NOTICE OF SPECIAL ELECTION: Port Ewen FD re: Bonding Funds for Purchase of 288-290 Broadway

NOTICE OF SPECIAL ELECTION
Port Ewen Fire District in the Town of Esopus, Ulster County, New York

NOTICE IS HEREBY GIVEN

that, pursuant to Section 38.00 of the Local Finance Law and Section 179 of the Town Law, a Special Election of the qualified voters of Port Ewen Fire District in the Town of Esopus, Ulster County, New York, will be held at Firehouse, 129 Legion Court, in Port Ewen, New York, in said Fire District, on the 21st day of September, 2021, between the hours of 6:00 o’clock P.M. and 9:00 o’clock P.M., Prevailing Time, for the purpose of voting by paper ballot upon the adoption or rejection of the following bond resolution:

Bond Resolution

BOND RESOLUTION DATED JULY 6, 2021.

A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW FIRE STATION, IN AND FOR THE PORT EWEN FIRE DISTRICT LOCATED AT 288-290 BROADWAY IN THE HAMLET OF PORT EWEN, TOWN OF ESOPUS, ULSTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $6,500,000, AND AUTHORIZING THE ISSUANCE OF $6,500,000 SERIAL BONDS OF SAID FIRE DISTRICT TO PAY THE COST THEREOF.

WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE,

BE IT RESOLVED, by the Board of Fire Commissioners of Port Ewen Fire District in the Town of Esopus, Ulster County, New York, as follows:

Section 1. The construction of a new fire station, including original furnishings, equipment, machinery, apparatus, appurtenances, site improvement and incidental improvements and expenses in connection therewith, in and for the Port Ewen Fire District located at 288-290 Broadway in the Hamlet of Port Ewen, Town of Esopus, Ulster County, New York, is hereby authorized at a maximum estimated cost of $6,500,000.

Section 2. SEQRA DETERMINATION/NEGATIVE DECLARATION: It has heretofore been determined that this project constitutes an Unlisted Action for purposes of the State Environmental Quality Review Act which, it has been determined, will not result in any significant adverse environmental impact.

Section 3. The plan for the financing of such maximum estimated cost is by the issuance of $6,500,000 serial bonds of said Fire District hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law.

Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years pursuant to subdivision 94, based upon subdivisions 11(a) and 21(c) each of paragraph a of Section 11.00 of the Local Finance Law.

Section 5. The faith and credit of said Port Ewen Fire District in the Town of Esopus, Ulster 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 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 in said Fire District, a tax without limitation as to rate or amount sufficient to pay the principal of and interest on such bonds as the same become due and payable.

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 issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Fire District Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Fire District Treasurer, consistent with the provisions of the Local Finance Law.

Section 7. All other matters except as provided herein relating to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining annual debt service, shall be determined by the Fire District Treasurer, the chief fiscal officer of such Fire District. 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 forth and contain such recitals, in addition to those
required by Section 51.00 of the Local Finance Law, as the Fire District Treasurer shall determine
consistent with the provisions of the Local Finance Law.

Section 8. The validity of such bonds and bond anticipation notes may be contested only if:

a) Such obligations are authorized for an object or purpose for which said Fire District is not authorized to expend money, or

b) 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

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

Section 9. 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 10. Upon this resolution taking effect, the same shall be published in summary form in the
official newspaper of said Fire District for such purpose, together with a notice of the Fire District
Secretary in substantially the form provided in Section 81.00 of the Local Finance Law.

Section 11. This resolution is adopted subject to approval at a Special Election of said Fire District to
be held on September 21, 2021.

* * * * *

The polls will be kept open for the purpose of voting during the aforesaid hours, and the proposition will
be in substantially the following form, to-wit:

NEW FIRE STATION PROPOSITION

Shall the bond resolution entitled: “A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW FIRE
STATION, IN AND FOR THE PORT EWEN FIRE DISTRICT LOCATED AT 288-290 BROADWAY IN THE HAMLET
OF PORT EWEN, TOWN OF ESOPUS, ULSTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF
$6,500,000, AND AUTHORIZING THE ISSUANCE OF $6,500,000 SERIAL BONDS OF SAID FIRE DISTRICT TO
PAY THE COST THEREOF.”, duly adopted by the Board of Fire Commissioners of said Fire District on the
Sixth day of July, 2021, be approved?

Pursuant to subdivision 4 of Section 179 of the Town Law, every elector of the Town of Esopus, who
shall be a registered voter of such Town and who shall have resided in the Fire District for the period of
thirty days next preceding the election which is the subject of this notice shall be qualified to vote upon
such proposition.

Dated: Port Ewen, New York, July 6th, 2021.

BY ORDER OF THE BOARD OF FIRE COMMISSIONERS OF PORT EWEN FIRE DISTRICT IN THE TOWN OF
ESOPUS, ULSTER COUNTY, NEW YORK

Michael Dauner
Fire District Secretary

Port Ewen Board of Fire Commissioners
P.O. Box 832, 129 Legion Court, Port Ewen, New York 12466
Tel: (845) 338-8422 Fax: (845) 338-1243

Notice from Port Ewen Fire Dept.