SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
INDEX NO. 50437/2016
OCWEN LOAN SERVICING, LLC
Plaintiff,
Plaintiff designates WESTCHESTER as the place of trial situs of
the real property
-against-
SUSANA B. SEGATORRI, AS HEIRS AND DISTRIBUTEE OF THE ESTATE
OF ENRICO SEGATORRI, CECILIA M.
SEGATORRI, AS HEIRS AND DISTRIBUTEE OF THE ESTATE OF ENRICO SEGATORRI, LEO
SEGATORRI, AS HEIRS AND DISTRIBUTEE OF THE ESTATE OF ENRICO SEGATORRI, UNKNOWN
HEIRS AND DISTRIBUTEE OF THE ESTATE OF ENRICO SEGATORRI, any and all persons
unknown to plaintiff, claiming, or who may claim to have an interest in, or
general or specific lien upon the real property described in this action; such
unknown persons being herein generally described and intended to be included in
the following designation, namely: the wife, widow, husband, widower, heirs at
law, next of kin, descendants, executors, administrators, devisees, legatees,
creditors, trustees, committees, lienors, and assignees of such deceased, any
and all persons deriving interest in or lien upon, or title to said real
property by, through or under them, or either of them, and their respective
wives, widows, husbands, widowers, heirs at law, next of kin, descendants,
executors, administrators, devisees, legatees, creditors, trustees, committees,
lienors and assigns, all of whom and whose names, except as stated, are unknown
to plaintiff, THE PEOPLE OF THE STATE OF
NEW YORK, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, JUAN BAUTISTA,
CECILA BAUTISTA,
''JOHN DOE #3'' through ''JOHN DOE #12,'' the last twelve
names being fictitious and unknown to plaintiff, the persons or parties
intended being the tenants, occupants, persons or corporations, if any, having
or claiming an interest in or lien upon the premises, described in the
complaint,
SUPPLEMENTAL SUMMONS
Mortgaged Premises:
6 RIVERADLE AVE PORT CHESTER, NY 10573
District: Section:
136.64
Block:1 Lot: 20
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint in this action
and to serve a copy of your answer, or, if the complaint is not served with
this summons, to serve a notice of appearance on the Plaintiff's Attorney
within 20 days after the service of this summons, exclusive of the day of
service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State of New York) in the event the
United States of America is made a party defendant, the time to answer for the
said United States of America shall not expire until (60) days after service of
the Summons; and in case of your failure to appear or answer, judgment will be
taken against you by default for the relief demanded in the complaint.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
THE OBJECT of the above caption action is to foreclose a Mortgage
to secure the sum of $333,750.00 and interest, recorded on November 1, 2007, at
LiberControl #472920914, of the Public Records of WESTCHESTER County, New York,
covering premises known as 6 RIVERADLE AVE PORT CHESTER, NY 10573.
The relief sought in the within action is a final judgment
directing the sale of the premises described above to satisfy the debt secured
by the Mortgage described above.
WESTCHESTER County is designated as the place of trial because
the real property affected by this action is located in said county.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by
serving a copy of the answer on the attorney for the mortgage company who filed
this foreclosure proceeding against you and filing the answer with the court, a
default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is
pending for further information on how to answer the summons and protect your
property.
Sending a payment to the mortgage company will not stop the
foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE
COURT.
Dated: February 21, 2018
RAS BORISKIN, LLC
Attorney for Plaintiff
BY:Matthew Rothstein, ESQ.
900 Merchants Concourse, Suite 106
Westbury, NY 11590
516-280-7675
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Notice of
Formation of 19 Andrews Lane, LLC. Arts of Org. filed with NY Secy of State
(SSNY) on 3/26/18. Office location: Westchester County. SSNY is designated as
agent of LLC upon whom process against it may be served. SSNY shall mail
process to: 19 Andrews Lane Sleepy Hollow, NY 10591 Purpose: any lawful
activity.
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2018-2019
VILLAGE O
PORT CHESTER TAX
This is a notice to all taxpayers whose property is located
in the Village of Port Chester that the Village Tax Bill has been mailed. If
you haven’t received your bill, please contact the Tax Office. The first half
must be paid by June 30, 2018. Do to the fact that the 30th falls on
Saturday you may come into the office on Monday with no penalty. If payment is
not received by that date, a mandatory, non-waivable penalty of 2% will be
added for the month of July and will increase monthly thereafter.
For your convenience, there are three ways for you to make
payments.
1) You may mail your check in the envelope provided. Be sure
to include the bottom portion of the bill. If you would like a receipt, mark
the appropriate box on the stub. Payments must be postmarked by the U. S. Post
Office no later than June 30, 2018 to avoid the penalty.
2) You may pay in person at the Tax Office, 222 Grace Church
Street, 3rd floor, in Port Chester during our office hours (Monday through
Friday, 8:30AM to 4:00PM). Please bring in the entire bill with you.
3) You may pay on line. You may pay by credit card. (Be
advised that there is a fee.) You may also pay by electronic transfer (ACH).
Check the back of the bill for instructions.
If you have any questions, please call the Tax Office at
(914) 939-3558 for assistance.
Respectfully,
Nicholas C. Mecca
Receiver of Taxes
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2018-2019
VILLAGE OF
RYE BROOK TAX
This is a notice to all taxpayers whose property is located
in the Village of Rye Brook that the Village Tax Bill has been mailed. If you
haven’t received your bill, please contact the Tax Office. The first
installment must be paid by June 30, 2018. Do to the fact that the 30th
falls on Saturday you may come into the office on Monday with no penalty. If
payment is not received by that date, a mandatory, non-waivable penalty of 2%
will be added for the month of July and will increase monthly thereafter.
For your convenience, there are three ways for you to make
payments.
1) You may mail your check in the envelope provided. Be sure
to include the bottom portion of the bill. If you would like a receipt, mark
the appropriate box on the stub. Payments must be postmarked by the U. S. Post
Office no later than June 30, 2018 to avoid the penalty.
2) You may pay in person at the Tax Office, 222 Grace Church
Street, 3rd floor, in Port Chester during our office hours (Monday
through Friday, 8:30AM to 4:00PM). Please bring in the entire bill with you.
3) You may pay on line. You may pay by credit card. (Be
advised that there is a fee.) You may also pay by electronic transfer (ACH).
