Notice of
Formation of ZAGANA, LLC. filed with NY Secy of State (SSNY)
on 04/10/2019. Office location: Westchester County. SSNY is designated as
agent of LLC upon whom process against it may be served. SSNY shall mail
process to: 24 Indian cove rd, Mamaroneck. NY 10543. Purpose: any lawful
activity.
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2019-2020 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, 2019. Due to the fact that the 30th
falls on Sunday 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, 2019 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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2019-2020 VILLAGE OF 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, 2019. Due to the fact that the 30th falls
on Sunday 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, 2019 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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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Board of
Trustees of the Village of Rye Brook shall hold a public hearing on June 27,
2019 at 7:30 p.m. at Village Hall located at 938 King Street, Rye Brook, New
York to consider a site plan for demolition of an existing building submitted
for property at 900 King Street.
Christopher J. Bradbury
Village of Rye Brook, New York
Publication Date: Friday, June 14, 2019
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the Board of
Trustees of the Village of Rye Brook shall hold a public hearing on July 10,
2019 at 7:30 p.m. at Village Hall located at 938 King Street, Rye Brook, New York
to consider a FAH Rezoning Petition, Subdivision application, and Lot 1 Site
Plan application for construction of two two-family affordable dwellings on
proposed Lot 1 at 259 N. Ridge Street.
Christopher J. Bradbury
Village of Rye Brook, New York
Publication Date: Friday, June 14, 2019
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Case No. 2019-0193
NOTICE OF HEARING
ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has
applied to the Zoning Board of Appeals of the Village of Port Chester, N.Y.
Daniel & Hazel Williams
31-33 Poningo Street
Port Chester, NY 10573
Anthony B. Gioffre III, Esq.
Cuddy & Feder LLP
445 Hamilton Avenue
White
Plains, NY 10601
on the premises identified as 31-33 Poningo
Street (Section 142.22, Block No. 2 Lot No. 18) for a determination under the discretionary
power vested in the Zoning Board of Appeals by Village Code Sections 345-13 and
345-29A.
The Applicants respectfully request a
determination of the Zoning Board of Appeals overturning the Village Building
Inspector’s denial of the Applicants’ building permit application based on a
determination that the existing 6-family dwelling use is not permitted. The
requested determination is in furtherance of the Applicants’ building permit
application for minor renovations and fire-protection improvements to the
existing legal nonconforming 6-family dwelling at the premises.
PLEASE TAKE NOTICE that a public hearing on said
application will be held before said Zoning Board of Appeals on the 20th day of
June, 2019 at 7:00 o’clock in the evening at the Court Room, Police
Headquarters Building, 350 North Main Street, Port Chester, New York.
Date:
June 6, 2019
Port
Chester, NY 10573
ZONING BOARD
OF APPEALS
William Villanova, Chairman
Evelyn Petrone
Art D’Estrada
John Allen
Juliana Alzate
Keith Morlino
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Case No. 2019-0192
NOTICE OF HEARING
ON APPLICATION
NOTICE IS HEREBY GIVEN that the undersigned has
applied to the Zoning Board of Appeals of the Village of Port Chester, N.Y.
George & Perri Caso
27
Halstead Ave
Port Chester NY 10573
on the premises No. 27 Halstead Avenue, being
Section 136.47, Block No. 1 Lot No. 2 on the Assessment Map of the said
Village, being a variance from the applicable Zoning Ordinance or Ordinances in
the following respects:
Application is hereby made under the discretionary
power vested in you by Section 345-29A, 345-13 or in the alternative 345.30 of
the Zoning Ordinance of the Village of Port Chester for permission to obtain
construct a 10’ x16’9” second story side addition
PLEASE TAKE NOTICE that 27 Halstead Avenue is located in the R7 District which
requires a minimum of a 10 foot side yard dimension. A review of the
construction drawings revealed that the existing building has a one story
enclosed room with a side yard dimension of 4.8 feet and is hereby deemed to be
a legal non-conforming building. The construction of a 10’ x 16’9” second story
side addition on top of the existing one story enclosed room will increase the
degree of the non-conforming side yard dimensions in violation with the Code of
the Village of Port Chester (Zoning Law) section 345-13 D. (1)
Zoning Law Section 345-13 D. (1). States “A
nonconforming building or structure that is not devoted to a non-conforming use
may be reconstructed or altered, enlarged or extended, and the provisions of
Subsection C, above, shall not apply, except that the degree of nonconformity
shall not be increased.”
