2015-162 2015-162
]BOND RESOLUTION(Subject to Permissive Referendum)
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 July 13, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following was recorded:
-/,V
otcRecord-Resoltttion RES-2015=162
Q Adopted Yes/Aye No/Nay Abstain I Absent
Barbara Gutzler Voter Q ❑ ❑ ❑
❑ Adopted as Amended ) ......... ........<....... ....... . ......... ... ...... ........ ... ......
WilliamCiccarelli................................................................._l.Voter Q ❑..............................................._❑......................._ ❑
❑ Defeated ............................................................. ..............................,..........................................................:. ...................................................
❑ Tabled William H.Beale Mover Q ❑ ❑ ❑
❑ Withdrawn Ismay Czarniecki ; VoterQ ElO El
Michael Kuzmicz I Seconder Q ❑ ❑ j ❑
The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz.
BOND RESOLUTION DATED JULY 13, 2015.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE
RECONSTRUCTION OF ROADS THROUGHOUT AND IN AND FOR THE TOWN IN
AND FOR THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A
MAXIMUM ESTIMATED COST OF $650,000, AND AUTHORIZING THE ISSUANCE OF
$650,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.
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 reconstruction of roads throughout and in and for the Town of Wappinger, Dutchess
County,New York, including sidewalks, curbs, gutters, landscaping, grading or improving the rights of way, as
well as incidental improvements and expenses in connection therewith, is hereby authorized, subject to
permissive referendum, at a maximum estimated cost of$650,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of
$650,000 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 20(c) 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:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarnecki, Kuzmicz
Dated: Wappingers Falls,New York
7/13/2015
The Res ution ' her yd eclared Adopted.
OSEPH P. PAOLONI, TOWN CLERK