WHEREAS, this County Legislature, by Resolution 441 of 2010, adopted a budget for the fiscal year 2011, and

Transcription

1 Sponsored by: Finance Committee Seconded by: RESOLUTION LEVYING COUNTY TAXES WHEREAS, this County Legislature, by Resolution 441 of 2010, adopted a budget for the fiscal year 2011, and WHEREAS, this County Legislature, by Resolution 442 of 2010, made appropriations for the conduct of the Broome County Government for the fiscal year 2011, now, therefore, be it RESOLVED, to meet the amount of said appropriations, this County Legislature levies the following taxes pursuant to the provisions of Sec. 360 of the County Law and Sec. 900 of the Real Property Tax Law and of the Broome County Charter, upon the valuation as equalized by it as hereinafter specified, to wit: Upon all taxable property in the County, the sum of $67,918,995.

2 Sponsored by: Finance Committee Seconded by: RESOLUTION LEVYING TAX, PURSUANT TO SECTION 902 OF THE REAL PROPERTY TAX LAW AND OF THE BROOME COUNTY CHARTER, ON THE CITY OF BINGHAMTON FOR 2011 RESOLVED, that there be levied against the real property of the City of Binghamton in the amount hereinafter set forth and that the proper persons be and they are hereby authorized to execute and affix the proper Warrant to Tax Rolls thereof: County tax $10,816,874, and be it FURTHER RESOLVED, that the payment to the Director of Management and Budget of Broome County be made pursuant to the City's Charter, one-half on March 1, 2011, and one-half on September 1, 2011.

3 Sponsored by: Finance Committee Seconded by: RESOLUTION CERTIFYING COUNTY TAXES DUE FROM EACH MUNICIPALITY IN BROOME COUNTY WHEREAS, the budget for fiscal year commencing January 1, 2011 in which the County taxes are to be levied is $67,918,995, and WHEREAS, the County Legislature must certify to each municipality the contribution of such municipality to the taxes of the County based upon the full valuation of taxable real property in such municipality in accordance with the provisions of Article 8 of the Real Property Tax Law, and WHEREAS, Chapter 828 of the Laws of 1985 requires that the municipalities levy the exact amount certified to be due and direct the extension of such amount against each parcel of taxable real property, now, therefore, be it RESOLVED, that on or before December 31, 2010, the Chairman of the Broome County Legislature is hereby directed to issue a certificate to the chief fiscal officer of each municipality certifying the contribution of each municipality to the taxes of the County for the fiscal year commencing January 1, 2011, based upon a total tax levy of $67,918,995 as follows: Municipality Tax Contribution Rate per $1,000 City of Binghamton $ 10,816,874 $ Town of Barker 861, Town of Binghamton 2,280, Town of Chenango 4,694, Town of Colesville 1,637, Town of Conklin 1,731, Town of Dickinson 1,527, Town of Fenton 1,944, Town of Kirkwood 2,350, Town of Lisle 788, Town of Maine 1,821, Town of Nanticoke 465, Town of Sanford 1,594, Town of Triangle 828, Town of Union 19,857, Town of Vestal 12,587, Town of Windsor 2,131, TOTAL: $67,918,995 and be it FURTHER RESOLVED, that the certificate shall be delivered to the chief fiscal officer of each municipality in person, and be it

4 FURTHER RESOLVED, that the certificate shall contain the rate per $1,000 of assessed value as determined from the latest final assessment roll, and be it FURTHER RESOLVED, that in the event that a municipality shall fail to make the levy required by law and return same to the Clerk of the Broome County Legislature on or before December 31, 2010 the County Attorney is directed to institute an Article 78 proceeding against any such municipality to compel the levy and assessment of County taxes by such municipality.

5 Sponsored by: Finance Committee Seconded by: RESOLUTION LEVYING RETURNED SCHOOL AND VILLAGE TAXES FOR 2010 RESOLVED, that the Certificate of Returned School Taxes as reported by the Acting Commissioner of Finance, as set forth in Exhibit "A" attached hereto, be received in the amount of such unpaid taxes with seven percent of the amount of principal and interest in addition thereto, be levied upon the real property on which the same were imposed, and when collected by the same be returned to the Commissioner of Finance to reimburse unpaid school taxes to the respective school districts, together with the expense of collection, and be it FURTHER RESOLVED, that the Certificate of Returned Village Taxes, as reported by the Acting Commissioner of Finance, as set forth in Exhibit "B" attached hereto, be received in the amount of such unpaid taxes with seven percent of the amount of principal and interest in addition thereto, be levied upon the real property on which the same were imposed, and when collected, the same be returned to the Commissioner of Finance to reimburse the County for the amount advanced to pay the amount of returned unpaid village taxes to the respective villages, together with the expense of collection.

