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Legals –
Notice of Special Election; Springwater Fire District NOTICE IS HEREBY GIVEN pursuant to the Town Law of the State of New York that a special election of the qualified voters of the Springwater Fire District in the Town of Springwater, Livingston County, New York will be held al the Springwater Firehouse at 8145 South Main Street in the Fire District on January 26, 2006 between the hours of 12:00 o’clock p.m. and 9:00 o'clock p.m. to vote on the following Resolutions of the Board of Fire Commissioners:
BOND RESOLUTION DATED DECEMBER 19, 2005; A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE SPRINGWATER FIRE DISTRICT IN THE TOWN OFSPRINGWATER, LIVINGSTON COUNTY.NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $400,000.00 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE ACQUISITION AND/OR CONSTRUCTION OF A FIRE FACILITY, INCLUDING LAND, TO HOUSE THE APPARATUS, EQUIPMENT AND PERSONNEL OF THE SPRINGWATER FIRE DISTRICT, INCLUDINGTHE INCIDENTAL COSTS OF SUCH ACQUISITION AND/OR CONSTRUCTION; AND DELEGATING CERTAIN POWERS IN CONNECTION THEREWITH TO THE FIE DISTRICT TREASURER.
BE IT RESOLVED, by the Board of Fire Commissioners of the Springwater Fire District in the Town of Springwater, Livingston County, New York (the “Fire District”) (by the favorable vote of not less than three-fifths of all of the members of the Board) as follows:
SECTION 1. The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the acquisition and/or construction of a fire facility, including land, to house the apparatus, equipment and personnel of the Springwater Fire District, including the incidental costs of such acquisition and/or construction; that the maximum cost of such shall not exceed $400,000.00. It is hereby determined that said purpose Is an object or purpose described In subdivision 11-b of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is twenty-five (25) years.
SECTION 2. The Board of Fire Commissioners plans to finance the cost of said purpose by the issuance of serial bonds of the Fire District in an amount not to exceed $400,000.00, hereby authorized to be Issued therefor pursuant to the Local Finance Law.
SECTION 3. Current funds are not required to be provided prior to the issuance of the bond authorized by this resolution or any notes issued in anticipation of said bonds.
SECTION 4. The proceeds of the bond herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the District for expenditures made from other available funds of the District for the purpose for which said bonds were authorized, subject to the restrictions of Section 165.00 of the Local Finance Law. This resolution is intended to constitute a declaration of official intent to issue obligations to finance the purposes described herein, as referred to in Section 1,150-2 of the Federal Treasury Regulations.
SECTION 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Fire District are hereby irrevocably pledged for the payment of the principal of and interest on said bonds 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 said bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of the Fire District a tax sufficient to pay the principal of and interest on said bonds as the same become due and payable.
SECTION 6. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00,50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes on anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and contents of said serial bonds, and said bond anticipation notes (including without limitation the date, denominations, maturities, interest payment dates, consolidation with other issues, and redemption rights), the power to determine to issue said bonds providing for substantially level debt service, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of such bonds, is hereby delegated to the Treasurer, the Chief Fiscal Officer of the Fire District. The Treasurer is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Secretary or Chairman is hereby authorized to affix the corporate seal of the Fire District to any of said serial bonds or any bond anticipation notes and to attest such seal.
SECTION 7. The Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to the extent applicable, to designate the bonds authorized by this resolution and any notes issued In anticipation thereof as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code.
SECTION 8. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if: (1) Such obligations are authorized for an object or purpose for which the Fire District is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of the 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 of New York.
SECTION 9. When this resolution shall have become effective, the Secretary shall cause the same, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, to be published in Genesee Country Express, a newspaper having a general circulation in the Fire District and hereby designated as the official newspaper of the Fire District for such publication.
SECTION 10. This resolution shall, before becoming effective, be approved at a special election of the qualified voters of the Fire District to be held at a general or special election called for that purpose.
Those who are qualified to vote on the aforementioned proposition are registered voters of the Town of Springwater who shall have resided in said Fire District for the period of thirty (30) days next preceding such election. Dated: December 19,2005 By Order of the Board of Fire Commissioners of the Springwater Fire District Town of Springwater Livingston County, New York By:
Francis E. Holmes, Fire District Secretary 12/29-T1E EK |