Public Notices

March 14, 2024 at 2:38 a.m.

Notice of Formation of a NY Limited Liability Company. Name: PIOcare Services, LLC. Articles of Organization filing date with Secretary of State (SSNY) was 02/07/2024. Office location: Westchester County. SSNY has been designated as agent of LLC upon whom process against it may be served and SSNY shall mail copy of process to Cerissa Ann Soto, 907 Palmer Ave., Apt. B1, Mamaroneck, NY 10543. Purpose is to engage in any and all business activities permitted under NYS laws.




Notice of Formation of DBSG CONSULTING, LLC. Articles of Organization filed with SSNY on 11/27/2023. Office location: Westchester Country. SSNY is designated as agent of LLC upon whom process against it may be served. SSNY shall mail process to: 26 Murray Hill Rd, Scarsdale, NY 10583. Purpose: any lawful act or activity.




NOTICE OF FORMATION OF LIMITED LIABILITY COMPANY - MICHELLE BROWN PSYCHOLOGICAL SERVICES, PLLC FIRST: The name of the Limited Liability Company is MICHELLE BROWN PSYCHOLOGICAL SERVICES, PLLC (hereinafter referred to as the "Company"). SECOND: The Articles of Organization of the Cpmpany were filed with the Secretary of State of the State of New York on March 16, 2d23. THIRD: The County within New York in which the office of the Company is to be located il Westchester. FOURTH: The Secretary of State has been designated as agent upon whom process against the Company may be served. The address to which the Secretary of State shall mail process to is 7 Crestview Avenue, Cortlandt Manor, New York 10567. FIFTH: The purpose of the Company is to engage in any lawful activity under the laws of the State of New York. The Articles of Organization of MICHELLE BROWN PSYCHOLOGICAL SERVICES, PLLC were subscribed to by THE KLEISTER LAW GROUP, LLC, 85 East Main Street, Washingtonville, New York 10992.




PUBLIC NOTICE


NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on Tuesday, April 9, 2024, at 7:30pm, at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law authorizing a property tax levy in excess of the limit established in General Municipal Law §3-C. The meeting will be available in person, on Cable TV, and live streamed on the Village website. Written comments may be submitted in advance to Gregory Rivera, Assistant to the Village Administrator/Clerk at [email protected] (or the prior mailing address on this notice) Please check for updates at www.ryebrook.org or call (914) 939-1121.


Christopher J. Bradbury

Village of Rye Brook, New York


Publication Date:

Friday, March 15, 2024




PUBLIC NOTICE


PUBLIC NOTICE is hereby given that the Board of Trustees of the Village of Port Chester, New York, having duly convened on January 16, 2024 adopted Local Law No. I-6 of the Year 2023, entitled “A LOCAL LAW AMENDING THE CODE OF THE VILLAGE OF PORT CHESTER, CHAPTER 345, “ZONING”, IMPOSING A TEMPORARY DEVELOPMENT MORATORIUM ON BATTERY ENERGY STORAGE SYSTEMS IN ORDER TO REVIEW AND MAKE NECESSARY CHANGES TO THE ZONING CODE, an abstract which is hereto annexed.


Said Local Law amends the Code of the Village of Port Chester, New York, and shall take effect immediately upon due publication and filing with the Secretary of State.


This Notice is published in the official newspaper designated by resolution of the Board of Trustees. A printed copy thereof shall be conspicuously posted as required by law. The Local Law shall be entered in the Minutes of the Board of Trustees of the Village of Port Chester, New York.


BY THE ORDER OF THE BOARD OF TRUSTEES OF THE

VILLAGE OF PORT CHESTER, N.Y.

LUIS MARINO, Mayor

JANUSZ R. RICHARDS, Village Clerk

March 15, 2024


ABSTRACT:


Local Law No. I-6 of 2023 imposes a temporary moratorium on land use applications involving battery energy storage systems (“BESS”). An application currently before the Planning Commission illustrates that the form-based Zoning Code that was adopted in 2020 did not anticipate, much less provide a sufficient regulatory framework regarding this emerging technology. The Board of Trustees is aware that New York State has taken actions to encourage such uses as part of a broader initiative to reduce the carbon footprint. However, recent reported events demonstrate that BESS presents public safety and other impacts of local concern that must be considered. 


The Local Law imposes a moratorium of ninety (90) days from the effective date of the local law or the adoption of new zoning changes whichever comes first.  If it appears that the Board’s due diligence will not be completed within such time-frame, the moratorium may be extended for an additional ninety (90) days.


