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Home My WebLink About10-0330NO. 7 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 30, 2010 POLICE & FIRE PENSION MARCH 18, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members SPECIAL COMMITTEES Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 30, 2010 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell, Smith -9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on March 16, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE March 30, 2010 FINAL MAYOR MAYOR - EXECUTIVE COMMUNITY SERVICES 1. Strat Plan- Report of Sale- 7 Armbruster(Fill) APP 2. Strat Plan- Report of Sale -553 Best(Ell) APP 3. Strat Plan- Report of Sale -795 Broadway(Fill) APP 4. Strat Plan- Report of Sale -276 Chelsea(Masten) CD 5. Strat Plan- Report of Sale- 42 Colorado(Masten) CD 6. Strat Plan- Report of Sale -526, 528 Genesee(Ell) APP 7. Strat Plan- Report of Sale -14 Kehr(Masten) CD 8. Strat Plan- Report of Sale -250 Monroe(Ell) APP 9. Strat Plan- Report of Sale -12 Rosedale(North) APP 10. Strat Plan- Report of Sale- 20,35,37,41 Vandalia(Fill) APP 11- 10A. Strat Plan -SEQR Lead Agency Designation, Langston Hughes Institute LDA Waiver R &F 12- 11.Strat Plan -SEQR Lead Agency Designation, Massachusetts Ave Housing Deve R &F 13- 11A Strat Plan -Appt Executive Director(Exempt)(Mehaffy) CS COMPTROLLER 14- 12. Certificate of Necessity - Police Dept R &F 15- 13. Certificate of Necessity - Public Works R &F 16- 13A Certificate of Necessity- Strategic Plannina R &F 17- 14. Appt Exec Assist to Compt for Comm & Intergovernmental Affairs(Perm)(Max)(McPherson) CS ASSESSMENT 18- 15. Appt Supervising Assessor(Prov)(4 Step)(Kozerski) CS PUBLIC WORKS 19- 16. Change in Contract 2009 Stump Removal City Wide APP 20- 17. Report of Bids Fire Headquarters A/C Installation (EIL) APP 21- 18. Report of Bids Police Headquarters Asbestos Abatement(Ell) APP 22- 19. Report of Bids Repair Route 5 (Skyway) Lightina APP 23- 20. Request for Increase in Contract(Lardon Construction)Waste Material FIN 24- 21. Appt Engineering Inspector(Perm)(Inter)(Borton) CS 25- 22. Appt Engineering Inspector (Temp)(Inter)(Pecoraro) CS 26- 23. Appt Engineering Inspector(Perm)(3 Step) (R.Schmarder) CS 27- 24. Appt Laborer II(Perm)(3 Step) (Schroeder) CS 28- 25. Appt Senior Engineer(Perm)(Inter)(E. Schmarder) CS 29- 26. Appt Senior Eng i neer(Prov) (Max) (Hoffert) CS POLICE 30- 27. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 31- 28. Food Store(New) 1146 Hertel(Del) APP 32- 29. Food Store (New) 357 Swan (Ell) APP 33- 30. Restaurant Dance License(Renewal) 52 Chippewa West(Ell) APP 34- 31. Restaurant Dance License(Renewal) 79 Chippewa West(Ell) APP 35- 32. Restaurant Dance License(Renewal) 236 Delaware Ave(Ell) APP 36- 33. Restaurant Dance License(Renewal) 1 Ferry West(Niagara) APP 37- 34. Restaurant Dance License(Renewal) 596 Genesee(Ell) APP 38- 35. Restaurant Dance License(Renewal) 1 Main HSBC Arena Harbor Club Level 100(Ell) APP 39- 36. Restaurant Dance License(Renewal) 1 Main HSBC Arena Harbor Club Level 200 (Ell) APP 40- 37. Restaurant Dance License(Renewal) 1 Main HSBC Arena Headliners Bar(Ell) APP 41- 38. Second Hand Dealer 982 Broadway(Fill) APP ADMINISTRATION AND FINANCE 42- 39. Appt Contract & Specification Clerk(Prov) (Max) (Ki rker) CS COMMUNITY SERVICES 43- 40. Acceptance of Grant - Governor's Traffic Safety Committee FIN BURA 44- 41. Approval to Transfer One Home in Sycamore Village Sub -245 Mortimer(Ell) CD CITY CLERK Set Public Hearing Sycamore Village Sub -245 Mortimer(Ell) 45- 42. Liquor License Applications R &F 46- 43. Leaves of Absence R &F 47- 44. Notices of Appointment - Seasonal R &F 48- 45. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 58. 