Loading...
2012-193 2012-193 Resolution Authorizing the Cost of Engineering and Design Studies for Improvements to the United Wappinger Water District, in and for the Town of Wappinger, Dutchess County, New York, at a Maximum Estimated Cost of $10,000.00 and Authorizing the Issuance of Up to $10,000 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 June 25, 2012. 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 Ismay Czarniecki Michael Kuzmicz ABSENT: Vincent F. Bettina The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilwoman Czarniecki. WHEREAS, the Town Board, by and on behalf of the United Wappinger Water District, is desirous of making certain improvements to the United Wappinger Water District, specifically including filtration systems for the Hilltop Wells and Atlas Wells, as well as constructing the projects known as the Meadowood Well Loop and the Route 9 Loop; and WHEREAS, the Town is desirous of financing the cost of the preliminary studies for the aforementioned improvements to the United Wappinger Water District and to recapture the costs thereof in any permanent fmancing if the projects are formally approved by the Town Board; and WHEREAS, all conditions precedent to the financing of the object or purpose hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the regulations provide will not result in any significant environmental effects; and WHEREAS, it is now desired to authorize the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The Town Board hereby authorizes and directs the Engineer to the Town, Robert J. Gray, and any members of his engineering firm, Morris Associates Engineering and Consultants, PLLC, and the Attorney to the Town, Albert P. Roberts, and any members or employees of his firm, to immediately undertake such preliminary engineering, environmental and legal studies as is necessary to authorize construction of the above mentioned improvements to the United Wappinger Water District. Section 2. The Town Board further authorizes and directs Robert J. Gray, or any other engineer associated with Morris Associates, to prepare such preliminary engineering studies as well as to prepare a Map, Plan and Report for necessary improvements to the United Wappinger Water District, specifically including improvements necessary to interconnect the Meadowood Wells to the United Wappinger Water District, to construct a water loop that will connect to the recently constructed water main service in the Adams Fairacre Farms Project located on Old Post Road in the Town of Wappinger as well as to construct the required filtration systems to the Hilltop Wells and Atlas Wells serving the United Wappinger Water District. Section 3. The cost of legal and engineering and design studies for improvements to the United Wappinger Water District, in and for the Town of Wappinger, Dutchess County, New York, including incidental expenses related thereto, is hereby authorized at a maximum estimated cost of $10,000. Section 4. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of not exceeding $10,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 5. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 6. 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. To the extent not paid from other sources, there shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 7. 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 8. 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 9. 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 10. 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 11. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper 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. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCILWOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE ABSENT AYE AYE Dated: Wappingers Falls, New York 6/25/2012 The Resolution is hereby duly declared adopted. t~~ CHRISTINE FULTON, TOWN CLERK LEGAL NOTICE OF ESTOPPEL The bond resolution, a summary of which is published herewith, has been adopted on June 25, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Wappinger, Dutchess County, New York, is not authorized to expend money, or if the provisions of law which 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 this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the Town Clerk for a period of twenty days from the date of publication of this Notice. Dated: Wappingers Falls, New York, June 27,2012. I~~ Town Clerk BOND RESOLUTION DATED JUNE 25, 2012. A RESOLUTION AUTHORIZING THE COST OF ENGINEERING AND DESIGN STUDIES FOR IMPROVEMENTS TO THE UNITED WAPPINGER WATER DISTRICT, IN AND FOR THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $10,000, AND AUTHORIZING THE ISSUANCE OF UP TO $10,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. Specific object or purpose: Cost of the engineering and design studies for improvements to the United Wappinger Water District 5 years $10,000 bonds Type II Action Period of probable usefulness: Amount of obligations to be issued: SEQRA status: -1-