The Books Keeper, LLC. Arts of Org. filed with the SSNY on 6/13/19.
Office: Westchester Cty, SSNY design. as agent upon whom process may be served.
SSNY shall mail SOP to the LLC, 22 Wilton Road Rye Brook, NY 10573. General Purpose.
|
Case # 2018-0169
Notice of Hearing
on Application
Notice is hereby given that the
Planning Commission of the Village of Port Chester, New York will hold a PUBLIC
HEARING on July 29, 2019 at 7:00 pm, at the Court Room, Police Headquarters Building,
350 North Main Street, Port Chester, New York to review an application submitted
by Pierre Sarrazin of Sarrazin Architecture on behalf of 66 Pearl Street Realty,
LLC for property located at 66 Pearl Street, Port Chester, NY known and designated as Section 142.30, Block 1, Lot 75 to consider request to:
demolish existing 2 story residential building, and an addition of existing car
repair garage building with site upgrades and redesign of parking
Anthony Baxter, Chairman
Village of Port Chester,
Planning Commission
Date: July 8, 2019
Port Chester, NY 10573
|
Case # 2018-0183
Notice of Hearing
on Application
Notice is hereby given that the
Planning Commission of the Village of Port Chester, New York will hold a PUBLIC
HEARING on July 29, 2019 at 7:00 pm, at the Court Room, Police Headquarters Building,
350 North Main Street, Port Chester, New York to review an application submitted
by John C. Armentano of Farrell Fritz, PC of behalf of Home Depot for property located
at 150 Midland Avenue, Port Chester, NY known and designated as Section 142.61, Block 1, Lot 2 to consider a request for an amendment to Site Plan
for seasonal and permanent outdoor storage of materials
Anthony Baxter, Chairman
Village of Port Chester,
Planning Commission
July 8, 2019
Port Chester, NY 10573
|
ADDENDUM #1
PUBLIC NOTICE
NOTICE TO BIDDERS
2019
ROAD RESURFACING
BID NO. 2019-07
VILLAGE OF PORT CHESTER
WESTCHESTER COUNTY, NEW YORK
NOTICE IS HEREBY GIVEN that sealed bids will be received by the
Village of Port Chester until 2:00 p.m. local time on Wednesday July 24th
2019, at the Office of the Village Clerk, 222 Grace Church Street, Port Chester,
New York 10573, at which time and place said sealed bids will be publicly opened
and read aloud for the work:
Milling of existing roadway
pavement and replacing with top course, base course and truing and leveling course
as required, adjusting and or installing new valve boxes, manhole covers and catch
basins, replacement of curbing, sidewalks and ADA ramps as needed, repair of existing
and installation of new drainage structures, and appurtenant work all in accordance
with Port Chester and NYSDOT requirements.
No bids will be received or considered after the time stated above.
Specifications and Bid Proposal Forms may be procured at the Office
of the Village Clerk, 222 Grace Church Street, Port Chester, New York on Wednesday
July 10th, 2019 upon payment of a cash fee, certified check or money
order of $30.00 for each set refundable to bidders only.
A bid bond, certified check or bank check in the amount of 5%
of bid must accompany the bid proposal.
All bids must be submitted in a sealed envelope bearing the name
and address of the bidder and clearly marked “BID NO. 2019-07 FOR 2019 ROAD RESURFACING”.
The Board of Trustees of the Village of Port Chester reserves
the right to accept or reject any or all bids and to waive any informalities at
their discretion, and to award contracts in a manner deemed to be in the best interests
of the Village of Port Chester even if such award is to other than the lowest bidder.
It is intended that, whenever possible, positive recommendations
will be presented to the Board of Trustees so that an awarding of the bid can be
made at the next scheduled meeting. Your
cooperation in adhering to the procedures outlined above and contained within the
specifications would be greatly appreciated.
Christopher Steers
Village Manager
Village of Port Chester
Dated: July 19, 2019
|
PUBLIC NOTICE
NOTICE TO BIDDERS
REPLACEMENT OF ROOFING WITH METAL
ROOFING AT BROOKSVILLE FIRE HOUSE
PORT CHESTER NY, BID NO. 2019-08
VILLAGE OF PORT CHESTER
WESTCHESTER COUNTY, NEW YORK
NOTICE IS HEREBY GIVEN that sealed
bids will be received by the Village of Port Chester until 11:00 a.m. local time
on July 31st, 2019 at the Office of the Village Clerk, 222 Grace Church
Street, Port Chester, New York 10573, at which time and place said sealed bids will
be publicly opened and read aloud with regard to:
Replace Asphalt Roofing with Metal
Roofing at Brooksville Fire House (509 Willett Ave., Port Chester, N.Y.)
