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Wildwood & Granger Orrick #42305-2-New0 ORRICK June 19, 2013 VIA E-MAIL (aroberts@srddlaw.com) Al Roberts, Esq. Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 ORRICK, NERRINGTON & SUTCLIFFE LLP 51 WEST 52ND STREET NEW YORK, NY 10019-6142 TEL 212.506.5000 Fax 212.506-5151 WWW.ORRICK.COM Douglas E. Goodfriend (212) 506-5211 (Direct Dial) dgoodf riendC~orrick. com Re: Town of Wappinger, Dutchess County, New York Construction of Drainage Improvements at Wildwood Drive and Granger Place $500,000 Serial Bonds Orrick File: 42305-2-New Dear Al: In accordance with your recent request, enclosed please fmd a draft form of bond resolution to be considered for adoption at the Town's next regular meeting. As you may know, because the bond resolution authorizes bonds having a maturity in excess of five years, the resolution must be adopted subject to permissive referendum. This requires that you follow the following posting and publication procedures: a) The enclosed Notice of Adoption must be published in the official newspaper of the Town designated for this purpose in the bond resolution within ten days of the adoption of such resolution; and b) Such Notice of Adoption (including the bond resolution) must be posted on the official signboard of the Town within such 10-day period. If adopted in the present form, in due course, please furnish us with the following: 1) A certified copy of the enclosed bond resolution, showing the vote taken thereon. 2) Original printer's affidavit of publication of the Notice of Adoption of such resolution. OHSUSA:754034914.1 Al Roberts, Esq. June 19, 2013 Page 2 3) Original Town Clerk's Certification of Posting of such Notice. For your convenience, we are enclosing herewith a form for such certification. When returning the same to us, please make sure there is attached thereto, as recited therein, a true, correct and complete copy of the Notice of Adoption as was actually posted. Please call with any questions. With best wishes, Very truly yours, Douglas E. Goodfriend DEG/vmo Enclosures 754034914.01 cc: Hon. Barbara Gutzler, Supervisor (via email: B>;utzler~townofwappin ers.us) Ms. Christine Fulton, Town Clerk (via email: Cfultonntownofwappingers.us) Ms. Jessica Fulton, Dep. Town Clerk (via email: jfulton@townofwappingers.us) OHSUSA:754034914.1 ~.. 2013-163 A Resolution Authorizing, Subject to Permissive Referendum, the Construction of Drainage Improvements at WUdwood Drive and Granger Place in and for the Town of Wappinger, Dutchess County, New York at a Mazimum Estimated Cost of $500,000 and Authorizing the Issuance of $500,000 Bonds of Said Town to Pay the Cost Thereof. At a regulaz 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 24, 2013. The meeting was called to order by Bazbaza Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Bazbaza Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Kuzmicz. WHEREAS, ail conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, it being determined that the part of the capital project to be completed at Wildwood Drive is an Unlisted Action as to which it has been determined that there is no significant environmental impact and the part of the capital project to be completed at Granger Place is a Type II Action; and WHEREAS, it is now desired to authorize such capital project and it's financing; NOW, THEREFORE,BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. The construction of drainage improvements