Check the back of the bill for instructions.
If you have any questions, please call the Tax Office at (914)
939-3558 for assistance.
Respectfully,
Nicholas C. Mecca
Receiver of Taxes
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New York State Department of Environmental Conservation
Notice of Complete Application
Date: 06/11/2018
Applicant:
VILLAGE OF PORT CHESTER 222 GRACE CHURCH ST
PORT CHESTER, NY 10573
Facility:
PORT CHESTER MUNICIPAL MARINA & RIVERWALK
BYRAM RIVER E OF ABENDROTH AVE BETWEEN-WESTCHESTER AVE,
WILLETT AVE,
& MARTIN PL
PORT CHESTER, NY 10573
Application ID:
3-5548-00138/00013
Permits(s) Applied for:
1 - Article 15 Title 5 Excavation & Fill in Navigable
Waters
I - Section 401 - Clean Water Act Water Quality Certification
I - Article 25 Tidal Wetlands
Project is located:
in RYE in WESTCHESTER COUNTY
Project Description:
The applicant proposes disturbance to Tidal Wetlands
classified as littoral zone associated with the Byram River. NYS Waters Index #
LIS 13, class SC, and excavation below Mean High Water associated with
rehabilitation of —1,600 linear feet of shoreline, and installation of a
platform for pedestrian use. A 10-foot wide walkway is proposed across an
existing inlet to link sections of the existing Riverwalk. The shoreline work
will include —650 feet of bulkhead,
including a collapsed section, being replaced with a riprap revetment and the
remaining —950 feet of bulkhead replaced in-kind.
Availability of Application Documents:
Filed application documents, and Department draft permits
where applicable, are available for inspection during normal business hours at
the address of the contact person. To ensure timely service at the time of
inspection, it is recommended that an appointment be made with the contact
person.
State Environmental Quality Review (SEQR) Determination
Project is an Unlisted Action and will not have a significant
impact on the environment. A Negative Declaration is on file. A coordinated
review was not performed.
SEQR Lead Agency
None Designated
Slate Historic Preservation Act (SHPA) Determination
The proposed activity is not subject to review in accordance
with SHPA. The application type is exempt and/or the project involves the
continuation of an existing operational activity.
Coastal Management
This project is located in a Coastal Management area and is
subject to the Waterfront Revitalization and Coastal Resources Act.
Availability For Public Comment
Comments on this project must be submitted in writing to the
Contact Person no later than 06/28/2018 or 15 days after the publication date
of this notice, whichever is later.
Contact Person
REBECCA S CRIST
NYSDEC
21 S Putt Corners Rd
New Paltz, NY 12561
(845) 256-3014
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NOTICE OF HEARING
ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has filed an
application to appear before the Zoning Board of Appeals of the Village of Rye
Brook.
Application # 18-008
Applicant:
Adam Urban
2 Mark Drive
Rye Brook, New York 10573
Applicant Proposes to: Legalize rear deck expansion and
sports court.
At the premises known as 2 Mark Drive in the Village of Rye
Brook, New York, situated on the East side of Mark Drive, approximately 90 feet
from the intersection of Pine Ridge Road and Mark Drive, designated and shown
on the most current tax map as Parcel ID# 135.34-1-2, the applicant does hereby
request a variance(s) from the following applicable section(s) of the Zoning Ordinance:
§ 250-20.G.(3) The minimum required rear yard setback is 40
feet. The rear deck expansion resulted in a rear yard setback of 39.5 feet.
Therefore a rear yard setback variance of .5 feet is requested.
§ 250-6.B.(1)(a) The minimum required setback for any patio
on grade is 6 feet. The sports court was constructed 1 foot from the rear
property line. Therefore a rear yard patio setback variance of 5 feet is
requested.
A Public Hearing on said application will be held before the
Village Zoning Board of Appeals on Tuesday, July 3, 2018, at 8 o’clock p.m. at
the Village of Rye Brook Offices located at 938 King Street, Rye Brook, NY
10573. Plans and other materials associated with the proposed application may
be reviewed and downloaded via the Meetings/Agendas link from the Rye Brook
website homepage, and are available for review at the Building Department.
Dated: May 30, 2018
Christopher J. Bradbury
Village Clerk
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NOTICE OF HEARING
ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has filed an
application to appear before the Zoning Board of Appeals of the Village of Rye
Brook.
Application # 18-006
Applicant:
Jason Vinikoor & Carla Vinikoor
12 Latonia Road
Rye Brook, New York 10573
Applicant Proposes to: Construct two story addition; partial
2nd story addition & interior alterations.
At the premises known as 12 Latonia Road in the Village of
Rye Brook, New York, situated on the East side of Latonia Road, approximately
70 feet from the intersection of Winding Wood Road and Latonia Road, designated
and shown on the most current tax map as Parcel ID# 135.34-1-13, the applicant
does hereby request a variance(s) from the following applicable section(s) of
the Zoning Ordinance:
§ 250-20.E. The maximum allowable gross floor area is 3,221 square
feet. The proposed additions will result in a gross floor area of 3,553.25
square feet. Therefore a gross floor area variance of 332.25 square feet is
requested.
§250-37.B. The maximum allowable main building coverage for
this zone is 16%. This property received a .43 main building coverage variance
associated with additions performed in 2003. Therefore the maximum allowable
main building coverage for this property is 16.43%. The proposed additions will
result in a main building coverage of 18%. Therefore a main building coverage
variance of 1.57% is requested.
A Public Hearing on said application will be held before the
Village Zoning Board of Appeals on Tuesday, July 3, 2018, at 8 o’clock p.m. at
the Village of Rye Brook Offices located at 938 King Street, Rye Brook, NY
10573. Plans and other materials associated with the proposed application may
be reviewed and downloaded via the Meetings/Agendas link from the Rye Brook
website homepage, and are available for review at the Building Department.
Dated: May 24, 2018
Christopher J. Bradbury,
Village Clerk
|
NOTICE OF HEARING
ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has filed an
application to appear before the Zoning Board of Appeals of the Village of Rye
Brook.
Application # 18-010
Applicant:
Talcott Woods Home Owners Association
c/o Mr. Creighton Cray, President Talcott Woods HOA
5 Talcott Road
Rye Brook, NY 10573
Applicant Proposes to: Install H.OA. sign; non-illuminated
monument.