No bids will be received or considered
after the time stated above.
Specifications and Bid Proposal
Forms may be procured at the Office of the Village Clerk, 222 Grace Church Street,
Port Chester, New York or may be accessed from the Village’s website at www.portchesterny.com
on or after July 19th, 2019.
A bid bond, certified check or bank
check in the amount of 5% of bid must accompany the bid proposal. No bidder may
withdraw a bid within forty-five (45) days after the deadline for submitting a bid.
All bids must be submitted in a
sealed envelope bearing the name and address of the bidder and clearly marked “REPLACE
ROOFING WITH METAL ROOFING AT BROOKSVILLE FIRE HOUSE BID NO. 2019-08”
The Board of Trustees of the Village
of Port Chester reserves the right to accept or reject any or all bids and to waive
any informalities at their discretion, and to award contracts in a manner deemed
to be in the best interests of the Village of Port Chester even if such award is
to other than the lowest bidder.
It is intended that, whenever possible,
positive recommendations will be presented to the Board of Trustees so that an awarding
of the bid can be made at the next scheduled meeting. Your cooperation in adhering
to the procedures outlined above and contained within the specifications would be
greatly appreciated.
/s/Christopher Steers
Christopher Steers
Village Manager
Village of Port Chester
Dated: July 19th, 2019
|
BOND RESOLUTION, DATED JUNE 18,
2019, AUTHORIZING THE ISSUANCE OF UP TO $2,000,000 AGGREGATE PRINCIPAL AMOUNT SERIAL
BONDS OF THE TOWN OF RYE, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO
THE LOCAL FINANCE LAW, TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION AND
RECONSTRUCTION OF FACILITIES OF THE RYE TOWN park COMMISSION
WHEREAS, the Town Council of the Town of Rye (the “Town”), a municipal
corporation of the State of New York, located in the County of Westchester, hereby
determines that it is in the public interest of the Town to authorize the financing
of the costs of the acquisition, construction and reconstruction of facilities of
the Rye Town Park Commission, including improvements to accessibility, security
and information technology improvements, replacement of maintenance and safety equipment
and vehicles, upgrades to existing facilities and structures and related parking
and infrastructure, and including the acquisition of any applicable equipment, machinery,
apparatus, land and rights-in-land necessary therefor and any preliminary and incidental
costs related thereto (collectively, the “Project”), at a total estimated cost not
to exceed $2,000,000, in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Rye, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Town, and/or bond anticipation
notes issued in anticipation of the issuance
of such serial bonds, in the aggregate principal amount not to exceed $2,000,000,
pursuant to the Local Finance Law, in order to finance the costs of the Project.
Section 2. The Town Council has ascertained and hereby states that
(a) the estimated maximum costs of the Project are not to exceed $2,000,000; (b)
no money has heretofore been authorized to be applied to the payment of the costs
of the Project;
(c) the Town Council plans to finance the costs of the Project from
the proceeds of the serial bonds authorized herein, and/or of bond anticipation
notes issued in anticipation of the issuance
of such serial bonds; (d) the maturity of such serial bonds authorized herein shall
be in excess of five (5) years; and (e) on or before the expenditure of moneys to
pay for any costs in connection with the Project for which the proceeds of any obligations
authorized herein are to be applied to reimburse the Town, the Town Council took
“official action” for federal income tax purposes to authorize the capital financing
of such expenditure.