at Wildwood Drive and Granger Place in and for the Town of Wappinger, Dutchess County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, is hereby authorized, subject to permissive referendum, at a maximum estimated cost of $500,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of $500,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby deternned that the period of probable usefulness of the aforesaid class of objects or purposes 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 wiU exceed five years. Section 4. The faith and credit of said Town of Wappinger, Dutchess County, New York, aze 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 yeaz 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, m~.turities 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. TffiS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. r" The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/24/2013 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK CERTIFICATION FORM STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, in the County of Dutchess, New York (the "Issuer"), DO HEREBY CERTIFY: 1) That a meeting of the Issuer was duly called, held and conducted on the 24th day of June, 2013. 2) That such meeting was a special reLUlar (circle one) meeting. 3) That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the Board of the Issuer. 4) That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5) That all members of the Board of the Issuer had due notice of said meeting. 6) That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7) That notice of said meeting (the meeting at which the proceeding was adopted) was given PRIOR THERETO in the following manner: PUBLICATION Poughkeepsie Journal - O 1 /07/2013 Southern Dutchess News - 01/07/2013 POSTING Town Hall Sign Board - 01/07/2013 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this 1st day of July, 2013. ~, Town Clerk (CORPORATE SEAL) SOUTHERN DUTCHESS NEWS NORTHERN DUTCHESS NEWS Carewysud his other 84 EAST MAIN STREET ~',L~y .Harris, a prostit WAPPINGERS FALLS , NY 12 5 9 0 ,'er humanity, are played Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #88516 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD, being duly sworn, depose and say: that I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 07/10/13. Sworn to before dfie this 10th day of July, 2013 ~~ N Y H UKE Notary Public, State of NEW YORK No. O1HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 201.Y 1 l ~yy Victoria Howland 'WfK1N3a3d3b ~_ ever. They act more 3AFSSIW213d ~ but the story of their 411.03f8f1S tags is that of their vi 431dOOb' SI 4ertainly sing. i~lO11f170S321 SIl~.1. ~~ uo!}~aS !r. Vallone's singing ' , ' s most be exhausting. n~e~ aoueuld leoo~ ay} ~o d sheer volume of the i 00' f.8 uo!}aaS uI pepln '~d tax his. voice to the pc -oaduLO~ay}~(pegue}s 3ers how he can even s -qns u! ~aIO unnol j The transition to Hyd ay} ~o eogou a y}!na ical change as well as gay}eBo; 'asod~nd and he accomplishes t yons ~o~ ur~l,pies }o ' . The .audience can (s)~adedsnnau Ielog~o h character is inhabiEil ay} ul uuo} ~euuuns y partict~ar time. ....... ~o Ian; u! paysllgnd s. Howland's vocal agpeys~wesey} }oa} e} Uognlosa~ a i been sed inthese ~ s } uo d y fl '6 uo!#~S what appears to rmgs rb v a ~~~ ! ~ paq!~osap asod `>~l Notices -]nd~o}oafgoay}fo6u! I -punk }uauew~ad ay} LLC: ° Dutchess ~ o} }oadsa~ y}Inn apse un The Secre- ty }esas-ntiay}o~o's!seq ry has been desig- ~ agent for u~-6uo! a uo pa}eo -ope 'pan~asa~ 'aq rvice of process o} pa}oadxa ~(Igeuos Pon the LLC. The -ea~a~e~o`a~esaiuow ecretary shall mail a ou 'uo!