Loading...
HomeMy WebLinkAboutHighway Facilities ELIZABETH A. NEVILLE,MMC l��,.��� ':fir. �4 Town Hall,53095 Main Road TOWN CLERK I o '`' . P.O.Box 1179 N r :; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; f' ys$ Fax(631)765-6145 MARRIAGE OFFICER ? *.° ' Ot' 11 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER = O..( Ito' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ..,,,,...•' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 13, 2016 Town of Southold, New York Amending Bond Resolution for Town Highway Facilities (Our File Designation: 2615/37982) Mr. Robert P. Smith Hawkins, Delafield & Wood LLP 28 Liberty Street, 42nd floor New York, NY 10005 Dear Mr. Smith: Enclosed find the following documents related to the above referenced bond. 1. Certificate of No Referendum 2. Affidavit of Publication Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours 6 'CW Lyn a M Rudder Deputy Town Clerk Encs Cc: Town Attorney #12568 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 7th day of January, 2016. Principal Clerk I , Sworn to before me this day of /if 2016. washing area; material storage bms, and demolition of existing fuel storage tanks;all of the foregomg to include site work,instal- LEGAL NOTICE lation or extension of necessary utilities and TOWN OF SOUTHOLD, any ancillary work required in connection - NEW YORK therewith;at the estimated maximum cost CHRISTINA VOLINSKI The resolution,a summary of which is of$3,700,000. NOTARY PUBLIC-STATE OF NEW YORK published herewith,has been adopted on The penod of probable usefulness of the December 1,2015,and an abstract thereof bonds is twenty(25)years No. 01V06105050 has been published and posted as required The maximum amount of obligations Qualified In Suffolk County by law and the period of time has elapsed authorized to be issued is$3.700,000. for the submission and filing of a petition A complete copy of the bond resolution My Commission Explrcao February 26, 2016 for a permissive referendum and a valid summanzed above shall be available for pub- petition has not been submitted and filed hcinspection during normal business hours at The validity of the obligations authorized the office of theTown Clerk,at theTown Hall, by such resolution may be hereafter con- 53095 Main Street,Southold,New York. tested only if such obligations were autho- DATED:December 28,2015 rized for an object or purpose for which the Elizabeth A.Neville Town of Southold,in the County of Suffolk, Town Clerk New York, is not authorized to expend 12568-1T 1/7 money or if the provisions of law which 1— Should 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 ob- ligations were authorized in violation of the I provisions of the constitution Elizabeth A Neville Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK, ADOPTED SEPTEMBER 10,2013 AND AMENDED DECEMBER 1.2015,AU- THORIZING THE CONSTRUCTION OF IMPROVEMENTS TO TOWN HIGHWAY FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,700,000, APPROPRI- ATING SAID AMOUNT FOR SUCH PURPOSE,AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRIN- ' CIPAL AMOUNT OF NOT TO EX- CEED $3,700,000 TO FINANCE SAID ' APPROPRIATION The objects or purposes for which the bond are authorized is the construction of improvements to Town highway facilities, consisting of construction of a pre-engi- neered metal building containing a welding bay,service bays,toilets and administrative spaces;a pre-engineered pole barn;a con- solidated fueling station;an outdoor truck 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 September 10, 2013 and amended December 1, 2015, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,700,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $3,700,000 to finance said appropriation," was adopted September 10, 2013 and amended December 1, 2015, 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 5th day of January, 2016. (SEAL) r/IA44,--&—' • Com/ Town Clerk Of ELIZABETH A.NEVILLE,MMC I 41t• ? 4_ �g� Town Hall,53095 Main Road TOWN CLERK �� ; P.O. Box 1179 evs 1.44' a Southold,New York 11971 Fri REGISTRAR OF VITAL STATISTICS ; x Ar t Fax(631)765-6145 MARRIAGE OFFICER l' ci°��1' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®.� ` a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,.,/' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 28, 2015 Town of Southold,New York Amending Bond Resolution for Town Highway Facilities (Our File Designation: 2615/37982) Mr. Robert P. Smith Hawkins, Delafield& Wood LLP 28 Liberty Street, 42nd floor 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 Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney #12537 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 10th day of December, 2015. / 7A-1-7: Principal Clerk Sworn to before me this a ( day of 2015. authorized;and the proposed maturity of said bonds will exceed five(5)years; __ __ ------ and STATING that the Town Board,as LEGAL NOTICE Lead Agency pursuant to the provisions _ TOWN OF SOUTHOLD, of the New York State Environmental NEW YORK Quality Review Act ("SEQRA"), has TOWN OF SOUTHOLD, determined that the purpose for which CHRISTINA VOLINSKI NEW YORK the bonds are authorized is an Unlisted PLEASE TAKE NOTICE that on Action and a Negative Declaration has NOTARY PUBLIC-STATE OF NEW YORK December 1,2015 the Town Board of been issued No. O 1 VOb 1 05050 the Town of Southold,in the County of FOURTH. DETERMINING that Suffolk, New York, adopted a resolu- said bonds and any bond anticipation Qualified in Suffolk County tion amending the bond resolution ad- notes issued in anticipation of said ' My Commission Expires February 28, 2016 opted by said Town Board on Septem- bonds and the renewals of said bond ' ber 10,2013,which bond resolution,as