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NOTICE OF DISTRICT ELECTION
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By Colton Fire District
August 29, 2024

Colton Fire District
of the
County of St. Lawrence,
State of New York


NOTICE IS HEREBY GIVEN that pursuant to a Resolution of the Board of Fire Commissioners of the Colton Fire District of the County of St. Lawrence, State of New York, an election of the qualified voters of the Colton Fire District of the County of St. Lawrence, State of New York, will be held at the Fire District Building located at Colton, New York on the 17th day of September, 2024, between the hours of 6:00 P.M. and 9:00 P.M. to vote upon the following Combined Resolution of the Board of Fire Commissioners of the Colton Fire District of the County of St. Lawrence, State of New York:

COMBINED RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF THE COLTON FIRE DISTRICT OF THE COUNTY OF ST. LAWRENCE, STATE OF NEW YORK, CONSISTING OF A PROJECT AUTHORIZATION AND BOND AUTHORIZATION RESOLUTION AND A CAPITAL RESERVE ACCOUNT RESOLUTION, ACTED UPON AT A MEETING OF THE FIRE COMMISSIONERS OF THE COLTON FIRE DISTRICT HELD ON THE 9TH DAY OF JULY, 2024.
I. PROJECT AUTHORIZATION AND BOND
AUTHORIZATION RESOLUTION:
BOND RESOLUTION DATED JULY 9, 2024, OF THE BOARD OF FIRE COMMISSIONERS OF THE COLTON FIRE DISTRICT OF THE COUNTY OF ST. LAWRENCE, STATE OF NEW YORK, AUTHORIZING THE PURCHASE OF ONE (1) NEW TANKER FIRE TRUCK AND ONE (1) NEW PUMPER FIRE TRUCK WITH RELATED NECESSARY AND APPROPRIATE EQUIPMENT AND FURNISHINGS, AT AN ESTIMATED COST NOT TO EXCEED THE SUM OF ONE MILLION ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($1,100,000.00) FOR THE COLTON FIRE DISTRICT OF THE COUNTY OF ST. LAWRENCE, STATE OF NEW YORK, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS AND/OR A STATUTORY INSTALLMENT BOND AND NOTES AND RENEWAL NOTES IN ANTICIPATION THEREOF, OF SAID FIRE DISTRICT PURSUANT TO THE PROVISIONS OF THE LOCAL FINANCE LAW OF THE STATE OF NEW YORK IN AN AMOUNT NOT TO EXCEED THE SUM OF NINE HUNDRED FORTY-SIX THOUSAND AND 00/100 DOLLARS ($946,000.00) TO PAY THE COST THEREOF.

BE IT RESOLVED, by the Board of Fire Commissioners of the Colton Fire District of the County of St. Lawrence, State of New York, as follows:
Section #1. The purchase of a new tanker fire truck and a new pumper fire truck with related necessary and appropriate equipment and furnishings at an estimated cost not to exceed the sum of One Million One Hundred Thousand and 00/100 Dollars ($1,100,000.00) is hereby authorized.

Section #2. The specific purpose to be financed pursuant to this resolution is the specific purpose set forth in Section #1 hereof the total cost of which is not to exceed the sum of One Million One Hundred Thousand and 00/100 Dollars ($1,100,000.00).

Section #3. The plan of financing such object or purpose is, in part, by issuance of Serial Bonds and/or Statutory Installment Bonds of the said Fire District and Notes and Renewal Notes in anticipation thereof in an amount not exceeding Nine Hundred Forty-Six Thousand and 00/100 Dollars ($946,000.00) which is hereby authorized pursuant to the provisions of the Local Finance Law of the State of New York. Such Serial Bonds and/or Statutory Installment Bonds and the Notes and Renewal Notes issued in anticipation thereof are to be payable from amounts which shall annually be levied on all the taxable real property of said Fire District and the faith and credit of said Colton Fire District are hereby pledged for the payment of said Serial Bonds and/or Statutory Installment Bonds and any Notes and Renewal Notes issued in anticipation thereof and the interest thereon. The balance of the monies necessary to the financing of said specific purpose shall come from monies withdrawn from the District’s equipment capital reserve account as hereinafter set forth.

Section #4. It is hereby determined that the period of probable usefulness of such object or purpose is twenty (20) years pursuant to Section 11.00 of the Local Finance Law of the State of New York. The final redemption date of said Bonds and/or Statutory Installment Bonds to be issued will not extend beyond twenty (20) years from the date of their initial issuance. It is hereby further determined, pursuant to Local Finance Law Section 32.00(5), that the maximum maturity of the Serial Bonds and/or Statutory Installment Bonds herein authorized will exceed five (5) years.

