- tion entitled I No. 01V06105050 "Bond Resolution of the Town of I Qualified In Suffolk County Southold, New York, adopted June IMy Commission Expires February 28, 2016 17, 2014, authorizing the'replacement of the Bay Avenue Bridge,stating the ' estimated maximum cost—thereof is $800,000,appropriating said amount for such purpose,and authofizing the issu- , ance of bonds in the principal amount -ao -„Ke $ 00_to finance 1ther environmental review is req d FOURTH: DETERMINING that I _f said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said_bond T'nticipation notes shall be general ob- ligattions of the Town;and PLEDGING to their payment the faith and credit of the Town; - FIFTH: DELEGATING to the Su- 1 Ps anoer of said bondsnd and duany bond aies as to n ticipation notes issued in anticipation of , I said bonds,or the renewals thereof;and SIXTH: DETERMINING that the i bond resolution is"subject to a perms- ' sive referendum DATED:June 17,2014 Elizabeth A.Neville 1 11760-1T 6/26 Town Clerk I � / ��/�- ��/ ®� ®� _ MAILING ADDRESS: OFFICE LOCATION: oiA � .� -- ® ' Town Hall Annex P.O.Box 1179 54375 State Route 25 � Southold NY 11971 (cor.Main Rd. &Youngs Ave.) <_ _.s,r fit Telephone: 631 765-1938 Southold, NY 11971 �,><r a/ Fax: 631 765-3136 _ N,p q�y1 .° tos 01' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED JUN 1172O11 To: Supervisor Scott Russell Town of Southold Town Board Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: June 16, 2014 Re: Local Waterfront Revitalization Coastal Consistency Review of Bond Resolution of the Town of Southold, New York, Authorizing the Bay Avenue Bridge Replacement. The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards/ Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP coastal consistency review pursuant to Section 268-3 (M) which states: M. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Xtztoi • DELAFIELD&WOOD LLP PHONE NEW YORK FAX WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO (212) 820-9662 June 13, 2014 SAN FRANCISCO PORTLAND Town of Southold,New York $800,000 Bonds for Bay Avenue Bridge (Our File Designation: 2615/ ) Martin D. Finnegan, Esq. Town Attorney Town of Southold P.O. Box 1179 Southold, New York 11971 Dear Martin: Pursuant to John Cushman's request, I have prepared the attached Extract of Minutes of a Town Board meeting to be held June 17, 2014, showing adoption of the above bond resolution. Please note that the bond resolution is to be adopted by at least a two-thirds vote of the entire membership of the Town Board, without taking into consideration any temporary vacancies. Section 7 of the bond resolution contains the form of Notice of Permissive Referendum to be published in the official Town newspaper and posted on the sign board of the Town maintained pursuant to the Town Law within ten (10) days after adoption of the bond resolution. Also attached is the Affidavit of Posting to be executed by the Town Clerk. A copy of the Notice, as posted, should be attached to this Affidavit. Please obtain and forward to me a certified copy of the Extract of Minutes, an executed Affidavit of Posting and an original Affidavit of Publication. Upon receipt of same, we will forward the additional documents required with respect to the final estoppel publication of the resolution. With best regards, I am Very truly yours, 'F ' •(. /• / Robert P. Smith RPS/ml Enclosures cc: John A. Cushman, Town Comptroller 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 Councilmen: 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: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 17, 2014, AUTHORIZING THE REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 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 replace the Bay Avenue Bridge. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $800,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $800,000 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 $800,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 10 of the Law, is twenty (20) 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 purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) 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 determined that the project described in Section 1 hereof is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617, and no further environmental review is required pursuant to SEQRA. 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. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 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 the execution of agreements for credit enhancements, 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 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 is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on June 17, 2014, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted June 17, 2014, authorizing the replacement of the Bay Avenue Bridge, stating the estimated maximum cost thereof is $800,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $800,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to replace the Bay Avenue Bridge; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $800,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $800,000 bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $800,000 bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (20) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II action and no further environmental review is required; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: June 17, 2014 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, 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. * * * 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. ******** EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 17th day of June, 2014, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 REPLACEMENT OF THE BAY AVENUE BRIDGE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $800,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $800,000 TO FINANCE SAID APPROPRIATION The objects or purposes for which the bonds are authorized is the replacement of the Bay Avenue Bridge; at the estimated maximum cost of$800,000 The maximum amount of obligations authorized to be issued is $800,000. The period of probable usefulness is twenty (20) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. 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) Town 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 , 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. Town Clerk Subscribed and sworn to before me this day of June, 2014. Notary Public, State of New York