HomeMy WebLinkAbout1994_02_02 Town Board Regular Minutes REVISED
TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING-Wednesday, February 2, 1994 -Town Center Court Room-
8:15 PM
THE TOWN BOARD WILL CONVENE AT 7:00 PM INTO EXECUTIVE SESSION in
Conference Room A to discuss personnel and certiorari matters.
CONVENE REGULAR MEETING
RECESS INTO EXECUTIVE SESSION
ADJOURN EXECUTIVE SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION-Location of Exits
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Other Business
WESTCHESTER COUNTY UPDATE-Legislator George Latimer
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
REPORTS OF THE COUNCIL
REPORTS OF THE TOWN CLERK
AFFAIRS OF THE TOWN
1. Appointments - Traffic Committee
-Planning Board
-Laa cchmont/Mamaroneck Cable TV Board of Control
2. Settlement of Certiorari
3. Authorization -Bonding Resolutions -Purchase of Highway Equipment
-Purchase of Computer Equipment
- Construction&Renovation of Larchmont Library
-Reconstruction of Sidewalks& Curbs
-Reconstruction of Various Streets
- Purchase of Air Compressor for Highway Dept.
4. Authorization - Stop DWI Agreement- Westchester County
5. Authorization - Community Development Bulk Grand Westchester County
6. Authorization - Settlement of Insurance Claim
7. Resolution -Re: Change Polling Place-District 22
8. Salary Authorizations -Recreation
- Town Clerk's Office
PROCLAMATIONS -American History Month
-Black History Month
Next regularly scheduled meetings -February 16, 1994
-March 2, 1994
MINUTES OF THE REGULAR MEETING OF THE
TOWN BOARD AND THE BOARD OF FIRE
COMMISSIONERS HELD ON WEDNESDAY,
FEBRUARY 2, 1994 AT 8:15 PM IN THE COURT
ROOM OF THE TOWN CENTER, 740 W BOSTON
POST ROAD, MAMARONECK, NEW YORK.
CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Price at 7:00 p.m., at
which time on motion duly made and seconded, the meeting was unanimously declared adjourned
into Executive Session in Conference Room A to discuss personnel and certiorari settlements.
The Executive Session, on motion duly made and seconded, was unanimously declared adjourned
at 8:25 pm with no official actions being taken.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by Supervisor Price at 8:30 pm.
Present were the following members of the Board:
Supervisor: Elaine Price
Councilwoman: Kathleen Tracy O'Flinn
Councilman: Paul A. Ryan
Councilwoman: Valerie M. O'Keeffe
Absent:
Councilman: Barry Weprin, who was out of town on business
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Alfieri, Town Administrator
Steven M. Silverberg, Town Counsel
Michael Doherty, Are Chief
CALL TO ATTENTION
Supervisor Price pointed out to those assembled the locations of exits as required by law for
public gatherings.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 8:35 pm in the Court Room.
February 2, 1994
Present were the following members of the Commission:
Commissioner: Elaine Price
Commissioner: Kathleen Tracy O'Flinn
Commissioner: Paul A. Ryan
Commissioner: Valerie M. O'Keeffe
Secretary to the Commission: Patricia DiCioccio
1. Are Claims
Commissioner O'Keeffe presented fire claims for authorization of payment and on her motion,
seconded by Commissioner Ryan, it was unanimously,
RESOLVED, that this Commission hereby authorizes payment of the following Fire Department
claims as approved by the Are Chief and audited by the Comptroller's Office:
OPERATING FUND
1993
Cleaning Systems $ 83.45
Coyne Textile Services 53.59
Lawrence Heat & Power Corp. 2,229.42
Lawrence Heat & Power Corp 126.20
New England Water Company 183.08
New England Uniform 118.40
New York Pager Care 61 .50
Technical Electronics Drive 125.00
1994
National Are Protection 95.00
Pronto Printer 96.00
Print Wear Plus 114.00
Radio Shack 155.81
Radio Shack 214.94
Radio Shack 32.09
Westchester Joint Water Works 15.120.00
TOTAL $ 18,808.80
CAPITAL PROJECTS FUND
Enviroscience, Inc. 1,617.08
Tartaglione Consultants 2.800.00
TOTAL 4,417.00
GRAND TOTAL $ 23,225.56
2. Other Business
Michael Doherty, Are Chief announced that there would be an informal meeting tomorrow,
February 3rd, at the Weaver Street Are House, beginning at 7:30 and its regarding the
upcoming renovations. He invited anyone wishing more information on the construction to please
attend.
