NOTICE OF ADOPTION OF RESOLUTION
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Endicott, Broome County New York, at a meeting held on September 15, 2025, duly adopted the resolution published herewith SUBJECT TO A PERMISSIVE REFERENDUM.
Dated: Endicott, New York,
September 15, 2025.
Anthony Bates Village Clerk
BOND RESOLUTION DATED SEPTEMBER 15, 2025.
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE ISSUANCE OF AN ADDITIONAL $9,500,000 BONDS OF THE VILLAGE OF ENDICOTT, BROOME COUNTY, NEWYORK, TO PAY THE COST OF WASTEWATER TREATMENT PLANT UPGRADES, IN AND FOR SAID VILLAGE.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and
WHEREAS, the Board of Trustees of the Village of Endicott, Broome County, New York (the "Village"), on June 3, 2024, duly adopted a bond resolution authorizing the issuance of up to $23,500,000 bonds of said Village to pay the cost of Wastewater Treatment Plant upgrades consisting of nutrient removal, in and for said Village of Endicott, Broome County, New York; and
WHEREAS, it has now been determined that the maximum estimated cost of such object or purpose is $33,000,000, an increase of $9,500,000 over that previously authorized; and
WHEREAS, it is now desired to authorize the issuance of an additional $9,500,000 bonds of said Village for such class of objects or purposes to pay the cost thereof; NOW, THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Board of Trustees of the Village of Endicott, Broome County, New York, as follows:
Section 1. For the object or purpose of paying additional costs of Wastewater Treatment Plant
upgrades consisting of nutrient removal, including incidental expenses in connection therewith, there are hereby authorized to be issued an additional $9,500,000 bonds of the Village of Endicott, Broome County, New York, pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such class of objects
or purposes is now determined to be $33,000,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and that the plan for the financing thereof is as follows:
a) By the issuance of the $23,500,000 bonds of said Village authorized to be issued pursuant
to bond resolution dated and duly adopted June 3, 2024; and
b) By the issuance of the additional $9,500,000 bonds of said Village authorized to be issued
pursuant to this bond resolution; provided, however, that the amount of bonds to be issued
shall be reduced to the extent of grants received in connection therewith.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law.
Section 4. The faith and credit of said Village of Endicott, Broome County, New York, are
hereby irrevocably pledged to the payment of the principal of and interest on such obligations 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. To the extent not paid from other sources, there shall annually be levied on all the taxable real property in said Village a tax sufficient to pay the principal of and interest on such obligations 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 serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, 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 Village Treasurer, the chief fiscal officer of such Village. 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 Village Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 7. The Village Treasurer is hereby further authorized, at her sole discretion, to
execute a project finance agreement, and any other agreements with the New York State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the class of objects or purposes described in Section 1 hereof and of the bond resolution dated June 3, 2024, or a portion thereof, by a bond, and/or note issue of said Village in the event of the sale of same to the New York State Environmental Facilities Corporation.
Section 8. 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 Village 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 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 - 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 10. Upon this resolution taking effect, a summary thereof shall be published in the
official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 11, This resolution is adopted subject to permissive referendum.
CERTIFICATION
I, Anthony J. Bates, do hereby certify that I am the Village Manager of the Village of Endicott and that the foregoing constitutes a true, correct and complete copy of a resolution duly adopted by the Village Board at a meeting thereof held at the Municipal Building, 1009 E Main Street, Endicott, New York on the 15th day of September, 2025. Said resolution was adopted by the following roll call vote:
Mayor Nicholas Burlingame Yes
Deputy Mayor Timothy Wright, Jr. Yes
Trustee Patrick Donner Yes
Trustee Anna Marion Yes
Trustee Machelle Spinelli Yes
Dated: September 15, 2025
Village Seal
Anthony J. Bates, Village Manager
September 22,2025 11682786