49- 46. G. Chwalinski -BSA 2008 -2009 Comprehensive Annual Financial Report R &F 50- 47. LP Ciminelli Board Packet Documents March 2010 ED 51- 48. D. Dihann- Request Representation From Council Districts -Great Jefferson Bond Resolution Bailey Ave Bridge Recont Caz Creek & Bflo RiverAPP 85- 61. Business Common's Unity Arts /Business Festival R &F 52- 49. L. Fleron -Bflo Living Wage Comm Reg Olmsted Pks Consery Exemptions LEG 53- 50. GBNRTC- Notice of Meeting, 4/7/2010 R &F 54- 50A. M. Kearns - Housing Court Violation License Application Affidavit FIN 55- 51. B. Williams- S.R.T. Depart of Public Safety- Introduction into City Charter LEG, POL,CC PETITIONS 89- 65. Kearns 56- 52. A. Georgiadis, Owner, Use 1081 Elmwood Ave for a Sidewalk Replacement Patio(hrg 4 /6)(North) LEG,CPBD 57- 53. S. AL Karaawi, Owner, Use 1201 Hertel for a Restaurant(hrg 4 /6)(Del) LEG,CPBD 58- 54. P. Fadale, Agent, Use 2303 Delaware for a Freestanding Sign(no pub hrg)(Del) LEG,CPBD,ZONING RESOLUTIONS 78- 54A Franczyk,etcMarine Drive Apts - Commercial Slip Parkina ADOPT RES'S REM TO CD 79- 55. Haynes Set Public Hearing Sycamore Village Sub -245 Mortimer(Ell) ADOPT 80- 56. Haynes Approval to Transfer One Home Sycamore Village Sub - 245 Mortimer(hrg 4/13)(EII) CD 81- 57. Kearns Bond Resolution New Fire Acquisition APP 82- 58. Kearns Bond Resolution Police & Fire Radio Systems APP 83- 59. Kearns Bond Resolution Vehicle Purchase - Streets Divisions APP 84- 60. Kearns Bond Resolution Bailey Ave Bridge Recont Caz Creek & Bflo RiverAPP 85- 61. Kearns Bond Resolution Bridge Rehabilitation- Various APP 86- 62. Kearns Bond Resolution Bflo River Pedestrian Pkwv APP 87- 63. Kearns Bond Resolution North District - Median Recontr Chatham Ave. APP 88- 64. Kearns Bond Resolution Colvin Estates Rd Constr APP 89- 65. Kearns Bond Resolution E. Lovejoy St- Infrastructure Repair & Replacement APP 90- 66. Kearns Bond Resolution Erie Canal Harbor Sts Phase III APP 91- 67. Kearns Bond Resolution Fargo Avenue Reconstruction APP 92- 68. Kearns Bond Resolution Fruit Belt Redevelopment APP 93- 69. Kearns Bond Resolution Citywide Infrastructure Repair & Replacement APP 94- 70. Kearns Bond Resolution Nevilly Court Area Infrastructure APP 95- 71. Kearns Bond Resolution Porter Ave Streetscape Niagara to Symphony Cr.APP 96- 72. Kearns Bond Resolution Bflo Zoo Prkg Lot & Pathway Pavina APP 97- 73. Kearns Bond Resolution 725 Humboldt Pkwy Environ Remediation APP 98- 74. Kearns Bond Resolution Coco -Cola Field Upgrades APP 99- 75. Kearns Bond Resolution Various City Bldg Upgrades APP 100- 76. Kearns Bond Resolution Cazenovia Park Casino HVAC Improvements APP 101- 77. Kearns Bond Resolution Buffalo City Hall, Upgrades APP 102- 78. Kearns Bond Resolution Community Center Upgrades APP 103- 79. Kearns Bond Resolution Delaware Park Radio Station Upgrade APP 104- 80. Kearns Bond Resolution Johnny B. Wiley Sport Complex Main Blda APP 105- 81. Kearns Bond Resolution Kleinhans Music Hall A/C Replacement APP 106- 82. Kearns Bond Resolution Various City Libraries - Modernization APP 107- 83. Kearns Bond Resolution M.L. King Park Basin & Casino Rehabilitation APP 108- 84. Kearns Bond Resolution Monument Restoration APP 109- 85. Kearns Bond Resolution Penhurst Park Archway Reconstr. APP 110- 86. Kearns Bond Resolution Riverside Library Interior Improvements APP 111- 87. Kearns Bond Resolution Various City Service Bldg- Upgrades APP 112- 88. Kearns Bond Resolution Broderick Park Infrastructure Improv. APP 113- 89. Kearns Bond Resolution Nevilly Court Planning & Design Phase I APP 114- 90. Kearns Bond Resolution Citywide Parks System APP 115- 91. Kearns Bond Resolution Roosevelt Park Fencina APP 116- 92. Kearns Bond Resolution Roosevelt Park Shelter House Improv & Reme APP 117- 93. Kearns Bond Resolution Demolitions- Emergency Conditions APP 118- 94. Kearns Bond Resolution General Constr- Various Schools APP 119- 