At the premises known as Talcott Road H.O.A. Common Area in
the Village of Rye Brook, New York, situated at the South East corner of
Talcott Road and Lincoln Avenue, designated and shown on the most current tax
map as Parcel ID# 135.57-1-Common Area, the applicant does hereby request a
variance(s) from the following applicable section(s) of the Zoning Ordinance:
§250-35.E.(2)(b) / 250:Attachment 2:1. The maximum allowable
size for a residential sign is two (2) square feet. The applicant is proposing
to install a masonry residential sign measuring 7.81 square feet. Therefore a
residential sign size variance of 5.81 square feet is requested.
§250-35.E.(2)(b) / 250:Attachment 2:1. The maximum allowable
height for a residential sign is five (5) feet. The applicant is proposing to
install a masonry residential sign measuring six (6) feet in height. Therefore
a residential sign height variance of one (1) foot is requested.
§250-35.E.(2)(b) / 250:Attachment 2:1. & §250-7.F.(6)(b).
The minimum required setback for a residential sign within the S.R.O.D. is
thirty (30) feet. The applicant is proposing to install the masonry residential
sign directly at the property line at the Lincoln Avenue elevation. Therefore
relief from this section of the code is requested.
§250-35.E.(2)(b) / 250:Attachment 2:1. & §250-7.F.(6)(b).
The minimum required setback for a residential sign within the S.R.O.D. is
thirty (30) feet. The applicant is proposing to install the masonry residential
sign directly at the property line at the Talcott Road elevation. Therefore
relief from this section of the code is requested.
§250-7.F.(6)(c). The minimum required vegetative buffer along
any scenic road is 35 feet. The applicant proposes to provide no vegetative
buffer between the newly proposed sign and the property line along the scenic
road at Lincoln Avenue. Therefore relief from this section of the code is
requested.
§250-7.F.(6)(c). The minimum required vegetative buffer along
any scenic road is 35 feet. The applicant proposes to provide no vegetative
buffer between the newly proposed sign and the property line along the scenic
road at Talcott Road. Therefore relief from this section of the code is
requested.
A Public Hearing on said application will be held before the
Village Zoning Board of Appeals on Tuesday, July 3, 2018, at 8 o’clock p.m. at
the Village of Rye Brook Offices located at 938 King Street, Rye Brook, NY
10573. Plans and other materials associated with the proposed application may
be reviewed and downloaded via the Meetings/Agendas link from the Rye Brook
website homepage, and are available for review at the Building Department.
Dated: June 5, 2018
Christopher J. Bradbury,
Village Clerk
|
NOTICE OF HEARING
ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has filed an
application to appear before the Zoning Board of Appeals of the Village of Rye
Brook.
Application # 18-009
Applicant:
MBA Home Development Corp
1417 Weaver Street
Scarsdale, New York 10583
Re: 19 Dorchester Drive, Rye Brook, New York
Applicant Proposes to: Legalize side addition.
At the premises known as 19 Dorchester Drive in the Village
of Rye Brook, New York, situated on the West side of Dorchester Drive,
approximately 250 feet from the intersection of Sleepy Hollow Road and
Dorchester Drive, designated and shown on the most current tax map as Parcel
ID# 129.67-1-2, the applicant does hereby request a variance(s) from the
following applicable section(s) of the Zoning Ordinance:
§250-20.G.(2)(a) The minimum required single side yard
setback is 15 feet. The approved plans indicate such setback, however the side
addition at this elevation was constructed only 14.3 feet from the side property
line as indicated on the as-built survey dated March 20, 2018. Therefore a
single side yard setback variance of 0.7 feet is requested.
§250-20.G.(2)(b) The minimum required total of two side yards
setback for this addition is 33.17 feet as granted by the Zoning Board of
Appeals under Application #17-001 on
March 7, 2017. However the addition as constructed resulted in a total of two
side yards setback of 32.5 feet as indicated on the as-built survey dated March
20, 2018. Therefore a total of two side yards setback
variance of 0.67 feet is requested.
A Public Hearing on said application will be held before the
Village Zoning Board of Appeals on Tuesday, July 3, 2018, at 8 o’clock p.m. at
the Village of Rye Brook Offices located at 938 King Street, Rye Brook, NY
10573. Plans and other materials associated with the proposed application may
be reviewed and downloaded via the Meetings/Agendas link from the Rye Brook
website homepage, and are available for review at the Building Department.
Dated: June 6, 2018
Christopher J. Bradbury,
Village Clerk
|
NOTICE OF HEARING
ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has filed an application
to appear before the Zoning Board of Appeals of the Village of Rye Brook.
Application # 18-011
Applicant:
Don Starr & Jennifer Starr
18 Winding Wood Road
Rye Brook, New York 10573
Applicant Proposes to: Construct one story addition &
interior alterations.
At the premises known as 18 Winding Wood Road in the Village
of Rye Brook, New York, situated on the South side of Winding Wood Road,
approximately 60 feet from the intersection of Paddock Road and Winding Wood
Road, designated and shown on the most current tax map as Parcel ID#
135.26-1-9, the applicant does hereby request a variance(s) from the following
applicable section(s) of the Zoning Ordinance:
§ 250-37.B The maximum allowable main building coverage is
16%. The existing non-conforming coverage is 17.4%. The proposed addition will
result in a main building coverage of 18.3%. Therefore a main building coverage
variance of 2.3% is requested.
§ 250-20.E The maximum allowable gross floor area is 3,264
square feet. The existing non-conforming gross floor area is 3,508 square feet.
The proposed addition with result in a gross floor area of 3,640 square feet. Therefore
a gross floor area variance of 376 square feet is requested.
A Public Hearing on said application will be held before the
Village Zoning Board of Appeals on Tuesday, July 3, 2018, at 8 o’clock p.m. at
the Village of Rye Brook Offices located at 938 King Street, Rye Brook, NY
10573. Plans and other materials associated with the proposed application may
be reviewed and downloaded via the Meetings/Agendas link from the Rye Brook
website homepage, and are available for review at the Building Department.