}nlosa~ ~ s!y} yofprocesstothe 300 Harbour LC ut; pe~oads se uey} ' ' ~ , rive Vero Beach L uo!}oaS ~a~0 Z09 L 'suo!}elnBaatinsea~l I , , . iorida 32963. The ~o sasod~nd ~o~ }ua} urpose of the busi- -ullelo~o~o}uawa}e}s I ' nessoftheLLCisto engage in any lawful e a}n}!}suoo Ileys uoi} ' f act oractivity. -nlosaasl 8uo!}oag yl vo!}n}I}suo0 ay}~o suo!slnaday}~ouo!}eI Notice of F©rmatior~. ~ -oln u} pa~roy}ne ~s suo!}e~q~ y~ (£ of Hen,, Amts LL .w `uo!} - rtiGes. of Org. filed. -eo!Ignd yons }o a}ep ithN.Y.Dept.ofState ay} ~a}}e s~(ep ~t}uannt t n 6/28/2013. Office u!y}!nn paouawwoo location: ~ Dutchess s! ~!P!len yons Bw ~ -JCounty. Sec of State r -~ TO1iT1 OF WAPPINGER, NY • ~O_ Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PUR{~ASE ORDER & VOUCHER CLAIMAhfT'S SO~Ii#-TERN DUTCHES~ PI6WC7 NAME AND ~ EAST MAIN BTf~EET ADD`~SWAP;P~IGERS FALLB, Ny 1>~~~9 L =RMS . -a Purdiese t . Order No. ~ DD NOT WR1TE IN THIS BOX Dale Voucher keceived FUND -APPROPRIATION AMOUNT z~- TOTAL ABSTRACT NO. VENDOR'S I REF.ND. ~ -DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT ~,I,~~-3 1 I ~~a~: ~s~s ~oT~C~ ~s,-~~~~c, ~o,~D 2~5 ,~o~ 8 b 51 fo goN~ rL.~S - c.c~nl S-n2 7~ ~ cN A-~ ~ t rn ~.' ~. ~~z~ .. ~~ ' ~a~ jG, g ~~ ~(o TOTAL ~~ • ~ 7 I. ~!v --1~,~ ~ y cerlily Ihal fhe above av~unl~n the amount o(S ~ v / / k True and rvriect that the items, services, and disbursements drarged were rendered b a for Cie municipality on Cre dales staled: that no part has hem paid a satisfied: Thal lazes, Gom which the murridpafity is eunyled, are rwl included; and Cial the amount dained is aGuapy due . 7 ~ U / ~ ~ ~~'~,~5 ~~ DATE 51 NATURE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL APPROVAL FOR PAYMENT The above services or materials were rendered or This claim is approved paid from the appropriations indicated above furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL DATE COMPTROLLER .Southern Dutchess News 84 East Main Street Wappingers Falls, NY 12590 (845) 297-3723 Fax (845) 297-6810 TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Issue Dates Description INVOICE 07/03/13 Phone: 845-297-5771 Your sales representative is: Legal Ads In Southern Dutchess News and Beacon Free Press: LEG: LEGALS 07/10/13 Legal Notice - 292 Lines $ #88516 NTC ADOPT BOND RES DRAINAG Affidavit Charge - 2 TOTAL CHARGES ----------> $ (Ad #88516) G°~L~C C~D~L~D JUL Y 1 2013 TOWN OF WAPPINGER. _ TOW~i rLERK Amount 118.26 0.00 50.00 168.26 the Tt .Town which is publishe herewith subject to ppeerrmmissive referendum. Dated:WappinDers Falls, New York, July 1, 2013. ~, Christine Fulton !Town Clerk BOND RESOLUTIO DATED JUNE Z4, 2013. A RESOLUTION AUTHI RIZING, SUBJECT T PERMISSIVE REFEREI M, THE CONSTRUE TION OF DRAINAGE li PROVEMENTS AT WILI WOOD DRIVE Ah .GRANGER PLACE ANO T and WHEREAS, all condi• I' tions precedent to the financing of the capital project hereinafter de- scr ,including com- pliance with the provi- sions of the State Envi- " ronmentai Quality Re- ' I view Act, have been ppertormed, k being de- ; termined that the part I ~i that there. I ;ant envirtmn~en- npieted at Gran sail ~ is a Type u ~ iAS, it 1s now- de- ~ro' to authdrize such na protect and iYs sec ng; NOW, THERE- vmfd RESOLVED, by the the Board of the r of WapplnQer, Fes, con- MdudMtg renew- `„ !"'' ' s~ , ~ .