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1969-01-30 SPMWAIVER OF NOTICE OF SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK The undersigned, being all of the members of the Town Board of the Town of Wappinger, Dutchess County, New York, do hereby waive notice of the time and place of the holding of a Special Meeting of said Town Board, and do hereby agree and consent that the same be held on the 30th day of January, 1969, 5:30 o'clock in the afternoon of that day at the Town Hall'of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York for the transaction of all business which may properly come before the meeting or any adjournment thereof. // csfeLety 'do .zis J S ,pervisor • Councilman tcJm,UVd Councilman Due and timely notice of the above mentioned meeting is hereby admitted. 1,1_0 . t .-W(4 A. . Town Clerk Town of Wappinger The above waiver of notice of a Special Meeting having been signed by each member of the Town of Wappinger Town Board, each for himself, Supervisor Diehl Called the meeting to order. The Town Board having considered the purchase by the Town for 2 2'7 3 utilization by special districts already formed, and approved, of facilities owned by Fleetwood Water Works Corporation and Fleetwood Sewerage Disposal Corporation for the total purchase price not to exceed $59,000.00 and $91,000.00, respectively, and the same having been discussed, and having before it two (2) separate instruments in writing, each being an option to purchase the same, at the aforesaid purchase prices, and due deliber- ation having been had, the following was moved by COUNCILMAN CLAUSEN, seconded by COUNCILMAN MILLS, to wit: RESOLVED, the Town Board of the Town of Wappinger, Dutchess County, New York, hereby authorizes the Supervisor of said Township, Louis D. Diehl, or any member of the Town Board authorized by him, to exercise the written options aforesaid, they being separate written documents for the purchase of the plant, facilities, lines, easements and appurtenances of the Fleet- wood Sewerage Disposal Corporation for a total purchse price not to exceed $59,000.00 and $91,000.00, respectively, and that he do so in accordance with the terms and provisions of each and both of said option agreements, and that he execute, acknowledge and deliver such instruments as required by the same; and it is further RESOLVED, the Supervisor of said Township, Louis D. Diehl, or a member of the Town Board authorized by him, is hereby authorized and directed to execute, acknowledge and deliver written acceptance of such proposals or options, at any lower price which he may deem necessary, this resolution intending to be, and being, an authorization to purchase such facilities of said water works corporation and said sewerage disposal corporation at a price not exceeding the prices hereinbefore specified, and further to execute, acknowledge and deliver such contract or contracts as may be required as a result of such exercise, for a sum not exceeding the maximum sum hereinbefore specified, without any further action of this Board, pro- vided the same are conditioned upon an approving opinion by the bonding attorneys for the financing of the purchase of each and both of the same and the other conditions contained in said written option agreements; and it is further RESOLVED, it is the determination of this Town Board and all the members voting upon these propositions, in their legislative judgment, that the same are consistent with said written option agreements, each and both of them, and for the best interest and welfare of the districts formed and the residents residing therein; and it is further RESOLVED,that the Supervisor of said Township, Louis D. Diehl, or any 274 member of the Town Board authorized by him, is hereby authorized to execute, acknowledge and deliver such other instruments as may be necessary to effectuate the purchase by the Town of Wappinger of the plants, lines, easements, facilities, and appurtenances of Fleetwood Water Works Corporation and Fleetwood Sewerage Disposal Corporation owned by said corporations, the subject of siad option agreements, and further, to execute assignements of said options and/or agreements to the Fleetwood Manor Water District and Fleetwood Manor Sewer District. Upon roll call, the vote was as follows: SUPERVISOR Louis D. Diehl Councilman Donald Finnan Councilman Leonce Heady Councilman James Mills, Jr. Councilman Louis Clausen voting Aye voting Aye voting Aye voting Aye voting Aye The resolutions were thereupon declared duly adopted. The following resolution was offered by Councilman Heady, who moved its adoption, seconded by Councilman Finnan, to wit: BOND RESOLUTION DATED JANUARY 30, 1969. A RESOLUTION AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF A SANITARY SEWER SYSTEM TO SERVE FLEETWOOD MANOR SEWER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $108,000 AND AUTHOR- IZING THE ISSUANCE OF $108,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, by proceedings heretofore has and taken under Article 12 of the Town Law and more particularly an order of the State Comptroller dated August 29, 1968 and a final order of this Board dated September 9, 1968, this Town Board has established Fleetwood Manor Sewer District in the Town of Wappinger, Dutchess County, New York; and WHEREAS, under said proceedings the maximum amount to be expended in connection with the acquisition, construction and repair of improve- ments in such district is determined to be $115,000; and WHEREAS, of such amount of $115,000, $7,000 represents costs of repairs to said sewer system to be paid as current expenses from annual budgetary appropriations; and WHEREAS, it is now desired to authorize the acquisition and con- struction of facilities of the district and to provide for the financing of the cost thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The acquisition and construction of a sanitary sewer system to serve Fleetwood Manor Sewer District in the Town of Wappinger, DUtchess County, New York, to consist of the acquisition and construction of sewer lines, a sewage treatment plant and appurtenant facilities, all as more fully described in the map, plan and report filed in the office of the Town Clerk of said Town in connection therewith, are hereby authorized at a maximum estimated cost of $108,000. Section 2. The plan for the financing of the aforesaid specific object or purpose is by the issuance of $108,000 serial bonds of said Town hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined that the period .of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 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 to be issued will exceed five years. Section 4. The faith 4nd credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same become due and pay- able. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Fleetwood Manor Sewer District Which the Town Board shall determine and specify to be especially bene- fited by the improvement an amount sufficient to pay the principal of and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of an ad valorem tax without limitation as to rate or amount sufficient to pay the principal of and interst on said bonds as the same shall become due. 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be rescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1) Such bonds 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 preceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in W & S D NEWS, Wappingers Falls, New York, the official newspaper of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was chilly put to a vote on roll call, which resulted as follows: Supervisor Councilman Councilman Councilman Councilman L. L. D. L. J. Diehl Clausen Finnan Heady Mills, Jr. voting Aye voting Aye voting Aye voting Aye voting Aye The resolution was thereupon declared duly adopted. The following resolution was offered by Councilman Mills, who moved its adoption, seconded by Councilman Clausen, to wit: BOND RESOLUTION DATED JANUARY 30, 1969. A RESOLUTION AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF A WATER SYSTEM TO SERVE FLEETWOOD MANOR WATER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $68,000 AND AUTHORIZING THE ISSUANCE OF $68,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, by proceedings heretofore had and taken under Article 12 of the Town Law and more particularly an order of the State Comptroller dated August 29, 1968 and a final order of this Board dated September 9, 1968, this Town Board has established Fleetwood Manor Water District in the Town of Wappinger, DutchessCounty, New York; and 2 7 6 WHEREAS, under said proceedings the maximum amount to be expended in connection with the acquisition, construction and repair of improve- ments in such district is determined to be $70,000; and WHEREAS, of such amount of $70,000, $2,000 represents costs of repairs to said water system to be paid as current expenses from annual budgetary appropriations; and WHEREAS, it is now desired to authorize the acquisition and con- struction of facilities of the district and to provide for the financ- ing of the cost thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The acquisition and construction of a water system to serve Fleetwood Manor Water District in the Town of Wappinger, Dutchess County, New York, to consist of the acquisition and construction of reservoirs, water treatment works, water mains, distributing pipes, hydrants and appurtenant facilities, all as more fully described in the map, plan and report filed in the office of the Town Clerk of said Town in connection therewith, are hereby authorized at a maximum estimated cost of $68,000. Section 2. The plan for the financing of the aforesaid specific object or purpose is by the issuance of $68,000 serial bonds of said Town hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 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 to be issued will exceed five pears. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the pay- ment of the principal of and interest on such bonds as the same become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Fleetwood Manor Water District which the Town Board shall determine and specify to be especially benefited by the improvement an amount sufficient to pay the principal of and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of an ad valorem tax without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, 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.. The validity of such bonds may be contested only if: 1) Such bonds 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 bonds are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in W & S S NEWS, Wappingers Falls, New York, the official newspaper of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Louis Diehl voting aye Councilman Louis Clausen voting aye Councilman Donald Finnan voting aye Councilman Leonce Heady voting aye Councilman James Mills, Jr. voting aye The resolution was thereupon declared duly adopted. MR. DIEHL MOVED to empower Rudolph E. Lapar, Engineer to the Town, to do whatever, in his judgement, is necessary to procure a 2A Sewage Treatment Plant Operators License for Mr. Joseph Gutmann. Seconded by Mr. Mills Motion Unanimously Carried MR. MILLS MOVED that Rudolph E. Lapar, Engineer to the Town, be directed to prepare Specifications for Bid for a Track Type Front End Loader. Seconded by Mr. Heady Motion Unanimously Carried. MR. FINNAN MOVED that the meeting be adjourned, seconded by Mr. Mills, and unanimously carried. Meeting Adjourned 6:15 P.M. Elaine H. Snowden Town Clerk r 1