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HomeMy WebLinkAboutResolution 2003-10-14 a motion made by Trustee Rosenberg and seconded by Trustee Goodman the ollowing resolution was adopted: BOND RESOLUTION DATED OCTOBER 14,2003. A RESOLUTION AUTHORIZING THE ISSUANCE OF $350,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE CONSTRUCTION OF A NEW FIRE HOUSE IN AND FOR SAID VILLAGE. WHEREAS,by bond resolutions dated January 22,2002 and June 25,2002,the oard of Trustees of the Village of Rye Brook, Westchester County, New York, thorized the issuance of$3,100,000 serial bonds of said Village to pay the cost of the construction of a new fire house, in and for the Village of Rye Brook, Westchester County, New York, including original fumishings, equipment, machinery, apparatus, appurtenances,and incidental improvements and expenses in connection therewith,and WHEREAS, during such construction it was discovered that certain soil at the site is contaminated and must be removed and such contaminated soil remediated;and WHEREAS, it is estimated that the cost of such removal and remediation of such contaminated soil will cost $350,000 and it is now desired to authorize the issuance of$350,000 serial bonds of said Village of pay such costs and such additional costs of construction of such fire house;NOW,THEREFORE,BE IT RESOLVED, that the Village has authorized the following payments for the proper removal of the contaminated soil remediation: Etre Associates $296,259.17 Airtek Environmental Services $38,601.67 Stallone Testing&Labarotories,Inc. $5,994.88 AND BE IT FURTHER RESOLVED, by the Board of Trustees of the Village of Rye Brook,Westchester County,New York,as follows: Section 1. For the specific object or purpose of paying additional costs of the construction of a new fire house in and for the Village of Rye Brook, Westchester County, New York, including the removal and remediation of contaminated soil and incidental expenses in connection therewith, there are hereby authorized to be issued an additional $350,000 serial bonds of said Village pursuant to the provisions of the Local Finance Law. pECEC wE OCT 2 0 2003 VILLAGE OF RYE BROOK BUILDING DEPi. _2_ Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is$3,450,000, and that the plan for the financing thereof is as follows: (a) by the issuance of the $250,000 serial bonds of said Village authorized to be issued pursuant to bond resolution dated January 22,2003;and (b) by the issuance the additional $2,850,000 serial bonds of said Village authorized to be issued pursuant to bond resolution dated June 25,2002; and (c) by the issuance of the additional $350,000 serial bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefiilness of the aforesaid specific object or purpose is thirty (30) years, pursuant to subdivision l l(ax 1)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 will not exceed five years. Section 4. 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 Village Treasurer, 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 Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester 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. There shall annually be levied on all the taxable real property of said Village, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate -3 - seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Village, provided, however, that in the exercise of these delegated powers, he or she 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 Village Treasurer 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 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the name of the Village by the facsimile signature of the Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. 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 52.00 of the Local Finance Law, as the Village Treasurer shall determine. -4- Section 9. 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 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 Village 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 11. This resolution, which takes effect immediately, shall be published in full in The Journal News, which is hereby designated by the Board of Trustees as the official newspaper for this purpose,together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye ,Mate of Xefn lJork Qlountg of Pestchester ss Village of 2Rgerook I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of October 14, 03 Rye Brook which was duly passed by said Board on ,20 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village 15th October 03 of Rye Brook,this day of .20 Village Clerk Christopher J. Br ry