There being no further business to come before this Commission, on motion duly made and
seconded, the meeting adjourned at 9:05 pm.
2
•
February 2, 1994
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
Supervisor Price asked if anyone wished to speak. Dr. Alan Mason asked to address the Board
regarding the recent flooding in our area.
Dr. Mason informed the Board that he was the person in charge of the valve at the reservoir
and as such he wanted to report that its working wonderfully. He explained that even during this
past week when we have been deluged with rain and snow, and with frozen drains and frozen
ground, we didn't get the runoff until 10 in the morning. He said that we usually get seepage at
10.6' and we made it to 10.9', and although the valve could have been started earlier, overall
we did well.
The Supervisor thanked him for his diligence on our behalf, adding that she knew what it must be
like having to monitor this constantly, especially having to go out during the inclement weather.
REPORTS OF THE COUNCIL
Councilwoman O'Keeffe reported that she had attended the Traffic Commission meeting where
they had discussed a problem with the traffic light at Weaver Street and Quaker Ridge Road.
She said that during heavy commuting times there was large back up of cars, and that the Town
Administrator had been requested to write to the State to see about the possibility of installing a
left turn signal, and that Suzi Oppenheimer and Ron Tocci would be contacted to ask their help in
getting this changed.
Councilwoman O'Flinn reported that there had been geese at the pond that were unable to fly,
they had been caught and turned over to a wildlife friendly organization that would place the
geese with people who would care for them.
AFFAIRS OF THE TOWN
1. Appointments - Traffic Committee
- Planning Board
- UM Cable TV Board of Control
Councilwoman O'Keeffe requested that this be held over as she had not had
the opportunity to see the resume.
UM Cable TV Board of Control
The Supervisor explained that it was necessary to make the liaison appointment to the Cable TV
Board and that since Councilman Ryan had done such a fine job so far, she thought it fitting to
have him continue in that assignment.
Councilwoman O'Keeffe agreed that Councilman Ryan had done a good job, adding that she was
always impressed by his ability to explain the most complicated details regarding many of the
processes involved in the contracts and such, therefore on her motion, seconded by
Councilwoman O'Flinn, it was unanimously.
3
February 2, 1994
RESOLVED, that the Town Board does hereby reappoint
Councilman Paul Ryan as Our liaison member to the
Larchmont/Mamaroneck Cable TV Board of Control effective
immediately for a term consistent with the bylaws.
Traffic Committee - held over
2. Settlement of Certiorari - 620.Fifth Avenue
Supervisor Price explained that this settlement of certiorari was being made on the
recommendation of George Derderian, who is our advisor on these matters. She said that the
assessment on this property was for a 36% reduction.
On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, it was unanimously,
RESOLVED, that the Town Board does hereby approve the
settlement of certiorari, recommended by George Derderian,
Appraisal Consultant to the Town, on the following:
620 Fifth Avenue
Frank Webers, owner
Town of Mamaroneck
Village of Larchmont [?]
Section 1, Block 132, Lot 33
1993 Assessment Reduced to Amount of Reduction
$67,600 $43,000 $24,600 36%
3. Authorization - Bonding Resolutions:
- Purchase of Highway Equipment
- Construction & Renovation of Larchmont Library
- Reconstruction of Sidewalks &Curbs
- Reconstruction of Various Streets
- Purchase of Air Compressor for Highway Dept.
The Administrator explained that these resolutions were prepared by our Bonding Counsel and
that they were pro forma and in compliance with the New York State Finance Law.
Reconstruction of Various Streets - $100,000
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe,
Reconstruction of Sidewalks & Curbs- $25,000
On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn
Reconstruction - Larchmont Library- $400,000
On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn
Purchase of Computer Equipment $80,500 -
on motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe
Purchase of various Highway Department Equipment $360,000
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan
Purchase of Air Compressor for Highway Department $15,000
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe
THESE BOND RESOLUTIONS AS WELL AS THE VOTES ARE ALL IN THE BACK OF THE
MINUTES - PD
4
February 2, 1994
4. Authorization -Stop DWI Agreement
Mr. Altieri stated that this would be an agreement between the Town and the County
Department of Public Safety which would provide an amount not to exceed $15,000 for police
overtime and mileage for the DWI enforcement program.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck
does hereby approve the agreement between the Town and
the Westchester County Department of Public Safety; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby authorized
to execute the documents necessary to enter into same.