Dated: June 6, 2018
Christopher J. Bradbury,
Village Clerk
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BOND RESOLUTION, DATED MAY 21, 2018, AUTHORIZING
THE ISSUANCE OF UP TO $1,911,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF PORT CHESTER, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO
THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION,
CONSTRUCTION AND RECONSTRUCTION TO VILLAGE STREETS, INCLUDING IMPROVEMENTS TO
SIDEWALKS, LANDSCAPES AND DRAINAGE, AND (II) THE ACQUISITION OF
MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE.
WHEREAS, the Board of Trustees of the Village of Port Chester
(the “Village”), 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 Village to authorize the financing of the costs of (i) the
acquisition, construction and reconstruction to Village streets, including
improvements to sidewalks, landscapes, and drainage ($1,500,000) and (ii) the
acquisition of machinery and apparatus for construction and maintenance
($411,000), including the acquisition of any applicable equipment, machinery,
apparatus, land or rights-in-land necessary therefore and any preliminary and
incidental costs related thereto, at a total estimated cost not to exceed
$1,911,000, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the
Village of Port Chester, County of Westchester, State of New York, as follows:
Section
1. There is hereby authorized to be issued serial bonds of the Village, and/or
bond anticipation notes issued in anticipation of the issuance of such serial
bonds, in the aggregate principal amount not to exceed $1,911,000, pursuant to
the Local Finance Law, in order to finance the costs of the specific objects or
purposes, or classes of objects or purposes, hereinafter described.
Section
2. The specific objects or purposes, or class of objects or purposes, to be
financed pursuant to this bond resolution (collectively, the “Project”), the
respective estimated maximum cost of such specific objects or purposes, the
principal amount of serial bonds, and/or of bond anticipation notes issued in
anticipation of the issuance of such serial bonds, authorized for such specific
objects or purposes, and the period of probable usefulness of such specific
objects or purposes or class of objects or purposes pursuant to the applicable
subdivision of paragraph a of Section 11.00 of the Local Finance law, are as
follows:
(a) The
acquisition, construction and reconstruction to Village streets, including
improvements to sidewalks, landscapes and drainage, including any preliminary and incidental costs related thereto, at an
estimated maximum cost of $1,650,000 for which $1,500,000 principal amount of
serial bonds, and/or bond anticipation notes issued in anticipation of the
issuance of such serial bonds, are authorized herein and appropriated
therefore, having a period of probable usefulness of fifteen (15) years
pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local
Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15)
years computed from the earlier of (a) the date of the first issue of such
serial bonds or (b) the date of the first issue of bond anticipation notes
issued in anticipation of the issuance of such serial bonds; and
(b) The
acquisition of machinery and apparatus for construction and maintenance, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $411,000 for
which $411,000 principal amount of serial bonds, and/or bond anticipation notes
issued in anticipation of the issuance of such serial bonds, are authorized
herein and appropriated therefore, having a period of probable usefulness of
fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00
of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen
(15) years computed from the earlier of (a) the date of the first issue of such
serial bonds or (b) the date of the first issue of bond anticipation notes
issued in anticipation of the issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained
and hereby states that (a) the estimated maximum costs of the Project will not
exceed $2,061,000; (b) no money has heretofore been authorized to be applied to
the payment of the costs of the Project; (c) the Board of Trustees of the
Village plans to finance the costs of the Project from (i) 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 (ii) New York State grant
funds in the amount of $150,000; (d) the
maximum maturity of the 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 Village, the Board of
Trustees of the Village took “official action” for federal income tax purposes
to authorize the capital financing of such expenditure.
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/or 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, and the power to issue, sell and deliver such
serial bonds and such bond anticipation notes, are hereby delegated to the
Village Treasurer, as the chief fiscal officer of the Village. The Village
Treasurer is hereby authorized to execute on behalf of the Village 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 Village
Clerk is hereby authorized to impress the seal of the Village (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 Village Treasurer.
Section 5. The faith and credit of the Village 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 Village
Clerk shall cause the same, or a summary thereof, to be published, together
with a notice in substantially the form prescribed by Section 81.00 of the
Local Finance Law, in Westmore News and The Journal News, a newspaper having a
general circulation in the Village. 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 Village
is not authorized to expend money, or the provisions of law, which should have
been complied with as of the date of publication of this bond resolution, or
such summary thereof, 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 were 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 Board of Trustees of the Village 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 Board of Trustees of the Village 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 Board of
Trustees of the Village that the Project will not have a significant effect on
the environment.
Section 8. The Village 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 Village 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
Village, 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 Village 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 Village 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 Village made in connection with the Project on or after a
date which is not more than sixty (60) days prior to the date of adoption of
this bond resolution by the Board of Trustees of the Village.
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 Village 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
Village’s continuing disclosure agreement for that purpose, and thereby to
implement that agreement, including provisions for enforcement, amendment and
termination, the Village Treasurer is authorized and directed to sign and
deliver, in the name and on behalf of the Village, the commitment authorized by
subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the
Village Clerk, which shall constitute the continuing disclosure agreement made
by the Village 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 Village and that are approved by the Village
Treasurer on behalf of the Village, 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 Village’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 Village would be required to incur to perform thereunder. The Village
Treasurer is further authorized and directed to establish procedures in order
to ensure compliance by the Village 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 Village Treasurer shall consult with, as
appropriate, the Village Attorney and bond counsel or other qualified
independent special counsel to the Village and shall be entitled to rely upon
any legal advice provided by the Village Attorney and such bond counsel or
other qualified independent special counsel 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 Board of Trustees of
the Village and the expiration of the period prescribed in the Village Law
during which petitions for a permissive referendum may be submitted and filed
with the Village Clerk.
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Board
of Trustees of the Village of Port Chester (the “Village”), a municipal
corporation of the State of New York, located in the County of Westchester, on
May 21, 2018. 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 Village is not authorized to expend money, or the
provisions of law, which should have been complied with as of 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 were authorized in violation of the provisions of the Constitution
of the State of New York.
Date: June 22, 2018
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 21, 2018, AUTHORIZING THE ISSUANCE
OF UP TO $527,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF
PORT CHESTER, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF A FIRE-FIGHTING TRUCK
FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Port Chester
(the “Village”), 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 Village to authorize the financing of the costs of the acquisition of a
fire-fighting truck for the Village, including any preliminary and incidental
costs related thereto, at a total estimated cost not to exceed $527,000, all in
accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the
Village of Port Chester, County of Westchester, State of New York, as follows:
Section
1. There is hereby authorized to be issued serial bonds of the Village, and/or
bond anticipation notes issued in anticipation of the issuance of such serial
bonds, in the aggregate principal amount not to exceed $527,000, pursuant to
the Local Finance Law, in order to finance the costs of the acquisition
of a fire-fighting truck for the Village, including any preliminary and incidental costs related thereto (the
“Project”).
