NOTICE OF ADOPTION OF BOND RESOLUTION
SUBJECT TO A PERMISSIVE REFERENDUM
At a regular meeting held on the 17th day of May, 2018, the Town Board of the Town of Austerlitz, New York duly adopted a resolution, an abstract of which follows, which resolution is subject to a permissive referendum pursuant to the Section 35.00 of the Local Finance Law of the State of New York. If after thirty days of the resolution’s adoption by the Town Board, no petition objecting to the resolution and requesting approval by the voters is filed with the Town Clerk of the Town of Austerlitz, the resolution will be declared duly adopted.
ABSTRACT OF BOND RESOLUTION DATED MAY 17, 2018
The following is a summary of a resolution adopted by the Town Board of the Town of Austerlitz, Columbia County on May 17, 2018. Said resolution authorizes the issuance and sale of serial bonds and bond anticipation notes in anticipation of the issuance and sale of said serial bonds, in an amount not to exceed $600,000. The proceeds from the sale of the obligations authorized in said resolution shall be used for the object or purpose of constructing a salt/sand storage building situated on Route 203 in the Hamlet of Spencertown, in the Town of Austerlitz, Columbia County, New York. The estimated maximum cost of said object or purpose is $600,000, and the period of the probable usefulness thereof is fifteen (15) years.
Dated: May 18, 2018
Town of Austerlitz
Columbia County, New York
ADVERTISEMENT FOR BIDS
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Austerlitz invites sealed bids for the furnishing of labor, materials and equipment necessary for the construction of a new salt shed at 714 County Route 203, Spencertown, New York 12165 for use as a Town Highway Department Salt Shed. Sealed bids will be received for the Work.
The Work includes providing all labor at prevailing wage rates, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the Work shown on the Drawings and described in the Project Manual. The Work is to commence in the summer of 2018, to be completed by November 15, 2018.
The Bid Documents may be examined at the office of the Architectural Bureau located at 29 Main Street – Suite 3A, Chatham, NY 12037, weekdays, 10:00 am to 4:00 pm, on and after May 31, 2018.
Bid Documents may also be examined at the Town of Austerlitz Town Hall located at 812 Route 203, Spencertown, NY 12165, during the Town Clerk’s regular office hours, Monday, Tuesday and Friday, 9:00 am to 12:00 pm; Wednesday and Thursday 9:00 am – 2:00 pm. The Town Clerk can be reached at (518) 392-3260 x 300.
The complete set of Bid Documents will be available as bound printed copies beginning May 31, 2018, from Chatham Printing, 8 Park Row, Chatham, NY 12037; telephone (518) 392-9737; e-mail email@example.com.; please call prior to picking up a copy. A $60.00 refundable check, made payable to “Town of Austerlitz” is required for each set of bound printed Bid Documents. In order to be considered for refund, the complete set of Bid Documents must be returned unmarked and in good condition within 30 days following the bid opening to Architectural Bureau (address below). Non-bidders will not be refunded their deposits.
Bids are due Tuesday, June 19, 2018 by 9:00 am at the Austerlitz Town Hall. Bids will be opened and read by a designated Town official on Tuesday, June 19, 2018 at 9:05 am. They will then be tabulated and will be considered by the Town Board at its’ next regularly scheduled meeting, scheduled for June 21, 2018 at 7:00 pm. Each bid must be prepared and submitted in accordance with the Instructions to Bidders.
Bid security is required with the bids, in the amount of five percent (5%) of each bid amount and in the form of a certified check or bank check payable to the Town of Austerlitz or a Bid Bond on a form to be issued by a surety licensed in the State of New York.
Interested bidders are encouraged to visit the project site prior to bidding; contact the Architect to arrange access.
All bids must be made on the official bid form or an exact copy by reproduction thereof and enclosed in a sealed envelope. No bidder may withdraw his bid within forty-five (45) calendar days after the day of the opening thereof.
The Owner intends to sign the contract within 50 days from the bid’s due date.
The Town of Austerlitz reserves the right to reject any and all bids, to waive any and all informalities and the right to disregard all non-conforming, non-responsive conditional bids.
