UWWD Orrick #42290-2-62 (4)
WHEREAS, a public hearing was duly held at the time and place set forth in said notice,
and said public hearing was adjourned to April 8, 2013 and Apri122, 2013, at which hearings all
persons desiring to be heazd were duly heard;
NOW, THEREFORE, BE IT ORDERED, by the Town Boazd of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found
and determined that it is in the public interest to make the increase and improvement of the
facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess County,
New York, being (1) the purchase and installation of cartridge filter facilities, including building
and building additions and reconstruction at the Atlas and Hilltop Well Fields located at Helen
Drive and at Deer Run Road in said District and (2) purchase and installation of approximately
7,2501ineaz feet of 8" water main from the Meadowwood Wells to All Angels Hill Road (Route
94) and at Route 9 at MacFazland Road in said District, including, in each case, original
equipment, machinery, appazatus, furnishings, appurtenances, and incidental improvements and
expenses in connection therewith, at a maximum estimated cost of $4,040,000.
Section 2. This Order shall take effect immediately.
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
COUN~'S~2~GP.~~K'S pF~E
t~U1'
~D
ACE .
' ~ The Resolution is hereby duly declazed adopted.
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CLERK
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_. S'.HRISTINE FTTT.T(~ :T.F.RK
__'C(~~IiLfli (
STATE OF NEW YORK,
COUNTY OF DUTCHESS, T ss.:
TOWN OF WAPPINGER )
I, CHRISTINE FULTON, Town Clerk of the Town of Wappinger, N.Y., do hereby certify that I have compared the
foregoing copy of Resolution 2013-125; Public Interest Order in the Matter of the Increase
and Improvemnt of Facilities of the United Wappinger Water District in the Town of Wappinger
zess County, New York
with the original record thereof now remaining on file or of record in the office
and have found the same to be correct transcript therefrom and the whole of
such original record.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my
seal of office, this -- day/o -- ~ 20-~-
/ f?~~.~,~7vva ,P,r.~~L'~., ,Town Clerk
END OF DOCUMENT By
Deputy Clerk
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2013-126 ~',;
Resolution Authorizing the Issuance of $4,040,000 Serial Bonds of the Town of Wappinger,
Dutchess County, New York, to Pay the Cost of the Increase and Improvement of the
Facilities of the United Wappinger Water District, in the Town of Wappinger, Dutchess
County, New York
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 Apri122,
2013.
The meeting was called to order by Bazbaza Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Bazbaza Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, the capital project hereinafter described has been determined to be a Type I
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, it has been determined will not result in a significant
environmental effect; and
WHEREAS, pursuant to the provisions heretofore duly had and taken in accordance with
the provisions of Section 202-b of the Town Law, and more particularly an Order of even date
herewith, the Town Boazd has determined it to be in the public interest to improve the facilities
of the United Wappinger Water District, in the Town of Wappinger, Dutchess County, New
York, at a maximum estimated cost of $4,040,000;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of
Wappinger, Dutchess County, New York, as follows:
Section 1. For the specific object or purpose of paying the cost of the increase and
improvement of the United Wappinger Water District, in the Town of Wappinger, Dutchess
County, New York, (the "Water District"), being (1) the purchase and installation of cartridge
filter facilities, including building and building additions and reconstruction at the Atlas and
Hilltop Well Fields located at Helen Drive and at Deer Run Road in said District and (2)
purchase and installation of approximately 7,250 linear feet of 8" water main from the
Meadowwood Wells to All Angels Hill Road (Route 94) and at Route 9 at MacFazland Road in
said District, including, in each case, original equipment, machinery, appazatus, furnishings,
appurtenances, and incidental improvements and expenses in connection therewith, at a
maximum estimated cost of $4,040,000, which specific object or purpose is hereby authorized at
said maximum estimated cost, there are hereby authorized to be issued not to exceed $4,040,000
serial bonds of said Town pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the plan for the fmancing thereof is by the
issuance of the $4,040,000 serial bonds of said Town authorized to be issued pursuant to this
bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty yeazs pursuant to subdivision 1 of paragraph a of
Section 11.00 of the Local Finance Law.
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 yeaz sufficient to pay the principal of and interest on such bonds becoming due and
payable in such year. To the extent not paid from monies raised in said United Wappinger Water
District, 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
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 powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such
bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for
the interests of said Town, including, but not limited to, the power to sell said bonds to the New
York State Environmental Facilities Corporation; provided, however, that in the exercise of these
delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance
Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds.
The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall
not be obliged to see to the application of the purchase money.
Section 7. All other matters except as provided herein relating to the serial 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 serial 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 8. The Supervisor is hereby further authorized, at her sole discretion, to
execute a project finance and/or loan agreement, and any other agreements with the New York
State Department of Health and/or the New York State Environmental Facilities Corporation,
including amendments thereto, and including any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the financing or refinancing of the specific object or
purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said
Town in the event of the sale of same to the New York State Environmental Facilities
Corporation.
Section 9. The power to issue and sell notes to the New York State Environmental
Facilities corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated
to the Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by
said Supervisor consistent with the provisions of the Local Finance Law.