Section
2. The Board of Trustees of the Village has ascertained and hereby states that
(a) the estimated maximum costs of the Project will not exceed $750,000;
no money has heretofore been authorized to be applied to the payment of the
costs of the Project;
(c) the Board of Trustees of the Village plans to finance the costs of
the Project from (i) the proceeds of the serial bonds, or bond anticipation
notes issued in anticipation of the issuance of such serial bonds, authorized
herein and (ii) $223,000 in available funds; (d) the maximum maturity of the 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 Village, the Board of Trustees of the Village 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 an object or purpose, or of a
class of object or purpose, as described in subdivision 27 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 the first issue of such serial bonds, or (b) the
date of the first issue of 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/or 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, and the power to issue, sell and deliver such serial
bonds and such bond anticipation notes, are hereby delegated to the Village
Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is
hereby authorized to execute on behalf of the Village 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 Village Clerk is
hereby authorized to impress the seal of the Village (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 Village Treasurer.
Section 5. The faith and credit of the Village 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 Village
Clerk shall cause the same, or a summary thereof, to be published, together
with a notice in substantially the form prescribed by Section 81.00 of the
Local Finance Law, in Westmore News and The Journal News, a newspaper having a
general circulation in the Village. 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 Village
is not authorized to expend money, or the provisions of law, which should have
been complied with as of the date of publication of this bond resolution, or
such summary thereof, 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 were 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 Board of Trustees of the Village 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 Board of Trustees of the Village 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 Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village 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 Village 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
Village, 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 Village 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 Village 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 Village made in connection with the Project on or after a
date which is not more than sixty (60) days prior to the date of adoption of
this bond resolution by the Board of Trustees of the Village.
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 Village 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
Village’s continuing disclosure agreement for that purpose, and thereby to
implement that agreement, including provisions for enforcement, amendment and
termination, the Village Treasurer is authorized and directed to sign and
deliver, in the name and on behalf of the Village, the commitment authorized by
subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the
Village Clerk, which shall constitute the continuing disclosure agreement made
by the Village 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 Village and that are approved by the Village
Treasurer on behalf of the Village, 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 Village’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 Village would be required to incur to perform thereunder. The
Village Treasurer is further authorized and directed to establish procedures in
order to ensure compliance by the Village 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 Village Treasurer shall consult with, as
appropriate, the Village Attorney and bond counsel or other qualified
independent special counsel to the Village and shall be entitled to rely upon
any legal advice provided by the Village Attorney and such bond counsel or
other qualified independent special counsel 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 Board of Trustees of
the Village and the expiration of the period prescribed in the Village Law during
which petitions for a permissive referendum may be submitted and filed with the
Village Clerk.
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Board
of Trustees of the Village of Port Chester (the “Village”), a municipal
corporation of the State of New York, located in the County of Westchester, on
May 21, 2018. 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 Village is not authorized to expend money, or the provisions of law, which
should have been complied with as of 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 were authorized in
violation of the provisions of the Constitution of the State of New York.
Date: June 22, 2018
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 21, 2018, AUTHORIZING THE ISSUANCE
OF UP TO $675,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF
PORT CHESTER, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE construction of an addition or
additions to or the reconstruction of a class “A” building.
WHEREAS, the Board of Trustees of the Village of Port Chester
(the “Village”), 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 Village to authorize the financing of the costs of the construction of
an addition or additions to or the reconstruction of a class “A” building, in
and for the Village, and including the acquisition of any preliminary and
incidental costs related thereto, at a total estimated cost not to exceed
$675,000, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the
Village of Port Chester, County of Westchester, State of New York, as follows:
Section
1. There is hereby authorized to be issued serial bonds of the Village, and/or
bond anticipation notes issued in anticipation of the issuance of such serial
bonds, in the aggregate principal amount not to exceed $675,000, pursuant to
the Local Finance Law, in order to finance the costs of the construction of an
addition or additions to or the reconstruction of a class “A” building,
including the acquisition of any applicable equipment, machinery, apparatus,
land or rights-in-land necessary therefor and any preliminary and incidental
costs related thereto (the “Project”).
Section
2. The Board of Trustees of the Village has ascertained and hereby states that
(a) the estimated maximum costs of the Project will not exceed $675,000; (b) no
money has heretofore been authorized to be applied to the payment of the costs
of the Project; (c) the Board of Trustees of the Village 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 maximum maturity of the serial bonds authorized
herein shall not be in excess of twenty five (25) 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 Village, the Board of Trustees of the Village 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 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 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
the first issue of such serial bonds, or (b) the date of the first issue of
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, and the power to issue, sell and deliver such
serial bonds and such bond anticipation notes, are hereby delegated to the
Village Treasurer, as the chief fiscal officer of the Village. The Village
Treasurer is hereby authorized to execute on behalf of the Village 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 Village
Clerk is hereby authorized to impress the seal of the Village (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 Village Treasurer.
Section 5. The faith and credit of the Village 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 Village
Clerk shall cause the same, or a summary thereof, to be published together with
a notice in substantially the form prescribed by Section 81.00 of the Local
Finance Law in Westmore News and The Journal News, a newspaper having a general
circulation in the Village. 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 Village is not
authorized to expend money, or the provisions of law, which should have been
complied with as of the date of publication of this bond resolution, or such
summary thereof, 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 were 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 Board of Trustees of the Village 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 Board of Trustees of the Village 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 Board of
Trustees of the Village that the Project will not have a significant effect on
the environment.
Section 8. The Village 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 Village 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
Village, 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 Village 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 Village 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 Village made in connection with the Project
on or after a date which is not more than sixty (60) days prior to the date of
adoption of this bond resolution by the Board of Trustees of the Village.
