Senate Bill S6310

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  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:

  Section 1. Legislative findings. (a) It is found and determined  that:
(i)  the town board of the town of Vienna, Oneida County, has heretofore
taken steps to establish a water district extension in said town  pursu-
ant to article twelve-A of the town law known as extension number one to
the  hamlet of Vienna water district with improvements to be constructed
at a maximum estimated cost of six hundred sixty-five thousand  dollars;
(ii)  pursuant  to  section  two hundred nine-d of the town law by order
dated November fifteenth, two thousand six, said  town  board  called  a
public  hearing for the establishment thereof to be held on the sixth of
December, two thousand six, on which date said public hearing  was  duly
held  after  due  and  proper  legal notice thereof; (iii) by resolution
dated the sixth of December, two thousand six, adopted  effective  imme-
diately,  said town board determined the public interest of the improve-
ments therefore at said maximum estimated cost; (iv) on  January  seven-
teenth,  two  thousand  seven, the town board did readopt the resolution
previously adopted on the sixth of December, two thousand six, effective
immediately, and published a notice of adoption thereof;  (v)  the  town
board  on January seventeenth, two thousand seven, did also adopt a bond
resolution authorizing the issuance of obligations in the amount of  six
hundred  sixty-five thousand dollars to pay the cost of the improvements
therefor; (vi) on the twenty-fourth of January, two thousand seven,  the
legal  notice  of  estoppel of said bond resolution was published in the
official newspaper of the town in  accordance  with  the  provisions  of
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

proceedings contesting the validity of obligations to be  issued  there-
under was filed within the twenty day period provided therein.
  (b)  It  is  further found and determined that pursuant to section two
hundred nine-f of the town law said town was not required to  apply  for
permission  of  the state comptroller to establish said extension as the
typical cost of the typical property did not exceed the threshold there-
for.
  (c) It is further found and determined that: (i) the town board of the
town of Vienna, Oneida county, has thereafter taken steps  to  establish
said  water district extension in said town pursuant to article twelve-A
of the town law known as extension number one to the  hamlet  of  Vienna
water  district  at  a  revised  maximum estimated cost of seven hundred
thirty thousand dollars, an increase of sixty-five thousand dollars over
that previously authorized; (ii) pursuant to section two hundred  nine-h
of  the  town  law,  by order dated July fifth, two thousand seven, said
town board called a public hearing for the establishment of said  exten-
sion  at  the  revised  maximum estimated cost thereof to be held on the
twenty-fifth of July, two thousand seven,  on  which  date  said  public
hearing  was  duly held after due and proper legal notice thereof; (iii)
pursuant to section two hundred nine-h of the town  law,  by  resolution
dated  September  twenty-sixth,  two  thousand seven, adopted subject to
permissive referendum, said town board determined that  it  was  in  the
public  interest to establish said extension number one to the hamlet of
Vienna water district and to make  the  improvements  therefor  at  said
revised  maximum estimated cost; (iv) a notice of adoption of the afore-
said resolution subject to permissive referendum  was  duly  posted  and
published in the manner prescribed by such section within ten days after
the adoption thereof; (v) no petition for referendum was filed as to the
establishment  of said extension at said revised maximum estimated cost;
(vi) the town board thereafter did adopt a bond resolution  on  November
seventh,  two  thousand  seven,  authorizing  the issuance of additional
obligations in the amount of sixty-five  thousand  dollars  to  pay  the
additional portion of the cost of the improvements for the establishment
of  said  extension; (vii) on the tenth of November, two thousand seven,
the legal notice of estoppel of said bond resolution  was  published  in
the  official newspaper of the town in accordance with the provisions of
the title six of the local finance law; and (viii) no  action,  suit  or
proceeding  contesting  the  validity of obligations to be issued there-
under was filed within the twenty day period provided therein.
  (d) It is further found and determined that pursuant  to  section  two
hundred  nine-f  of the town law said town was not required to apply for
permission of the state comptroller to establish said extension  at  the
revised  maximum estimated cost as the typical cost of the typical prop-
erty did not exceed the threshold therefor.
  (e) It is further found and determined that in order to pay  the  cost
of  the  improvements in such extension, which is an assessable improve-
ment, said town issued a bond anticipation note dated October first, two
thousand seven, in the principal amount of six hundred sixty-five  thou-
sand dollars and maturing October first, two thousand eight, pursuant to
the  bond  resolution  dated  the  seventeenth  of January, two thousand
seven. Upon the maturity thereof, such note was paid in  full  with  the
proceeds  of  a  statutory installment bond issued to the New York state
environmental facilities corporation, in the amount of seven hundred one
thousand, seven hundred eighty-two  dollars  which  included  thirty-six
thousand  seven  hundred  eighty-two  dollars in additional borrowing in
addition to the amount needed to refinance said bond anticipation  note,

S. 6310                             3

said   bond   entitled  "E.F.C.  Drinking  Water  Statutory  Installment
Bond-2008" dated the twenty-sixth of June, two  thousand  eight,  issued
pursuant  to  the  bond resolutions dated and duly adopted on the seven-
teenth  of  January,  two thousand seven, and the tenth of November, two
thousand seven, as to which legal notices of estoppel  as  described  in
section  eighty-one of the local finance law had been duly published and
as to which the twenty day period limitation described in section eight-
y-two of the local finance law had elapsed without any action,  suit  or
proceeding  contesting  the  validity of obligations to be issued there-
under.
  S 2. All actions heretofore taken and  proceedings  had  by  the  town
board  of  the  town  of  Vienna,  Oneida county, in connection with the
establishment of said extension number one to the hamlet of Vienna water
district and the obligations thereof described in section  one  of  this
act  are  hereby legalized, validated and confirmed, notwithstanding any
failures, defects, irregularities, or omissions with respect thereto  or
any  other failures, defects, irregularities or omissions in any acts or
proceedings of said town board taken with respect thereto.
  S 3. The expenses of the said water district shall be  levied  on  the
real property located therein on an ad valorem basis.
  S 4. This act shall take effect immediately.