Section 3. It is hereby determined that the Project is a specific
object or purpose, or of a class of object or purpose, as described in subdivision
19(c) of paragraph a of Section 11.00 of the Local Finance Law and that the period
of probable usefulness of the Project is fifteen (15) years. The serial bonds authorized
herein shall have a maximum maturity of fifteen (15) years computed from the earlier
of (a) the date of issuance of such serial bonds, or (b) the date of issuance of
the first bond anticipation notes issued
in anticipation of the issuance of such serial bonds.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00
and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized
herein, and bond anticipation notes issued in anticipation of the issuance of such
serial bonds, including renewals thereof, the power to prescribe the terms, form
and contents of such serial bonds and such bond anticipation notes, including the
authority to issue such obligations on the basis of substantially level or declining
annual debt service, and the power to issue,
sell and deliver such serial bonds and such bond anticipation notes, are hereby
delegated to the Town Supervisor, as the chief fiscal officer of the Town. The Town
Supervisor is hereby authorized to execute on behalf of the Town all serial bonds
issued pursuant to this bond resolution,
and all bond anticipation notes issued
in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby
authorized to impress the seal of the Town (or to have imprinted a facsimile thereof)
on all such serial bonds and all such bond anticipation notes and to attest such
seal. Each interest coupon, if any, representing interest payable on such serial
bonds shall be authenticated by the manual or facsimile signature of the Town Supervisor.
Section 5. The faith and credit of the Town are hereby and shall be
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued
pursuant to this bond resolution as the same shall become due.
Section 6. When this bond resolution takes effect, the Town Clerk
shall cause the same to be published, together with a notice in substantially the
form prescribed by Section 81.00 of the Local Finance Law, in The Journal News and
The Westmore News, newspapers having a general circulation in the Town. The validity
of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds,
may be contested only if such obligations are authorized for an object or purpose,
or class of object or purpose, for which the Town is not authorized to expend money,
or the provisions of law, which should have been complied with at the date of the
publication of this bond resolution, were not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within twenty (20)
days after the date of such publication, or if such obligations are authorized in
violation of the provisions of the Constitution of the State of New York.
Section 7. Prior to the issuance of any obligations authorized herein,
the Town Council shall comply with all applicable provisions prescribed in Article
8 of the Environmental Conservation Law, all regulations promulgated thereunder
by the New York State Department of Environmental Conservation, and all applicable
Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the “environmental compliance proceedings”). In the
event that any of the environmental compliance proceedings are not completed, or
require amendment or modification subsequent to the date of adoption of this bond
resolution, the Town Council will re-adopt, amend or modify this bond resolution
prior to the issuance of any obligations authorized herein upon the advice of bond
counsel. It is hereby determined by the Town Council that the Project will not have
a significant effect on the environment.
Section 8. The Town hereby declares its intention to issue the serial
bonds authorized herein, and/or bond anticipation notes issued in anticipation of
the issuance of such serial bonds (collectively, the “obligations”), to finance
the costs of the Project. The Town covenants for the benefit of the holders of such
obligations that it will not make any use of the proceeds of such obligations, any
funds reasonably expected to be used to pay the principal of or interest on such
obligations, or any other funds of the Town, and will not make any use of the Project
which would cause the interest on such obligations to become subject to federal
income taxation under the Internal Revenue Code of 1986, as amended (the “Code”)
(except for the federal alternative minimum tax imposed on corporations by section
55 of the Code), or subject the Town to any penalties under section 148 of the Code,
and that it will not take any action or omit to take any action with respect to
such obligations, the proceeds thereof or the Project financed thereby,
if such action or omission would cause the interest on such obligations
to become subject to federal income taxation under the Code (except for the federal
alternative minimum tax imposed on corporations by section 55 of the Code), or subject
the Town to any penalties under section 148 of the Code. The foregoing covenants
shall remain in full force and effect notwithstanding the defeasance of any serial
bonds authorized and issued under this bond resolution, or any other provisions
hereof, until the date which is sixty (60) days after the final maturity date or
earlier prior redemption date thereof. The proceeds of any obligations authorized
herein may be applied to reimburse expenditures or commitments of the Town made
in connection with the Project on or after a date which is not more than sixty (60)
days prior to the adoption date of this bond resolution by the Town Council.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the serial bonds authorized herein, and of bond anticipation notes
issued in anticipation of the issuance of such serial bonds, the Town agrees, in
accordance with, and as an obligated person with respect to such obligations under,
Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant
to the Securities Exchange Act of 1934, to provide or cause to be provided such
financial information and operating data, financial statements and notices, in such
manner as may be required for purposes of the Rule. In order to describe and specify
certain terms of the Town’s continuing disclosure agreement for that purpose, and
thereby to implement that agreement, including provisions for enforcement, amendment
and termination, the Town Supervisor is authorized and directed to sign and deliver,
in the name and on behalf of the Town, the commitment authorized by subsection 6(c)
of the Rule (the “Commitment”)
to be placed on file with the Town Clerk, which shall constitute the
continuing disclosure agreement made by the Town for the benefit of holders and
beneficial owners of such obligations authorized herein in accordance with the Rule,
with any changes or amendments that are not inconsistent with this bond resolution
and not substantially adverse to the Town and that are approved by the Town Supervisor
on behalf of the Town, all of which shall be conclusively evidenced by the signing
of the Commitment or amendments thereto. The agreement formed collectively by this
paragraph and the Commitment shall be the Town’s continuing disclosure agreement
for purposes of the Rule, and its performance shall be subject to the availability
of funds and their annual appropriation to meet costs the Town would be required
to incur to perform thereunder. The Town Supervisor is further authorized and directed
to establish procedures in order to ensure compliance by the Town with its continuing
disclosure agreement, including the timely provision of information and notices.