6 EXHIBIT A 2010 RETURNED SCHOOL TAXES BY SCHOOL DISTRICT-TOTAL RELEVY TOTAL UNPAID 7% COUNTY TOTAL SCHOOL DISTRICT TAX ON ROLL PENALTY RELEVIED TAX AFTON $131, $9, $140, BAINBRIDGE-GUILFORD 2, , BINGHAMTON (DICKINSON) 15, , , CHENANGO FORKS 414, , , CHENANGO VALLEY 707, , , CINCINNATUS DEPOSIT 243, , , GREENE HARPURSVILLE 268, , , JOHNSON CITY 985, , ,054, MAINE-ENDWELL 754, , , MARATHON 26, , , NEWARK VALLEY SUSQUEHANNA VALLEY 1,112, , ,189, UNION-ENDICOTT 1,319, , ,411, VESTAL 1,326, , ,419, WHITNEY POINT 577, , , WINDSOR 770, , , BINGHAMTON (TOWN) 17, , , GRAND TOTALS $8,675, $607, $9,282,939.73

7 EXHIBIT B 2010 RETURNED VILLAGE TAXES-NOVEMBER 2010-TOTAL RELEVY 7 % Total Total Unpaid County Relevied TOWN VILLAGE Tax on Roll Penalty Tax DICKINSON Port Dickinson $10, $ $10, LISLE Lisle 3, , SANFORD Deposit 20, , , TRIANGLE Whitney Point 31, , , UNION Endicott 379, , , Johnson City 611, , , TOTAL UNION 961, , ,060, WINDSOR Windsor 21, , , GRAND TOTALS $1,077, $75, $1,153,447.41

8 Sponsored by: Finance Committee Seconded by: RESOLUTION OF THE COUNTY LEGISLATURE LEVYING TAXES AND ASSESSMENTS FOR THE PURPOSE OF ANNUAL BUDGET OF TOWNS OF BROOME COUNTY WHEREAS, there has been presented to this County Legislature a duly certified copy of the annual budget of each of the several towns of the County of Broome for the fiscal year beginning January 1, 2011, now, therefore, be it RESOLVED, that there shall be and hereby is assessed and levied upon and collected from the taxable real property situated in the following named towns, the amount indicated below for the general fund purposes and highway purposes, as specified in the respective annual budgets for the respective towns and amounts from the towns and cities account of the Commissioner of Finance, as follows: General General Highway General Inside Outside Highway Outside Town Townwide Village Village Townwide Village Barker , Binghamton 324, , Chenango 105, , Colesville , Conklin 330, , Dickinson 206, , Fenton , Kirkwood 365, , Lisle 162, , Maine 122, , Nanticoke , Sanford 353, , , , Triangle 211, , Union 2,614, , ,444, Vestal 5,063, ,098, Windsor 439, , , and be it FURTHER RESOLVED, that there shall be and hereby is assessed and levied upon and collected from real property liable therefore with the respective districts in the following towns, as indicated below, the following amounts for the purposes of such districts, as specified in the respective annual budgets: TOWN OF BARKER AB201 Ambulance 33, FP 201 Fire PR 1 32, FP 202 Fire PR 2 32, FP 203 Fire PR 3 33, FP 204 Fire PR 4 35, TOWN OF BINGHAMTON DR 221 Drain 1 $ FP221 Fire Prot 1 178, LT221 Light LT222 Light 2 1,999.98