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 Village 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 Village’s
continuing disclosure agreement for that purpose, and thereby to implement that
agreement, including provisions for enforcement, amendment and termination, the
Village Treasurer is authorized and directed to sign and deliver, in the name
and on behalf of the Village, the commitment authorized by subsection 6(c) of
the Rule (the “Commitment”) to be placed on file with the Village Clerk, which
shall constitute the continuing disclosure agreement made by the Village 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
Village and that are approved by the Village Treasurer on behalf of the
Village, 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 Village’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 Village
would be required to incur to perform thereunder. The Village Treasurer is
further authorized and directed to establish procedures in order to ensure
compliance by the Village 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 Village Treasurer shall consult with, as appropriate, the
Village Attorney and bond counsel or other qualified independent special
counsel to the Village and shall be entitled to rely upon any legal advice
provided by the Village Attorney and such bond counsel or other qualified
independent special counsel 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 Board of Trustees of
the Village and the expiration of the period prescribed in the Village Law
during which petitions for a permissive referendum may be submitted and filed
with the Village Clerk.
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Board
of Trustees of the Village of Port Chester (the “Village”), a municipal
corporation of the State of New York, located in the County of Westchester, on
May 21, 2018. 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 Village is not authorized to expend money, or the
provisions of law, which should have been complied with as of 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 were authorized in violation of the provisions of the Constitution
of the State of New York.
Date: June 22, 2018
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 21, 2018, AUTHORIZING THE ISSUANCE
OF UP TO $2,501,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF
PORT CHESTER, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION,
RECONSTRUCTION OF OR ADDITION TO A SEWER SYSTEM
WHEREAS, the Board of Trustees of the Village of Port Chester
(the “Village”), 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 Village to authorize the financing of the costs of the acquisition, construction or
reconstruction of or addition to a sewer system and including any
preliminary and incidental costs related thereto, at a total estimated cost not
to exceed $2,501,000, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the
Village of Port Chester, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds
of the Village, and/or bond anticipation notes issued in anticipation of the
issuance of such serial bonds, in the aggregate principal amount not to exceed
$2,501,000 pursuant to the Local Finance Law, in order to finance the costs of
the specific objects or purposes, or classes of objects or purposes,
hereinafter described.
Section 2. The specific objects or purposes, or classes of
objects or purposes, to be financed pursuant to this bond resolution
(collectively, the “Project”), the respective estimated maximum cost of such
specific objects or purposes, the principal amount of serial bonds, and/or of
bond anticipation notes issued in anticipation of the issuance of such serial
bonds, authorized for such specific objects or purposes, and the period of
probable usefulness of such specific objects or purposes, or classes of objects
or purposes, pursuant to the applicable subdivision of paragraph a of Section
11.00 of the Local Finance law, are as follows:
(a) The
acquisition, construction or reconstruction of or addition to a sewer system,
in and for the Village, and any preliminary and incidental costs related
thereto, at an estimated maximum cost of $2,501,000, for which $2,501,000
principal amount of serial bonds, and/or bond anticipation notes issued in
anticipation of the issuance of such serial bonds, are authorized herein and
appropriated therefore, having a period of probable usefulness of thirty (30)
years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local
Finance Law. Such serial bonds shall have a maximum maturity of thirty (30)
years computed from the earlier of (a) the date of the first issue of such
serial bonds or (b) the date of the first issue of bond anticipation notes
issued in anticipation of the issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained
and hereby states that (a) the estimated maximum costs of the Project are not
to exceed $2,501,000; (b) no money has heretofore been authorized to be applied
to the payment of the costs of the Project; (c) the Board of Trustees of the
Village plans to finance the costs of the Project from the proceeds of the
serial bonds authorized herein and/or bond anticipation notes issued in
anticipation of the issuance of such serial bonds; (d) the maximum 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 the obligations authorized herein
are to be applied to reimburse the Village, the Board of Trustees of the Village
took “official action” for federal income tax purposes to authorize the capital
financing of such expenditure.
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, and the power to issue, sell and deliver such
serial bonds and such bond anticipation notes, are hereby delegated to the
Village Treasurer, as the chief fiscal officer of the Village. The Village
Treasurer is hereby authorized to execute on behalf of the Village 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 Village
Clerk is hereby authorized to impress the seal of the Village (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 Village Treasurer.
Section 5. The faith and credit of the Village 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 Village
Clerk shall cause the same, or a summary thereof, to be published together with
a notice in substantially the form prescribed by Section 81.00 of the Local
Finance Law in Westmore News and The Journal News a newspaper having a general
circulation in the Village. 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 Village is not
authorized to expend money, or the provisions of law, which should have been
complied with as of the date of the publication of this bond resolution, or
such summary thereof, 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 were 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 Board of Trustees of the Village 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 Board of Trustees of the Village 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 Board of
Trustees of the Village that the Project will not have a significant effect on
the environment.
Section 8. The Village 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 (the “obligations”), to finance the costs
of the Project. The Village 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 Village, 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 Village 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 Village 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 Village made in connection with the Project on or after a date which is not
more than sixty (60) days prior to the date of adoption of this bond resolution
by the Board of Trustees of the Village.
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 Village 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
Village’s continuing disclosure agreement for that purpose, and thereby to
implement that agreement, including provisions for enforcement, amendment and
termination, the Village Treasurer is authorized and directed to sign and
deliver, in the name and on behalf of the Village, the commitment authorized by
subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the
Village Clerk, which shall constitute the continuing disclosure agreement made
by the Village for the benefit of holders and beneficial owners of the
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 Village and that are approved by the Village
Treasurer on behalf of the Village, 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 Village’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 Village would be required to incur to perform thereunder. The
Village Treasurer is further authorized and directed to establish procedures in
order to ensure compliance by the Village 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 Village Treasurer shall consult with, as
appropriate, the Village Attorney and bond counsel or other qualified
independent special counsel to the Village and shall be entitled to rely upon
any legal advice provided by the Village Attorney or such bond counsel or other
qualified independent special counsel 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 Board of Trustees of
the Village and the expiration of the period prescribed in the Village Law
during which petitions for a permissive referendum may be submitted and filed
with the Village Clerk.
VILLAGE OF PORT CHESTER
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Board
of Trustees of the Village of Port Chester (the “Village”), a municipal
corporation of the State of New York, located in the County of Westchester, on
May 21, 2018. 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 Village
is not authorized to expend money, or the provisions of law, which should have
been complied with as of the date of 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 publication of
this notice, or if such obligations were authorized in violation of the
provisions of the Constitution of the State of New York.