5. Authorization - Community Development Block Grant
The Administrator outlined the proposed contract for the grant in regard to the Hommocks Park
Apartments, noting that the Town had received and additional $56,000 of Community
Development Block Grant funds for the installation of ramps and platforms to provide handicap
accessibility at the ground floor level at the apartments.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that the Town Board of the Town of
Mamaroneck does hereby approve the execution of the
contract for the Community Block Grant in the amount of
$56,000; and
BE IT FURTHER,
RESOLVED, that the Administrator is authorized to execute
the contract on behalf of the Town.
6. Settlement of Insurance Claim
No Paperwork given.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously,
RESOLVED, that the Town Board does approve the settlement of insurance
claim as submitted.
7. Resolution - Change of Polling Place - District 22
The Town Clerk said that she had received an offer from the Sarah Neuman Nursing Home to
use their facility as a polling place during elections, at no cost. She added that in 1986 she had
5
February 2, 1994
requested that the Town Board change this polling site as the room it was located in now was
dark, had no phone, parking was difficult and the election inspectors found it uncomfortable. She
recommended the passage of a resolution authorizing the change.
On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Rinn, it was unanimously,
RESOLVED, that the Town Board of the Town of Mamaroneck does hereby
authorize the relocation of the Polling Place for District 22 to the Sarah
Neuman Nursing Home; and
BE IT FURTHER,
RESOLVED, that the Town Clerk is authorized to execute any necessary
documentation to ensure the relocation of the above.
8. Salary Authorizations -Town Clerk's Office
- Recreation Department
The Town Clerk stated that this was carried over from the last meeting and that she was
requesting the salary authorization for Renee Zen as Deputy Town Clerk, reiterating that this
was a replacement position.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously,
RESOLVED, that the Town Board does hereby authorize the payment of
Salary to Renee Zen as Deputy Town Clerk at a yearly rate of $27,912
effective retroactively to January 23, 1994.
relocation of the Polling Place for District 22 to the Sarah Neuman Nursing
Home; and
BE IT FURTHER,
RESOLVED, that the Town Clerk is authorized to execute any necessary
documentation to ensure the relocation of the above.
Recreation Department
RESOLVED, that as provided for in the 1994 Town Budget,
authority is hereby given for payment of salary to the following:
Sean Curtin, Coach, Youth Hockey, $400/season, effective retroactive to 1/8/94
Sean Curtin, Youth Hockey Travel Teams $10/hr, effective retroactive to 1/8/94
Susan Aloise, Key Attendant, Hommocks Pool, $4.75/hr, effective retroactive to 1/12/94
Hillary Washington, Key Attendant, Hommocks Pool, $4.75/hr, effective retroactive to 1/25/94
Peter O'Brien, Life Guard, Hommocks Pool, $5.50/hr, effective retroactive to 1/26/94.
Added item - Sign Law
The Supervisor explained that the Town Board had been reviewing the sign law and it was now
ready for amendment, therefore it would be required to hold a public hearing.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously,
RESOLVED, that the Town Board does hereby set February
16, 1994 as date for the public hearing on the revisions to
the Sign Law; and
BE IT FURTHER,
6
February 2, 1994
RESOLVED, that the Town Clerk be authorized to publish the
public notice of the meeting in an official newspaper of the
Town.
PROCLAMATION
AMERICAN HISTORY MONTH
WHEREAS, The Congress of the United States of America has designated February as
AMERICAN HISTORY MONTH; and
WHEREAS, the accomplishments of our country and its people in every field of human
endeavor have provided impressive evidence of the positive influence of a free, open and
democratic society; and
WHEREAS, the lessons of our history, in both the successes and the mistakes, furnish
invaluable guidance to those of us who hear the responsibility to preserve and build upon the
benefits of our free, open and democratic society for ourselves and future generations.
NOW THEREFORE, BE IT RESOLVED,
that I, Elaine Price, Supervisor, and the members of the Town Council of the Town of
Mamaroneck do hereby proclaim the month of February 1994
AMERICAN HISTORY MONTH throughout the Town of Mamaroneck and urge all residents to join
with me and the Town Board in the celebration of American History Month.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of
Mamaroneck to be affixed.
Elaine Price, Supervisor Kathleen Tracy O'Flinn,
Councilwoman
Paul A. Ryan, Councilman Valerie Moore O'Keeffe, Councilwoman
Barry A. Weprin, Councilman
Attested to by
Patricia A. DiCioccio,
Townl Clerk
ADJOURNMENT
There being no further business to come before this Board, on motion duly made and seconded,
the meeting was unanimously declared adjourned at 10:17 pm.
