Bill Text: NY S06310 | 2011-2012 | General Assembly | Introduced
Bill Title: Legalizes and validates acts and proceedings of the town board of the town of Vienna, Oneida county, relating to an extension of the Vienna water district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-24 - REFERRED TO LOCAL GOVERNMENT [S06310 Detail]
Download: New_York-2011-S06310-Introduced.html
S T A T E O F N E W Y O R K
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6310
I N S E N A T E
January 24, 2012
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to legalize and validate certain acts and proceedings of the town
board of the town of Vienna, Oneida county, in relation to the estab-
lishment of extension number one to the hamlet of Vienna water
district in said town and certain obligations issued to finance the
improvements therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. (a) It is found and determined that:
2 (i) the town board of the town of Vienna, Oneida County, has heretofore
3 taken steps to establish a water district extension in said town pursu-
4 ant to article twelve-A of the town law known as extension number one to
5 the hamlet of Vienna water district with improvements to be constructed
6 at a maximum estimated cost of six hundred sixty-five thousand dollars;
7 (ii) pursuant to section two hundred nine-d of the town law by order
8 dated November fifteenth, two thousand six, said town board called a
9 public hearing for the establishment thereof to be held on the sixth of
10 December, two thousand six, on which date said public hearing was duly
11 held after due and proper legal notice thereof; (iii) by resolution
12 dated the sixth of December, two thousand six, adopted effective imme-
13 diately, said town board determined the public interest of the improve-
14 ments therefore at said maximum estimated cost; (iv) on January seven-
15 teenth, two thousand seven, the town board did readopt the resolution
16 previously adopted on the sixth of December, two thousand six, effective
17 immediately, and published a notice of adoption thereof; (v) the town
18 board on January seventeenth, two thousand seven, did also adopt a bond
19 resolution authorizing the issuance of obligations in the amount of six
20 hundred sixty-five thousand dollars to pay the cost of the improvements
21 therefor; (vi) on the twenty-fourth of January, two thousand seven, the
22 legal notice of estoppel of said bond resolution was published in the
23 official newspaper of the town in accordance with the provisions of
24 title six of the local finance law; and (vii) no action, suit or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11652-01-1
S. 6310 2
1 proceedings contesting the validity of obligations to be issued there-
2 under was filed within the twenty day period provided therein.
3 (b) It is further found and determined that pursuant to section two
4 hundred nine-f of the town law said town was not required to apply for
5 permission of the state comptroller to establish said extension as the
6 typical cost of the typical property did not exceed the threshold there-
7 for.
8 (c) It is further found and determined that: (i) the town board of the
9 town of Vienna, Oneida county, has thereafter taken steps to establish
10 said water district extension in said town pursuant to article twelve-A
11 of the town law known as extension number one to the hamlet of Vienna
12 water district at a revised maximum estimated cost of seven hundred
13 thirty thousand dollars, an increase of sixty-five thousand dollars over
14 that previously authorized; (ii) pursuant to section two hundred nine-h
15 of the town law, by order dated July fifth, two thousand seven, said
16 town board called a public hearing for the establishment of said exten-
17 sion at the revised maximum estimated cost thereof to be held on the
18 twenty-fifth of July, two thousand seven, on which date said public
19 hearing was duly held after due and proper legal notice thereof; (iii)
20 pursuant to section two hundred nine-h of the town law, by resolution
21 dated September twenty-sixth, two thousand seven, adopted subject to
22 permissive referendum, said town board determined that it was in the
23 public interest to establish said extension number one to the hamlet of
24 Vienna water district and to make the improvements therefor at said
25 revised maximum estimated cost; (iv) a notice of adoption of the afore-
26 said resolution subject to permissive referendum was duly posted and
27 published in the manner prescribed by such section within ten days after
28 the adoption thereof; (v) no petition for referendum was filed as to the
29 establishment of said extension at said revised maximum estimated cost;
30 (vi) the town board thereafter did adopt a bond resolution on November
31 seventh, two thousand seven, authorizing the issuance of additional
32 obligations in the amount of sixty-five thousand dollars to pay the
33 additional portion of the cost of the improvements for the establishment
34 of said extension; (vii) on the tenth of November, two thousand seven,
35 the legal notice of estoppel of said bond resolution was published in
36 the official newspaper of the town in accordance with the provisions of
37 the title six of the local finance law; and (viii) no action, suit or
38 proceeding contesting the validity of obligations to be issued there-
39 under was filed within the twenty day period provided therein.
40 (d) It is further found and determined that pursuant to section two
41 hundred nine-f of the town law said town was not required to apply for
42 permission of the state comptroller to establish said extension at the
43 revised maximum estimated cost as the typical cost of the typical prop-
44 erty did not exceed the threshold therefor.
45 (e) It is further found and determined that in order to pay the cost
46 of the improvements in such extension, which is an assessable improve-
47 ment, said town issued a bond anticipation note dated October first, two
48 thousand seven, in the principal amount of six hundred sixty-five thou-
49 sand dollars and maturing October first, two thousand eight, pursuant to
50 the bond resolution dated the seventeenth of January, two thousand
51 seven. Upon the maturity thereof, such note was paid in full with the
52 proceeds of a statutory installment bond issued to the New York state
53 environmental facilities corporation, in the amount of seven hundred one
54 thousand, seven hundred eighty-two dollars which included thirty-six
55 thousand seven hundred eighty-two dollars in additional borrowing in
56 addition to the amount needed to refinance said bond anticipation note,
S. 6310 3
1 said bond entitled "E.F.C. Drinking Water Statutory Installment
2 Bond-2008" dated the twenty-sixth of June, two thousand eight, issued
3 pursuant to the bond resolutions dated and duly adopted on the seven-
4 teenth of January, two thousand seven, and the tenth of November, two
5 thousand seven, as to which legal notices of estoppel as described in
6 section eighty-one of the local finance law had been duly published and
7 as to which the twenty day period limitation described in section eight-
8 y-two of the local finance law had elapsed without any action, suit or
9 proceeding contesting the validity of obligations to be issued there-
10 under.
11 S 2. All actions heretofore taken and proceedings had by the town
12 board of the town of Vienna, Oneida county, in connection with the
13 establishment of said extension number one to the hamlet of Vienna water
14 district and the obligations thereof described in section one of this
15 act are hereby legalized, validated and confirmed, notwithstanding any
16 failures, defects, irregularities, or omissions with respect thereto or
17 any other failures, defects, irregularities or omissions in any acts or
18 proceedings of said town board taken with respect thereto.
19 S 3. The expenses of the said water district shall be levied on the
20 real property located therein on an ad valorem basis.
21 S 4. This act shall take effect immediately.