Date: June 22, 2018
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 21, 2018, AUTHORIZING THE ISSUANCE
OF UP TO $4,958,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF
PORT CHESTER, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND
RECONSTRUCTION OF BULKHEAD IMPROVEMENTS.
WHEREAS, the Board of Trustees of the Village of Port Chester
(the “Village”), 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 Village to authorize the financing of the costs of the acquisition,
construction and reconstruction of bulkhead improvements and including any
preliminary and incidental costs related thereto, at a total estimated cost not
to exceed $4,958,000, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the
Village of Port Chester, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds
of the Village, and/or bond anticipation notes issued in anticipation of the
issuance of such serial bonds, in the aggregate principal amount not to exceed
$4,958,000 pursuant to the Local Finance Law, in order to finance the costs of
the specific objects or purposes, or classes of objects or purposes,
hereinafter described.
Section 2. The specific objects or purposes, or classes of
objects or purposes, to be financed pursuant to this bond resolution
(collectively, the “Project”), the respective estimated maximum cost of such
specific objects or purposes, the principal amount of serial bonds, and/or of
bond anticipation notes issued in anticipation of the issuance of such serial
bonds, authorized for such specific objects or purposes, and the period of probable
usefulness of such specific objects or purposes, or classes of objects or
purposes, pursuant to the applicable subdivision of paragraph a of Section
11.00 of the Local Finance law, are as follows:
(a) The acquisition, construction, and reconstruction of bulkhead
improvements, in and for the Village, and any preliminary and incidental costs
related thereto, at an estimated maximum cost of $4,958,000, for which
$4,958,000 principal amount of serial bonds, and/or bond anticipation notes
issued in anticipation of the issuance of such serial bonds, are authorized
herein and appropriated therefore, having a period of probable usefulness of
thirty (30) years pursuant to subdivision 22 of paragraph a of Section 11.00 of
the Local Finance Law. Such serial bonds shall have a maximum maturity of
thirty (30) years computed from the earlier of (a) the date of the first issue
of such serial bonds or (b) the date of the first issue of bond anticipation
notes issued in anticipation of the issuance of such serial bonds; and
Section 3. The Board of Trustees of the Village has ascertained
and hereby states that (a) the estimated maximum costs of the Project are not
to exceed $4,958,000; (b) no money has heretofore been authorized to be applied
to the payment of the costs of the Project; (c) the Board of Trustees of the
Village plans to finance the costs of the Project from the proceeds of the
serial bonds authorized herein and/or bond anticipation notes issued in
anticipation of the issuance of such serial bonds; (d) the maximum 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 the obligations authorized herein are
to be applied to reimburse the Village, the Board of Trustees of the Village
took “official action” for federal income tax purposes to authorize the capital
financing of such expenditure.
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, and the power to issue, sell and deliver such
serial bonds and such bond anticipation notes, are hereby delegated to the
Village Treasurer, as the chief fiscal officer of the Village. The Village
Treasurer is hereby authorized to execute on behalf of the Village 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 Village
Clerk is hereby authorized to impress the seal of the Village (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 Village Treasurer.
Section 5. The faith and credit of the Village 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 Village
Clerk shall cause the same, or a summary thereof, to be published together with
a notice in substantially the form prescribed by Section 81.00 of the Local
Finance Law in Westmore News and The Journal News a newspaper having a general
circulation in the Village. 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 Village is not
authorized to expend money, or the provisions of law, which should have been
complied with as of the date of the publication of this bond resolution, or
such summary thereof, 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 were 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 Board of Trustees of the Village 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
Board of Trustees of the Village 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 Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village 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 (the “obligations”), to
finance the costs of the Project. The Village 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 Village, 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 Village 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 Village 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 Village made in connection with the Project
on or after a date which is not more than sixty (60) days prior to the date of
adoption of this bond resolution by the Board of Trustees of the Village.
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 Village 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
Village’s continuing disclosure agreement for that purpose, and thereby to
implement that agreement, including provisions for enforcement, amendment and
termination, the Village Treasurer is authorized and directed to sign and
deliver, in the name and on behalf of the Village, the commitment authorized by
subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the
Village Clerk, which shall constitute the continuing disclosure agreement made
by the Village for the benefit of holders and beneficial owners of the
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 Village and that are approved by the Village Treasurer
on behalf of the Village, 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 Village’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 Village would be required to incur to perform thereunder. The
Village Treasurer is further authorized and directed to establish procedures in
order to ensure compliance by the Village 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 Village Treasurer shall consult with, as
appropriate, the Village Attorney and bond counsel or other qualified
independent special counsel to the Village and shall be entitled to rely upon
any legal advice provided by the Village Attorney or such bond counsel or other
qualified independent special counsel 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 Board of Trustees of
the Village and the expiration of the period prescribed in the Village Law
during which petitions for a permissive referendum may be submitted and filed
with the Village Clerk.
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Board
of Trustees of the Village of Port Chester (the “Village”), a municipal
corporation of the State of New York, located in the County of Westchester, on
May 21, 2018. 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 Village is not authorized to expend money, or the provisions of law,
which should have been complied with as of 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 were authorized in
violation of the provisions of the Constitution of the State of New York.
Date: June 22, 2018
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 21, 2018, AUTHORIZING THE ISSUANCE
OF UP TO $150,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF
PORT CHESTER, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF A GENERATOR.
WHEREAS, the Board of Trustees of the Village of Port Chester
(the “Village”), 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 Village to authorize the financing of the costs of the acquisition of a
generator, including the acquisition of any applicable equipment, machinery or
apparatus, necessary therefore and any preliminary and incidental costs related
thereto, at a total estimated cost not to exceed $150,000, all in accordance
with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the
Village of Port Chester, County of Westchester, State of New York, as follows:
Section
1. There is hereby authorized to be issued serial bonds of the Village, and/or
bond anticipation notes issued in anticipation of the issuance of such serial
bonds, in the aggregate principal amount not to exceed $150,000, pursuant to
the Local Finance Law, in order to finance the costs of the acquisition of a
generator, including the acquisition of any applicable equipment, machinery, or
apparatus, therefor and any preliminary and incidental costs related thereto
(the “Project”).