Patricia A. DiCioccio, Town Clerk
Town of Mamaroneck
ADDITIONAL PAGES WITH THE LEGAL BOND ATTACHED AS OUTLINED BY BONDING
COUNSEL.
7
BOND RESOLUTION DATED FEBRUARY 2, _ 1994 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $360 , 000 SERIAL
BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW
YORK, TO PAY THE COST OF VARIOUS ITEMS OF EQUIPMENT FOR
THE HIGHWAY DEPARTMENT IN AND FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows :
IIISection 1 . For the specific objects or purposes of paying the
cost of the purchase of items of equipment for the Highway .
Department for the Town of Mamaroneck, Westchester County, New
York, there are here by authorized to be issued $360, 000 serial
bonds of said Town pursuant to the provisions of the Local Finance
Law, apportioned among such items of equipment in accordance with
the maximum estimated cost of each. Such equipment is as follows :
a) The purchase of a one-yard loader, including original
equipment and incidental expenses in connection therewith, at
a maximum estimated cost of $75, 000 . It is hereby determined
that the plan for the financing of such specific object or
purpose shall consist of the issuance of $75, 000 of the
$360, 000 serial bonds of said Town authorized to be issued
pursuant to this bond resolution. It is hereby determined
that the period of probable usefulness of the aforesaid
-2-
specific object or purpose is fifteen years, pursuant to
subdivision 28 of paragraph a of Section 11 . 00 of the Local
Finance Law;
b) The purchase of a jet cleaner, including original equipment
and incidental expenses in connection therewith, at a maximum
estimated cost of $185 , 000 . It is hereby determined that the
plan for the financing of such specific object or purpose
shall consist of the issuance of $185, 000 of the $360, 000
serial bonds of said Town authorized to be issued pursuant to
this bond resolution. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is fifteen years, pursuant to subdivision 28 of
paragraph a of Section 11 . 00 of the Local Finance Law;
c) The purchase of a five-yard dump truck, including original
equipment and incidental expenses in connection therewith, at
a maximum estimated cost of $65, 000 . It is hereby determined
that the plan for the financing of such specific object or
purpose shall consist of the issuance of $65 , 000 of the
$360 , 000 serial bonds of said Town authorized to be issued
pursuant to this bond resolution. It is hereby determined
that the period of probable usefulness of the aforesaid
specific object or purpose is fifteen years, pursuant to
subdivision 28 of paragraph a of Section 11.. 00 of the Local
Finance Law;
d) The purchase of a pick-up truck, including original equipment
-3-
and incidental expenses in connection therewith, at a maximum
estimated cost of $17, 500 . It is hereby determined that the
plan for the financing of such specific object or purpose
shall consist of the issuance of $17, 500 of the $360, 000
serial bonds of said Town authorized to be issued pursuant to
this bond resolution. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is ten years, pursuant to subdivision 28 of paragraph
a of Section 11 . 00 of the Local Finance Law; and
e) The purchase of a pick-up truck, including original equipment
and incidental expenses in connection therewith, at a maximum
estimated cost of $17, 500 . It is hereby determined that the
plan for the financing of such specific object or purpose
shall consist of the issuance of $17, 500 of the $360, 000
serial bonds of said Town authorized to be issued pursuant to
this bond resolution. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is ten years, pursuant to subdivision 28 of paragraph
a of Section 11 . 00 of the Local Finance Law.
It is hereby further determined that the maximum maturity of the
serial bonds herein authorized will exceed five years .
Section 2 . The aggregate maximum estimated cost of the
aforesaid specific objects or purposes is $360, 000, and the plan
for the financing thereof is by the issuance of the serial bonds
authorized by Section 1 hereof, allocated to each of the specific
-4-
objects or purposes in accordance with the maximum estimated cost
of each as stated in Section 1 hereof .
Section 4 . Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the Supervisor, the chief fiscal officer.
Such notes shall be of such terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5 . The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable .
Section 6 . Such bonds shall be in fully registered form and
shall be signed in the name of the Town of Mamaroneck, Westchester
County, New York, by the manual or facsimile signature of the
Supervisor and a facsimile of its corporate seal shall be imprinted
or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
-5-
Section 7 . The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he shall comply
fully with the provisions of the Local Finance Law and any order or
rule of the State Comptroller applicable to the sale of municipal
bonds . The receipt of the Supervisor shall be a full acquittance
to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 8 . All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of its Supervisor,
providing for the manual countersignature of a fiscal agent or of
a designated official of the Town) , the date, denominations,
maturities and interest payment dates, place or places of payment,
and also including the consolidation with other issues, shall be
determined by the Supervisor. It is hereby determined that it is
to the financial advantage of the Town not to impose and collect
from registered owners of such serial bonds any charges for
/ AMA
-6-
mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70 . 00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent . Such bonds shall contain
substantially the recital of validity clause provided for in
section 52 . 00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required
by section 52 . 00 of the Local Finance Law, as the Supervisor shall
determine.