9 TOWN OF BINGHAMTON - continued LT223 Light 3 4, LT225 Light LT226 Light LT227 Light PT506 Water 6 Bond 43, SB221 Sewer Con Bond 32, SM228 Consolidated Sewer 107, WB220 Water Bond 14, US221 Return Sewer 40, WB221 Cons. Water Bond 18, WD225 Consolidated Water 165, LM221 Lawnmowing 7, UW221 Returned Water 30, TOWN OF CHENANGO CM241 Chenango Compost 51, CM242 Chenango Compost Bd 4, FP241 Fire No , FP242 Fire No , FP243 Fire No. 3 8, FP244 Fire No , LM280 Lawnmowing LT241 Light 1 81, SD240 Sewer 10 22, SD242 Sewer 2 123, SD243 Sewer SD244 Sewer 4 2, SD247 Sewer 7 289, SD248 Sewer 8 294, SD249 Sewer 9 2, SD271 Chenango Sewer 35, SD250 Sewer 5 4, SW241 Chen Sidewalk 6, US241 Return Sewer 47, UW257 Return Water 32, WD241 Water 1 17, WD243 Water 3 4, WD244 Water 4 6, WD247 Water 7 3, WD249 Water WD250 Water 8 6, WD410 Water WD415 Water 15 2, WD417 Water 12 6, WD418 Water 14 6, WD419 Water 18 1, WD420 Water 19 2, WD421 Water 20 3, WD422 Water 21 2, WD423 Water 22 3, WD424 Water 24 2, WD425 Water 23 3, WD426 Water WD427 Water WD428 Water 28 6, WD430 Water 25 34, WD429 Water 29 19, WD431 Water 30 6, WD432 Water 31 5, WR241 Water 11 Frt Ft 1,291.94

10 TOWN OF COLESVILLE FD261 Fire No. 1 80, FD262 Fire No. 2 16, FD263 Fire No , LT261 Light 1 12, LT262 Light 2 5, LT263 Light 3 4, BD261 Building Demolition 9, TOWN OF CONKLIN FP281 Fire Prot , LT281 Light 1 2, LT282 Light 2 1, LT283 Light 3 2, LT284 Light 4 11, LT285 Light 5 1, LT286 Light 6 1, LT287 Light LT288 Light 8 4, LT289 Light 9 1, LT210 Light 10 1, LT211 Light 11 1, SB282 Sewer 1 Ext. 2 4, SD283 Sewer 1 Ext. 3 23, SD284 Sewer 1 Ext. 4 9, SD285 Sewer 1 Ext. 5 16, US280 Return Sewer 8, BD281 Building Demolition 12, LM280 Lawn mowing WT282 Water 13, UW280 Return Water 17, TOWN OF DICKINSON FP301 Fire No. 1 65, FP302 Fire No. 2 46, FP303 Fire No. 3 29, GB301 Garbage 1 99, LT301 Light 1 17, LT305 Light 5 5, LT306 Light 6 4, LT307 Light 7 20, LT308 Light 8 16, LT309 Light US301 Return Sewer 88, UW301 Return Water 58, WD307 Water 7 9, GR301 Return Garbage TOWN OF FENTON FD321 Fire No. 1 $250, FD322 Fire No , LT321 Light 1 13, LT322 Light 2 25, SE323 Porter Hollow Sewer 6, US 321 Return Sewer 5, UW321 Return Water 12, SW321 Sidewalk Project 1, PM321 Property Maintenance 1,147.70

11 TOWN OF KIRKWOOD FP341 Fire No , LT341 Light 1 6, LT342 Light 2 6, LT343 Light 3 1, SE341 Sewer 1 135, SE342 Sewer 2 4, SE343 Sewer 3 (Prim) 2, SE343 Sewer 3 (Sec) 11, SE344 Sewer 4 (Prim) 4, SE344 Sewer 4 (Sec) 60, SE346 Sewer 6(Prim) 1, SE346 Sewer 6 (Sec) 3, SE345 Sewer 5 10, ST341 Sewer 1, Ext. 1 14, ST342 Sewer 1, Ext. 2 (Prim) 3, ST342 Sewer 1, Ext 2 (Sec) 14, ST343 Sewer 1, Ext. 3 (Prim) 1, ST343 Sewer 1, Ext 3 (Sec) 7, ST344 Sewer 1, Ext.4 (Prim) 6, ST344 Sewer 1, Ext 4 (Sec) 1, US343 Return Sewer 122, UW343 Return Water 22, WD341 Water 1 (Prim) 66, WD341 Water 1 Ext 3 4, WD346 Water TOWN OF LISLE FP361 Fire No. 1 22, FP362 Fire No. 1 Protection 146, SF3 Killawog Ambulance 6, FP364 Fire No. 2 3, LT362 Light 2 1, AB261 Lisle Ambulance 27, W361 Return Water 10, TOWN OF MAINE FP381 Fire No , PF382 Fire No. 2 20, FP383 Fire No. 3 18, FP384 Fire No. 4 8, FP385 Fire No. 5 10, FP386 Fire No. 6 25, FP387 Fire No , LT381 Light 1 7, LT382 Light 2 5, LT383 Light 3 1, TOWN OF NANTICOKE FP401 Fire No. 1 58, FP402 Fire No. 2 51, TOWN OF SANFORD FP421 Fire No. 1 75, FP422 Fire No. 2 7, SD423 Oquaga Lake Sewer 67, RS422 Return Sewer 4, TOWN OF TRIANGLE FP441 Fire No. 1 95, AB441 Ambulance 36, UW441 Returned Water 5,289.42