~ urnal ~I~ ~~~e a be of such t~ ~~hkeepsie, N.Y. er, as nu be pre- =W~T OF PUBLICATION dons: of the Local State of New York County of Dutchess City of Poughkeepsie terest pay wltldrr the prescribed the manner iciuding original `with substamrauy revel tgs, equipmerd, or declining annual •ry apparatus. ~ debt service, shall.. be nances and loci- determined by the Su•, improvemerds ~ Pervisor, the chief fiscal' ;peones in con. officer of such Town.. titerewiti-, is ! tainh wbstarlstia~lb the ~~' ~~ "recital of validity clause ~~~ refer ` provided for in Section mat a c s~Nnuo 52,00 of _ the Local FI- - - - a tisu ;ectltin 2.The plan for ~ flr~nci ~ ~ ~. otnerwrse ue ~~~ ~, form and contain such •esatd maximum estr mated cost is by the is- recitals,egin addition to ~ one t e u1 nuance of 5500,000 bonds of said Town, o Local of h 51.00 Finance Law, as the Su• hereby authorized to be Issued therefor pursu- Pervisor shall deter mine consistent watt ant to the provisions of . the provisions of the Lo the Local Firuuxx Law. ' It ks hereby : Section 3 cal mance law. Section 7.The validity . determined that the pe- rind of robable useful- of such bonds and bond anticipation notes may hens of the aforesaid class of objects or pur- be contested only If: 1)Such obligations are poses is forty years, authorized for an object or purpose for wwfihich pursuant to subdivision 4 of parsgmph a of Sec- ; iedTtowexpend money ~i , r z tion 11.00 of the Local Finance Law. It is here- or by further determined ~ 2)The provisions of that the maximum ma- .law. which should be turiri of the bonds ,' complied with at the hereiin authorized will.. date of pubifcatian of this resolution are not exceed five gqears. The fault and' Section 4 substantially complied' . credit of said Town of Wappinger, Dutchess with, and an a~tah Counri, New York, are' proceeding ` co- pledged for tite pay- mencea wu~m, awm,q ment of the principal of% days after the date of and interest on such- such ppublication, or bonds as the same re-'' 3)Such obligations are spectively become due a ed pt violation and payable. An annual of~provision5 M the appropriation shall be Constituti0kt. made in each year sufti- Section B.Thls resolu- cient to pay -the princi- lion sfddl constitute a pal of and interest on : statem~tY of official in- such bonds becoming', teM fdr purposes • of due and ipayable in such' Treawry Regulations year un ens paid from , Secdion 1150 2. Other other revenues. There than , In tills, shall annually be levied resol on all the taxable real are,.. ,property of said Town, to be, re- a tax sufficient to pay served allocated on a ~I terest on such brna~Ms a~S' obtt~ierwise s~ls, aside the same become due; wfth respect to the per ~ and payable. maneM funding c~,~ Section 5.Subject to object or~ purpose 'the provislars of the Lo- scribed ilerein• „_, _ cal Finance Law. ~ Section e_ m~is power to authotlze the resolution s issuance of arrd to Belk the same Pu bond anticipatlon notes:; lished in fug or sum. in anticipatlon of tfie Is• mary form in the nuance and sale of tite newspaper(s) ~' bonds herein autho-: Tewn for ~ aurrotlq Town Clerk G s~~rw~~vylMIrrtlaily the fore A1.00tl of the Local~F - ~~-- -7474 Rita Lombardia of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2013 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 3rd. day of July in the year of 2013 and on the following dates thereafter, namely on: D ~~ ~I iv/ Y 013 TOWN OF WAPPINGER. _ W~~ CLERK And ending on the day of in the year of 2013 ,both days inclusive. ub cribe and sworn to before me this ~ day of in the year of 2013_ ~,` Notary Public My commission expires ` Z S ICE ANN SIMP Notary Public, State of New Yqk No. 01 SI6215893 G~ualified in Dutchess County ~.