anticipation notes shall be general ob- amended,is entitled: ligations of the Town,and PLEDGING "Bond Resolution of the Town of to their payment the faith and credit of Southold,New York,adopted Septem- the Town; ber 10,2013 and amended December FIFTH.DELEGATING to the Su- i 1, 2015, authorizing the construction pervisor the powers and duties as to the of improvements to Town highway fa- issuance of said bonds, and any bond cilities,stating the estimated maximum anticipation notes issued in anticipation cost thereof is $3,700,000, appropriat- of said bonds,or the renewals thereof; ing said amount for such purpose,and and authorizing the issuance of bonds in SIXTH DETERMINING that the the principal amount of not to exceed bond resolution is subject to a permis- 1 $3,700,000 to finance said appropria- sive referendum tion," DATED: December 1,2015 ' an abstract of such bond resolution, Elizabeth A Neville concisely stating the purpose and effect Town Clerk thereof,being as follows. 12537-1T 12/10 • FIRST: AUTHORIZING said Town to construct improvements to I Town highway facilities, consisting i of construction of a pre-engineered 1 metal building containing a welding bay,service bays,toilets and adminis- I trative spaces; a pre-engineered pole i barn,a consolidated fueling station,an , outdoor truck washing area,material storage bins;and demolition of exist- ing fuel storage tanks;all of the fore- going to include site work,installation or extension of necessary utilities and any ancillary work required in connec- tion therewith;STATING the estimat- ed maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000, APPROPRIATING said amount for such purpose;and STAT- ING the plan of financing includes'the issuance of not to exceed $3,700,000 bonds of the Town to finance said ap- propriation,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 not to exceed $3,700,000 bonds of the Town pursuant to the Lo- cal Finance Law of the State of New York (the "Law") to finance said ap- propriation, THIRD: DETERMINING and STATING the period of probable use- fulness applicable to the purpose for which said bonds are authorized to be issued is twenty(25)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 effec- tive date of this bond resolution for the purpose for which said bonds are ��aOY V ili\VELIZABETH A.NEVILLE,MMC ,,may. = • 4 : Town Hall,53095 Main Road � TOWN CLERK '41'2,:-?; 14 ; P.O.Box 1179 at Southold,New York 11971 rh REGISTRAR OF VITAL STATISTICS 3 : Fax(631)765-6145 MARRIAGE OFFICER :' '-. �` r RECORDS MANAGEMENT OFFICER ;�ad ��® . Telephone(631) nny.gov �.' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER „/, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 4, 2015 Town of Southold,New York Amending Bond Resolution for Town Highway Facilities (Our File Designation: 2615/37982) Mr. Robert P. Smith Hawkins, Delafield & Wood LLP 28 Liberty Street, 42nd floor 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 December 10, 2015 5. Affidavit of Posting Please do not hesitate to call me if you require anything else for your records at this time. Very truly yours (5,c y(ILtk6__IrWtd-rficQg,..__, Lynda M Rudder Deputy Town Clerk Encs Cc: Town Attorney Rudder, Lynda From: Reisenberg, Lloyd Sent: Friday, December 04, 2015 9.53 AM To: Rudder, Lynda Subject: RE: Highway Bond for publication Posted Lloyd H. Reisen berg Network and Systems Administrator Town of Southold,New York www.southoldtownny.gov Iloydr@southoldtownny.gov 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: Friday, December 04, 2015 9:14 AM To: Beltz, Phillip<Phillip.Beltz@town.southold.ny.us>; Cerria Torres (ctorres@timesreview.com) <ctorres@timesreview.com>; Cushman,John <John.Cushman@town.southold.ny.us>; Michaelis,Jessica <jessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>;Southold Local (denise@southoldlocal.com)<denise@southoldlocal.com>; Beltz, Phillip<Phillip.Beltz@town.southold.ny.us>; Dinizio, James<iames.dinizio@town.southold.ny.us>; Doherty,Jill <iill.doherty@town.southold.ny.us>; Doroski, Bonnie <Bonnie.Doroski@town.southold.ny.us>; Ghosio, Bob<bob.ghosio@town.southold.ny.us>; Louisa Evans <Ipevans06390@gmail.com>; Neville, Elizabeth <E.Neville@town.southold.ny.us>; Russell, Scott <scottr@southoldtownny.gov>; Standish, Lauren<Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle <michellet@town.southold.ny.us>; William Ruland <rulandfarm@yahoo.com>; Orlando,Vincent <vincent.orlando@town.southold.ny.us>;Savage, Kristen <kristens@southoldtownny.gov>; Duffy, Bill <billd@southoldtownny.gov>; Kiely, Stephen <stephen.kiely@town.southold.ny.us>; Silleck, Mary <marvs@southoldtownny.gov> Subject: Highway Bond for publication Please publish in the December 10th edition of the Suffolk Times and the Town website 1 , r , Southold Town Board - Letter Board Meeting of December 1, 2015 ro `° RESOLUTION 2015-947 Item # 5.10 a,,,, po.. ADOPTED DOC ID: 11309 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-947 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 1,2015: RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 1, 2015, AMENDING THE BOND RESOLUTION ADOPTED ON SEPTEMBER 10, 2013 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the construction of improvements to Town highway facilities at the estimated maximum cost of$3,500,000, pursuant to the bond resolution adopted by the Town Board on September 10, 2013; and WHEREAS, the estimated cost of said project has now been determined to be $3,700,000, and it is necessary and in the public interest to increase the appropriation for the project by $200,000 and to amend said bond resolution to authorize the issuance of$3,700,000 bonds to reflect such increase; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board)AS