95. Kearns Bond Resolution Mechanical /Electrical- Various Schools APP 120- 96. Kearns Increased Appropriation - Police Dept FIN 121- 97. Kearns Transfer of Funds - Public Works APP 122- 97A Kearns Increased Appropriation- Strategic Planning & PW APP 123- 97B Kearns,etc HRM -Req NYS Assembly to Pass Bill #A9951 & NYS Senate Perm to Enter Agmt -Bflo Outer Harbor Enhancement Project(PW) APP 63- 5. to Pass -Bill# S6862 -Sale of Bonds & Notes ADOPT 124- 98. LoCurto National League of Cities Prescription Card Program ADOPT 125- 99. LoCurto,etc Support Parkside Comm Assoc Appl. to NYS Main St Proa ADOPT 126- 99A LoCurto,etc Ordinance Amendment -Ch 175 - Fees -Parks FIN 127- 100. Rivera, etc Elmwood Village Associations' Main St Program Application ADOPT 128- 101. Rivera The Save the Waterfront Coalition ADOPT 129- 102. Russell Budget & Personnel Amendment -PW FIN 130- 103. Smith Creation of a Leak Abatement Program in the COB ADOPT 1 8 ' RES REM FIN 131- 104. Smith Commissioner of Deeds Public Duties ADOPT TABLE ITEMS - - - - -- #105 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 59- 1. Com 25 Mar 16 Appt Assistant Engineer (Cont Perm)(Max)(Duk)(PW) APP 60- 2. Com 26 Mar 16 Appt Equipment Operator(Prov)(Max)(D`'te)(PW) APP 61- 3. Com 41 Mar 16 Notices of Appointments Temp /Prow /Perm(Cty Clk) R &F FINANCE (no pub hrg)(North)(452,2 /16) 62- 4. Com 20 Mar 16 Perm to Enter Agmt -Bflo Outer Harbor Enhancement Project(PW) APP 63- 5. Com 21 Mar 16 Perm to hire Engineering consultant -W. Ferry Bridge Rehab(PW) APP 64- 6. Com 31 Mar 16 Foreclosure of Tax; User Fees;Sewer and Water Charge Liens(A &F) R &F 65- 7. No 53 Mar 16 Olmsted Parks -Req Fee Schedule Adjustment -Golf Courses R &F 66- 8. Res 86 Mar 16 Budget & Personnel Amend ment -A &F /Treasury APP COMMUNITY DEVELOPMENT 67- 9. Com 4 Jan 19 Perm to Designate Redeveloper South Buffalo Charter School(Strat Plan) R &F 68- 10. Res 93 June 9 Reg Info Relating to CDBG(except resolves) R &F LEGISLATION 69- 11. No 54 Mar 16 P. Fadale, Agent, Use 954 Main St. for A Free Standing FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO 1 STRAT PLAN - REPORT OF SALE -7 ARMBRUSTER (FILL) Report of Sale 7 Armbruster, 820' S Broadway Lot Size: 30'x 132' Assessed Valuation: $1,900.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mark Kogutowski, 11 Armbruster Street, Buffalo, New York 14212 to purchase 7 Armbruster. Mr. Kogutowski owns and resides at 11 Armbruster, which is adjacent to 7 Armbruster. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Sign(no pub hrg)(Nia) APP 70- 12. No 55 Mar 16 M. Stefura, Agent, Use 1700 Elmwood for a Ground Sign(no pub hrg)(North) APP 71- 13. Res 85 Mar 16 Ord Amend- Chapter 35- Domestic Partnerships APP 72- 14. No 72 Mar 16 D. Hall- Owner, Use 326 Amherst St to Expand an Existing Restaurant (no pub hrg)(North)(452,2 /16) RECOMMIT 73- 15. Com 22 Jan 19 Food Store License (New) 2042 South Park (South)(EDPI) APP /COND 74- 16. Com 23 Dec 8 Used Car Dealer -490 Seneca St (Ell)(EDPI) APP 75- 17. No 60 July 21 M. Kearns - Concerns -City_ Hall E -mails COW POLICE OVERSIGHT 76- 18. No 47 Oct 13 B. Davis - Meeting With Redflex Traffic S`-stems R &F 77- 19. No 57 Oct 13 A. Thompson - Complaint From C. People Re: Police R &F FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO 1 STRAT PLAN - REPORT OF SALE -7 ARMBRUSTER (FILL) Report of Sale 7 Armbruster, 820' S Broadway Lot Size: 30'x 132' Assessed Valuation: $1,900.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mark Kogutowski, 11 Armbruster Street, Buffalo, New York 14212 to purchase 7 Armbruster. Mr. Kogutowski owns and resides at 11 Armbruster, which is adjacent to 7 Armbruster. