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1967-10-09 RGM (adj)An Adjourned Meeting of the Town Board of the Town of Wappinger was held on monday, Oct. 9, 1967 at 7:11 P.M. at the Town Halle Mill St. Wappingers Falls, N.Y. Members Present: Joseph Fulton, Supervisor William Bulger, Justice of the Peace Vincent Francese, Justice of the Peace Louis Diehl, Councilman Louis Clausen, Councilman Others Present: Knud Clausen, Highway Supt. Rudolph Lapar, Engineer to the Town Quinn & Reilly, Attorneys to the Town Joseph pudewig, Building Inspector The following resolution was offered by Mr. Fulton who moved its, adoption, seconded by Mr. Bulger: RESOLUTION NO. 42 - YEAR 1967 BOND RESOLUTION DATED OCTOBER 9, 1967. A RESOLUTION AUTHORIZING THE ACQUISIION OF EXISTING SANITARY SEWER FACILITIES AND THE RECONSTRUCTION OF SAID SANITARY SEWER FACILITIES AND THE CONSTRJJCTION OF ADDITIONS THERETO TO SERVE OAKWOOD KNOLLS SEWER DISTRICT OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $70,p00.00 AND AUTHORIZING THE ISSUANCE OF $70,000.00 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. In accordance with proceedings heretofore taken pursuant to the provisions of Article 12 of the Town Law, including particularly an order of the Town Board of the Town off Wappinger, Dutchess County, New York, adopted on August 5, 1965, the acquisi- tion of,the existing sanitary sewer system located within the boundaries of the Oakwood Knolls Sewer District of said Town and the reconstruction of said sanitary sewer system and the construc- tion of additions thereto to serve said district, substantially in accordance with the map and plan accompanying the Oetition for said district, and hereby authorized at a maximum estimated cost of $70,000.00. Section 2. The plan for the finanding of such maximum estima- ted cost is by the issuance of $70,000.00 serial bond's 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 40 years pursuant to subdivision 4 of paragraph a of section 11.00 of the Local Finance Law. It is hereby further determined that the maxi- mum maturity of the serial bonds herein authorized will exceed five (5) years. Section 4. The faith and 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 payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Oakwood Knolls Sewer District which the Town. Board shall determine and specify to be especially benefited by the improvement an amount suff- icient to pay the principal and interest of 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 ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds.as the same shall be- come due. Section 5.. Subject to the provisions of the Local Finance Law the power to authorize the issuance of and to sell bond antic- ipation 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 content and shall be sold in such manner as may be prescribed by said Supervisor consistent to the provisions of the Local Finance Law. if, Section 6. The validity of such bonds may be contested only 1. Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, 2. The provisions of law-shich,should be complied with at the date of publication of this resolution are not substant- ially complied with, And an adtion, suit or proceeding contesting such validity is commenced within 20 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 shall take effect immediately, shall be published in full in the W. & S. D. News, the official Town newspaper, together with the 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: 5 Ayes. The resolution was thereupon declared duly adopted. Mr. Diehl called for discussion prior to the vote which revolved around the acquisition of the L & A plant - access into the Oakwood plant - relation of L.& A to Oakwood Sewer Distfidt - and the L & A Contract. After the vote Mr. Lafko asked Mr. Quinn if now that his -litigation against the Oakwood Development was now being reactivated, would the Bonding Co. look favorably on the bonds. Mr. Quinn answered "yes" adding that he thought.that they would give an unqualified opinion. Mr. Lafko asked that the record show that the litigation is in effect. Mr. Quinn stated that as he understood this question -on the basis of the adoption of this Resolution, and the appropriate advertising, will bonding counsel give an unqualified opinion - it's his opinion that they Will. The following resolution was offered by Mr. Francese who moved its adoption, seconded by Mr. Fulton: RESOLUTION NO. 43 - YEAR 1967 BOND RESOLUTION DATED A RESOLUTION AUTHORIZING THE ACQUISITION OF EXISTING WATER SUPPLY AND DISTRIBUTION FACILI- TIES AND THE RECONSTRUCTION OF SAID WATER SUPPLY AND DISTRIBUTION FACILITIES AND THE CONSTRUCTION OF ADDITIONS THERETO TO SERVE OAKWOOD KNOLLS WATER DISTRICT OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $40,000.00 AND AUTHORIZING THE ISSUANCE OF $40,000.00 SERIAL BONDS OF SAID TOWN TO PAY THE COST THEREOF. BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. In accordance with proceedings heretofore taken pursuant to the provisions of Article 12 of the Town Law, including particularly an order of the Town Board of the Town of Wappinger, Dutchess County, New York, adopted on March 31, 1967, the acquisition of the existing water supply and distribution system located within the boundaries of the Oakwood Knolls Water District of said Town and the reconstruction of said water supply and distribution system and. the construction of additions thereto to serve said district, and hereby authorized at a maximum estimated cost of $40,000.00. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of $40,000.00 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 ofprobable usefulness the aforesaid specific object or purpose is 40 years pur- suant,to subdivision 1 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 exceed five (5) years. Section 4, The faith and 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 payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Oakwood Knolls Water District which the Town Board shall determine and specify to be especially, benefited by the improvement an amount sufficient to pay the principal and interst of 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 ad valorem taxes 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 content and shall be sold in such manner as may be prescribed by said Supervisor consistent to 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, 2. Theprovisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, y• And an action, suit or proceeding contesting such validity is commenced within 20 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 shall take effect immediately, shall be published in full in the W. & S.D. News, the official town news- paper, together with the 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: 5 -Ayes. The resolution was thereupon declared duly adopted. Mr. Fulton then asked if the Board was prepared to propose members for the CATV committee. Mr. Clausen submitted the name of Mr. Francese submitted Mr. Bulger submitted Mr. Diehl submitted Mr. Fulton submitted Edward Valentine - Top O'Hill Rd. Sidney Lipman Red Oaks Mill Lawrence Kanter - Wheeler Hill Rd. James Boyle - Cider Mill Loop Robert L'Archevesque - Barbara Lane Mr. Fulton wished to suggest additional members for the Village government if the Board would allow, since the Village would be concerned with the same situations. Mr. L. Clausen recommended that the Town Committee get underway, then let them -contact the Village, and make recommendations. Mr. Fulton brought up the request from Highway Displays concerning Town action in connection with their application to the Village for CATV. Action had been tabled at the October 5th meeting on the request for the Town's consent to Highway Displays to transmit the signal from their tower, located in the Town, to the Village of Wappingers Falls. Mr. Fulton made a motion authorizing Highway Displays, Inc. the use of their signal and their tower, located in the Town of Wappinger, for the purposes of the initiating of a signal for use in the Village of Wappingers Falls. Seconded by Mr. Diehl. Motion unanimously carried. Motion to adjourn made by Mr. Bulger, seconded by Mr.-Francese and unanimously carried. Meeting adjourned at 8:16 P.M. Elaine H. Snowden Town Clerk