Section 9 . This resolution shall constitute a statement of
'official intent for purposes of Treasury Regulations Section 1 . 150
- 2 (d) and (e) . Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated
on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10 . The validity of such bonds and bond anticipation
notes may be contested only if :
1) Such obligations are authorized for an. object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
•
-7-
provisions of the Constitution.
Section 11 . Upon this resolution taking effect, the same shall
be published in full in The Daily Times together
with a notice of the Town Clerk in substantially the form provided
in Section 81 . 00 of the Local Finance Law.
Section 12 . This resolution is adopted subject to permissive
referendum in accordance with Section 35 . 00 of the Local Finance
Law.
III -
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows :
Councilwoman O'Keeffe VOTING Ave
Councilman Ryan VOTING Aye
Councilwoman O'Flinn VOTING Aye
Supervisor Price VOTING Aye
VOTING
The resolution was thereupon declared duly adopted.
AAA
BOND RESOLUTION DATED FEBRUARY 2, , 1994 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $80, 500 SERIAL
BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW
YORK, TO PAY PART OF THE COST OF THE PURCHASE AND
INSTALLATION OF COMPUTER EQUIPMENT FOR ACCOUNTING,
TAXATION AND RELATED PURPOSES FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
'Westchester County, New York, as follows :
Section 1 . For the class of objects or purposes of paying part
of the cost of the purchase and installation of computer equipment
for accounting, taxation and related purposes for the Town of
Mamaroneck, Westchester County, New York, including incidental
expenses in connection therewith, at a maximum estimated cost of
$90, 500, there are hereby authorized to be issued $80 , 500 serial
bonds of said Town, pursuant to the provisions of the Local Finance
Law.
Section 2 . The maximum estimated cost of the aforesaid class
of objects or purposes is hereby determined to be $90, 500, and the
plan for the financing thereof is as follows :
(1) by the issuance of the $80, 500 serial bonds authorized to
be issued pursuant to this resolution; and
(2) by the expenditu e of $10, 000 monies of the Village of
Aggi
-2-
Larchmont provided to the Town which monies are hereby
appropriated therefor.
Section 3 . It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is ten
years, pursuant to subdivision 81 (a) of paragraph a of Section
11 . 00 of the Local Finance Law. It is hereby further determined
that the maximum maturity of the serial bonds herein authorized
will exceed five years .
Section 4 . Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the Supervisor, the chief fiscal officer.
Such notes shall be of such terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5 . The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable . An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
•
-3-
Section 6 . Such bonds shall be in fully registered form and
shall be signed in the name of the Town of Mamaroneck, Westchester
County, New York, by the manual or facsimile signature of the
Supervisor and a facsimile of its corporate seal shall be imprinted
or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
Section 7 . The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he shall comply
fully with the provisions of the Local Finance Law and any order or
rule of the State Comptroller applicable to the sale of municipal
bonds . The receipt of the Supervisor shall be a full acquittance
to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 8 . All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of its Supervisor,
providing for the manual countersignature of a fiscal agent or of
-4-
a designated official of the Town) , the date, denominations,
maturities and interest payment dates, place or places of payment,
and also including the consolidation with other issues, shall be
determined by the Supervisor. It is hereby determined that it is
to the financial advantage of the Town not to impose and collect
from registered owners of such serial bonds any charges for
mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70 . 00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent . Such bonds shall contain
substantially the recital of validity clause provided for in
section 52 . 00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required
by section 52 . 00 of the Local Finance Law, as the Supervisor shall
determine . -
Section 9 . This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section 1 . 150
- 2 (d) and (e) . Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated
on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10 . The validity of such bonds and bond anticipation
notes may be contested only if :
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
5-
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 11 . Upon this resolution taking effect, the same shall
be published in full in The Daily Times together
with a notice of the Town Clerk in substantially the form provided
in Section 81 . 00 of the Local Finance Law.
Section 12 . This resolution is adopted subject to permissive
referendum in accordance with Section 35 . 00 of the Local Finance
Law.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows :
Councilwoman O'Keeffe VOTING Ave
Councilman Ryan VOTING Aye
Councilwoman O'Flinn VOTING Aye
Supervisor Price VOTING Aye
VOTING
The resolution was thereupon declared duly adopted.