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Kogutowski has commissioned Jourdan Stevenson, real estate appraiser, of Howard P. Schultz & Associates, LLC to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be One Thousand Eight Hundred Dollars ($1,800.00), Forty Five Cents ($.45), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. I am recommending that Your Honorable Body approve the sale of 7 Armbruster to Mr. Mark Kogutowski in the amount of One Thousand Eight Hundred Dollars ($1,800.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 20, 2010, be received and filed; and That the offer from Mark Kogutowski, residing at 11 Armbruster, in the sum of One Thousand and Eight Hundred Dollars ($1,800.00) for the purchase of 7 Armbruster, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning b authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO2 STRAT PLAN - REPORT OF SALE 663 BEST (ELL) Report of Sale 553 Best, 129.50' E Johnson Lot Size: 30 - x 126' Assessed Valuation: $1,900.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed Shahjahan, 555 Best Street, Buffalo, New York 14208 to purchase 553 Best Street. Mr. Shahjahan owns and resides at 555 Best, which is adjacent to 553 Best. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Shahjahan has commissioned Ms. Patricia Swan, real estate appraiser, of Arrow Appraisal Service to estimate the fair market value of the subject property. She has estimated the Fair Market Value to be One Thousand Six Hundred Dollars ($1,600.00), Forty Two Cents ($.42), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Shahjahan has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 553 Best to Mr. Shahjahan in the amount of One Thousand Six Hundred Dollars ($1,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 19, 2010, be received and filed; and That the offer from Mohammed Shahjahan, residing at 555 Best Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 553 Best, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO3 STRAT PLAN - REPORT OF SALE 796 BROADWAY (FILL) Report of Sale 795 Broadway, 120.06'W Smith, Lot Size: 33'x 126.67' EL, 213.38' WL, 120.50' RL Assessed Valuation: $3,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Sheryl Y. Bates, 1078 Smith Street, Buffalo, New York 14212 to purchase 795 Broadway. Mrs. Bates owns and resides at 1078 Smith and also owns a three family dwelling at 1074 Smith, which is adjacent to 795 Broadway. She intends to fence in the area and use for additional green space for herself and her tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($70) to One Dollar and Ten Cents ($1.10), per square foot. Mrs. Bates has agreed and is prepared to pay Six Thousand Five Hundred Dollars ($6,500.00), Seventy Cents ($70) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 795 Broadway to Mrs. Sheryl Bates in the amount of Six Thousand Five Hundred Dollars ($6,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 19, 2010, be received and filed; and That the offer from Mrs. Sheryl Y. Bates, residing at 1078 Smith Street, in the sum of Six Thousand and Five Hundred Dollars ($6,500.00) for the purchase of 795 Broadway, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 N04 STRAT PLAN - REPORT OF SALE -276 CHELSEA(MASTEN) Report of Sale 276 Chelsea, 124.35' N Delavan Lot Size: 32'x 106' Assessed Valuation: $2,600.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Claudis Foxworth and Mrs. Lula Foxworth, 278 Chelsea Place, Buffalo, New York 14215 to purchase 276 Chelsea. Mr. and Mrs. Foxworth own and reside at 278 Chelsea, which is adjacent to 276 Chelsea. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Seventy Cents ($70), per square foot. Mr. and Mrs. Foxworth have agreed and are prepared to pay Two Thousand Dollars ($2,000.00), Sixty Cents ($.60) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 276 Chelsea to Mr. and Mrs. Foxworth in the amount of Two Thousand Dollars ($2,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N06 STRAT PLAN - REPORT OF SALE 42 COLORADO(MASTEN) Report of Sale 42 Colorado, 413.20' N Genesee Lot Size: 30'x 118' Assessed Valuation: $2,400.