12 TOWN OF UNION FP461 Fire No , FP463 Fire No , FP464 Fire No , FP465 Fire No , FP467 Fire No , FP468 Fire No , FP469 Fire No , CG462 Curbs and Gutter 2, PK461 Parks 1,160, LB462 Union Library 1,466, RS462 Returned Sewer 46, PM461 Property Maintenance 9, UV461 Union Ambulance District 224, CE261 Code Enforcement 3, RW462 Return Water 33, TOWN OF VESTAL DR482 Drain 1 Maint. 5, DR484 Drain 2 Maint. 1, DR486 Drain 3 Maint. 9, DR487 Drain 4 Maint DR488 Drain 5 Maint DR510 Drain 6 Maint DR511 Drain 7 Maint DR512 Drain 8 Maint DR513 Drain 9 Maint DR514 Drain 10 Maint DR515 Drain 11 Maint DR516 Drain 13 Maint DR517 Drain 14 Maint DR518 Drain 15 Maint DR519 Drain 16 Maint DR520 Drain 17 Maint. 6, DR522 Drain 18 Maint. 72, FP481 Fire Protection 1,058, FP482 Fire Split Zone 80, LT481 Light District 256, RS481 Return Sewer 18, RW481 Return Water 14, SB487 Cons. Sewer Bond 42, LM481 Lawn mowing SB488 Sewer Ext. 47 2, SW489 Sewer Ext ST490 Sewer 1, Ext.49 Bond 2, ST509 Sewer 1, Ext. 2 5, SW481 Sewer 1, Maint. 439, WB101 Water 1, Bond 1 17, WB481 Cons. Water Bond 319, WB701 Water 7, Bond 1 2, WT605 Water 7, Ext. 3 Bond 1, H1103 Charles Street Curbs 3, TOWN OF WINDSOR FP501 Fire 1 15, FP502 Fire 2 95, FP503 Fire 3 108, FP504 Fire 4 7, RS501 Returned Sewer 33, and be it

13 FURTHER RESOLVED, that the amounts to be raised by taxes and assessments when collected shall be paid to the Supervisors of several Towns in the amounts as shown by this resolution for distribution in the manner provided by law and that the Clerk of the County Legislature is hereby authorized to make changes in the above resolution if requested by the Town Supervisor, and be it FURTHER RESOLVED, that this Resolution shall become effective immediately

14 Sponsored by: Finance Committee Seconded by: RESOLUTION APPROVING THE COMPLETED TAX ROLLS OF THE SEVERAL TOWNS AND CITY AND DIRECTING THE EXECUTION AND DELIVERY OF WARRANTS FOR THE COLLECTION OF TAXES EXTENDED THEREON PURSUANT TO SECTION 904 OF THE REAL PROPERTY TAX LAW WHEREAS, upon the Tax Rolls of the several Towns and City, the several taxes have been, by the Supervisors and appropriate officials thereof, duly extended as provided by law and by the several resolutions of the County Legislature, and the same completed Tax Rolls have been laid down before this County Legislature for its approval, now, therefore, be it RESOLVED, that the said Tax Rolls be approved as so completed and the tax is so extended upon the Tax Rolls and the several amounts extended against each parcel of property upon the said Rolls and hereby determined to be the taxes due thereon, as set forth herein, and be it FURTHER RESOLVED, that there be annexed to each of said Rolls a Tax Warrant in the form prepared by the Clerk and heretofore laid before this County Legislature for its approval, as provided by Section 904 of the Real Property Tax Law; that such warrants be signed by the County Executive and the Clerk of the Legislature; and that said Rolls with said Warrants annexed therefore be forthwith delivered to the respective Collectors of the several tax districts in the County, and be it FURTHER RESOLVED, that upon the effective date of this Resolution or any thereafter, on or before January 1, 2011, be and hereby is designated as the date upon which the County Executive and the Clerk of this County Legislature are authorized to sign the Warrants and attach the seal of this County Legislature to the Tax Rolls of the several towns.