%ommission Expires January 4, ?_014 ~ough~ee,~~ie .~ ournal.com A GANNETT COMPANY CLASSIFIED ADVERTISING INVOICE P.O, BOX 1231 85 C[VIC CENTER PLAZA POUGHKEEPSIE, NY 12602 BUSINESS OFFICE:(84S)451dSS7 BILL DATE 07/03/13 WAPPINGER/TOWN OF ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 TO PLACE A CLASSIFIED AD PLEASE CALL (845) 471-7355 AD NUMBER CLASS DESCRIPTION START DATE SIZE RUNS AMOUNT 0103507474 000 NOTICE OF ADOPTION O 07/03/13 247 1 119.80 0103507474 000 NOTICE OF ADOPTION O 07/03/13 247 1 0103507474 AFFIDAVIT CHARGE 07/03/13 40.00 ;' '; ~~~~ PHONE NUMBER 845-297-5771 1000 d ~~ ~, JIJ~ ~ 1.2013 TQwN OF WAPpj _ TO War CLEF GER. ~K 159.80 TERMS: PAYABLE UPON RECEIPT " TO ASSURE PROPER CREDIT, DETACH AND RETURN THIS PORTION WITH REMITTANCE Check payable to: THE POUGHKEEPSIE JOURNAL ^ Vsa ^ Mastercard ^ American Express ^ Discover 159.80 0103507474 07/03/13 CreditCard o. ignature xpirauon ont ear PLEASE CHANGE MY ADDRESS AS INDICATED ON REVERSE 01,035~74740001,598~9 WAPPINGER/TOWN OF ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 8 4 5- 2 9 7- 5 7 71 10 0 0 ~oughheepsie ~ ournal INVOICE ~ou~hhee~,oie .~ournal PO BOX 1629 BINGHAMTON, NY 13902-1629 P.O. BOX 1231 85 CIV1C CENTER PLAZA POUGHKEEPSIE. NY 12602 BUSINESS OFFICE: (845)451-0557 CERTIFICATION OF POSTING STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, DO HEREBY CERTIFY: That on the 1st day of July 2013, I caused to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of Adoption of a bond resolution adopted by the Town Board of said Town on the 24th day of June, 2013. A true and correct copy of such Notice of Adoption is attached hereto. Town Clerk Sworn to before me this 1st day of July, 2013. ~~~ -- MAflR ~~~~... ----- I Notary public, State of Newyork No. 01 L16199007 Qualified In Dutch„u~r° 12 2017 OHSUSA:754034914.1 O ORRICK August 12, 2013 VIA E-MAIL (cfulton@townofwappinger.us) Ms. Christine Fulton Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 ORRICK, HERRINGTON & SUTCLIFFE Lip 51 WEST 52X0 STREET NEW YORK, NY 10019-6142 TES 212-506.5000 Fnx 212.506-5151 WWW.ORRICK.COM Douglas E. Goodfriend (212) 506-5211 (Direct Dial) dgoodf riendC~orrick. com Re: Town of Wappinger, Dutchess County, New York Construction of Drainage improvements at Wildwood Drive and Granger Place Drainage $500,000 Serial Bonds Orrick File: 42305-2-67 Dear Christine: This will acknowledge receipt in our office on July 18, of your correspondence dated July 19, containing the original printer's affidavit of publication of the Notice of Adoption relative to the above-referenced matter, which was in proper form. Enclosed herewith please find a form of Legal Notice of estoppel which you should arrange to have published in the official newspapers of the Town at your earliest convenience. Thereafter, please see that we are furnished with an original certified printer's affidavit of publication of the Legal Notice of Estoppel. With best wishes, Very truly yours, Douglas E. Goodfriend DEG/vmo Enclosure OHSUSA:754034914.1 `t '~oughkeepsie 3ournal Poughkeepsie, N.Y. AFFIDAVIT OF PUBLICATION State of New York County of Dutchess City of Poughkeepsie Rita Lombardi, of the City of Poughkeepsie, Dutchess County, New York, being duly sworn, says that at the several times hereinafter