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Arthur T, Logan, 46 Colorado Street, Buffalo, New York 14211 to purchase 42 Colorado. Mr. Logan owns and resides at 46 Colorado, which is adjacent to 42 Colorado. He intends to fence in and secure the vacant lot and use for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Logan has commissioned Alexander Vilardo, real estate appraiser, of Eastern Appraisal Consultants Inc. to estimate the fair market value. He has estimated the Fair Market Value to be Nine Hundred Dollars ($900.00), ThirtyFive Cents ($35), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Logan has agreed and is prepared to pay Nine Hundred Dollars ($900.00) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 42 Colorado to Mr. Arthur Logan in the amount of Nine Hundred Dollars ($900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N06 STRAT PLAN - REPORT OF SALE-626,628 GENESEE (ELL) Report of Sale 526 Genesee, 725.50' SW Jefferson Lot Size: 25'x 125' Assessed Valuation: $2,300.00 528 Genesee, 700.50' SW Jefferson Lot Size: 25'x 125' Assessed Valuation: $2,300.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mt. Aaron Baptist Church, Pastor Dwayne Jones, 540 Genesee Street, Buffalo, New York 14204 to purchase 526 and 528 Genesee Street. Mt. Aaron Baptist Church is located at 540 Genesee which is adjacent to the subject properties. They intend to use 650 and 652 Genesee for parking for the church. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Eighty Five Cents ($.85), per square foot. Mt. Aaron Baptist Church has agreed and is prepared to pay Five Thousand Dollars ($5,000.00), Eighty Cents ($80) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 526 and 528 Genesee to Mt. Aaron Baptist Church in the amount of Five Thousand Dollars ($5,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 19, 2010, be received and filed; and That the offer from Mt. Aaron Baptist Church, Pastor Dwayne Jones, 540 Genesee Street, in the sum of Five Thousand Dollars ($5,000.00) for the purchases of 526 and 528 Genesee, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 N07 STRAT PLAN - REPORT OF SALE -14 KEHR (MASTEN) Report of Sale 14 Kehr, 111.26' N Genesee Lot Size: 30'x 85' Assessed Valuation: $900.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Margaret A. Hawkins, 20 Kehr Street, Buffalo, New York 14211 to purchase 14 Kehr. Ms. Hawkins owns and resides at 20 Kehr and also owns the vacant lot at 16 Kehr, which are adjacent to 14 Kehr. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Ms. Hawkins has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100.00), Forty -Five Cents ($45) per square foot. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 14 Kehr to Ms. Margaret Hawkins in the amount of One Thousand One Hundred Dollars ($1,100.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N08 STRAT PLAN - REPORT OF SALE -250 MONROE (ELL) Report of Sale 250 Monroe, 210' S Peckham Lot Size: 30'x 109' Assessed Valuation: $1,700.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Toniqua Duncan - Douglas, 252 Monroe Street, Buffalo, New York 14206 to purchase 250 Monroe. Mrs. Duncan - Douglas owns and resides at 252 Monroe, which is adjacent to 250 Monroe. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mrs. Duncan - Douglas has commissioned Jourdan Stevenson, real estate appraiser, of Howard P. Schultz & Associates, LLC to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be One Thousand Six Hundred Fifty Dollars ($1,650.00), Fifty Cents ($.50), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mrs. Duncan - Douglas has agreed and is prepared to pay One Thousand Six Hundred Fifty Dollars ($1,650.00) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 250 Monroe to Mrs. Toniqua Duncan - Douglas in the amount of One Thousand Six Hundred Fifty Dollars ($1,650.