15 Sponsored by: Finance Committee Seconded by RESOLUTION ESTABLISHING EQUALIZATION RATE FOR THE 2011 COUNTY TAX LEVY RESOLVED, that pursuant to Article III, Section 302 D of the Broome County Charter, the percentages hereinafter indicated after the names of the Towns and the City of Binghamton be and the same hereby are adopted as the ratio percentages which the assessed value of real property of each municipality bears to its full value: Municipality Equalization Rate City of Binghamton Town of Barker Town of Binghamton Town of Chenango Town of Colesville 7.90 Town of Conklin Town of Dickinson Town of Fenton Town of Kirkwood Town of Lisle Town of Maine Town of Nanticoke Town of Sanford Town of Triangle Town of Union 4.43 Town of Vestal Town of Windsor 66.50

16 Sponsored by: Finance Committee Seconded by: RESOLUTION AUTHORIZING TRANSFER OF FUNDS TO BALANCE 2010 ACCOUNTS WHEREAS, the Acting Commissioner of Finance, the Director of Budget & Research and the Comptroller request authorization to transfer funds to balance 2010 accounts, and WHEREAS, said transfers will fund salary accounts or other necessary accounts with monies available as of December 31, 2010, and WHEREAS, effective January 1, 2011, the Director of the Office of Management and Budget and his or her deputies will be responsible for the duties covered by this Resolution, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes the Director of the Office of Management and Budget or his or her designee to transfer funds from available moneys to balance the 2010 accounts, and be it FURTHER RESOLVED, that the Director of the Office of Management and Budget shall report any transfers made on or before March 31, 2011 to the Finance Committee of the County Legislature, and the County Comptroller, and be it FURTHER RESOLVED, that the Director of the Office of Management and Budget is hereby authorized to make short term non-interest bearing inter-fund loans between operating funds to provide cash to make year end payments.

17 Sponsored by: Finance Committee Seconded by: REFUNDING BOND RESOLUTION DATED DECEMBER 28, 2010 A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE COUNTY OF BROOME, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS", AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY WHEREAS, Broome County, New York (hereinafter, the "County ) heretofore issued $28,875,000 Public Improvement (Serial) Bonds, 1997, pursuant to a bond determination certificate dated April 1, 1997 (the "1997 Bond Certificate"), to finance the cost of various improvements in and for said County as further described in the 1997 Bond Certificate, such Public Improvement (Serial) Bonds, 1997, being dated April 15, 1997 with remaining maturities on April 15 in the years 2011 through 2016, both inclusive (the "1997 Refunded Bonds"); and WHEREAS, the County also heretofore issued $32,095,000 Public Improvement (Serial) Bonds, 2002 pursuant to a bond determination certificate dated March 13, 2002 (the "2002 Bond Certificate") to finance the cost of various improvements in and for said County as further described in the 2002 Bond Certificate, such Public Improvement (Serial) Bonds, 2002, being dated March 1, 2002 with remaining maturities on March 1 in each of the years 2011 through 2019, both inclusive (the "2002 Refunded Bonds" and together with the 1997 Refunded Bonds, the "Refunded Bonds"); and WHEREAS, a portion of the Refunded Bonds have been defeased with the proceeds of the sale of the County s interest in the Master Settlement Agreement with various tobacco companies; and WHEREAS, it would be in the public interest to refund all or a portion of the remaining outstanding principal balance of the Refunded Bonds by the issuance of refunding bonds pursuant to Section of the Local Finance Law; and WHEREAS, such refunding will only be undertaken if it results in present value savings in debt service as required by Section of the Local Finance Law, now, therefore be it RESOLVED, by the County Legislature of Broome County, New York, as follows: Section 1. For the object or purpose of refunding the outstanding principal balance of the Refunded Bonds as more fully set forth in the Refunding Financial Plan (hereinafter defined), including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of such Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on such Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, costs and expenses of executing and performing the