Prior to making any filing in accordance with the agreement or providing notice
of the occurrence of any material event, the Town Supervisor shall consult with,
as appropriate, the Town Attorney and bond counsel or other qualified independent
special counsel to the Town and shall be entitled to rely upon any legal advice
provided by the Town Attorney or such bond counsel or other qualified independent
special counsel of the Town in determining whether a filing should be made.
Section 10. This bond resolution is subject to a permissive referendum
and will take effect upon its adoption by the Town Council and the expiration of
the period prescribed in the Town Law during which petitions for a permissive referendum
may be submitted and filed with the Town Clerk.
TOWN OF RYE
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Town Council
of the Town of Rye (the “Town”), a municipal corporation of the State of New York,
located in the County of Westchester, on June 18, 2019. The effectiveness of such
bond resolution was subject to a permissive referendum and notice thereof was given
as prescribed by law. The period of time prescribed by law has elapsed for the submission
and filing of a petition for a permissive referendum and a valid petition has not
been submitted and filed. The validity of the obligations authorized by such bond
resolution may be hereafter contested only if such obligations were authorized for
an object or purpose, or class of object or purpose, for which the Town is not authorized
to expend money, or the provisions of law, which should have been complied with
at the date of the publication of this notice, were not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
(20) days after the date of the publication of this notice, or if such obligations
are authorized in violation of the provisions of the Constitution of the State of
New York.
Date: July 19, 2019
/s/ Hope
B. Vespia
Hope B.
Vespia
Town Clerk
Town of Rye, New York
|
BOND RESOLUTION, DATED JUNE 18, 2019, AUTHORIZING THE ISSUANCE
OF ADDITIONAL SERIAL BONDS OF THE TOWN OF RYE, COUNTY OF WESTCHESTER, STATE OF NEW
YORK IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $4,900,000, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE ADDITIONAL COST OF THE ACQUISITION, CONSTRUCTION, AND
RECONSTRUCTION OF IMPROVEMENTS TO TOWN BUILDINGS, INCLUDING THE CRAWFORD PARK COMMUNITY
CENTER
WHEREAS, the Town Council of the Town of Rye (the “Town”), a municipal
corporation of the State of New York, located in the County of Westchester, determined
that it is in the public interest of the Town to authorize the financing of the
costs of the acquisition, construction, and reconstruction of improvements to Town
buildings, including the Crawford Park community center, and pavilion, and including
the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land
necessary therefor and any preliminary and incidental costs related thereto (the
“2017 Project”), at a total estimated cost not to exceed $4,479,781, all in accordance
with the Local Finance Law; and
WHEREAS, on June 20, 2017 the Town Council adopted a serial bond resolution
for estimated costs associated with the financing of the 2017 Project in the aggregate
principal amount of $4,479,781 (the “2017 Resolution”); and
WHEREAS, the Common Council of the Town now hereby determines that
the maximum cost of the Crawford Park community center improvements portion of the
2017 Project has increased by $4,900,000 and further determines to fund such additional
cost through borrowing under the provisions of the Local Finance Law and authorizing
$4,900,000 serial bonds of the Town hereunder which, together with borrowing authorized
by the 2017 Resolution, now authorizes financing of the estimated maximum cost of
the 2017 Project in the aggregate principal amount of $9,379,781.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Rye, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Town, and/or bond anticipation
notes issued in anticipation of the issuance
of such serial bonds, in the aggregate principal amount not to exceed $4,900,000,
pursuant to the Local Finance Law, in order to finance the additional costs of the
acquisition, construction, and reconstruction of improvements to Town buildings,
including the Crawford Park community center and including the acquisition of any
applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor
and any preliminary and incidental costs related thereto (collectively, the “Project”).
