2014-1152014-115
A Resolution Authorizing, Subject To Permissive Referendum, The Purchase Of Highway
Equipment, In And For The Town Of Wappinger, Dutchess County, New York, At A
Maximum Estimated Cost Of $230,000, And Authorizing The Issuance Of $230,000 Bonds
Of Said Town To Pay The Cost Thereof.
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 14,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality Review
Act as a Type II Action, have been performed; and
WHEREAS, it is now desired to authorize such capital project and its financing; NOW,
THEREFORE,
BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County,
New York, as follows:
Section 1. The purchase of highway equipment, for the Town of Wappinger,
Dutchess County, New York, each item of which costs $30,000 or over, including incidental
equipment and expenses in connection therewith, is hereby authorized, subject to permissive
referendum, at a maximum estimated cost of $230,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by
the issuance of $230,000 bonds of said Town, hereby authorized to be issued therefor pursuant to
the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a
of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year unless paid from other revenues. There shall annually be levied on all the
taxable real property of said Town, a tax sufficient to pay the principal of and interest on such
bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor
of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue bonds with substantially level or
declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution 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
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-2. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on
a long-term basis, or otherwise set aside with respect to the permanent funding of
the object or purpose described herein.
Section 9. Upon this resolution taking effect, the same shall be published in
full or summary form in the official newspaper(s) of said Town for such purpose,
together with a notice of the Town Clerk in substantially the form provided in
Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO
PERMISSIVE REFERENDUM.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting:
WILLIAM H. BEALE, COUNCILMAN Voting:
VINCENT F. BETTINA, COUNCILMAN Voting:
ISMAY CZARNIECKI, COUNCILWOMAN Voting:
MICHAEL KUZMICZ, COUNCILMAN Voting:
Dated: Wappingers Falls, New York
4/14/2014
The Resolution is here
/r;~,~
AYE
AYE
AYE
AYE
AYE
duly declared adopted.
OSEPH P. PAOLONI, TOWN CLERK