and that a public hearing on said application
will be held before said Board on the 20th day of June, 2019 at 7:00 o’clock in
the evening at the Court Room, Police Headquarters Building, 350 North Main
Street, Port Chester, New York.
Date: June 4, 2019
Port Chester, NY 10573
ZONING BOARD
OF APPEALS
William Villanova, Chairman
Evelyn Petrone
Art D’Estrada
John Allen
Juliana Alzate
Keith Morlino
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PUBLIC NOTICE
REQUEST FOR ENGINEERING SERVICES
RFQ NO 2019-02
VILLAGE OF PORT CHESTER
WESTCHESTER COUNTY, NEW YORK
NOTICE IS HEREBY GIVEN that sealed proposals for
qualifications will be received by the Village of Port Chester until 3:00 p.m.
local time on July 18, 2019, at the Office of the Village Clerk, 222 Grace
Church Street, Port Chester, New York 10573, at which time and place said
sealed proposals will be publicly opened and read aloud for the work:
ENGINEERING SERVICES
No proposals will be received or considered
after the time stated above.
Copies of the RFQ may be procured at the Office
of the Village Clerk, 222 Grace Church Street, Port Chester, New York or may be
accessed from the Village’s website at www.portchesterny.com on or after June
17, 2019.
All proposals for qualifications must be
submitted in a sealed envelope bearing the name and address of the proposer and
clearly marked “ENGINEERING SERVICES 2019-02”
The Board of Trustees of the Village of Port
Chester reserves the right to accept or reject any or all proposals and to
waive any informalities at their discretion, and to award contracts in a manner
deemed to be in the best interests of the Village of Port Chester even if such
award is to other than the lowest proposal.
It is intended that, whenever possible, positive
recommendations will be presented to the Board of Trustees so that an awarding
of the proposal for qualifications can be made at the next scheduled
meeting. Your cooperation in adhering to
the procedures outlined above and contained within the specifications would be
greatly appreciated.
/s/Christopher Steers
Christopher Steers
Village Manager
Village of Port Chester
Dated: June 14, 2019
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LIMITED LIABILITY COMPANY
Notice of Formation of 7067 SE Greenview Place,
LLC. Art. of Org. filed with Secy of State of NY (SSNY) on 1/15/19. Office
location: Westchester. SSNY designated agent upon whom process may be served.
Address to which the SSNY shall mail copy of any process served against the LLC
is: P. O’Callaghan, 20 Pheasant Dr, Rye, NY 10580. The principal business
address of the LLC is: 20 Pheasant Dr, Rye, NY 10580. Purpose: any lawful act
or activity.
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BOND RESOLUTION, DATED MAY 7, 2019, AUTHORIZING
THE ISSUANCE OF UP TO $445,000 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
$445,000, 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 $445,000, 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 $445,000; (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.