Section 2. The Town Council has ascertained and hereby states that
(a) the estimated maximum costs of the Project are not to exceed $4,900,000; (b)
no money has heretofore been authorized to be applied to the payment of the costs
of the Project, except for the borrowing authorized by the 2017 Resolution; (c)
the Town Council plans to finance the costs of the Project from the proceeds of
the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds
and proceeds of serial bonds or bond anticipation notes issued in anticipation of
the issuance of such serial bonds authorized in and pursuant to the 2017 Resolution;
(d) the maturity of such serial bonds authorized herein shall be in excess of five
(5) years; and (e) on or before the expenditure of moneys to pay for any costs in
connection with the Project for which the proceeds of any obligations authorized
herein are to be applied to reimburse the Town, the Town Council took “official
action” for federal income tax purposes to authorize the capital financing of such
expenditure.
Section 3. It is hereby determined that the Project is a specific
object or purpose, or of a class of object or purpose, as described in subdivision
12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law (such buildings
being of “Class A” construction as that term is defined in the Local Finance Law)
and that the period of probable usefulness of the Project is twenty-five (25) years.
The serial bonds authorized herein shall have a maximum maturity of twenty-five
(25) years computed from the earlier of (a) the date of issuance of such serial
bonds, or (b) the date of issuance of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00
and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized
herein, and bond anticipation notes issued in anticipation of the issuance of such
serial bonds, including renewals thereof, the power to prescribe the terms, form
and contents of such serial bonds and such bond anticipation notes, including the
authority to issue such obligations on the basis of substantially level or declining
annual debt service, and the power to issue,
sell and deliver such serial bonds and such bond anticipation notes, are hereby
delegated to the Town Supervisor, as the chief fiscal officer of the Town. The Town
Supervisor is hereby authorized to execute on behalf of the Town all serial bonds
issued pursuant to this bond resolution,
and all bond anticipation notes issued
in anticipation of the issuance of such serial bonds, and the Town Clerk is hereby
authorized to impress the seal of the Town (or to have imprinted a facsimile thereof)
on all such serial bonds and all such bond anticipation notes and to attest such
seal. Each interest coupon, if any, representing interest payable on such serial
bonds shall be authenticated by the manual or facsimile signature of the Town Supervisor.
Section 5. The faith and credit of the Town are hereby and shall be
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued
pursuant to this bond resolution as the same shall become due.
Section 6. When this bond resolution takes effect, the Town Clerk
shall cause the same to be published, together with a notice in substantially the
form prescribed by Section 81.00 of the Local Finance Law, in the Journal News and
the Westmore News, newspapers having a general circulation in the Town. The validity
of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds,
may be contested only if such obligations are authorized for an object or purpose,
or class of object or purpose, for which the Town is not authorized to expend money,
or the provisions of law, which should have been complied with at the date of the
publication of this bond resolution, were not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within twenty (20)
days after the date of such publication, or if such obligations are authorized in
violation of the provisions of the Constitution of the State of New York.
Section 7. Prior to the issuance of any obligations authorized herein,
the Town Council shall comply with all applicable provisions prescribed in Article
8 of the Environmental Conservation Law, all regulations promulgated thereunder
by the New York State Department of Environmental Conservation, and all applicable
Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the “environmental compliance proceedings”). In the
event that any of the environmental compliance proceedings are not completed, or
require amendment or modification subsequent to the date of adoption of this bond
resolution, the Town Council will re-adopt, amend or modify this bond resolution
prior to the issuance of any obligations authorized herein upon the advice of bond
counsel.
It is hereby determined by the Town Council that the Project will
not have a significant effect on the environment.
