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1969-01-16 SP 128 Special Meeting January 16 , 1969 Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman f Absent: Theodore Turner Councilman Present: Harold Robillard Councilman Hammond Robertson Jr. Councilman The meeting was called to order by the Supervisor at 8:05 P.M. Supervisor Solomon greeted the following visitors: William Richardson Visitor John Austin Jr. Visitor Florence Mcllvaine The Post Star The clerk presented two letters from the State of New York/ Department of Transportation which will be discussed and acted upon at a later meeting date. The following Resolutions were adopted to do with issuance of Capital Notes: RESOLUTION NO.40 Introduced by Mr. Robertson, seconded by Mr. Demboski RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTES TO FINANCE THE PURCHASE OF HIGHWAY MACHINERY WHEREAS, the Town Board of the Town of Queensbury, New York, after due public notice, by a resolution duly adopted on the 14th day of November, 1968, authorized the Town Superintendent of Highways to purchase certain machinery for highway construction and maintenance at a total cost of $22,825.00, subject to the approval of the County Superintendent of Highways, and provided that$20,750.00 of such cost was to be paid from the proceeds of obligations to be issued pursuant to the Local Finance Law, and Whereas, a contract of purchase for such machinery was duly entered into by the Town Superintendent of Highways on the 15th day of November, 1968, which contract has been duly approved by the County Superintendent of Highways, Now, THEREFORE, BE IT RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance the cost of the purchase of one (1) 1969 Trojan Tractor Shovel. 2. The maximum cost of such machinery is $22,825.00, and the plan of financing such cost is as follows: $2,075.00 is to be provided by machinery traded in pursuant to section 142 of the Highway Law of the value of $2,075. 00. The balance of the cost is to be provided by the issuance of capital notes in the amount of $20,750.00 pursuant to this resolution. 3. The following determinations are hereby made: (a) The period of probable usefulness of such machinery is (5) years. (b) The subdivision of paragraph a of Section 11:00 of the local Finance Law which is applicable in the circumstance is subdivision "28". (c) The proposed maturity of the obligations authorized by this resolution will not be in excess of five (5) years. 4. That the Town of Queensbury issue its capital note in the amount of $20,750. 00 to finance such cost in accordance with the financial plan set forth above. Such note shall be dated app- roximately as of the date of the delivery of such machinery and the power to fix and determine the exact date of such note is hereby delegated to the Supervisor. ! 5. Such capital note shall be numbered 1 and shall mature in the year 1970. The power to fix and determine the date upon which . such note shall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding four and one-half (4-k%) percent per annum payable annually. Such note shall be in substantially the following form : UNITED STATES OF AMERICA STATE OF NEW YORK No. 1 County of Warren $20,750. 00 The Town of Queensbury, in the County of Warren, a municipality of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this note the sum of $20,750. 00 on the day of ,19 , together with interest thereon from the date hereof at the rate of 4-k% per annum, payable annually. Both principal of and interest on this note will be paid in lawful money of the United States of America at the office of the Glens Falls National Bank and Trust Company, Glens Falls, New York. This note may not be converted to registered form. i This note is the only note of an authorized issue in the amount of $20,750. 00. This note is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on January 16, 1969. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the principal and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this note, exist, have happened and have been performed, and that this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corporate seal to be hereunto affixed and attested by its Town Clerk and this note to '-.-� be dated as of the 16th day of January, 1969. (Town Seal) Town of Queensbury, New York ATTEST: by Gerald B. Solomon its Supervisor George C. Crannell. Town Clerkof the Town of Queensbury, New York 6. The supervisor is hereby delegated the power to 130 prepare such note and to sell such note at private sale at not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations set forth in this resolution. The Supervisor shall deliver such note to the purchaser thereof only against cash or a certified check. The proceeds of sale of the note shall be deposited in the Highway Machinery Fund account. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote Ayes: Mr. Demboski, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: None Absent: Mr. Theodore Turner. RESDLUTION NO. 41 Introduced by Mr. Robertson, seconded by Mr. Demboski. RESOLUTION FOR THE ISSUANCE OF CAPITAL NOTES TO FINANCE THE PURCHASE OF HIGHWAY MACHINERY WHEREAS, the Town Board of the Town of Queensbury, New York, after due public notice, by a resolution duly adopted on the 17th day of October, 1968, authorized the Town Superintendent of Highways to purchase certain machinery for highway construction and maintenance at a total cost of $42,686. 