18 terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on such Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $19,000,000 refunding serial bonds of the County pursuant to the provisions of Section of the Local Finance Law (the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $17,965,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND" together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-11 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Chief Fiscal Officer pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section of the Local Finance Law pursuant to subdivision 2 of paragraph f of Section of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to approval by the State Comptroller. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Chief Fiscal Officer shall prescribe, which terms shall be in compliance with the requirements of Section (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the County by lot in any customary manner of selection as determined by the Chief Fiscal Officer. Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No , as the same may be amended from time to time. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non-certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the Book-Entry-Only system or the County shall terminate its participation in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non-certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to DTC, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book-Entry-Only

19 System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Chief Fiscal Officer as Fiscal Agent as hereinafter provided). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the County maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Chief Fiscal Officer providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Chief Fiscal Officer as fiscal agent of the County for the Refunding Bonds (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Chief Fiscal Officer, as chief fiscal officer of the County, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said County, to perform the services described in Section of the Local Finance Law, and to execute such agreement or agreements on behalf of the County, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form. The Chief Fiscal Officer is hereby further delegated all powers of this County Legislature with respect to agreements for credit enhancement, derived from and pursuant to Section of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the Chief Fiscal Officer, and its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section of the Local Finance Law and the recital of validity clause provided for in Section of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section of the Local Finance Law, as the Chief Fiscal Officer shall determine. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent.

20 Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each object or purpose for which such Refunded Bonds were issued is as specified the Bond Certificates which are incorporated herein by reference; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the respective period of probable usefulness of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section of the Local Finance Law; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section of the Local Finance Law, with regard to the Refunded Bonds is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit A attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on Exhibit A attached hereto and made a part of this resolution. This County Legislature recognizes that the Refunding Bonds may be issued in one or more series, and for only portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit A. The Chief Fiscal Officer is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Chief Fiscal Officer; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section of the Local Finance Law. The Chief Fiscal Officer shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Clerk of the County Legislature not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Chief Fiscal Officer is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Chief Fiscal Officer shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section of the Local Finance Law.

21 Section 6. The faith and credit of said Broome County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same 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 be annually levied on all the taxable real property in said County a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the County to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section and of paragraph h of Section of the Local Finance Law, in the event such bonds are refunded, the County hereby elects to call in and redeem each Refunded Bond which the Chief Fiscal Officer shall determine to be refunded at the earliest call date available. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, as provided in the Refunded Bond Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Refunded Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section of the Local Finance Law, or any successor law thereto. Section 10. The Chief Fiscal Officer and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby.

22 Section 11. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Chief Fiscal Officer and all powers in connection thereof are hereby delegated to the Chief Fiscal Officer. Section 12. The validity of the Refunding Bonds 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 13. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said County, together with a notice of the Clerk of the Legislature in substantially the form provided in Section of the Local Finance Law.

23 Dated:, STATE OF NEW YORK ) ) ss.: COUNTY OF BROOME ) I, the undersigned, Clerk of the Legislature of the County of Broome, DO HEREBY CERTIFY that the above is an original resolution of such Legislature duly adopted on the day of December, 2010, by two-thirds of the voting strength of the members elected to the Legislature of said County at a regular meeting of said Legislature. I FURTHER CERTIFY that at the time said resolution was adopted said Legislature was comprised of nineteen members. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Legislature this day of December, Date sent to County Executive: Clerk, County Legislature Approved: County of Broome Date: December, 2010

24 STATE OF NEW YORK ) ) ss.: COUNTY OF BROOME ) I, the undersigned Clerk of the County Legislature of Broome County, New York (the "Issuer"), DO HEREBY CERTIFY: 1) That a meeting of the Issuer was duly called, held and conducted on the day of December, ) That such meeting was a special regular (circle one) meeting. 3) That attached hereto is a proceeding of the Issuer which was duly adopted at such meeting by the County Legislature of the Issuer. 4) That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said County Legislature. 5) That all members of the County Legislature of the Issuer had due notice of said meeting. 6) That said meeting was open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7) That notice of said meeting (the meeting at which the proceeding was adopted) was given PRIOR THERETO in the following manner: PUBLICATION (here insert newspaper(s) and date(s) of publication) POSTING (here insert place(s) and date(s) of posting) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this day of December, Clerk, County Legislature (CORPORATE SEAL)

25 EXHIBIT A PRELIMINARY REFUNDING FINANCIAL PLAN COUNTY OF BROOME, NEW YORK

26 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the resolution, a summary of which is published herewith, has been adopted by the County Legislature of Broome County, New York, on December, 2010, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which said Town is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. Dated: Binghamton, New York, 2010 Clerk, County Legislature

