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Audit and Control Resolution * STATE OF NEW YORK DEPARTMENT OF AUDIT AND CONTROL Al..BANY ARTHUR LEVITT STATIE COM~TROLLIER August 23, 1972 IN RIE~LYING RE"IER TO Mr. Louis D. Diehl Supervisor Town of Wappinger Mill Street Wappingers Falls, New York 12590 Re: Application of Town of Wappinger for exclusion of sewer debt pursuant to section 124.10 of the Local Finance Law Dear Mr. Diehl: We herewith enclose a certificate of the State Comptroller authorizing the exclusion of indebtedness pursuant to the application in the above entitled proceeding. Will you kindly see that this order is filed as therein directed in the office of the chief fiscal officer of the town and for the purposes of our records advise us of the date of such filing? Please be advised that the original has been placed on file in this office on this date. Very truly yours, ARTHUR LEVITT State Comptroller By Q,- Theodore M. Berns Chief Municipal Consultant TMB:tp Enc. STATE OF NEW YORK DEPAR'l'MENT OF AUDIT AND CONTROL In the Matter of the Application of Louis Diehl, as chief fiscal officer of the Town of wappinger, for a certificate of the state Comptroller autha: izing the exclusion pursuant to section 124.10 of the Local Finance Law of certain sewage indebtedness proposed to be contracted WHEREAS, the Town of wappinger, by Louis Diehl, its Supervisor and chief fiscal officer, in the exercise of his discretion, has duly filed on. July 27,1972, pursuant to section 124.10 of the Local Finance Law an application, dated July 24, 1972 and amended on August 3, 1972, for the exclusion of indebtedness proposed to be contracted for the construction of facilities for the conveyance, treatment and disposal of sewage, and it appearing that there has been due compliance with the provisions of paragraph g of section 124.10 of the Local Finance Law in relation to the publication of the notice in this proceeding and the filing of proof of such publication in the office of the State comptroller, such proof having been filed on August 7, 1972, and ten days having elapsed since the filing of such proof of publication, and WHEREAS, no objection has been interposed to the making of a determination and the issuance of a certificate in this proceeding1 and WHEREAS, the undersigned has duly examined such application and the verified itemized statement annexed thereto, -2- NOW, THERSFORE, the undersigned after due deliberation does hereby find and deter-minec 1. That the public improvement herein will embrace the construction of a sewer plant, trunk lines and laterals for the Wappinger Sewer Improvement #1 and the acquisition of existing facilities of Oakwood Knolls Sewer District which has been dissolved, that, as of the date of the application herein, there is no outstanding indebtedness contracted by said municipality on or after January 1, 1962 and prior to January 1, 1973 for the construction or reconstruction of facilities for the conveyance, treatment and disposal of sewage, 2. That the municipal! ty proposes to incur contract liabilities on or about November 1, 1972 in the total amount of $3,963,320 and to issue serial bonds on or about November 1, 1972 in the total amount of $3,963,320, 3. That the revenues, if any, of such facility, during the period for which the exclusion is effective, will be applied to, and used for, the payment of all costs of operation, maintenance and repairs, and the interest on and amortization or redemption of said indebtedness, or such revenues shall be deposited in a spdcial fund to be used solely for such paymentsr 4. That the cost of the project is estimated to be $3,963,320 which amount such municipality requests authority . . . " -3- to exclude, 5. That, under paragraph E of section 5 of Article VIII of the Constitution and section 124.10 of the Local Finance Law, such municipality is entitled, in ascertaining its power to con~ract indebtedness, to the requested exclusion of such sewer indebtedness, consisting of such contract indebtedness to be incurred, and serial bonds to be issued, aggregating $3,963,320 less anticipated state and/or federal aid, so long as and to the extent that any of such indebtedness remains outstanding, or until this certificate is amended, modified, superseded or rescinded. THEREFORE, I, ARTHUR LEVITT, comptroller of the State of New York, 00 HEREBY CERTIFY that the Town of Wappinger in ascertaining its power to contract indebtedness pursuant to Article VIII of the constitution of the State of New York and the Local Finance Law may exclude such proposed indebtedness to be evidenced by such contract indebtedness, and aerial bonds aggregating $3,963,320 less anticipated state and/or federal aid, so long as and to the extent that any such indebtedness remains outstanding or until this certificate is amended, modified, superseded or rescinded. X HEREBY _RECf}' that this certificate, which has been executed by me in duplicate be filed in the Oeparonent of . . ~ . . . -4- Audit and Control and in the office of the chief fiscal officer of the Town of Wappinger. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the Comptroller of the State of New York, ';l 1..4 in duplicate this ~~ ~day of August, 1972. ARTHUR LEVITT State Comptroller BY~.~~ J.' J . ~l!'eeney o ty Comptroller