Acceptance of bids hereunder and the awarding of contracts by the Town of Austerlitz shall be contingent upon the Town obtaining satisfactory financing for the project, on terms and conditions and in an amount acceptable to the Town Board as authorized and required by law.
Town of Austerlitz
Rob Lagonia, Supervisor / Susan Haag, Town Clerk
P.O. Box 238
812 Route 203
Spencertown, New York 12165
phone (518) 392-3260 x 300
firstname.lastname@example.org / email@example.com
Architectural Bureau / Joe Iuviene, AIA
P.O. Box 238
29 Main Street – Suite 3A
Chatham, New York 12037
phone (518) 392-3650
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The resolution published herewith has been adopted on the 17th day of May, 2018, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Austerlitz is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the constitution.
Town of Austerlitz
Columbia County, New York
BOND RESOLUTION DATED MAY 17, 2018 AUTHORIZING THE CONSTRUCTION OF A SALT/SAND STORAGE BUILDING, AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF AUSTERLITZ, COLUMBIA COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $600,000 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.
BE IT RESOLVED, by the Town Board of the Town of Austerlitz, Columbia County, New York (the “Town”) (by favorable vote of not less than three-fifths of all the members of the Board) as follows:
Section 1. The Town shall construct a salt/sand storage building, at a maximum cost of $600,000, as more particularly described in Section 3 hereof.
Section 2. The Town is hereby authorized to issue its serial general obligation bonds (the “Bonds”) in the aggregate principal amount of not to exceed $600,000 pursuant to the Local Finance Law of New York, in order to finance the class of objects or purposes described herein.
Section 3. The class of objects or purposes (the “Purpose”) to be financed pursuant to this resolution is the construction of a salt/sand storage building on Route 203 in the Hamlet of Spencertown, in the Town of Austerlitz, Columbia County, New York, and the costs incidental thereto.
Section 4. It is hereby determined that said Purpose is an object or purpose described in paragraph (c) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is fifteen (15) years. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will be in excess of five years.
Section 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of such bonds by virtue of paragraph 9 of subsection d. of Section 107.00 of the Local Finance Law, with respect to all objects and purposes authorized to be financed hereby.
Section 6. 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 sale of the Bonds, including renewals of such notes, is hereby delegated to the Supervisor of the Town, the chief fiscal officer.
Section 7. The power to further authorize the issuance of the Bonds and bond anticipation notes and to prescribe the terms, form and contents of the Bonds and bond anticipation notes, including the consolidation with other issues and the use of substantially level debt service, subject to the provisions of this Resolution and the Local Finance Law, and to sell and deliver the Bonds and bond anticipation notes, is hereby delegated to the Supervisor of the Town. The Supervisor of the Town is hereby authorized to sign and the Town Clerk is hereby authorized to attest any Bonds and bond anticipation notes issued pursuant to this Resolution, and the Town Clerk is hereby authorized to affix to such Bonds and bond anticipation notes the corporate seal of the Town.
Section 8. The faith and credit of the Town of Austerlitz, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such Bonds and bond anticipation notes 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 be levied annually on all taxable real property of the Town, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable.
Section 9. This Resolution shall constitute the Town’s “official intent”, within the meaning of Section 1.150-2 of the Treasury Regulations, to finance the cost of the Purpose with the Bonds and notes herein authorized. The Town shall not reimburse itself from the proceeds of the Bonds or notes for any expenditures paid more than sixty days prior to the date hereof, unless specifically authorized by Section 1.150-2 of the Treasury Regulations.
Section 10. This resolution is adopted subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law and Section 90.00 of the Town Law. The Town Clerk is hereby authorized and directed within ten (10) days after the adoption of said resolution, to cause to be published a notice which sets forth the date of the resolution’s adoption and contains an abstract of the resolution concisely stating its purpose and effect.
Section 11. This Resolution, or a summary thereof, shall be published by the Town Clerk together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in each official newspaper of the Town. The validity of the Bonds or of any bond anticipation notes issued in anticipation of the sale of the Bonds may be contested only if such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or 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 (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.
Section 12. The firm Barclay Damon LLP is hereby appointed Bond Counsel to the Town in connection with the Bonds and bond anticipation notes herein authorized.
Section 13. This Resolution shall take effect immediately upon its adoption.