mentioned he/she was and still is the Principle Clerk of the Poughkeepsie Newspapers Division of Gannett Satellite Information Network, Inc., publisher of the Poughkeepsie Journal, a newspaper published every day in the year 2013 in the city of Poughkeepsie, Dutchess County, New York, and that the annexed Notice was duly published in the said newspaper for one insertion successively, in each week, commencing on the 21st. day of Au5 • in the year of 2013 and on the following dates thereafter, namely on: i '?ice ~~~IlMl~f~ I , r~ AUG 2 J 2013 i , ~~..~~~~ And ending on the day of in the year of 2013 ,both days ~inc~lu/sive. Su ribed an sworn to before me this .Z/ ~ da Y of to the year of 2013 .~N---- Notary P lic My commission expires y p l ROSE ANN SIMPSON Notary Public, State of New Y;,rk h1;~. 01 SI6215893 Qualified in Dutchess County Commission Expires January 4, 20t4 CLASSIFIED P.O. BOX 1231 ` ~' /~- m ADVERTISING 85`IVICCENTERPLAZA BUSINESS OFFICE: (845) 451-0SS7 ~Pou~gh~e pie .~ournal•VOI11 POUGHKEEPSIE,NY12602 A GANNETT COMPANY ~ INVOICE ~, ~ ~ ~^ `J ~J ~ DD BILL DATE AUG 2 9 2013 ~ os/21/13 T~~1`~N ~ U'ii~PPINGER WAPPINGER/TOWN OF ~°~`~'~~,~~~~ ~:I~ERk~ ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 TO PLACE A CLASSIFIED AD PLEASE CALL (845) 471-7355 AD NUMBER CLASS DESCRIPTION START DATE SIZE RUNS AMOUNT 0103519682 000 LEGAL NOTICE OF ESTO 08/21/13 101 1 48.99 0103519682 000 LEGAL NOTICE OF ESTO 08/21/13 101 1 0103519682 AFFIDAVIT CHARGE 08/21/13 40.00 PHONE NUMBER 845-297-5771 1000 88.99 TERMS: PAYABLE UPON RECEIPT * TO ASSURE PROPER CREDIT, DETACH AND RETURN THIS PORTION WITH REMITTANCE * Check payable to: THE POUGHKEEPSIE JOURNAL ^ Vsa ^ Mastercard ^ American Express ^ Discover 88.99 0103519682 08/21/13 Credit Card No. ignature xpvation ont ear ^ PLEASE CHANGE MY ADDRESS AS INDICATED ON REVERSE ' X7,03519682000088997 WAPPINGER/TOWN OF ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 INVOICE ~Poughhee.~uie Journal PO BOX 1629 BINGHAMTON, NY 13902-1629 8 4 5- 2 9 7- 5 7 71 10 0 0 ~oughheepuie .~ ournal P.O. BOX 1231 8S CIVIC CENTER PLAZA POUG}II~EPS[E, NY 12602 BUSINESS OFFICE: (845)451-0557 SOUTHERN NORTHERN 84 EAST WAPPINGERS DUTCHESS NEWS DUTCHESS NEWS MAIN STREET FALLS, NY 12590 Affidavit of Publication To: TOWN OF WAPPINGERS FALLS C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Re: Legal notice #88635 State of NEW YORK SS: County of DUTCHESS I, CYNTHIA MCDONALD, being duly sworn, depose and say: that I am the Publisher's Representative of Southern Dutchess News, a weekly newspaper of general circulation published in WAPPINGERS FALLS, County of DUTCHESS, State of NEW YORK; and that a notice, of which the annexed is a printed copy, was duly published in Southern Dutchess News once on 08/21/13. ~ ~ /L Sworn to before m this 21st day of August, 2013 ~~TANCY YDUK Notary Public, State of NEW YORK No. O1HY6221990 Qualified in DUTCHESS County My commission expires on June 14, 2014 ~i ~~C~~~~~~ AUG 2 ~ 2013 °~~~ar~,03`,~d ~""~ LEGAL NOTICE OF ESTOPPEL Thebond resolution, a summary of which is published:... trerewith, has been-adopiaed 6n June24,2013,andthe validity of the obliga- tions. authorized by such resolutkm may be hereafter con- JUNE24,2013. tested only ifsuch ob- A RESOLUTION AU- ligatonswereautfior- THORIZING, . SUB- ized #or an object or JECT TQ PERMIS- Purpose forwhich the SIVE REFEREN- Town of Wappinger, DtlM, 7HE CON- Dutchess County, STRUCTION OF New York, is not au- .DRAINAGE IM- thorized to