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 19, 2010, be received and filed; and That the offer from Mrs. Toniqua Duncan - Douglas, residing at 252 Monroe Street, in the sum of One Thousand and Six Hundred Fifty Dollars ($1,650100) for the purchase of 250 Monroe, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 N09 STRAT PLAN - REPORT OF SALE -12 ROSEDALE (NORTH) Report of Sale 12 Rosedale, 111.16' NW Wyandotte Lot Size: 30'x 11 8' Assessed Valuation: Land $4,900.00 Improvement: $15,100.00 Total $20,000.00 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Hopeful Holdings, Mr. Eric Van Grootheest, 162 St. Andrews Street, East Fergus, Ontario, Canada NIM1 P8 purchase 12 Rosedale Street. The property will be renovated and used as a rental property. They have estimated the cost of renovations to be Thirty One Thousand Dollars ($31,000.00) and have provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,076 square feet, one and one half story frame, one family dwelling in fair condition situated on a lot 35' x 118'. The property was acquired by the City through In Rem #41 in October 2007. There have been no other serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services, Division of Collections and the Mayor's Anti Flipping Task Force have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Ten Dollars ($10.00) to Forty Dollars and Twenty Five Cents ($40.25), per square foot of living area. Hopeful Holdings has agreed and is prepared to pay Ten Thousand Dollars ($10,000.00), Ten Dollars ($10.00) per square foot of living area for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 12 Rosedale to Hopeful Holdings in the amount of Ten Thousand Dollars ($10,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 19, 2010, be received and filed; and That the offer from Eric Van Grootheest, residing at 162 St. Andrews Street, East Fergus, Ontario, Canada N1 M1 P8, in the sum often Thousand Dollars ($10,000.00) for the purchase of 12 Rosedale, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 10 STRAT PLAN - REPORT OF SALE-20,36,37,41 VANDALIA (FILL) Report of Sale 20 Vandalia, 197.50' N South Lot Size: 25'x 102' Assessed Valuation: $2,100.00 35 Vandalia, 366.50' N South Lot Size: 25'x 1 00' Assessed Valuation: $2,000.00 37 Vandalia, 391.50' N South Lot Size: 25'x 1 00' Assessed Valuation: $1,600.00 41 Vandalia, 416.50' N South Lot Size: 6'x 100' Assessed Valuation: $500.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Community Steel Corporation, Mr. Jeffrey W. Lauck, Vice President of Operations, 60 Alabama Street, Buffalo, New York 14204 to purchase 20, 35, 37, and 41 Vandalia. Community Steel Corporation owns adjoining properties and intends to use the subject properties for future business expansion. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Lauck has commissioned Pamela S. Breidenstein, real estate appraiser, of Breidenstein Appraisals, Inc. to estimate the fair market value of the subject properties. She has estimated the Fair Market Value to be Four Thousand Seven Hundred Dollars ($4,700.00), Fifty - Eight Cents ($.58), per square foot. The Division of Real Estate has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Community Steel Corporation has agreed and is prepared to pay Four Thousand Seven Hundred Dollars ($4,700.00) for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 20, 35, 37 and 41 Vandalia to Community Steel Corporation in the amount of Four Thousand Seven Hundred Dollars ($4,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 20, 2010, be received and filed; and That the offer