The Local Law provides a process of granting relief from the application of the moratorium upon a showing of unnecessary hardship.




PUBLIC NOTICE


PUBLIC NOTICE is hereby given that the Planning Commission of the Village of Port Chester, New York, will hold a PUBLIC HEARING on Monday, March 25, 2024 in the Village Justice Courtroom, 350 North Main Street, Port Chester, NY at 7:00 PM or shortly thereafter, to consider an Amended Site Plan Application submitted by the Stagg Group in connection with the property located in the CD-5 District identified on the Village Tax Map as Section 136.79, Block 1, Lot(s) 23, to build a 100 unit residential development.


All interested parties may appear at the public hearing.


Any questions, please contact the Village Department of Planning and Economic Development at: (914) 937-6780, or [email protected]

https://www.portchesterny.com/home/webforms/contact-us


NOTICIA PÚBLICA


Por la presente se da AVISO PÚBLICO de que la Comisión de Planificación de Village of Port Chester, Nueva York, llevará a cabo una AUDIENCIA PÚBLICA el lunes 25 de marzo de 2024 en la Sala del Tribunal de Justicia de Village, 350 North Main Street, Port Chester, NY a las 7:00 PM o poco después, para considerar una Solicitud de plano de sitio enmendado presentada por Stagg Group en relación con la propiedad ubicada en el Distrito CD-5 identificada en el Mapa de Impuestos de la Villa como Sección 136.79, Bloque 1, Lote(s) 23, para construir un desarrollo residencial de 100 unidades.


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Todas las partes interesadas pueden comparecer en la audiencia pública.


Cualquier pregunta, comuníquese con el Departamento de Planificación y Desarrollo Económico de la Aldea al: (914) 937-6780, o [email protected]

https://www.portchesterny.com/home/webforms/contact-us




ISSUANCE OF UP TO $507,425 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF RYE, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION BOND RESOLUTION, DATED FEBRUARY 15, 2024, AUTHORIZING THE AND RECONSTRUCTION OF FACILITIES OF THE RYE TOWN PARK COMMISSION


WHEREAS, the Town Council of the Town of Rye (the “Town”), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Town to authorize the financing of the costs of the acquisition, construction and reconstruction of facilities of the Rye Town Park Commission, including improvements to accessibility, security and information technology improvements, replacement of maintenance and safety equipment and vehicles, upgrades to existing facilities and structures, including bathhouse renovations, and related parking and infrastructure, flood mitigation improvements and including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto (collectively, the “Project”), at a total estimated cost not to exceed $507,425, in accordance with the Local Finance Law;


NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Rye, County of Westchester, State of New York, as follows:

Section 1. There is hereby authorized to be issued serial bonds of the Town, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $507,425, pursuant to the Local Finance Law, in order to finance the costs of the Project.


Section 2. The Town Council has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $507,425; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Town Council plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Town, the Town Council took “official action” for federal income tax purposes to authorize the capital financing of such expenditure.


Section 3. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, as described in subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is fifteen (15) years. The serial bonds authorized herein shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of issuance of such serial bonds, or (b) the date of issuance of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.


Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, including the authority to issue such obligations on the basis of substantially level or declining annual debt service, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town. The Town Supervisor is hereby authorized to execute on behalf of the Town all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Town Clerk, or in the absence of the Town Clerk, the Deputy Town Clerk, is hereby authorized to impress the seal of the Town (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Town Supervisor.


Section 5. The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.


Section 6. When this bond resolution takes effect, the Town Clerk shall cause the same to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News and The Westmore News, newspapers having a general circulation in the Town. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Town is not authorized to expend money, or the provisions of law, which should have been complied with at the date of the publication of this bond resolution, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State of New York.


Section 7. Prior to the issuance of any obligations authorized herein, the Town Council shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Town Council will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Town Council that the Project will not have a significant effect on the environment.


Section 8. The Town hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the “obligations”), to finance the costs of the Project. The Town covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations, or any other funds of the Town, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Town to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Town to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution, or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Town made in connection with the Project on or after a date which is not more than sixty (60) days prior to the adoption date of this bond resolution by the Town Council.


Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Town agrees, in accordance with, and as an obligated person with respect to such obligations under, Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Town’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Town Supervisor is authorized and directed to sign and deliver, in the name and on behalf of the Town, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Town Clerk, which shall constitute the continuing disclosure agreement made by the Town for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Town and that are approved by the Town Supervisor on behalf of the Town, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the Town’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Town would be required to incur to perform thereunder. The Town Supervisor is further authorized and directed to establish procedures in order to ensure compliance by the Town with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Town Supervisor shall consult with, as appropriate, the Town Attorney and bond counsel or other qualified independent special counsel to the Town and shall be entitled to rely upon any legal advice provided by the Town Attorney or such bond counsel or other qualified independent special counsel of the Town in determining whether a filing should be made.


Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Town Council and the expiration of the period prescribed in the Town Law during which petitions for a permissive referendum may be submitted and filed with the Town Clerk.


TOWN OF RYE

COUNTY OF WESTCHESTER, NEW YORK

ESTOPPEL NOTICE


The bond resolution published herewith was adopted by the Town Council of the Town of Rye (the “Town”), a municipal corporation of the State of New York, located in the County of Westchester, on February 15, 2024. The effectiveness of such bond resolution was subject to a permissive referendum and notice thereof was given as prescribed by law. The period of time prescribed by law has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such bond resolution may be hereafter contested only if such obligations were authorized for an object or purpose, or class of object or purpose, for which the Town is not authorized to expend money, or the provisions of law, which should have been complied with at the date of the publication of this notice, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of the publication of this notice, or if such obligations are authorized in violation of the provisions of the Constitution of the State of New York.


Date: March 15 , 2024


/s/ Hope B. Vespia

Hope B. Vespia

Town Clerk

Town of Rye, New York




PUBLIC NOTICE is hereby given that the Zoning Board of Appeals of the Village of Port Chester, New York, will hold a meeting on Thursday, March 21st, 2024 in the Village Justice Courtroom, 350 North Main Street, Port Chester, NY at 7:00 PM or shortly thereafter, to consider the Appeal-Of-Decision application submitted by New Broad St. LLC in connection with the Certificate of Zoning Compliance issued in connection with the Site Plan Application of Neri Land Improvement, LLC, Case No. 2023-0251, for the property located at 41 Pearl Street, located in zoning District CD-6, and identified on the Village Tax Map as Section 142 Block 30, Lot(s) 2-6, the relief sought is: (i) to reverse and modify the determination made in the Zoning Compliance Certificate that the Site Plan Approval Application of Neri Land Improvement, LLC, 41 Pearl Street, Case No. 2023-0251 conforms to Chapter 345 (Zoning) of the Code of the Village of Port Chester.


All interested parties may appear at the meeting.


Any questions, please contact the Village Department of Planning and Economic Development at: (914) 937-6780, or [email protected]


https://www.portchesterny.com/home/webforms/contact-us


NOTICIA PÚBLICA

Por la presente se da AVISO PÚBLICO que la Junta de Apelaciones de Zonificación de Village of Port Chester, Nueva York, celebrará una reunión el jueves 21 de marzo de 2024 en la Sala del Tribunal de Justicia de Village, 350 North Main Street, Port Chester, NY a las 7: 00 p.m. o poco después, para considerar la solicitud de apelación de decisión presentada por New Broad St. LLC en relación con el Certificado de cumplimiento de zonificación emitido en relación con la Solicitud del plano del sitio de Neri Land Improvement, LLC, Caso No. 2023- 0251, para la propiedad ubicada en 41 Pearl Street, ubicada en el Distrito de zonificación CD-6, e identificada en el Mapa de Impuestos Municipales como Sección 142 Bloque 30, Lote(s) 2-6, el alivio solicitado es: (i) revertir y modificar la determinación hecha en el Certificado de Cumplimiento de Zonificación de que la Solicitud de Aprobación del Plano del Sitio de Neri Land Improvement, LLC, 41 Pearl Street, Caso No. 2023-0251 se ajusta al Capítulo 345 (Zonificación) del Código de la Villa de Port Chester.


Todas las partes interesadas pueden comparecer en la reunión.


