"BOND RESOLUTION DATED JULY 25,2007
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$229,995.22
FIRE DISTRICT
SERIAL BONDS OF MEDWAY-GRAPEVILLE FIRE
DISTRICT,
LOCATED WITHIN THE TOWN OF NEW BALTIMORE
FOR THE
PURCHASE OF A 2008
AMERICAN
LAFRANCE 4 DOOR CUSTOM LIBERTY CHASSIS HALE
MODEL
QMAZ 1500 GPM FIRE PUMP 1000-GALLON WATER POLY TANK
FIRE TRUCK AND
ACCESSORIES; AND AUTHORIZING THE
ISSUANCE OF
$229,995.22 SERIAL BONDS OF THE MEDWAY-GRAPEVILLE
FIRE DISTRICT
TO PAY THE COST THEREOF.
At a regular meeting of the Board of Fire
Commissioners of the Medway-Grapeville Fire District held at the
district firehouse located on County Route 51 in the Town of New
Baltimore on the 16th day of July 2007.
PRESENT: Loris Alix, Chairperson
Donald Berkhofer
Frank Schnare
Richard Mahnken
Marilyn Woodhull, Commissioners
ABESENT: None
WHEREAS, the Board of Commissioners of the
Medway-Grapeville Fire District have determined to purchase a new
American LaFrance fire truck with attendant accessories to replace the
existing fire truck that has outlived it usefulness.
NOW, on motion of Frank Schnare, Commissioner,
seconded by Donald Berkhofer, Commissioner, all members present voting
therefore, it is RESOLVED as follows:
Section 1. The purchase of an American
LaFrance fire truck and accessories for a total purchase price of
$229,995.22. is hereby authorized.
Section 2. The maximum estimated cost of said
equipment is $227,995.22 with costs of publication, legal fees etc.
estimated at $2,000. for a total acquisition cost of $229,995.22. The
plan for financing the purchase is as follows: $229,995.22 shall be
raised by the issuance of serial bonds or statutory installment bond of
the Medway-Grapeville Fire District which is hereby authorized to be
issued pursuant to the Local Finance Law.
Section 3. It is hereby determined that the
period of probable usefulness of the aforesaid specific object of
purpose is twenty (20) years, as the lowest period assigned to the
class of objects herein, pursuant to Section 11.00 (a) (27) of the
Local Finance Law. It is hereby further determined that the maximum
maturity of the serial bonds or statutory installment bond herein
authorized will exceed five years.
Section 4. The final maturity of the serial
bonds herein authorized to be issued shall be on or before the tenth
year, measured from the date of issuance of the first serial bond of
bond anticipation note issued for the capital project referred to
Section 1 of this resolution.
Section 5. The Fire District hereby covenants
and agrees with the holders from time to time of the bonds of the Fire
District issued pursuant to this resolution, and any bond anticipation
notes of the Fire District issued in anticipation of the sale of said
bonds, that the Fire District will duly and faithfully observe and
comply with all provisions of the United States Internal Revenue Code
of 1986 (the "Code"), and any proposed and final regulations of the
Internal Revenue Service issued pursuant thereto (the "Regulations")
unless, in the opinion of Bond Counsel to the Fire District, such
compliance is not required by the Code and Regulations to maintain the
federal tax exemption of interest on said obligations from federal
income taxation.
Section 6. 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 and said bonds and any notes
issued in anticipation of said general bonds, shall be general
obligations of the Fire District, payable as to both principal and
interest by a general tax upon all the real property within the Fire
District without legal or constitutional limitation as to rate or
amount. The faith and credit of the Fire District are hereby
irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and provision shall be made annually in the
budget of the Fire District by appropriation for (a) the amortization
and redemption of the bonds and notes to mature in such year and (b)
the payment of interest to be due and payable in such year.
Section 7. Subject to the provisions of this
Bond Resolution and of the Local Finance Law, pursuant to the
provisions of Section 30.00 relative tot eh authorization of the
issuance of capital notes, serial bonds, statutory installment bond,
and bond anticipation notes, or the renewals of said obligations and of
Section 50.00 and Section 56.00 to 60.00 of the Local Finance Law, the
powers and duties of the Board of Fire Commissi9ners of the
Medway-Grapeville Fire District relative to authorizing bonds and bond
anticipation notes and prescribing the terms, form and contents as to
the sale and issuance of the bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the
renewals of said notes, are hereby delegated to the Fire District
Treasurer, the Chief Fiscal Officer of the Fire District.
Section 8. The validity of the bonds
authorized by this Bond Resolution and the notes issued in anticipation
of said bonds may be contested only if: such obligations are authorized
for an object or purpose for which the Fire District is not authorized
to expend money: or the provisions of law which should be complied with
at the date of the publication of such resolution are not substantially
complied with, and an action, suit or proceeding contesting such
validity is commenced with twenty (20) days after the date of such
publication; or (c) such obligations are authorized in violation of the
provisions of the Constitution.
Section 9. This resolution shall, before being
effective, be approved at a special election of qualified electors of
said Medway-Grapeville Fire District to be held at the firehouse
located on County Route 51 in the Town of New Baltimore on the 21st day
of August beginning at 6:00 pm Eastern Standard Time and shall close at
9:00 pm Eastern Standard Time and that vote upon such proposition shall
be taken by ballot in the manner provided by law, and is it
FURTHER RESOLVED, that the District Secretary
is hereby ordered and directed to prepare the ballots, which shall be
substantially the following form:
PROPOSITION #1
Shall the resolution entitled, "A resolution
authorizing the issuance of Fire District Serial Bonds of the
Medway-Grapeville Fire District for the purchase of an American
LaFrance fire truck and accessories" adopted on the 16th day of July
2007 be approved?
All qualified voters of the Medway-Grapeville
Fire District shall be qualified to vote at said special referendum.
By order of the Board of Fire Commissioners of
the Medway-Grapeville Fire District of the Town of New Baltimore,
Greene County, New York."
Yours truly,
Lorie J. Dupuis, Secretary
214 Hillcrest Road
Hannacroix, NY 12087
(518) 966-4481