Section 8. The Town hereby declares its intention to issue the serial
bonds authorized herein, and/or bond anticipation notes issued in anticipation of
the issuance of such serial bonds (collectively, the “obligations”), to finance
the costs of the Project. The Town covenants for the benefit of the holders of such
obligations that it will not make any use of the proceeds of such obligations, any
funds reasonably expected to be used to pay the principal of or interest on such
obligations, or any other funds of the Town, and will not make any use of the Project
which would cause the interest on such obligations to become subject to federal
income taxation under the Internal Revenue Code of 1986, as amended (the “Code”)
(except for the federal alternative minimum tax imposed on corporations by section
55 of the Code), or subject the Town to any penalties under section 148 of the Code,
and that it will not take any action or omit to take any action with respect to
such obligations, the proceeds thereof or the Project financed thereby, if such
action or omission would cause the interest on such obligations to become subject
to federal income taxation under the Code (except for the federal alternative minimum
tax imposed on corporations by section 55 of the Code), or subject the Town to any
penalties under section 148 of the Code. The foregoing covenants shall remain in
full force and effect notwithstanding the defeasance of any serial bonds authorized
and issued under this bond resolution, or any other provisions hereof, until the
date which is sixty (60) days after the final maturity date or earlier prior redemption
date thereof. The proceeds of any obligations authorized herein may be applied to
reimburse expenditures or commitments of the Town made in connection with the Project
on or after a date which is not more than sixty (60) days prior to the adoption
date of this bond resolution by the Town Council.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the serial bonds authorized herein, and of bond anticipation notes
issued in anticipation of the issuance of such serial bonds, the Town agrees, in
accordance with, and as an obligated person with respect to such obligations under,
Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant
to the Securities Exchange Act of 1934, to provide or cause to be provided such
financial information and operating data, financial statements and notices, in such
manner as may be required for purposes of the Rule. In order to describe and specify
certain terms of the Town’s continuing disclosure agreement for that purpose, and
thereby to implement that agreement, including provisions for enforcement, amendment
and termination, the Town Supervisor is authorized and directed to sign and deliver,
in the name and on behalf of the Town, the commitment authorized by subsection 6(c)
of the Rule (the “Commitment”) to be placed on file with the Town Clerk, which shall
constitute the continuing disclosure agreement made by the Town for the benefit
of holders and beneficial owners of such obligations authorized herein in accordance
with the Rule, with any changes or amendments that are not inconsistent with this
bond resolution and not substantially adverse to the Town and that are approved
by the Town Supervisor on behalf of the Town, all of which shall be conclusively
evidenced by the signing of the Commitment or amendments thereto. The agreement
formed collectively by this paragraph and the Commitment shall be the Town’s continuing
disclosure agreement for purposes of the Rule, and its performance shall be subject
to the availability of funds and their annual appropriation to meet costs the Town
would be required to incur to perform thereunder. The Town Supervisor is further
authorized and directed to establish procedures in order to ensure compliance by
the Town with its continuing disclosure agreement, including the timely provision
of information and notices.
Prior to making any filing in accordance with the agreement or providing
notice of the occurrence of any material event, the Town Supervisor shall consult
with, as appropriate, the Town Attorney and bond counsel or other qualified independent
special counsel to the Town and shall be entitled to rely upon any legal advice
provided by the Town Attorney or such bond counsel or other qualified independent
special counsel of the Town in determining whether a filing should be made.
Section 10. This bond resolution is subject to a permissive referendum
and will take effect upon its adoption by the Town Council and the expiration of
the period prescribed in the Town Law during which petitions for a permissive referendum
may be submitted and filed with the Town Clerk.
TOWN OF RYE
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Town Council
of the Town of Rye (the “Town”), a municipal corporation of the State of New York,
located in the County of Westchester, on June 18, 2019. The effectiveness of such
bond resolution was subject to a permissive referendum and notice thereof was given
as prescribed by law. The period of time prescribed by law has elapsed for the submission
and filing of a petition for a permissive referendum and a valid petition has not
been submitted and filed. The validity of the obligations authorized by such bond
resolution may be hereafter contested only if such obligations were authorized for
an object or purpose, or class of object or purpose, for which the Town is not authorized
to expend money, or the provisions of law, which should have been complied with
at the date of the publication of this notice, were not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
(20) days after the date of the publication of this notice, or if such obligations
are authorized in violation of the provisions of the Constitution of the State of
New York.
Date: July 19, 2019
/s/ Hope
B. Vespia
Hope B.