BOND RESOLUTION DATED FEBRUARY 2 , 1994 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 405 , 000 SERIAL
BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW
YORK, TO PAY THE TOWN' S SHARE OF THE COST OF THE
CONSTRUCTION OF ADDITIONS TO AND THE RECONSTRUCTION OF
THE LARCHMONT PUBLIC LIBRARY.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
IIIWestchester County, New York, as follows :
Section 1 . For the specific object or purpose of paying the
Town' s share of the cost of the construction of additions to and
the reconstruction of the Larchmont Public Library pursuant to
agreement with the Village of Larchmont, including original
furnishings, equipment, machinery, apparatus, appurtenances, and
incidental improvements and expenses in connection therewith, there
are hereby authorized to be issued $405 , 000 serial bonds of said
Town, pursuant to the provisions of the Local Finance Law.
Section 2 . It is hereby determined that the maximum estimated
cost of such specific object or purpose is $405 , 000, and that the
plan for the financing thereof is by the issuance of the $ 405 , 000
serial bonds of the Town of Mamaroneck, Westchester County, New
York, authorized to be issued pursuant to this bond resolution.
Section 3 . It is hereby determined that the period of probable
-2-
usefulness of the aforesaid specific object or purpose is twenty
years, pursuant to subdivision 12 (a) (1) of paragraph a of Section
11 . 00 of the Local Finance Law. It is hereby further determined
that the maximum maturity of the seria-1 bonds herein authorized
will exceed five years .
Section 4 . Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the Supervisor, the chief fiscal officer.
Such notes shall be of such terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5 . The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable . An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable .
Section 6 . Such bonds shall be in fully registered form and
shall be signed in the name of the Town of Mamaroneck, Westchester
County, New York, by the manual or facsimile signature of the
-3-
Supervisor and a facsimile of its corporate seal shall be imprinted
or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
Section 7 . The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he shall comply
fully with the provisions of the Local Finance Law and any order or
rule of the State Comptroller applicable to the sale of municipal
bonds . The receipt of the Supervisor shall be a full acquittance
to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 8 . All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of its Supervisor,
providing for the manual countersignature of a fiscal agent or of
a designated official of the Town) , the date, denominations,
maturities and interest payment dates, place or places of payment,
and also including the consolidation with other issues, shall be
-4-
determined by the Supervisor. It is hereby determined that it is
to the financial advantage of the Town not to impose and collect
from registered owners of such serial bonds any charges for
mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70 . 00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent . Such bonds shall contain
substantially the recital of validity clause provided for in
section 52 . 00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required
IIIby section 52 . 00 of the Local Finance Law, as the Supervisor shall
determine .
Section 9 . This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section 1 . 150
- 2 (d) and (e) . Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated
on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10 . The validity of such bonds and bond anticipation
notes may be contested only if :
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
-5-
_i and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 11 . Upon this resolution taking effect, the same shall
be published in full in The Daily Times together
with a notice of the Town Clerk in substantially the form provided
in Section 81 . 00 of the Local Finance Law.
Section 12 . This resolution is adopted subject to permissive
referendum in accordance with Section 35 . 00 of the Local Finance
Law.
I
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows :
Councilwoman O'Keeffe VOTING Aye
Councilman Ryan VOTING Aye
Councilwoman O'Flinn VOTING Aye
Supervisor Price VOTING Aye
VOTING
1
The resolution was thereupon declared duly adopted.
* * * *
BOND RESOLUTION DATED FEBRUARY 2 1994 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $25 , 000 SERIAL
BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW
YORK, TO PAY PART OF THE COST OF THE RECONSTRUCTION OF
SIDEWALKS AND CURBS THROUGHOUT .AND IN AND FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project ; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows :
Section 1 . For the class of objects or purposes of paying part
of the cost of the reconstruction of sidewalks and curbs throughout
and in and for the Town of Mamaroneck, Westchester County, New
York, including incidental expenses in connection therewith, at a
maximum estimated cost of $80, 000, there are hereby authorized to
be issued $25, 000 serial bonds of said Town, pursuant to the
provisions of the Local Finance Law.
Section 2 . The maximum estimated cost of the aforesaid class
of objects or purposes is hereby determined to be $80, 000, and the
plan for the financing thereof is as follows :
(1) by the issuance of the $25, 000 serial bonds authorized to
be issued pursuant to this resolution; and
(2) by the expenditure of $55, 000 monies of the Town which
monies are hereby appropriated therefor.
