Resolution No. 137

Authorizing The Purchase Of Highway And Bridge Equipment For Construction And Maintenance Purposes, For The Department Of Public Works Of The County Of Ulster, New York, At A Maximum Estimated Cost Of $1,321,200.00, And Authorizing The Issuance Of $1,3...

Resolution Information

Status: 
Adopted

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Referred to: The Ways and Means Committee (Chairman Gerentine and Legislators

Bartels, Belfiglio, Briggs, Maio, Maloney, Provenzano and Rodriguez)

Chairman of the Public Works and Capital Projects Committee, Dean J. Fabiano, and

Deputy Chairman Peter M. Loughran offer the following:

WHEREAS, by Resolution No. 136 dated and duly adopted on the date

hereof, the County Legislature of the County of Ulster, New York has established

Capital Project No. 408 for the purchase of highway and bridge equipment for the

Department of Public Works; and

WHEREAS, the capital projects hereinafter described, as proposed, have been

determined to be Type II Actions pursuant to the regulations of the New York State

Department of Environmental Conservation promulgated pursuant to the State

Environmental Quality Review Act, which regulations state that Type II Actions will

not have a significant effect on the environment; and

WHEREAS, it is now desired to authorize the financing of such capital project;

now, therefore, be it

RESOLVED, by the affirmative vote of not less than two-thirds of the total

voting strength of the County Legislature of the County of Ulster, New York, as

follows:

Section 1. The following are hereby authorized in and for the County of Ulster,

New York:

 a) The purchase of equipment for the Department of Public Works, for said

County, including incidental expenses in connection therewith, at a maximum estimated

cost of $1,241,400, each item of which costs $30,000 or over, being a class of objects or

purposes having a period of probable usefulness of 15 years, pursuant to subdivision 28

of paragraph a of Section 11.00 of the Local Finance Law;

 b) The purchase of equipment for the Department of Public Works, for said

County, including incidental expenses in connection therewith, at a maximum estimated

cost of $73,000, each item of which costs over $15,000 but less than $30,000, being a

class of objects or purposes having a period of probable usefulness of 10 years, pursuant

to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; and

- Page 2 -

Resolution No. 137 April 15, 2014

Authorizing The Purchase Of Highway And Bridge Equipment For

Construction And Maintenance Purposes, For The Department Of

Public Works Of The County Of Ulster, New York, At A Maximum

Estimated Cost Of $1,321,200.00, And Authorizing The Issuance Of

$1,321,200.00 Serial Bonds Of Said County To Pay The Cost

Thereof

 c) The purchase of stump grinder for the Department of Public Works, for said

County, including incidental expenses in connection therewith, at a maximum estimated

cost of $6,800, being a specific object or purpose having a period of probable

usefulness of 5 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the

Local Finance Law.

Section 2. The aggregate maximum estimated cost of the aforesaid objects or

purposes is hereby determined to be $1,321,200, and the plan for the financing thereof

is by the issuance of $1,321,200 serial bonds of said County hereby authorized to be

issued therefor pursuant to the provisions of the Local Finance Law, allocated in

accordance with the maximum estimated costs of each set forth in Section 1 hereof.

Section 3. The faith and credit of said County of Ulster, New York, are hereby

irrevocable pledged for the payment of the principal of and interest on such 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 such bonds becoming due and

payable in such year. There shall annually be levied on all the taxable real property of

said County, a tax sufficient to pay the principal of and interest on such bonds as the

same become due and payable.

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 bonds herein authorized, including renewals of such notes, is

hereby delegated to the Commissioner of Finance, the chief fiscal officer. Such notes

shall be of such terms, form and contents, and sh

- Page 3 -

Resolution No. 137 April 15, 2014

Authorizing The Purchase Of Highway And Bridge Equipment For

Construction And Maintenance Purposes, For The Department Of

Public Works Of The County Of Ulster, New York, At A Maximum

Estimated Cost Of $1,321,200.00, And Authorizing The Issuance Of

$1,321,200.00 Serial Bonds Of Said County To Pay The Cost

Thereof

Local Finance Law, and shall otherwise be in such form and contain such recitals, in

addition to those required by Section 51.00 of the Local Finance Law, as the

Commissioner of Finance shall determine consistent with the provisions of the Local

Finance Law.

Section 6. 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

County 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 provisions of the

Constitution.

Section 7. This resolution shall constitute a statement of official intent for purposes

of Treasury Regulations Section 1.150-2. 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 8. This resolution, which takes effect immediately, shall be published in

summary form in the official newspaper(s) of such County, together with a notice of

the Clerk of the County Legislature in substantially the form provided in Section

81.00 of the Local Finance Law,

and moves its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Briggs)

Passed Committee: Ways & Means on April 15, 2014

- Page 4 -

Resolution No. 137 April 15, 2014

Authorizing The Purchase Of Highway And Bridge Equipment For

Construction And Maintenance Purposes, For The Department Of

Public Works Of The County Of Ulster, New York, At A Maximum

Estimated Cost Of $1,321,200.00, And Authorizing The Issuance Of

$1,321,200.00 Serial Bonds Of Said County To Pay The Cost

Thereof

FINANCIAL IMPACT:

$1,321,200.00 – SERIAL BONDS – ULSTER COUNTY FUNDS

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

This is to certify that I, the undersigned Clerk of the Legislature of the County of Ulster have compared the

foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said

Legislature on the 15th Day of April, 2014, and that the same is a true and correct transcript of said resolution and of the

whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 16th Day of April in

the year Two Thousand and Fourteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

17th Day of April, 2014. 25th Day of April, 2014.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature

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Updated: October 8, 2020