Section #5. Subject to the terms and conditions of this resolution, and the Local Finance Law of the State of New York, the power to authorize Bond Anticipation Notes in anticipation of the issuance of the Serial Bonds or Statutory Installment Bonds authorized by this resolution and the renewal of said notes and the power to prescribe the terms, form and contents of such Serial Bonds or Statutory Installment Bonds and of such Bond Anticipation Notes and the power to sell and to deliver such Serial Bonds or Statutory Installment Bonds and Bond Anticipation Notes issued in anticipation of the issuance of such Serial Bonds or Statutory Installment Bonds is hereby delegated to the Chief Fiscal Officer of the Colton Fire District of the County of St. Lawrence, State of New York. The Chief Fiscal Officer of the Colton Fire District is hereby authorized to sign any Serial Bonds or Statutory Installment Bonds issued pursuant to this resolution and any Bond Anticipation Notes and renewals thereof issued in anticipation of the issuance of said Serial Bonds or Statutory Installment Bonds and the Fire District Secretary is hereby authorized to affix the corporate seal of the Colton Fire District to any Serial Bonds or Statutory Installment Bonds and any Bond Anticipation Notes and to attest such seal. Each interest coupon representing interest payable on such Serial Bonds shall be authenticated by the facsimile signature of the Chief Fiscal Officer of the Colton Fire District. Further, pursuant to Local Finance Law Section 21.00 (d), the Chief Fiscal Officer of the Colton Fire District of the County of St. Lawrence, State of New York, is authorized to determine whether or not the Serial Bonds and/or Statutory Installment Bonds hereby authorized to be issued will provide for substantially level or declining annual debt service as determined by the Chief Fiscal Officer of the Colton Fire District.

Section #6. The faith and credit of the Colton Fire District, is hereby pledged for the payment of the principal of and interest on such Serial Bonds or Statutory Installment bonds an any Bond Anticipation Notes and renewals thereof issued in anticipation of the issuance of such Serial Bonds or Statutory Installment Bonds.

Section #7. This resolution shall be published in full by the District’s Secretary of the Colton Fire District, of the County of St. Lawrence, State of New York, together with a notice in substantially the form prescribed in Section 81.00 of the Local Finance Law of the State of New York. The validity of the Serial Bonds or Statutory Installment Bonds and of any Bond Anticipation Notes and renewals thereof issued in anticipation of the issuance of such Serial Bonds or such Statutory Installment Bonds issued hereunder may be contested only if:
A. Such obligation is authorized for an object or purpose for which said Fire District is not authorized to expend money, or
B. If the provisions of law which should have been complied with as of the date of publication of such resolution were 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 obligation is authorized in violation of the provisions of the Constitution.
Section #8. These Serial Bonds and/or Statutory Installments Bonds and Notes issued in anticipation thereof are hereby designated a “qualified tax-exempt obligation” pursuant to Section 902(b)(3)(B) of the Tax Reform Act of 1986 (Section 265(b)3 of the Internal Revenue Code with respect to the deduction of the costs of purchasing or carrying the Note by banks and financial institutions). The Colton Fire District reasonably anticipates and hereby agrees that it will not issue “qualified tax-exempt obligations” in excess of ten million and no/100 dollars ($10,000,000.00) during the calendar years of 2024, 2025. The Colton Fire District further certifies that the sum of the principal amount of the Serial Bonds and/or Statutory Installment Bonds and Notes and renewals thereof issued in anticipation thereof and the principal amount of any other “qualified tax-exempt obligations” hereby issued by the Colton Fire District, during 2024, 2025 for the purpose of Section 902(b)(3)(B) of the Tax Reform Act of 1986 (Section 265(b)3 of the Internal Revenue Code with respect to the deduction of the costs of purchasing or carrying the Note by banks and financial institutions) does not exceed ten million and no/100 dollars ($10,000,000.00).
The Serial Bonds and/or Statutory Installment Bonds and Notes and renewals thereof issued in anticipation thereof are hereby further designated a “small governmental unit” issue within the meaning of Internal Revenue Code Section 148(f)(4)(C), in that (I) it is issued by a governmental unit with general taxing powers, (II) no bond which is a part of such issue is a private activity bond, (III) ninety-five percent (95%) or more of the net proceeds of such issue are to be used for the local governmental activities of the Colton Fire District, and (IV) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the Colton Fire District, (and all subordinate entities thereof) during 2024, 2025 is not reasonably expected to exceed five million and no/100 dollars ($5,000,000.00).
Section #9: This resolution shall become effective upon its approval by the duly qualified voters of said Fire District at an election to be held on September 17, 2024, between the hours of 6:00 p.m. and 9:00 p.m.

