Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Roberts and Legislators Donaldson, Haynes, Heppner, and James Maloney), and The

Ways and Means Committee (Chairman Gerentine and Legislators Archer, Bartels,

Lopez, James Maloney, Joseph Maloney, and Petit)

Chairman of the Legislature Kenneth J. Ronk Jr. offers the following:

 WHEREAS, by Resolution No. 199 dated and duly adopted on the date

hereof, the County Legislature of the County of Ulster, New York has amended

Capital Project No. 512 for the Probation Building construction to accommodate the

Ulster County Restorative Justice and Community Empowerment Center for the

Department of the Public Works (Building and Grounds); and

 WHEREAS, the capital project hereinafter described, as proposed, has been

determined to be a Type II Action pursuant to the regulations of the New York State

Department of Environmental Conservation promulgated pursuant to the State

Environmental Quality Review Act, which regulations state that Type II Actions will

not have a significant adverse effect on the environment; and

 WHEREAS, it is now desired to authorize the financing of such capital

project; now, therefore be it

 RESOLVED, by the affirmative vote of not less than two-thirds of the total

voting strength of the County Legislature of the County of Ulster, New York, as

follows:

Section 1. Reconstruction of the Probation Building, located on Broadway, in

Kingston, New York, to accommodate the Ulster County Restorative Justice and

Community Empowerment Center, in and for the County of Ulster, New York,

including original furnishings, machinery, equipment, apparatus, appurtenances, and

incidental equipment and expenses in connection therewith, are hereby authorized at

a maximum estimated cost of $2,842,200.00.

Section 2. It is hereby determined that the plan for the financing of the aforesaid

maximum estimated cost is by the issuance of $2,842,200.00 of bonds of the County

hereby authorized to be issued therefor pursuant to the provisions of the Local

Finance Law. 

Section 3. It is hereby determined that the period of probable usefulness of the

aforesaid specific object or purpose is twenty-five years, pursuant to subdivision

12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law.

Section 4. The faith and credit of said County of Ulster, New York, are hereby

irrevocable 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 of said County, a tax sufficient to pay the principal of and

interest on such bonds as the same become due and payable.

Section 5. 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 bonds herein authorized, including renewals of such notes, is hereby

delegated to the Commissioner of Finance, 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 Commissioner of Finance, consistent with the provisions of the

Local Finance Law.

Section 6. 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 Commissioner of Finance, the chief fiscal officer of such County. 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 51.00 of the Local Finance Law, as

the Commissioner of Finance shall determine consistent with the provisions of the

Local Finance Law. 

Section 7. 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 County 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 days after the date of such publication, or

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

Section 8. This resolution shall constitute a statement of official intent for purposes

of Treasury Regulations Section 1.140 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 9. This resolution, which takes effect immediately, shall be published in

summary form in the official newspaper(s) of such County, together with a notice of

the Clerk of the County Legislature in substantially the form provided in Section

81.00 of the Local Finance Law,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: NOES:

Passed Committee: Laws and Rules, Governmental Services on May 14, 2018

Postponed in Committee: Ways and Means for one week (until Special Legislative

Session) on May 15, 2018

FINANCIAL IMPACT:

$2,842,200.00 – ADDITIONAL CAPITAL PROJECT NO. 512 APPROPRIATIONS

$2,842,200.00 – ADDITIONAL SERIAL BONDS