27 SUMMARY OF REFUNDING BOND RESOLUTION DATED DECEMBER, A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE COUNTY OF BROOME, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BONDS", AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY. WHEREAS, Broome County, New York (hereinafter, the "County ) heretofore issued $28,875,000 Public Improvement (Serial) Bonds, 1997 and $32,095,000 Public Improvement (Serial) Bonds, 2002 (collectively, the "Refunded Bonds"); and WHEREAS, it would be in the public interest to refund all or a portion of the outstanding principal balance of the Refunded Bonds by the issuance of refunding bonds pursuant to Section of the Local Finance Law; and WHEREAS, such refunding will only be undertaken if it results in present value savings in debt service as required by Section of the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED, by the County Legislature of Broome County, New York, as follows: Section 1. For the object or purpose of refunding all or a portion of the outstanding principal balance of the Refunded Bonds as more fully set forth in the Refunding Financial Plan (hereinafter defined), including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of such Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on such Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on such Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $19,000,000 refunding serial bonds of the County pursuant to the provisions of Section of the Local Finance Law (the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $17,965,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Chief Fiscal Officer shall prescribe, which terms shall be in compliance with the requirements of Section (b) of the Local Finance Law. The Chief Fiscal Officer is hereby further delegated all powers of this County Legislature with respect to agreements for credit enhancement, derived from and pursuant to Section of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each object or purpose for which such Refunded Bonds were issued is as specified the Bond Certificates which are incorporated herein by reference; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the respective period of probable usefulness of the objects or purposes for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section of the Local Finance Law;

28 (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section of the Local Finance Law, with regard to the Refunded Bonds is $677, Section 4. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit A of the complete resolution which is not published herewith. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on such Exhibit A. The Chief Fiscal Officer is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Chief Fiscal Officer; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section of the Local Finance Law. Section 5. The Chief Fiscal Officer is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Chief Fiscal Officer shall designate (collectively the "Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section of the Local Finance Law. Section 6. The faith and credit of said Broome County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same 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 be annually levied on all the taxable real property in said County a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section and of paragraph h of Section of the Local Finance Law, in the event such bonds are refunded, the County hereby elects to call in and redeem each Refunded Bond which the Chief Fiscal Officer shall determine to be refunded at the earliest call date available. Section 10. The Chief Fiscal Officer and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 11. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Chief Fiscal Officer and all powers in connection thereof are hereby delegated to the Chief Fiscal Officer. Section 12. The validity of the Refunding Bonds may be contested only if:

29 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 13. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said County, together with a notice of the Clerk of the Legislature in substantially the form provided in Section of the Local Finance Law. Dated: December, 2010.

30 Sponsored by: All Members Seconded by: RESOLUTION OF CONDOLENCE ON THE DEATH OF HENRY DAVID WEISSMANN WHEREAS, Henry David Weissmann was born in Mannheim, Germany and after surviving the Holocaust, moved to the United States with his parents at age four and later built a thriving dairy farm in Harpursville, New York, and WHEREAS, Mr. Weissmann served for twenty years on the Harpursville Central School Board of Education and also served on the Children s Home of the Wyoming Conference Board and the Metro Interfaith Housing Board, and WHEREAS, Mr. Weissmann was an active member of the Broome County community and served as the founding president of the Colesville Rotary Club, the past president and treasurer of the Broome Tioga Holstein Club, member of the Farm Bureau, member of the Afton Sertoma Club, and member and past treasurer of the Hillcrest Rotary, and WHEREAS, Mr. Weissmann served the people of Broome County in many capacities during his life, including Ninth District Broome County Legislator from , Manager of Risk and Insurance, Deputy County Clerk, Manager of the Department of Motor Vehicles and as the Commissioner of Public Works, and WHEREAS, Mr. Weissmann loved life and enjoyed it with family and friends, various sports, music and theatre, and traveling, and is fondly remembered by his colleagues for his legacy of public service and his dedication to the Broome County Community, and WHEREAS, Mr. Weissmann passed away on Thursday, December 16, 2010 and this County Legislature wishes to record its condolences in the official proceedings of this body, now therefore, be it RESOLVED, that this County Legislature hereby recognizes the loss of Henry David Weissmann and extends its sincere sympathy to his family, and be it FURTHER RESOLVED, that the Clerk of this County Legislature is requested to forward a copy of this Resolution to the family of the late Henry David Weissmann.

31