Vespia
Town Clerk
Town of Rye, New York
|
BOND RESOLUTION, DATED JUNE 18, 2019, AUTHORIZING THE ISSUANCE
OF UP TO $200,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF RYE, COUNTY
OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE
THE COST OF THE RECONSTRUCTION OF AND IMPROVEMENTS TO HILLSIDE AVENUE BRIDGE
WHEREAS, the Town Council of the Town of Rye (the “Town”), a municipal
corporation of the State of New York, located in the County of Westchester, hereby
determines that it is in the public interest of the Town to authorize the financing
of the costs of the reconstruction of and improvements to Hillside Avenue Bridge,
including the acquisition of any applicable equipment, machinery, apparatus, land
and rights-in-land necessary therefor and any preliminary and incidental costs related
thereto (the “Project”), at a total estimated cost not to exceed $200,000, in accordance
with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Rye, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds of
the Town, and/or bond anticipation notes issued in anticipation of the issuance
of such serial bonds, in the aggregate principal amount not to exceed $200,000,
pursuant to the Local Finance Law, in order to finance the costs of the Project.
Section 2. The Town Council has ascertained and hereby states that
(a) the estimated maximum costs of the Project are not to exceed $200,000; (b) no
money has heretofore been authorized to be applied to the payment of the costs of
the Project; (c) the Town Council plans to finance the costs of the Project from
the proceeds of the serial bonds authorized herein, and/or of bond anticipation
notes issued in anticipation of the issuance of such serial bonds; (d) the maturity
of such serial bonds authorized herein shall be in excess of five (5) years; and
(e) on or before the expenditure of moneys to pay for any costs in connection with
the Project for which the proceeds of any obligations authorized herein are to be
applied to reimburse the Town, the Town Council took “official action” for federal
income tax purposes to authorize the capital financing of such expenditure.
Section 3. It is hereby determined that the Project is a specific
object or purpose, or of a class of object or purpose, as described in subdivision
10 of paragraph a of Section 11.00 of the Local Finance Law and that the period
of probable usefulness of the Project is twenty (20) years. The serial bonds authorized
herein shall have a maximum maturity of twenty (20) years computed from the earlier
of (a) the date of issuance of such serial bonds, or (b) the date of issuance of
the first bond anticipation notes issued in anticipation of the issuance of such
serial bonds.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00
and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized
herein, and bond anticipation notes issued in anticipation of the issuance of such
serial bonds, including renewals thereof, the power to prescribe the terms, form
and contents of such serial bonds and such bond anticipation notes, including the
authority to issue such obligations on the basis of substantially level or declining
annual debt service, and the power to issue, sell and deliver such serial bonds
and such bond anticipation notes, are hereby delegated to the Town Supervisor, as
the chief fiscal officer of the Town. The Town Supervisor is hereby authorized to
execute on behalf of the Town all serial bonds issued pursuant to this bond resolution,
and all bond anticipation notes issued in anticipation of the issuance of such serial
bonds, and the Town Clerk is hereby authorized to impress the seal of the Town (or
to have imprinted a facsimile thereof) on all such serial bonds and all such bond
anticipation notes and to attest such seal. Each interest coupon, if any, representing
interest payable on such serial bonds shall be authenticated by the manual or facsimile
signature of the Town Supervisor.
Section 5. The faith and credit of the Town are hereby and shall be
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued pursuant to this bond resolution as the same
shall become due.
Section 6. When this bond resolution takes effect, the Town Clerk
shall cause the same to be published, together with a notice in substantially the
form prescribed by Section 81.00 of the Local Finance Law, in The Journal News and
The Westmore News, newspapers having a general circulation in the Town. The validity
of the serial bonds authorized herein, and of bond anticipation notes issued in
anticipation of the issuance of such serial bonds, may be contested only if such
obligations are authorized for an object or purpose, or class of object or purpose,
for which the Town is not authorized to expend money, or the provisions of law,
which should have been complied with at the date of the publication of this bond
resolution, were not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of
such publication, or if such obligations are authorized in violation of the provisions
of the Constitution of the State of New York.
Section 7. Prior to the issuance of any obligations authorized herein,
the Town Council shall comply with all applicable provisions prescribed in Article
8 of the Environmental Conservation Law, all regulations promulgated thereunder
by the New York State Department of Environmental Conservation, and all applicable
Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the “environmental compliance proceedings”). In the
event that any of the environmental compliance proceedings are not completed, or
require amendment or modification subsequent to the date of adoption of this bond
resolution, the Town Council will re-adopt, amend or modify this bond resolution
prior to the issuance of any obligations authorized herein upon the advice of bond
counsel. It is hereby determined by the Town Council that the Project will not have
a significant effect on the environment.