II. CAPITAL RESERVE ACCOUNT RESOLUTION:

RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF THE COLTON FIRE DISTRICT OF THE COUNTY OF ST. LAWRENCE, STATE OF NEW YORK, AT A MEETING THEREOF HELD ON THE 9TH DAY OF JULY, 2024.

BE IT RESOLVED, that pursuant to Section 6-g of the General Municipal Law of the State of New York, as amended, this Board of Fire Commissions of the Colton Fire District of the County of St. Lawrence, State of New York, does hereby authorize the expenditure from the equipment capital reserve fund of the Fire District the sum not to exceed One Hundred Fifty-Four Thousand and 00/100 Dollars ($154,000.00) to finance the cost of the acquisition of a new tanker fire truck and a new pumper fire truck with related necessary and appropriate equipment and furnishings.
BE IT FURTHER RESOLVED, that this resolution is subject to a mandatory referendum as provided by Section 6-g of the General Municipal Law of the State of New York and shall become effective upon its approval by the duly qualified voters of said District at an election to be held on September 17, 2024 between the hours of 6:00 p.m. and 9:00 p.m.
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:

COLTON FIRE DISTRICT,
OF THE COUNTY OF ST. LAWRENCE,
STATE OF NEW YORK.

OFFICIAL BALLOT
FOR THE COMBINED RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS
OF THE COLTON FIRE DISTRICT,
OF THE COUNTY OF ST. LAWRENCE, STATE OF NEW YORK
DATED JULY 9, 2024

CONSISTING OF A PROJECT AUTHORIZATION AND
BOND AUTHORIZATION RESOLUTION, A CAPITAL RESERVE ACCOUNT
RESOLUTION AND A RESOLUTION PURSUANT TO TOWN LAW
SECTION 176(23)


1. Mark ballot only with pencil having black lead.

2. To vote in favor of the resolution, make an X in the box next to the word YES.

3. To vote against the resolution, make an X in the box next to the word NO.

******************************************************************************

SHALL, the following resolution be duly adopted, to wit:


COMBINED RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF THE COLTON FIRE DISTRICT, COUNTY OF ST. LAWRENCE, STATE OF NEW YORK, DATED JULY 9 2024, CONSISTING OF A PROJECT AUTHORIZATION AND BOND RESOLUTION BY WHICH THE DISTRICT WILL PURCHASE ONE (1) NEW TANKER FIRE TRUCK AND ONE (1) NEW PUMPER FIRE TRUCK WITH RELATED NECESSARY AND APPROPRIATE EQUIPMENT AND FURNISHINGS AT AN ESTIMATED COST NOT TO EXCEED THE SUM OF ONE MILLION ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($1,100,000.00) AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS AND/OR STATUTORY INSTALLMENT BONDS AND NOTES IN ANTICIPATION THEREOF IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF NINE HUNDRED FORTY-SIX THOUSAND AND 00/100 DOLLARS ($946,000.00) TO PAY THE COSTS THEREOF; AND FURTHER THE CAPITAL RESERVE ACCOUNT RESOLUTION AUTHORIZING THE WITHDRAWAL FROM THE CAPITAL RESERVE FUND OF THE FIRE DISTRICT THE SUM NOT TO EXCEED ONE HUNDRED FIFTY-FOUR THOUSAND AND 00/100 DOLLARS ($154,000.00).


□ YES □ NO

Those who are qualified to vote on the aforesaid proposition are the qualified voters of the Colton Fire District of the County of St. Lawrence, State of New York who are registered voters of the Fire District, and who have resided in the Fire District for a period of 30 days next preceding September 17, 2024.


Dated: ___July 9_________, 2024.


BY THE ORDER OF THE BOARD OF FIRE COMMISSIONERS OF THE COLTON FIRE DISTRICT OF THE COUNTY OF ST. LAWRENCE AND STATE OF NEW YORK.

MJ Watson______________________________________
By: Mary Jane Watson
Its: District Secretary

Attachments:
Attachment Colton Fire District Legal Notice.pdf  (106k)
 

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