Section 10. 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 aze authorized in violation of the provisions of the Constitution.
Section 11. 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 aze 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 12. This resolution, which takes effect immediately, shall be published in
summary form in the official newspaper, 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 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
4/22/2013
The Resolution is hereby duly declared adopted.
STINE FUL ,TOWN CLERK
CERTIFICATION
STATE OF NEW YORK )
ss..
COUNTY OF DUTCHESS )
I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York (the
"Issuer"), DO HEREBY CERTIFY:
1. That a meeting of the Issuer was duly called, held and conducted on the 11th day of
March, 2013, 8th day of April, 2013 and the 22"d day of Apri12013.
2. That such meeting was a regular 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 - 01/07/2013
Southern Dutchess News - 01/07/2013
POSTING
Town Hall Sigh Board - 01/07/2013
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer
this ~~day of April, 2013.
U~,
Town Clerk
(CORPORATE SEAL)
SOUTHERN DUTCHESS NEWS
NORTHERN DUTCHESS NEWS
84 EAST MAIN STREET
WAPPINGERS 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 #88306
State of NEW YORK
SS:
County of DUTCHESS
I, CYNTHIA MCDONALD, being
and say: that I am the Publ
Representative of Southern
weekly newspaper of general
published in WAPPINGERS FA
DUTCHESS, State of NEW YOR
notice, of which the annex
copy, was duly published i
News once on 05L01/13.
duly sworn, depose
fisher's
Dutchess News, a
circulation
LLS, County of
K; and that a
ed is a printed
n Southern Dutchess
//'/
Sworn to befo~f~ me this 1st day of May, 2013
v
NANCY/ HYDUk~E
Notary Public, State of NEW YORK
No. O1HY6221990
Qualified in DUTCHESS. County
My commission expires on June 14, 2014
G°~~C~-~~Mi~D
MAY ~ ~ 2013
TOWN O~ "~~~~i~INGER
TOW~i CLERK
k~sip a4~ ut 'Z5
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LEGAL NOTICE OF ' ~UlUaddBH '$~
ESTOPPEL
Thetwndresolution,a
S,l'~ogi.lE~ 'Lb
sumrriary of which is S u18alaa '91~
published herewith, ' aCtp lsBd •~
has tjeen adopted on
Apri122, 2013, andthe
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validity of the ob~iga- d4~ alq~l '$£ s
tions suthorized, by
lution may
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be here~+er con- d ui8~1a~ '~ ~ -
tested Qnly if sue- i3 iseaptW 'Z£ ~
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thorized to expend ~~~
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should ;have been SaipuB~ 'gZ ~-
compfiedwithasofthe ~~,. c,s~vnn •,,~ _ p-
furnishings,
paratus
date of publication of
this r>ot~e were not ,
appurtenances, and
substantially com- incidental improve-
~ and expenses
plied with, and an ao-
suit or proceed-
tion in oonnecti~ there-
,
ing contesting such
vaiidltgiscommenced with
perloc! of probable
whin twenty days af- .usefulness: .
Forty years
terthedateofpublica-
tion of this notice
cx' Maximum estimated
?
such obtigationsvye+e cost: $4,040,000
Amount of '
authorizedlnviotation
oftheptovisionsofthe obligations to be
' issued: $4,04Q,000
__ _-
Acempletecopyofthe
~na~ ~' d
SEt'~#'tA n s
status: I
resolution summa-
rizedhen=;withisavail- TYPelAction~~g~-;
able i'orpublic inspec- tive deWaration.
tion during regular SEftRAcxampliance
materials on fife in
business hours at the
Office of the Town °ofTown Clerk
.Clerk for a period of where they maybe
inspected duritrg
twenty days from the
date. of publication 01 ° hours.
Southern Dutchess News
84 East Main Street
Wappingers Falls, NY 12590
(845) 297-3723 Fax (845) 297-6810
INVOICE 04/25/13
TOWN OF WAPPINGERS FALLS Phone: 845-297-5771
C/O TOWN CLERKS OFFICE
20 MIDDLEBUSH RD. Your sales representative is:
WAPPINGERS FALLS, NY 12590 Legal Ads
Issue Dates Description
In Southern Dutchess News and Beacon Free Press:
LEG: LEGALS
05/01/13 Legal Notice - 127 Lines $
#88306 NTC ESTOPPEL BOND RES 4/22
Affidavit Charge - 2
TOTAL CHARGES ----------> $
(Ad #88306) ~~~ r, '~ -
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TOE MAY 0,~ 203
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Amount
51.44
0.00
50.00
101.44
TOYN OF WAPPINGER, NY
• PO. Box 324, Middlebush Road
1Nappingers Falls, N.Y. 12590
PURQ~ASE ORDER & VOUCHER
1-
~~~5 S0~-~IERN DUTCHES~ NF1NS
N,v.+ErwD ~ EAST MAIN 8TF3E~T
AD°~~WAPP~JGERS FALLB, NY 1~~9A
Purd~ase
Order No. ~ ~
DO NOT WR/TE IN THIS BOX
Dale Voudrer Received
FUND -APPROPRIATION AMOUNT
J ABSTRACT NO.