Section
2. The Board of Trustees of the Village has ascertained and hereby states that
(a) the estimated maximum costs of the Project will not exceed $150,000; (b) no
money has heretofore been authorized to be applied to the payment of the costs
of the Project; (c) the Board of Trustees of the Village 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 maximum maturity of the serial bonds authorized
herein shall not be in excess of ten (10) 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 Village, the Board of Trustees of the Village 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 of a class of object or purpose
as described in subdivision 13 of paragraph a of Section 11.00 of the Local
Finance Law and that the period of probable usefulness of the Project is ten
(10) years. The serial bonds authorized herein shall have a maximum maturity of
ten (10) years computed from the earlier of (a) the date of the first issue of
such serial bonds, or (b) the date of the first issue of 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/or 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, and the power to issue, sell and deliver such
serial bonds and such bond anticipation notes, are hereby delegated to the
Village Treasurer, as the chief fiscal officer of the Village. The Village
Treasurer is hereby authorized to execute on behalf of the Village 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 Village
Clerk is hereby authorized to impress the seal of the Village (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 Village Treasurer.
Section 5. The faith and credit of the Village 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 Village
Clerk shall cause the same, or a summary thereof, to be published, together
with a notice in substantially the form prescribed by Section 81.00 of the Local
Finance Law, in Westmore News and The Journal News, a newspaper having a
general circulation in the Village. 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 Village
is not authorized to expend money, or the provisions of law, which should have
been complied with as of the date of publication of this bond resolution, or
such summary thereof, 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 were 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 Board of Trustees of the Village 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 Board of Trustees of the Village 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 Board of
Trustees of the Village that the Project will not have a significant effect on
the environment.
Section 8. The Village 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 Village 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
Village, 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 Village 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
Village 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 Village made in connection with the Project on or after a
date which is not more than sixty (60) days prior to the date of adoption of
this bond resolution by the Board of Trustees of the Village.
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 Village 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
Village’s continuing disclosure agreement for that purpose, and thereby to
implement that agreement, including provisions for enforcement, amendment and
termination, the Village Treasurer is authorized and directed to sign and
deliver, in the name and on behalf of the Village, the commitment authorized by
subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the
Village Clerk, which shall constitute the continuing disclosure agreement made
by the Village 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 Village and that are approved by the Village
Treasurer on behalf of the Village, 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 Village’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 Village would be required to incur to perform thereunder. The
Village Treasurer is further authorized and directed to establish procedures in
order to ensure compliance by the Village 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 Village Treasurer shall consult with, as
appropriate, the Village Attorney and bond counsel or other qualified
independent special counsel to the Village and shall be entitled to rely upon
any legal advice provided by the Village Attorney and such bond counsel or
other qualified independent special counsel 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 Board of Trustees of
the Village and the expiration of the period prescribed in the Village Law
during which petitions for a permissive referendum may be submitted and filed
with the Village Clerk.
VILLAGE OF PORT CHESTER
COUNTY OF WESTCHESTER, NEW YORK
ESTOPPEL NOTICE
The bond resolution published herewith was adopted by the Board
of Trustees of the Village of Port Chester (the “Village”), a municipal
corporation of the State of New York, located in the County of Westchester, on
May 21, 2018. 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 Village
is not authorized to expend money, or the provisions of law, which should have
been complied with as of the date of 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 publication of
this notice, or if such obligations were authorized in violation of the
provisions of the Constitution of the State of New York.
Date: June 22, 2018
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
PUBLIC NOTICE
PUBLIC NOTICE is hereby given that the Board of Trustees of the
Village of Port Chester, New York, will hold a PUBLIC HEARING on Monday, May
21, 2018, at 7:00 p.m. or as soon thereafter, at the Port Chester Justice
Courtroom, 2nd Floor, 350 North Main Street, Port Chester, New York,
to express views on the performance of the Village and its contractors
regarding CDBG Project #1528WC-PF223-15 (Senior Center).
Interested persons are invited to attend and will be afforded the
opportunity to be heard at this time.
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
Date: June 22, 2018
|
PUBLIC NOTICE
PUBLIC NOTICE is hereby given that the Board of Trustees of the
Village of Port Chester, New York, will hold a PUBLIC HEARING on Monday, May
21, 2018, at 7:00 p.m. or as soon thereafter, at the Port Chester Justice
Courtroom, 2nd Floor, 350 North Main Street, Port Chester, New York,
to consider the advisability of adopting a local law regarding Chapter 313 of
the Code of the Village of Port Chester, previously reserved, to be entitled
“Valet Parking”, and amending Chapter 5, “Appearance Tickets” and Chapter 175,
“Fees”, to create a valet parking permitting process in the Village.
Interested persons are invited to attend and will be afforded the
opportunity to be heard at this time. The copy of the proposed local law is
available at the Village Clerk’s office or online at the Village website www.portchesterny.com.
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
Date: June 22, 2018
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PUBLIC NOTICE
PUBLIC NOTICE is hereby given that the Board of Trustees of the
Village of Port Chester, New York, will hold a PUBLIC HEARING on Monday, May
21, 2018, at 7:00 p.m. or as soon thereafter, at the Port Chester Justice
Courtroom, 2nd Floor, 350 North Main Street, Port Chester, New York,
to consider the request of Rofeld Realty Corp. regarding the proposed
subdivision of the property located at 600 King Street, also designated as
Section 136.45 Block 1 Lot 53 on the Tax Map of the Town of Rye into four (4)
single-family lots.
Interested persons are invited to attend and will be afforded the
opportunity to be heard at this time. The copy of the application package is
available at the Village Clerk’s office or online at the Village website www.portchesterny.com.
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
Date: June 22, 2018
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PUBLIC NOTICE
PUBLIC NOTICE is hereby given that the Board of Trustees of the
Village of Port Chester, New York, will hold a PUBLIC HEARING on Monday, May
21, 2018, at 7:00 p.m. or as soon thereafter, at the Port Chester Justice
Courtroom, 2nd Floor, 350 North Main Street, Port Chester, New York,
to express views on the performance of the Village and its contractors
regarding CDBG Project #1528WC-PR222-15 (Sewer Repairs).
Interested persons are invited to attend and will be afforded the
opportunity to be heard at this time.
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
Date: June 22, 2018
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