00 subject to the approval of the County Superintendent of Highways, and provided that $41,250.00 of such cost was to be paid from proceeds of obligations to be issued pursuant to the Local Finance Law, and WHEREAS, a contract of purchase for such machinery was duly entered into by the Town Superintendent of Highways on the 14th day of November, 1968, which contract has been duly approved by the County Superintendent of Highways, NOW, THEREFORE BE IT RESOLVED: 1. The specific object or purpose for which obligations are to be issued pursuant to this resolution is to finance the cost of the purchase of three (3) model 2010A International Dump Trucks. 2. The maximum cost of such machinery is $42,686.00, and the plan of financing such cost is as follows: $1,436.00 is to be provided by machinery traded pursuant to Section 142 of the Highway Law of the value of $1,436.00. The balance of the cost is to be provided by the issuance of capital notes in the amount of $41,250.00 pursuant to this resolution. 3. The following determinations are hereby made (a) The period of probable usefulness of such machinery is five (5) years. (b) The subdivision of paragraph a of Section 11: 00 of the Local Finance Law which is applicable in the circumstances is sub- division "28". (c) The proposed maturity of the obligations authorized by this resolution will not be in excess of five (5) years. 1 4. Thap the Town of Queensbury issue its capital notes in the amount of $41,250.00 to finance such cost in accordance with the financial plan set forth above. Such notes shall be dated approximately as of the date of the delivery of such machinery and the power to fix and determine the exact date of such notes is hereby delegated to the Supervisor. 5. Such capital note shall be numbered 1 and shall mature in the year 1970. The power to fix and determine the date upon which such note shall become due and payable is hereby delegated to the Supervisor. The note shall be issued in bearer form, shall not contain a power to convert to registered form, and shall bear interest at a rate not exceeding four and one-half (4-�%) percent per annum payable annually.,. Such note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEW YORK No. 1 County of Warren $412250.00 Town of Queensbury Capital note of 1969 The Town of Queensbury, in the County of Warren, a municipality of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this note the sum of $41,250.00 on the day of 19 , together with interest thereon from the date hereof at the rate of 4-k% pertannum, payable annually. Both principal of"and interest on this note will be paid in lawful money of the United States of America at the office of the Glens Falls National Bank and Trust Company, Glens Falls, N.Y. This note may not be converted to registered form. Y This note is the only note of an authorized issue in the amount of $41,250.00. This note is issued pursuant to the provisions of a resolution entitled "Capital Note Resolution" duly adopted by the Town Board of such Town of Queensbury on January 16, 1969. The faith and credit of such Town of Queensbury are hereby irrevocably pledged for the punctual payment of the prin- cipal of and interest on this note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been per- formed precedent to and in the issuance of this note, exist, have happened and have been performed, and that this note, together with all other indebtedness of such Town of Queensbury, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Queensbury, New York, has caused this note to be signed by its Supervisor, and its corp- orate seal to be hereunto affixed and attested by its Town Clerk and this note to be dated as of the 16th day of January, 1969. (Town Seal) Town of Queensbury, New York by Gerald B. Solomon its Supervisor Attest: George C. Crannell Town Clerk of the Town of Queensbury, New York 6. The supervisor is hereby delegated the power to prepare such note and to sell such note at private sale at not less than par and accrued interest, and at such sale to fix the interest rate to be borne by such note within the limitations set forth in this resolution. The Supervisor shall deliver such note to the purchaser thereof only against cash or certified check. The proceeds of sale of the note shall be deposited in the Highway Machinery Fund account. The powers delegated to the Supervisor by this resolution shall be exercised in conformity with the provisions of the Local Finance Law. 7. This resolution shall take effect immediately. Duly adopted by the following vote: AYES: Mr. Demboski, Mt. Robillard, Mr. Robertson and Mr. Solomon NOES: None. Absent: Mr. Theodore Turner. Councilman Robertson reported on a recent meeting with the Engineer Mr. Joseph Kestner Jr. Mr. Kestner is the engineer for the Queens- bury Water District. Mr. Robertson stated that the preliminary data has been compiled and that the Engineer is ready to proceed with final plans for development of a Water Supply to be taken from the Hudson River and eventually delivered to the Queensbury Water System. Councilman Robertson also stated that it is expected that a Public Hearing will be arranged in March, 1969. Another extension is also being planned for Western Park and West Moun- tain roads. Mr. William Richardson was granted the floor. Mr. Richardson questioned the Town Board as to the present status of the action to do with the removal of certain signs in the Zayre Shopping Complex. Supervisor Solomon explained to Mr. Richardson that a Court hear- ing is planned at a future date being arranged by the Town Attorney. On motion the meeting was adjourned. Respectfully submitted George C. Crannell Town Clerk