FOLLOWS: • Section (A) The bond resolution of the Town of Southold duly adopted by the Town Board on September 10, 2013, entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,500,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $3,500,000 to finance said appropriation," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 10, 2013 AND AMENDED DECEMBER 1, 2015, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO TOWN HIGHWAY FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,700,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,700,000 TO FINANCE SAID APPROPRIATION Generated December 3, 2015 Page 16 l Southold Town Board - Letter Board Meeting of December 1, 2015 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 construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work; installation or extension of necessary utilities and any ancillary work required in connection therewith. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000 and said amount is hereby appropriated for' such purpose. The plan of financing includes the issuance of not to exceed $3,700,000 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 priricipal amount of$3,700,000 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 object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 11(b) of the Law, is twenty (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The 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 objects or purposes described in Section 1 hereof is an Unlisted Action as defined under SEQRA and the Regulations promulgated thereunder. The Town's Planning Department has completed a Long Environmental Assessment Form which has been reviewed by the Town Board and the Town Board has determined that the project will not have a significant impact on the environment and a Negative Declaration has been issued by the Town Board. 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 Generated December 3, 2015 Page 17 P Southold Town Board - Letter Board Meeting of December 1, 2015 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 executing agreements for credit enhancement, 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 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 publish or cause to be published, in full, in the "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 December 1, 2015 the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on September 10, 2013, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013 and amended December 1, 2015, authorizing the construction of improvements to Town highway facilities, Generated December 3, 2015 Page 18 1 Southold Town Board - Letter Board Meeting of December 1, 2015 stating the estimated maximum cost thereof is $3,700,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $3,700,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $3,700,000 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 not to exceed $3,700,000 bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (25) 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 purpose 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 an Unlisted Action and a Negative Declaration has been issued 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: December 1, 2015 Elizabeth A. Neville Generated December 3, 2015 Page 19 Southold Town Board - Letter Board Meeting of December 1, 2015 Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, 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 Law. Section (B) The amendment of the bond resolution as set forth in Section (A) of this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Town for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted September 10, 2013 shall not be in any way affected and shall remain in full force and effect. 0.d• 4?-474.11410 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 December 3, 2015 Page 20 EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York December 1, 2015 * * * 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 December 1, 2015. Councilpersons: Councilman James Dinizio, Jr Councilman William P. Ruland Councilman Bob Ghosio Councilwoman Jill Doherty Justice Louisa Evans Also present: Elizabeth A. Neville, Town Clerk William Duffy, Town Attorney * * * Councilman William P. Ruland offered the following resolution and moved its adoption: RESOLUTION 9F THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 1, 2015, AMENDING THE BOND RESOLUTION ADOPTED ON SEPTEMBER 10, 2013 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the construction of improvements to Town highway facilities at the estimated maximum cost of$3,500,000, pursuant to the bond resolution adopted by the Town Board on September 10, 2013; and WHEREAS, the estimated cost of said project has now been determined to be $3,700,000, and it is necessary and in the public interest to increase the appropriation for the project by $200,000 and to amend said bond resolution to authorize the issuance of$3,700,000 bonds to reflect such increase; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of the Town of Southold duly adopted by the Town Board on September 10, 2013, entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,500,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $3,500,000 to finance said appropriation," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 10, 2013 AND AMENDED DECEMBER 1, 2015, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO TOWN HIGHWAY FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,700,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,700,000 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 construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre- engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $3,700,000 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$3,700,000 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 object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 11(b) of the Law, is twenty (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The 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 objects or purposes described in Section 1 hereof is an Unlisted Action as defined under SEQRA and the Regulations promulgated thereunder. The Town's Planning Department has completed a Long Environmental Assessment Form which has been reviewed by the Town Board and the Town Board has determined that the project will not have a significant impact on the environment and a Negative Declaration has been issued by the Town Board. 