NOTICE OF ELECTION
Aurelius Fire District
Town of Aurelius, Cayuga County, New
York
NOTICE IS HEREBY GIVEN that pursuant
to a resolution of the Board of Fire Commissioners, a special election of the
qualified voters of the Aurelius Fire District at the Aurelius Fire District at
712 Clark Street Road, Aurelius, New York 13034, on the 23rd day of August, 2011,
between the hours of 6:00 p.m. and 9:00 p.m. to vote upon the following Bond
Resolution:
BOND RESOLUTION OF THE BOARD OF
WHEREAS, the Board of Fire Commissioners of the Aurelius
Fire District, Town of Aurelius, Cayuga County, New York (the “District”)
desires to have the District undertake the acquisition and equipping of a fire
pumper with attendant appliances and
related and incidental equipment and services in connection with the foregoing (collectively,
the “Apparatus”);
SECTION 1. The District is hereby authorized to acquire
the Apparatus as hereinabove described, and to issue $388,000 principal amount
of serial and/or statutory installment bonds pursuant to the provisions of the
Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the “Law”) to finance the estimated cost of the Apparatus.
SECTION 2. It is hereby determined that the aggregate
maximum estimated cost of the aforesaid specific object or purpose is $450,000,
said amount is hereby appropriated therefor and the plan for the financing
thereof shall consist of the issuance of the $388,000 in serial and/or
statutory installment bonds of the District authorized to be issued pursuant to
this Resolution, or bond anticipation notes issued in anticipation of such serial
and/or statutory installment bonds.
SECTION 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is twenty (20)
years, pursuant to subdivision 27 of Section 11.00(a) of the Law.
SECTION 4. Current funds are not required to be provided
prior to the issuance of the bonds authorized by this Resolution or any bond
anticipation notes issued in anticipation thereof, pursuant to Section
107.00(d)(9) of the Law.
SECTION 5. The temporary use of available funds of the
District not immediately required for the purpose or purposes for which the
same were borrowed, raised or otherwise created, is hereby authorized pursuant
to Section 165.10 of the Law, for the capital purposes described in Section 1
of this Resolution. This Resolution
shall constitute a declaration of official intent to reimburse the expenditures
authorized by Section 1 hereof with the proceeds of the bonds and bond
anticipation notes authorized herein, as required by United States Treasury
Regulation Section 1.150-2.
SECTION 6. Each of the serial and/or statutory
installment 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 Law and said serial and/or statutory
installment bonds and any bond anticipation notes issued in anticipation of
said bonds shall be general obligations of the District, payable as to both
principal and interest by a general tax upon all the real property within the
District without legal or constitutional limitation as to rate or amount. The faith and credit of the District are
hereby irrevocably pledged to the punctual payment of the principal and
interest on said serial and/or statutory installment bonds and bond
anticipation notes and provisions shall be made annually in the budget of the
District by appropriation for (a) the amortization and redemption of the bonds
and bond anticipation 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 Resolution
and of the Law, pursuant to the provisions of Section 30.00 relative to the
authorization of the issuance of serial and/or statutory installment bonds and
bond anticipation notes or the renewals of said obligations and of Sections
21.00, 50.00, 54.90, 56.00 through 60.00 and 62.10 and 63.00 of the Law, the
powers and duties of the Board of Fire Commissioners relative to authorizing serial
and/or statutory installment bonds and bond anticipation notes and prescribing
terms, form and contents as to the sale and issuance of bonds herein authorized
including, without limitation, the determination whether to issue bonds having
substantially level or declining annual debt service and all matters related
thereto, and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said bond anticipation notes, are hereby delegated
to the District Treasurer, the Chief Fiscal Officer of the District.
SECTION 8. The District Treasurer is hereby further
authorized to take such actions and execute such documents as may be necessary
to ensure the continued status of the interest on the bonds authorized by this
Resolution and any notes issued in anticipation thereof, as excludable from
gross income for federal income tax purposes pursuant to Section 103 of the
Internal Revenue Code of 1986, as amended (the “Code”) and to designate the
bonds authorized by this Resolution and any notes issued in anticipating
thereof, if applicable, as “qualified tax-exempt bonds” in accordance with Section
265(b)(3)(B)(i) of the Code.
SECTION 9. Pursuant to Section 38.00 of the Law, this
Resolution shall be subject to a mandatory referendum, to be held at a special
election on August 23, 2011, in the manner prescribed by Sections 175, 175-c
and 179 of the Town law of the State of New York. This Resolution shall not take effect until
approved by the affirmative vote of a majority of the duly qualified voters of
the District voting on such proposition.
As soon as reasonably possible after the date that this Resolution takes
effect, the Secretary of the District is hereby authorized and directed to
cause a copy of this Resolution to be published in full in the Auburn Citizen which is the designated official
newspaper of the District for such purposes, together with a notice of the Secretary
of the District in substantially the form provided in Section 81.00 of the Law.
SECTION 10. The validity of the bonds authorized by this
Resolution and of any bond anticipation notes issued in anticipation of said
bonds may be contested only if:
(a) such
obligations are authorized for an object or purpose for which the District is
not authorized to expend money; or
(b) 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 within twenty (20) days after
the date of such publication; or
(c) such
obligations are authorized in violation of the provisions of the constitution.
The polls will be open for the
purpose of voting during the aforesaid hours, and the ballot will be in
substantially the following form, to wit:
PROPOSITION NO. 1
Shall the Resolution entitled:
BOND RESOLUTION OF THE BOARD OF FIRE
COMMISSIONERS OF THE AURELIUS FIRE DISTRICT, TOWN OF AURELIUS, CAYUGA COUNTY,
NEW YORK (THE “DISTRICT”), AUTHORIZING THE ACQUISITION AND EQUIPPING OF A FIRE
PUMPER FIRE APPARATUS WITH ATTENDANT
EQUIPMENT AND APPLIANCES AND SERVICES RELATED THERETO; ESTIMATING THE TOTAL
COST THEREOF AT $450,000; APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING
THE ISSUANCE OF $388,000 IN SERIAL AND/OR STATUTORY INSTALLMENT BONDS OF THE
DISTRICT TO FINANCE SAID APPROPRIATION
duly adopted
by the Board of Fire Commissioner of said Fire District on June 21, 2011 be
approved?
Those
who are qualified to vote on the aforesaid proposition are qualified voters who
shall have resided in said Fire District for thirty days next preceding such
election.
Dated:
Aurelius, New York
July 19, 2011
By
Order of the Board of Fire Commissioners
of
the Aurelius Fire District
By: Deborah
A. Pinckney, Secretary