Section 3 . It is hereby determined that the period of probable
-2-
usefulness of the aforesaid class of objects or purposes is ten
years, pursuant to subdivision 24 of paragraph a of Section 11 . 00
of the Local Finance Law. It is hereby further determined that the
maximum maturity of the serial bonds herein authorized will exceed
five years .
Section 4 . Subject to the provisions of the Local Finance Law,
the power tb authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the Supervisor, the chief fiscal officer.
Such notes shall be of such terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5 . The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable . An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable .
Section 6 . Such bonds shall be in fully registered form and
shall be signed in the name of the Town of Mamaroneck, Westchester
County, New York, by the manual or facsimile signature of the
-3-
Supervisor and a facsimile of its corporate seal shall be imprinted
or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
Section 7 . The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he shall comply
fully with the provisions of the Local Finance Law and any order or
rule of the State Comptroller applicable to the sale of municipal
bonds . The receipt of the Supervisor shall be a full acquittance
to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 8 . All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of its Supervisor,
providing for the manual countersignature of a fiscal agent or of
a designated official of the Town) , the date, denominations,
maturities and interest payment dates, place or places of payment,
and also including the consolidation with other issues, shall be
-4-
determined by the Supervisor. It is hereby determined that it is
to the financial advantage of the Town not to impose and collect
from registered owners of such serial bonds any charges for
mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70 . 00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent ; Such bonds shall contain
substantially the recital of validity clause provided for in
section 52 . 00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required
IIIby section 52 . 00 of the Local Finance Law, as the Supervisor shall
determine .
Section 9 . This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section 1 . 150
- 2 (d) and (e) . Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated
on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10 . The validity of such bonds and bond anticipation
notes may be contested only if-:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
1
1
-5-
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 11 . Upon this resolution taking effect, the same shall
be published in full in The Daily Times , together
with a notice of the Town Clerk in substantially the form provided
in Section 81 . 00 of the Local Finance Law.
Section 12 . This resolution is adopted subject to permissive
referendum in accordance with Section 35 . 00 of the Local Finance
Law. -
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows :
Councilwoman O'Keeffe VOTING Aye
Councilman Ryan VOTING Aye
Councilwoman 0'Flinn VOTING Aye
Supervisor Price VOTING Aye
VOTING
The resolution was thereupon declared duly adopted.
BOND RESOLUTION DATED FEBRUARY 2 1994 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $100, 000 SERIAL
BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW
YORK, TO PAY PART OF THE COST OF THE RECONSTRUCTION OF
VARIOUS STREETS THROUGHOUT AND IN AND FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
Westchester County, New York, as follows :
Section 1 . For the class of objects or purposes of paying part
of the cost of the reconstruction of various streets located
throughout and in and for the Town of Mamaroneck, Westchester
County, New York, including incidental expenses in connection
therewith, at a maximum estimated cost of $150 , 000 , there are
hereby authorized to be issued $100 , 000 serial bonds of said Town,
pursuant to the provisions of the Local Finance Law.
Section 2 . The maximum estimated cost of the aforesaid class
of objects or purposes is hereby determined to be $150, 000 , and the
plan for the financing thereof is as follows :
(1) by the issuance of the $100, 000 serial bonds authorized
to be issued pursuant to this resolution; and
(2) by the expenditure of $50 , 000 monies of the Town which
monies are hereby appropriated therefor.
Section 3 . It is hereby determined that the period of probable
-2-
usefulness of the aforesaid class of objects or purposes is fifteen
years, pursuant to subdivision 20 (c) of paragraph a of Section
11 . 00 of the Local Finance Law. It is hereby further determined
that the maximum maturity of the serial bonds herein authorized
will exceed five years .
Section 4 . Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the Supervisor, the chief fiscal officer.
Such notes shall be of such terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5 . The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable .
Section 6 . Such bonds shall be in fully registered form and
shall be signed in the name of the Town of Mamaroneck, Westchester
County, New York, by the manual or facsimile signature of the
-3-
Supervisor and a facsimile of its corporate seal shall be imprinted
or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
Section 7 . The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he shall comply
fully with the provisions of the Local Finance Law and any order or
rule of the State Comptroller applicable to the sale of municipal
bonds . The receipt of the Supervisor shall be a full acquittance
to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 8 . All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of its Supervisor,
providing for the manual countersignature of a fiscal agent or of
a designated official of the Town) , the date, denominations,
maturities and interest payment dates, place or places of payment,
and also including the consolidation with other issues, shall be
-4-
determined by the Supervisor. It is hereby determined that it is
to the financial advantage of the Town not to impose and collect
from registered owners of such serial bonds any charges for
mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70 . 00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent . Such bonds shall contain
substantially the recital of validity clause provided for in
section 52 . 00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required
by section 52 . 00 of the Local Finance Law, as the Supervisor shall
determine .
