NOTICE PURSUANT TO LOCAL FINANCE LAW SECTION 36.00 NOTICE lS
NOTICE
PURSUANT TO LOCAL FINANCE LAW SECTION 36.00
NOTICE lS HEREBY GIVEN THAT the Board of Trustees of the
Village of
Portville, New York (hereinafter referred to as the "Village"), by the favorable vote of not
less than two-thirds of all of the members of such Board has, on November 17,2025, adopted, pursuant to the Local Finance Law of the State of New York, a supplemental bond
resolution (the "Supplemental Bond Resolution") stating that:
WHEREAS, pursuant to a bond resolution dated
January 19,2021 (the "Original
Bond Resolution") the Board of Trustees of the Village of Portville, New York
(hereinafter referred to as the "Village") approved expenditures for, and the issuance
and sale of, up to $5,500,000 aggregate principal amount of general obligation bonds
and bond anticipation notes relative to the construction of water improvements; and
WHEREAS, the Village has duly authorized an additional increase and
improvement of facilities, and the actual project costs, including such
additional
improvements, have proved to be approximately $1,500,000 higher than the maximum
estimated project costs and the Village desires to provide for the financing thereof by
supplementing the Original Bond Resolution by the adoption of this Supplemental Bond
Resolution; and
WHEREAS, the Village, acting as lead agency under the State
Environmental
Quality Review Act and the applicable regulations promulgated thereunder ("SEQRA"),
has completed its environmental review and, on December 21,2020, has duly adopted
a negative declaration with respect to the type I action and has
determined that the
implementation of the action as proposed will not
result in any significant adverse
environmental impacts; now therefor, be it
RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF
PORTVILLE, NEW YORK, by the favorable vote of not less than two-thirds of all of the
members of such Board, as follows:
1. the Village shall continue to undertake the acquisition and construction of
water improvements, consisting of construction of water system
improvements, to
include, without limitation, the replacement of existing water main, improvements to the
water storage tanks,
improvements to the groundwater treatment wells and buildings,
the installation of controls and emergency power, water
meter replacement, the reinstatement of one groundwater well, and the acquisition of original furnishings,
equipment, machinery or apparatus, or the replacement of such equipment, machinery
or apparatus, and other incidental improvements that may be required in connection
therewith for such construction and Village use as set forth in the Original Bond
Resolution (hereinafter referred to as "purpose"), in an additional amount not to exceed
$1,500,000, and additional general obligation serial bonds in an aggregate principal
amount not to exceed $250,000 and bond anticipation notes in anticipation thereof (and
renewals thereof) of the Village are authorized to be issued to finance such additional
costs of said purpose and said additional amount is appropriated therefor; and
2. the maximum aggregate cost of said purpose, including preliminary costs
and costs incidental thereto and costs of the financing thereof is now estimated to be
$7,000,000 for said purpose and the plan for financing of said purpose is to provide up
to $5,500,000 of such maximum cost by the issuance of serial bonds and bond
anticipation notes as authorized under the Original Bond Resolution and to provide up
to $250,000 of such maximum cost by the issuance of bonds or bond anticipation notes
as authorized under the Supplemental Bond
Resolution, and to provide the
balance of
$1,250,000 from a State and Tribal
Assistance (STAG) Grant; and
3. (a) said purpose is one of the class of objects or purposes described in
Subdivision 1 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the
period of probable usefulness of said purpose is forty (a0) years, (b) the proposed
maximum maturity of said bonds authorized by the resolution will be in excess of five
years, (c) current funds required to be provided prior to the issuance of the bonds or
notes authorized, pursuant to Section 107.00 of the Local Finance Law, to the extent
applicable, if any, will be provided, (d) the notes authorized are issued in anticipation of
bonds for an assessable improvement, and (e) there are presently no outstanding bond
anticipation notes issued in anticipation of the sale of said bonds; and
4. the bonds and notes authorized by the resolution shall contain the recital
of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and
notes shall be general obligations of the Village and all the taxable real property in the
Village is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount, subject to applicable statutory
limitations, if any; and
5. the Village reasonably expects to reimburse the general fund, or such
other fund as may be utilized, from the proceeds of the
obligations
authorized for
expenditures, if any, from such fund that may be made for the purpose prior to the date
of the issuance of such obligations, and such is a declaration of official intent under
Treasury Regulation $1.150-2; and
6. the power to further authorize the issuance of said bonds and bond
anticipation notes and to prescribe the terms, form and contents of said bonds and bond
anticipation notes, including, without limitation, the power to contract and issue
indebtedness pursuant to $169.00 of the Local Finance Law, the
consolidation with
other issues, the determination to
issue bonds with substantially level or declining
annual debt service, all contracts for and determinations with respect to, credit and liquidity
enhancements, if any, and to sell and deliver said bonds and bond
anticipation
notes subject to the provisions of the resolution and the provisions of the Local Finance
Law, is delegated to the Village Treasurer, the Village's chief fiscal officer, the Village
Treasurer and the Village Clerk are authorized to sign by manual or facsimile signature
any bonds and bond anticipation notes issued pursuant to the resolution, and are
authorized to affix to such bonds and bond anticipation notes the corporate seal of the
Village of Portville and to attest the same; and
7. the faith and credit of the Village of Portville, New York, are
irrevocably
pledged for the payment of the principal of and interest on such bonds and bond
anticipation notes 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 obligations
becoming due and payable in such year; and
8. after compliance with the next paragraph hereof, the supplemental bond
resolution, or a summary thereof, shall be published in full by the Village Clerk of the
Village of Portville together with a notice in substantially the form prescribed by Section
81.00 of said Local Finance Law, and such publication shall be in each
official
newspaper of the Village, in the manner prescribed by law, and the
validity of said
bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds
may be contested only if such obligations are authorized for an object or purpose for
which said Village is not authorized to expend money, or the provisions of law which
should be complied with, at the date of publication of the resolution are 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 if said
obligations are
authorized in violation of the provisions of the
Constitution.
9. Such Supplemental Bond Resolution is subject to a permissive
referendum of the qualified electors of the Village of Portville, pursuant to Section 36.00
of the Local Finance Law and petitions protesting and requesting that it be submitted to
the electors of the Village of Portville for their approval or disapproval, may be filed with
the Village Clerk at any time within thirty (30) days after the date of the adoption of such
resolution.
By order of the Board of Trustees of the Village of Portville, New York.
DATED: November17,2025
illage Clerk
Village of Portville, New York