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 executing agreements for credit enhancement, 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 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 publish or cause to be published, in full, in the "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 December 1, 2015 the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on September 10, 2013, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013 and amended December 1, 2015, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,700,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $3,700,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre- engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith; STATING the estimated maximum cost thereof', including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $3,700,000 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 not to exceed $3,700,000 bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (25) 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 purpose 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 an Unlisted Action and a Negative Declaration has been issued 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: December 1, 2015 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, 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 Law. Section (B) The amendment of the bond resolution as set forth in Section (A) of this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Town for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted September 10, 2013 shall not be in any way affected and shall remain in full force and effect. * * * , The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES: Supervisor Scott A. Russell Councilman James Dinizio, Jr Councilman William P. Ruland Councilman Bob Ghosio Councilwoman Jill Doherty Justice Louisa Evans NOES: None The resolution was declared adopted CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on December 1, 2015, 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 thislst day of December, 2015. e (SEAL) :�._� - c> Town Clerk LEGAL NOTICE TOWN OF SOUTHOLD,NEW YORK TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on December 1, 2015 the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on September 10, 2013, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013 and amended December 1, 2015, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,700,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $3,700,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre- engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed$3,700,000 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 not to exceed $3,700,000 bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (25) 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 purpose 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 an Unlisted Action and a Negative Declaration has been issued 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: December 1, 2015 Elizabeth A. Neville Town Clerk PLEASE PUBLISH IN THE DECEMBER 10,2015 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 STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) AFFIDAVIT OF POSTING Elizabeth A. Neville, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, State of New York; That on December 4, 2015, she has caused to be conspicuously posted and fastened up on the Town Clerk's bulletin board a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on December 1, 2015, a copy of which is annexed hereto and made a part hereof 410 Town Clerk Subscribed and sworn to before me this 4th day of Decemb r, 2015. otary Public, State of New York LYNDA M.RUDDER Notary Public,State of New York No.01 RU6020S32 Qualified in Suffolk County Commission Expires March 8,2024 02 �0t ' oyettoi . DELAFIELD&WOODLLP PHONE 212-820-9300 28 LIBERTY STREET NEW YORK FAX 212-514-8425 NEW YORK, NY 10005 WASHINGTON WWW HAWKINS COM NEWARK HARTFORD (212) 820-9662 November 20, 2015 LOS ANGELES SACRAMENTO SAN FRANCISCO Town of Southold,New York PORTLAND ANN ARBOR Amending Bond Resolution for Town Highway Facilities (Our File Designation: 2615/37982) Mr. John Cushman RECEIVE® Town Comptroller Town of Southold NOV 2 0 2015 53095 Main Road P.O. Box 1179 Southold Town Clerk Southold,New York 11971 Dear John: • Pursuant to your request, I have prepared the attached draft Extract of Minutes of the Town Board meeting to be held on December 1, 2015, showing adoption of the above amending bond resolution. Please note that the bond resolution is to be adopted by at least a two-thirds vote of the full voting strength of the Town Board, without taking into account any temporary absences or vacancies. Therefore, four affirmative votes are required for adoption. Section 7 of the bond resolution contains the form of notice to be published in the official Town newspaper and posted in six (6) locations throughout the Town, and in each Town polling place, within ten (10) days after adoption of the bond resolution. Also enclosed 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, when available. Upon receipt of such items, I will forward the additional documents required with respect to the estoppel publication. With best regards, I am Very truly yours, a ‘ Robert P. Smith RP Simi Enclosures EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York December 1, 2015 * * * 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 December 1, 2015. There were present: Hon. Scott A. Russell, Supervisor Trustees: There were absent: Also present: Elizabeth A. Neville, Town Clerk * * * offered the following resolution and moved its adoption: RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED DECEMBER 1, 2015, AMENDING THE BOND RESOLUTION ADOPTED ON SEPTEMBER 10, 2013 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the construction of improvements to Town highway facilities at the estimated maximum cost of$3,500,000, pursuant to the bond resolution adopted by the Town Board on September 10, 2013; and WHEREAS, the estimated cost of said project has now been determined to be $3,700,000, and it is necessary and in the public interest to increase the appropriation for the project by $200,000 and to amend said bond resolution to authorize the issuance of$3,700,000 bonds to reflect such increase; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The bond resolution of the Town of Southold duly adopted by the Town Board on September 10, 2013, entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,500,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $3,500,000 to finance said appropriation," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 10, 2013 AND AMENDED DECEMBER 1, 2015, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO TOWN HIGHWAY FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,700,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,700,000 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 construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith. The estimated maximum cost ,thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of not to exceed $3,700,000 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$3,700,000 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 object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 11(b) of the Law, is twenty (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The 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 objects or purposes described in Section 1 hereof is an Unlisted Action as defined under SEQRA and the Regulations promulgated thereunder. The Town's Planning Department has completed a Long Environmental Assessment Form which has been reviewed by the Town Board and the Town Board has determined that the project will not have a significant impact on the environment and a Negative Declaration has been issued by the Town Board. 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 executing agreements for credit enhancement, 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 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 publish or cause to be published, in full, in the "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 in at least six (6) public places and in each polling place in the Town, a Notice in substantially the following form: TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on December 1, 2015 the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on September 10, 2013, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of Southold, New York, adopted September 10, 2013 and amended December 1, 2015, authorizing the construction of improvements to Town highway facilities, stating the estimated maximum cost thereof is $3,700,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $3,700,000 to finance said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,700,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of not to exceed $3,700,000 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 not to exceed $3,700,000 bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is twenty (25) 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 purpose 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 an Unlisted Action and a Negative Declaration has been issued 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. I DATED: December 1, 2015 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, 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 Law. Section (B) The amendment of the bond resolution as set forth in Section (A) of this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Town for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted September 10, 2013 shall not be in any way affected and shall remain in full force and effect. * * * The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES: NOES: The resolution was declared adopted. CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on December 1, 2015, 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 thislst day of December, 2015. (SEAL) Town Clerk STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) AFFIDAVIT OF POSTING Elizabeth A. Neville, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, State of New York; That on , 2015, she has caused to be conspicuously posted and fastened up in the following places a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on December 1, 2015, a copy of which is annexed hereto and made a part hereof, said places constituting at least six (6) of the most conspicuous public places in said Town, and at least one copy in each polling place in said Town: 1. 2. 3. 4. 5. 6. Town Clerk Subscribed and sworn to before me this day of December, 2015. Notary Public, State of New York