expend PROVEMENTS AT money, or if the provi- WILDWOOD DRIVE sions of law _ ~nrhich .AND GRANGER should.. have b PLACE IN AND. FOR compiiedwithasofthe THETOWNOFWAP- date of publication of P I N G E R this notice were not , D U T C H E S S substantially com- COUNTY, NEW plied with, and an ac- YORK, AT A MAXI- tion, suit or proceed- MUM. ESTIMATED ing ,contesting. such . COST QF $500,000, validityiscommenced AND AUTHORIZING within twenty days af- THE ISSUANCE OF terthedateofpublica- $500,000BONDSOF tion of this notice, or SAID TOWN TO PAY .such obligationswere THE COST authorizedinviolation THEREOF. oftheprovisionsofthe .Class of objects or Constitution. Such purposes: Construc- resplution was sub- tion of drainage im- ject to permissive ref- provements at Wild- erendum. The period wood Drive and oftimehaselapsedfor Granger Place in and thesubmissionandfil- for the Town of Wag- ing of a petition fora ginger permissive referen- Period of probable dum, and a valid peti- usefulness: 40 years, tibn has not been sub- subject to permissive Knitted andfiled in con- referend+sm nection with such res- Maximum estimated olution. cost: $500,000 Acompletecopyofthe Amountofobligations resolution summa- to be issued: rizedher'ewithisavail- $500,000 serial ablaforpublicinspec- bonds. tidn during regular SARA Status:. Un- business hours at the listed Action as to Office of the Town Wildwood Drive (neg- Clerk for a period of ative declaration) and twenty days from the Type II Action as to date of publication of Granger place. SE- this'Notice. QRA compliance ma- Dated: Wappingers terials on file in office Falls, Newyork, of the Town Clerk and August 19, 2013. can be inspected dur- JessicaFulton ing n3gular business Deputy Town Clerk hours. ..BOND RESOLUTION DATED i Southern Dutchess News 84 East Main Street Wappingers Falls, NY 12590 (845) 297-3723 Fax (845) 297-6810 INVOICE 08/20/13 TOWN OF WAPPINGERS FALLS C/0 TOWN CLERKS OFFICE 20 MIDDLEBUSH RD. WAPPINGERS FALLS, NY 12590 Issue Dates Description Phone: 845-297-5771 Your sales representative is: Legal Ads Amount In Southern Dutchess News and Beacon Free Press: LEC; : LEGALS 08/21/13 Legal Notice - 122 Lines $ 49.41 #88635 NTC ESTOP CONSTR DRAIN WIL 0.00 Affidavit Charge - 2 50.00 TOTAL CHARGES ----------> $ 99.41 (Ad #88635) u u L7 .''1- ~ ~Gc'~~~~DD AUG 2 ~ 2013 TOI~I OF WAPPINGER, NY ,~0. Box 324, Middlebush Road 1Nappingers Falls, N.Y. 72590 PURQ~ASE ORDER & VOUCHER .~ f - ~ cuuMANrs SOITfHERN DUTCHES~ (1IEIN6 NAMEAND t~ EAST MAIN eT~E~T ADDRESS~~~GERS E~ILLB, NY 1>~~~~ J =RMS VENDOR'S ~ , REF.NO. ~ DATES t1UANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT ~~~-~ ~13 ' ~~G~'L : ~ ~'~3 ~ /NoncE ~5TO~~~ 'Corps i vN fir, {,I~: (~:.=~' r f~ ~~~~[D AUG 2 ~ 2013 ,,, ~.,,_ ~S ,t`1 ~F ~~,? i ~~! ~ ~ a~ fir,' / ~ ~ r I I TOTAL ~ I I 7' ~/~ I I. b ~ ~ /~L C_~~ '^ ~"" `~ certify tl~al tf,e above amount-ar the amount o(S ~~ ~/ is 4ue and mneQ OiaQ Yie hems, services, and disbursements ciia?Bed were rarWered b a for the munidpaliry on the dales staled: chat no part has been paid ar satisfied; Thal lanes, from which the murriapafi[y a exmyled, are not irKiuded: and that the amount chimed is aduaNy due DATE ~ IGNATURL' TITLE rcoerr orr nw rn~ ui uur~rowi ~ ~o~. DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct ,~ DATE ~ AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This daim is approved paid from the appropriations indicated above DATE COMPTROLLER Purd~ase s Order No. ~ DO NOT WR/TElN THIS BOX