Section 8. The Town hereby declares its intention to issue the serial
bonds authorized herein, and/or bond anticipation notes issued in anticipation of
the issuance of such serial bonds (collectively, the “obligations”), to finance
the costs of the Project. The Town covenants for the benefit of the holders of such
obligations that it will not make any use of the proceeds of such obligations, any
funds reasonably expected to be used to pay the principal of or interest on such
obligations, or any other funds of the Town, and will not make any use of the Project
which would cause the interest on such obligations to become subject to federal
income taxation under the Internal Revenue Code of 1986, as amended (the “Code”)
(except for the federal alternative minimum tax imposed on corporations by section
55 of the Code), or subject the Town to any penalties under section 148 of the Code,
and that it will not take any action or omit to take any action with respect to
such obligations, the proceeds thereof or the Project financed thereby, if such
action or omission would cause the interest on such obligations to become subject
to federal income taxation under the Code (except for the federal alternative minimum
tax imposed on corporations by section 55 of the Code), or subject the Town to any
penalties under section 148 of the Code. The foregoing covenants shall remain in
full force and effect notwithstanding the defeasance of any serial bonds authorized
and issued under this bond resolution, or any other provisions hereof, until the
date which is sixty (60) days after the final maturity date or earlier prior redemption
date thereof. The proceeds of any obligations authorized herein may be applied to
reimburse expenditures or commitments of the Town made in connection with the Project
on or after a date which is not more than sixty (60) days prior to the adoption
date of this bond resolution by the Town Council.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the serial bonds authorized herein, and of bond anticipation notes
issued in anticipation of the issuance of such serial bonds, the Town agrees, in
accordance with, and as an obligated person with respect to such obligations under,
Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant
to the Securities Exchange Act of 1934, to provide or cause to be provided such
financial information and operating data, financial statements and notices, in such
manner as may be required for purposes of the Rule. In order to describe and specify
certain terms of the Town’s continuing disclosure agreement for that purpose, and
thereby to implement that agreement, including provisions for enforcement, amendment
and termination, the Town Supervisor is authorized and directed to sign and deliver,
in the name and on behalf of the Town, the commitment authorized by subsection 6(c)
of the Rule (the “Commitment”) to be placed on file with the Town Clerk, which shall
constitute the continuing disclosure agreement made by the Town for the benefit
of holders and beneficial owners of such obligations authorized herein in accordance
with the Rule, with any changes or amendments that are not inconsistent with this
bond resolution and not substantially adverse to the Town and that are approved
by the Town Supervisor on behalf of the Town, all of which shall be conclusively
evidenced by the signing of the Commitment or amendments thereto. The agreement
formed collectively by this paragraph and the Commitment shall be the Town’s continuing
disclosure agreement for purposes of the Rule, and its performance shall be subject
to the availability of funds and their annual appropriation to meet costs the Town
would be required to incur to perform thereunder. The Town Supervisor is further
authorized and directed to establish procedures in order to ensure compliance by
the Town with its continuing disclosure agreement, including the timely provision
of information and notices. Prior to making any filing in accordance with the agreement
or providing notice of the occurrence of any material event, the Town Supervisor
shall consult with, as appropriate, the Town Attorney and bond counsel or other
qualified independent special counsel to the Town and shall be entitled to rely
upon any legal advice provided by the Town Attorney or such bond counsel or other
qualified independent special counsel of the Town in determining whether a filing
should be made.
Section 10. This bond resolution is subject to a permissive referendum
and will take effect upon its adoption by the Town Council and the expiration of
the period prescribed in the Town Law during which petitions for a permissive referendum
may be submitted and filed with the Town Clerk.
TOWN OF RYE
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Town Council
of the Town of Rye (the “Town”), a municipal corporation of the State of New York,
located in the County of Westchester, on June 18, 2019. The effectiveness of such
bond resolution was subject to a permissive referendum and notice thereof was given
as prescribed by law. The period of time prescribed by law has elapsed for the submission
and filing of a petition for a permissive referendum and a valid petition has not
been submitted and filed. The validity of the obligations authorized by such bond
resolution may be hereafter contested only if such obligations were authorized for
an object or purpose, or class of object or purpose, for which the Town is not authorized
to expend money, or the provisions of law, which should have been complied with
at the date of the publication of this notice, were not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
(20) days after the date of the publication of this notice, or if such obligations
are authorized in violation of the provisions of the Constitution of the State of
New York.
Date: July 19, 2019
/s/ Hope B. Vespia
Hope B. Vespia
Town Clerk
Town of Rye, New York
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