AMENDED BOND RESOLUTION

            At a regular meeting of the Town Board of the Town of Cape Vincent, Jefferson County, New York, held at the Town Offices, in said Town, on the 21st day of November 2019 at 6:30 p.m., prevailing time.

            The meeting was called to order by Supervisor Bender and upon roll being called, the following were:

            PRESENT:                                    

            Edward P. Bender                 Supervisor

            Marty T. Mason                     Councilman

            Daniel A. Wiley                      Councilman

            Alan N. Wood                                    Councilman

                  ABSENT:   Councilman Paul Aubertine, Excused

            The following resolution was offered by Councilman Wiley, who moved its adoption, seconded by Councilman Wood, to wit:

                        AMENDED BOND RESOLUTION DATED NOVEMBER 21, 2019

                        AN AMENDED RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OR A STATUTORY INSTALLMENT BOND OF THE TOWN OF CAPE VINCENT IN AN AMOUNT NOT TO EXCEED $1,000,000, THE PROCEEDS OF WHICH ARE TO BE USED FOR ACQUISITION OF REAL PROPERTY KNOWN AS TOWN OF CAPE VINCENT TAX MAP PARCEL NUMBERS 39.81-1-65.1, 39.81-1-64.1 & 39.81-1-64.2, DEMOLITION OF STRUCTURES LOCATED THEREON AND INSTALLATION OF A PUBLIC RESTROOM AND DOCKS.

           BE IT RESOLVED, by the Town Board of the Town of Cape Vincent, Jefferson County, New York, as follows:

            Section 1.        The Town of Cape Vincent in the interest of the citizens of the Town of Cape Vincent, shall acquire three properties known as Town of Cape Vincent Tax Map Parcel Number 39.81-1-65.1, 39.81-1-64.1 & 39.81-1-64.2, demolition of structures located thereon, and the installation of public restrooms and docks. The estimated cost of such acquisition, demoltion and installation shall not exceed $1,000,000. This is an increase of $400,000 from a Bond Resolution previously adopted on August 16, 2018.

            Section 2. It is hereby determined that the period of probable usefulness of the aforesaid is as follows:

                                                           Useful

 Project                                    Amount          Life                  Local Finance Law

Land Acquisition       $420,000        15 years         11.00(a)19

Demolition                 $145,000        10 years         11.00(a)12-a

Dock Installation       $250,000        20 years         11.00(a)7

Restrooms                 $175,000        15 years         11.00(a)(11)(c)

            It is further determined that no down payment is required pursuant to Section 107.00 of the Local Finance Law.

            Section 3.       The plan for the financing of such estimated cost is by the issuance of a serial bonds or a statutory installment bond not exceeding $1,000,000 of said Town hereby authorized to be issued therefore, pursuant to the Local Finance Law for a period in excess of five (5) years.

            Section 4.       The faith and credit of said Town of Cape Vincent, Jefferson County,

New York are hereby irrevocably 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 become due and payable.

            Section 5.       Subject to the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes of the issuance and the sale of serial bonds or a statutory installment bond herein authorized, including renewal of such notes, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer. Such Notes shall be of such terms, form and contents and shall be sold in such a manner as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law.

            Section 5.       All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether to 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 bond are to be executed in the name of the Town by the facsimile signature of its Town Supervisor), including the consolidation with other issues, shall be determined by the Town 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 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 Town Supervisor shall determine.

            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 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 (20) days after the date of such publication, or

                        (3)       Such obligations are authorized in violation of the provisions of the Constitution.

            Section 7.     Upon this resolution taking effect, the same be published in full in the Watertown Daily Times, the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

            Section 8.           This resolution is subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law.

            Section 9.       This resolution shall constitute a statement of official intent for the 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.

            The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

                        Supervisor Edward P. Bender                     yes x _                       no___

                        Marty T. Mason                                             yes _ x                         no___

                        Daniel A. Wiley                                              yes x_                         no___                  

                        Alan N. Wood                                                            yes x_                         no___

            The resolution was thereupon declared duly adopted.

            The above resolution is a true, complete and accurate copy of a resolution made and seconded at a regular meeting of the Town Board of the Town of Cape Vincent held November 21, 2019.

                                                                        _________________________________________

                                                                        Michelle Bouchard, Town Clerk