Cualquier pregunta, comuníquese con el Departamento de Planificación y Desarrollo Económico de la Aldea al: (914) 937-6780, o [email protected]


https://www.portchesterny.com/home/webforms/contact-us




BOND RESOLUTION, DATED FEBRUARY 15, 2024, AUTHORIZING THE ISSUANCE OF UP TO $1,400,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE TOWN OF RYE, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COST OF THE RECONSTRUCTION OF AND IMPROVEMENTS TO OTTER CREEK BRIDGE


WHEREAS, the Town Council of the Town of Rye (the “Town”), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Town to authorize the financing of the costs of the reconstruction of and improvements to Otter Creek Bridge, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto (the “Project”), at a total estimated cost not to exceed $1,400,000, in accordance with the Local Finance Law;


NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Rye, County of Westchester, State of New York, as follows:


Section 1. There is hereby authorized to be issued serial bonds of the Town, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $1,400,000, pursuant to the Local Finance Law, in order to finance the costs of the Project.


Section 2. The Town Council has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $1,400,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Town Council plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, except to the extent of the receipt by the Town of Federal, State or local government funds or grants-in-aid which amounts received will reduce the amount of serial bonds authorized herein pro tanto; (d) the maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Town, the Town Council took “official action” for federal income tax purposes to authorize the capital financing of such expenditure.


Section 3. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, as described in subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is twenty (20) years. The serial bonds authorized herein shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of issuance of such serial bonds, or (b) the date of issuance of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.


Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, including the authority to issue such obligations on the basis of substantially level or declining annual debt service and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Town Supervisor, as the chief fiscal officer of the Town. The Town Supervisor is hereby authorized to execute on behalf of the Town all serial bonds issued pursuant to this bond resolution, and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Town Clerk, or in the absence of the Town Clerk, the Deputy Town Clerk, is hereby authorized to impress the seal of the Town (or to have imprinted a facsimile thereof) on all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Town Supervisor.


Section 5. The faith and credit of the Town are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.


Section 6. When this bond resolution takes effect, the Town Clerk shall cause the same to be published, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in The Journal News and The Westmore News, newspapers having a general circulation in the Town. The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Town is not authorized to expend money, or the provisions of law, which should have been complied with at the date of the publication of this bond resolution, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State of New York.


Section 7. Prior to the issuance of any obligations authorized herein, the Town Council shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Town Council will re-adopt, amend or modify this bond resolution prior to the issuance of any obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Town Council that the Project will not have a significant effect on the environment.


Section 8. The Town hereby declares its intention to issue the serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the “obligations”), to finance the costs of the Project. The Town covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations, or any other funds of the Town, and will not make any use of the Project which would cause the interest on such obligations to become subject to federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Town to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Town to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of any serial bonds authorized and issued under this bond resolution, or any other provisions hereof, until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Town made in connection with the Project on or after a date which is not more than sixty (60) days prior to the adoption date of this bond resolution by the Town Council.


Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Town agrees, in accordance with, and as an obligated person with respect to such obligations under, Rule 15c2-12 (the “Rule”) promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner as may be required for purposes of the Rule. In order to describe and specify certain terms of the Town’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Town Supervisor is authorized and directed to sign and deliver, in the name and on behalf of the Town, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Town Clerk, which shall constitute the continuing disclosure agreement made by the Town for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Town and that are approved by the Town Supervisor on behalf of the Town, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment shall be the Town’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Town would be required to incur to perform thereunder. The Town Supervisor is further authorized and directed to establish procedures in order to ensure compliance by the Town with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Town Supervisor shall consult with, as appropriate, the Town Attorney and bond counsel or other qualified independent special counsel to the Town and shall be entitled to rely upon any legal advice provided by the Town Attorney or such bond counsel or other qualified independent special counsel of the Town in determining whether a filing should be made.


Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Town Council and the expiration of the period prescribed in the Town Law during which petitions for a permissive referendum may be submitted and filed with the Town Clerk.


TOWN OF RYE

COUNTY OF WESTCHESTER, NEW YORK

ESTOPPEL NOTICE


The bond resolution published herewith was adopted by the Town Council of the Town of Rye (the “Town”), a municipal corporation of the State of New York, located in the County of Westchester, on February 15, 2024. The effectiveness of such bond resolution was subject to a permissive referendum and notice thereof was given as prescribed by law. The period of time prescribed by law has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such bond resolution may be hereafter contested only if such obligations were authorized for an object or purpose, or class of object or purpose, for which the Town is not authorized to expend money, or the provisions of law, which should have been complied with at the date of the publication of this notice, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of the publication of this notice, or if such obligations are authorized in violation of the provisions of the Constitution of the State of New York.


Date: March 15, 2024


/s/ Hope B. Vespia

Hope B. Vespia

Town Clerk

Town of Rye, New York

 






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