VENDOR'S
TOTAL
I DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT
-~ ~ I ~J .`~~L ` 8 ~~30 (o /Ua77C ~ ~.s%a P~'~ .~ oN1~ ~~S ~/az ~~ ~ ~y
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1. ~' " ~ ` oertily Ihat the above armunl-'ar the arno~ml ors / ~ /~ ~ "
is Irve and rnrre[T that Gems, services. and d'abursemenLS draped were rendered bar for pie mu .. on Cie darts staled: Ihat no rt has been or sa'
murdd fi a n~Mh Pa Pad hsfied, that laws, from wh~lt the
. pa ty ~ cxerrgled. are rwl iraiuded; and that the amount chimed is actually due /'
S ~ ~ ~ ~ G~,~t:~t- ~64 ~CP~i~--
DATE 51GNATU TITLE
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 OFRCIAL
APPROVAL FOR PAYMENT
This daim is approved paid from the appropriations indicated above
DATE COMPTROLLER
'~ough~eepsie Journal
ro~~eePs~e, N.v.
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
n ~ ~cessively, in each week, commencing on the ~~
~f aay of i rta in the year of 2013 and
MAY U 6 2 13 on the f llowing dates thereafter, namely on:
TOWN OF W~ PI
TC~1~~~~ ~'l.~R
And ending on the day of
in
the year of 20 3 ,both days inclusive.
t~-
Subs r'bed and sworn to before me this ~ day
of in the year of 2013_
Notary Public
My commission ex
ROSE ANN SIMPSON
Notary Public, State of New York
No. 01 SI6215893
Qualified in Dutchess County
~mmiss~on Expires January 4, 2014
P.O. Box 324, Middlebush .Road
Wappingers Falls, N.Y. 12590
PUROHASE ORDER & VOUDHER
CLAIMANT'S
NAME AND
ADDRESS Poughkeepsie Journal .
L_
TERMS
Order Na.
DO NOT WRITE IN THIS BOX
Dale Vnucher Received
FUND-APPROPRIATION ~ AMOUNT
J
ABSTRACT NO.
VENDOR'S
- REF.NO.
DATES I I QUANTITY DESCRIPTION OF MATERIALS OR SERVICES
ad # 3489270- legal 9270-5/1/2013
Bond $4,040,000-Wapp. Water Dist.
MAY ~ 6 2013
TOWN ~~r= V'~_~P~~`~I~GER
~~~.
.. ~,
aerlify that the above account in the amount of S
Jtly on the dales staled: Ihat no part has been paid or salisled; that taxes, Irom which the
I, Rita Lombardi
is due and correct; that the i~ems, services, and disbursements charged a rendered to or for
municipality is exempted, are not included; and that the ameunl claime i • actually due
5/1/2013
DATE SIGNATURE
(SPACE BELOW FOR MUNICIPAL USE)
DEPARTMENT APPROVAL
The above services or materials were rendered or
furnished to `lie municipality on the dates stated and the
charges are correct
J ~: ~~ ~ ~
DATE ~ AUTHORIZED OFFICIAL
UNIT PRICE AMOUNT
9.47
TOTAL
Pri nc~i pal C'1 arlr
TITLE
APPROVAL FOR PAYMENT
This claim is approved paid from the appropriations indicated above
DATE
TOTAL
COMPTROLLER
CLASSIFIED
~ough~eep~sie
OUr111C.com
A GANNETT COMPANY
ADVERTISING
INVOICE
P.O. BOX 1231
83 CIVIC CENTER PLAZA
POUGHKEEPSIE. NY 12602
BUSINESS OFFICE:(843)431A337
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i ®, ~~~ ~J ~D BILL DA
~~
~5/O1/13
MAY ~ 6 2013
O~,F ~.,_ y,~~ ~~ ~~ ~~9GER
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
0103489270 000 LEGAL NOTICE OF ESTO 05/01/13 102 1 49.47
0103489270 000 LEGAL NOTICE OF ESTO 05/01/13 102 1
0103489270 AFFIDAVIT CHARGE 05/01/13 40.00
PHONE NUMBER
845-297-5771 1000
89.47
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
89.47 0103489270 05/01/13 credit and o.
igneture xpiration n ear
^ PLEASE CHANGE MY ADDRESS AS INDICATED ON REVERSE
01,~348927~0~~089473
WAPPINGER/TOWN OF
ATTN:TOWN CLERK
20 MIDDLEBUSH RD
WAPPINGERS FALLS NY 12590-4004
INVOICE
~oughheepuie .~ournal
PO BOX 1629
BINGHAMTON, NY 13902-1629
8 4 5- 2 9 7- 5 7 71 10 0 0 ~oughhee,~uie .~ ournal P.O. DOX 1231
83 CIVIC CENTER PLAZA
POUGHIO;EPSIE. NY 12602
DUSINESS OFFICE: (843)451-0357