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 7, 2019. The effectiveness of such bond resolution was subject to a
permissive referendum and notice thereof was given as prescribed by law. The period
of time prescribed by law has elapsed for the submission and filing of a
petition for a permissive referendum and a valid petition has not been
submitted and filed. The validity of the obligations authorized by such bond
resolution may be hereafter contested only if such obligations were authorized
for an object or purpose, or class of object or purpose, for which the 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 14, 2019
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
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BOND RESOLUTION, DATED MAY 7, 2019, AUTHORIZING THE ISSUANCE
OF UP TO $2,115,000 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 $2,115,000, 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
$2,115,000 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 $2,315,000, for which $2,115,000 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 $2,315,000; (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 bond anticipation notes issued in anticipation
of the issuance of such serial bonds and (ii) proceeds received from a New York
State grant fund; (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 7, 2019. 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 14, 2019
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 7, 2019, AUTHORIZING THE ISSUANCE
OF UP TO $95,000 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 OF PARKING AREAS, INCLUDING PAVING AND DRAINAGE IMPROVEMENTS AND
(II) THE ACQUISITION AND INSTALLATION OF A HEATING, VENTILATION OR AIR
CONDITIONING SYSTEM IN 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 (i) the acquisition, construction and reconstruction
of parking areas, including paving and drainage improvements ($50,000) and (ii)
the acquisition and installation of a heating, ventilation or air conditioning
system in a Class A building ($45,000) and 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 $95,000, 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 $95,000, 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 of parking areas, including paving and drainage improvements, including any preliminary and incidental costs
related thereto, at an estimated maximum cost of $50,000 for which $50,000
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 ten (10)
years pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the
Local Finance Law. Such serial bonds 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; and
(b) The
acquisition and installation of a heating, ventilation or air conditioning
system in a Class A building, including any preliminary and incidental costs
related thereto, at an estimated maximum cost of $45,000 for which $45,000
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 ten (10)
years pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local
Finance Law. Such serial bonds 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 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 $95,000; (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 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.
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 7, 2019. The effectiveness of such bond resolution was subject to a
permissive referendum and notice thereof was given as prescribed by law. The
period of time prescribed by law has elapsed for the submission and filing of a
petition for a permissive referendum and a valid petition has not been
submitted and filed. The validity of the obligations authorized by such bond
resolution may be hereafter contested only if such obligations were authorized
for an object or purpose, or class of object or purpose, for which the 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 14, 2019
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 7, 2019, AUTHORIZING THE ISSUANCE
OF UP TO $2,818,000 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 CONSTRUCTION, RECONSTRUCTION AND
IMPROVEMENTS TO VILLAGE ROADS AND 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 construction, reconstruction and improvements to Village roads
and streets, including improvements to sidewalks, landscapes, paving and
drainage ($1,100,000) and (ii) the acquisition of machinery and apparatus for
construction and maintenance ($1,718,000) and 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 $2,818,000, 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 $2,818,000, 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 construction, reconstruction and improvements
to Village roads and streets, including improvements to sidewalks, landscapes
and drainage, including any preliminary and incidental costs related thereto, at an estimated
maximum cost of $1,250,000 for which $1,100,000 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 $1,718,000 for which
$1,718,000 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 $2,968,000; (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.
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 7, 2019. The effectiveness of such bond
resolution was subject to a permissive referendum and notice thereof was given
as prescribed by law. The period of time prescribed by law has elapsed for the
submission and filing of a petition for a permissive referendum and a valid
petition has not been submitted and filed. The validity of the obligations
authorized by such bond resolution may be hereafter contested only if such
obligations were authorized for an object or purpose, or class of object or
purpose, for which the 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 14, 2019
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
|
BOND RESOLUTION, DATED MAY 9, 2019, AUTHORIZING THE ISSUANCE
OF UP TO $1,715,000 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 VEHICLE
AND APPARATUS 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 vehicle and
apparatus for the Village, including any preliminary and incidental costs
related thereto, at a total estimated cost not to exceed $1,715,000, 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 $1,715,000, pursuant to the Local Finance Law, in order to
finance the costs of the acquisition
of a fire-fighting vehicle and apparatus 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 $1,715,000; 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 the proceeds of the serial bonds, or bond
anticipation notes issued in
anticipation of the issuance of such serial bonds authorized herein; (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.
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 9, 2019.
The effectiveness of such bond resolution was subject to a permissive
referendum and notice thereof was given as prescribed by law. The period of time prescribed by law has
elapsed for the submission and filing of a petition for a permissive referendum
and a valid petition has not been submitted and filed. The validity of the obligations authorized by
such bond resolution may be hereafter contested only if such obligations were
authorized for an object or purpose, or class of object or purpose, for which
the 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 14, 2019
/s/ JANUSZ R. RICHARDS
JANUSZ R. RICHARDS
Village Clerk
Village of Port Chester, New York
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