Section 9 . This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section 1 . 150
- 2 (d) and (e) . Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated
on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10 . The validity of such bonds and bond anticipation
notes may be contested only if :
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
-5-
II
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 11 . Upon this resolution taking effect, the same shall
be published in full in The Daily Times , together
with a notice of the Town Clerk in substantially the form provided
in Section 81 . 00 of the Local Finance Law.
Section 12 . This resolution is adopted subject to permissive
referendum in accordance with Section 35 . 00 of the Local Finance
Law.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows :
Councilwoman O'Keeffe VOTING Aye
Councilman Ryan VOTING Aye
Councilwoman O'Flinn VOTING Aye
Supervisor Price VOTING Aye
IVOTING
The resolution was thereupon declared duly adopted.
•
III
BOND RESOLUTION DATED `FEBRUARY 2 , 1994 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $15, 000 SERIAL
BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW
YORK, TO PAY THE COST OF THE PURCHASE OF A COMPRESSOR FOR
THE HIGHWAY DEPARTMENT FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital project; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck,
IIIWestchester County, New York, as follows :
Section 1 . For the specific object or purpose of paying the
cost of the purchase of a compressor for the Highway Department for
said Town, including original equipment and incidental expenses in
connection therewith, there are hereby authorized to be issued
$15, 000 serial bonds of said Town, pursuant to the provisions of
the Local Finance Law.
Section 2 . It is hereby determined that the maximum estimated
cost of such specific object or purpose is $15, 000, and that the
plan for the financing thereof is by the issuance of the $15, 000
serial bonds of the Town of Mamaroneck, Westchester County, New
York, authorized to be issued pursuant to this bond resolution.
III Section 3 . It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is five
years, pursuant to subdivision 28 of paragraph a of Section 11 . 00
of the Local Finance Law. It is hereby further determined that the
-2-
maximum maturity of the serial bonds herein authorized will not
exceed five years .
Section 4 . Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the Supervisor, the chief fiscal officer.
Such notes shall be of such terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law.
Section 5 . The faith and credit of said Town of Mamaroneck,
Westchester County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable . An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
There shall annually be levied on all the taxable real property of
said Town a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable .
Section 6 . Such bonds shall be in fully registered form and
shall be signed in the name of the Town of Mamaroneck, Westchester
County, New York, by the manual or facsimile signature of the
Supervisor and a facsimile of its corporate seal shall be imprinted
III or impressed thereon and attested by the manual or facsimile
signature of the Town Clerk.
-3-
Section 7 . The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the Supervisor, who shall advertise such bonds for
sale, conduct the sale, and award the bonds in such manner as he
shall deem best for the interests of the Town; provided, however,
that in the exercise of these delegated powers, he shall comply
fully with the provisions of the Local Finance Law and any order or
rule of the State Comptroller applicable to the sale of municipal
bonds . The receipt of the Supervisor shall be a full acquittance
to the purchaser of such bonds, who shall not be obliged to see to
the application of the purchase money.
Section 8 . All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the Town by the facsimile signature of its Supervisor,
providing for the manual countersignature of a fiscal agent or of
a designated official of the Town) , the date, denominations,
maturities and interest payment dates, place or places of payment,
and also including the consolidation with other issues, shall be
determined by the Supervisor. It is hereby determined that it is
to the financial advantage of the Town not to impose and collect
from registered owners of such serial bonds any charges for
-4-
mailing, shipping and insuring bonds transferred or exchanged by
the fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70 . 00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent . Such bonds shall contain
substantially the recital of validity clause provided for in
section 52 . 00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required
by section 52 . 00 of the Local Finance Law, as the Supervisor shall
determine .
Section 9 . This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section 1. 150
- 2 (d) and (e) . Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated
on a long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10 . The validity of such bonds and bond anticipation
notes may be contested only if :
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
-5-
provisions of the Constitution.
Section 11 . Upon this resolution taking effect, the same shall
be published in full in The Daily Times
together
with a notice of the Town Clerk in substantially the form provided
in Section 81 . 00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call which resulted as follows :
Councilwoman O'Keeffe VOTING Aye
Councilman Ryan VOTING Aye
Councilwoman O'Flinn VOTING Aye
Supervisor Price VOTING Aye
VOTING
The resolution was thereupon declared duly adopted.