from Community Steel Corporation, Mr. Jeffrey W. Lauck, Vice - President of Operations, 60 Alabama Street, in the sum of Four Thousand and Seven Hundred Dollars ($4,700.00) for the purchases of 20, 35, 37 and 41 Vandalia, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 11 STRAT PLAN -SEQR LEAD AGENCY DESIGNATION, LANGSTON HUGHES INSTITUTE LDA WAIVER The Langston Hughes Institute, at 963 & 969 Washington Street, is requesting a waiver to its existing Land Disposition Agreement from BURA and the City of Buffalo. Prior to the implementation of the above referenced action, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies. The Buffalo Urban Renewal Agency proposes to act as the SEQR Lead Agency for this project. BURA respectfully requests the Councils' consent to this proposal. The project environmental assessment form is set forth below. RECEIVED AND FILED NO 12 STRAT PLAN -SEQR LEAD AGENCY DESIGNATION, MASSACHUSETTS AVE HOUSING DEVE People United for Sustainable Housing, Inc. proposes to undertake the substantial rehabilitation of three residential buildings located at 460,398 and 397 Massachusetts Avenue. The project will be financed privately, with NY State DHCR financing and with HUD HOME funds provided by the City. The project, as defined under SEQR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies. The Buffalo Urban Renewal Agency proposes to act as the SEQR Lead Agency for this project. BURA respectfully requests the Council's consent to this proposed designation. The project environmental assessment form is set forth below. RECEIVED AND FILED NO 13 STRAT PLAN -APPT EXECUTIVE DIRECTOR(EXEMPT)(MEHAFFY) CERTIFICATE OF APPOINTMENT Appointment Effective March 29, 2010 in the Department of Executive Division of Strategic Planning to the Position of Executive Director Exempt, Flat Starting Salary of $82,257 Brendan Mehaffy, 701 Lafayette Avenue, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO 14 CERTIFICATE OF NECESSITY - POLICE DEPT Increased Appropriation We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $32,490 in the estimate for the fiscal year beginning July 1, 2009 is necessary in the Police Department to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled Grant Reimbursement, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for the account: From: Police Grant Reimbursement 10200030 - 380101 $32,490 To meet the increased appropriation as set forth below: To: Police Department 12021001 - 411001 Annual Salary $32,490 RECEIVED AND FILED NO 15 CERTIFICATE OF NECESSITY - PUBLIC WORKS Transfer of Funds Department of Public Works We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $300,000 be transferred and reappropriated within Public Works. From: Public Works - Engineering 13112006 - 490000 Freeze Account $300,000 To: Public Works - Buildings 13296005 - 461105 Janitorial Supplies $ 15,000 13296005 - 466000 Building Supplies $ 60,000 13296006 - 443200 Building Repairs $225,000 Dated: Buffalo, NY, March 12, 2010 RECEIVED AND FILED NO 16 CERTIFICATE OF NECESSITY - STRATEGIC PLANNING Increased appropriation Strategic Planning and Public Works We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $600,000 in the estimate for the fiscal year beginning July 1 2009 is necessary in Strategic Planning and Public Works to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The mount of increased appropriation will be met from the account Restore NY PH2 Iry NYS, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to transfer $600,000 from the Restore NY PH2 Iry NYS to meet this increased appropriation as detailed below: 10700090 - 391030 Transfer from the Capital Projects Fund $600,000 To: Strategic Planning - Other Services 10309006 - 480000 $300,000 Public Works - Other Contractual 13090006 - 434000 $300,000 $600,000 Dated: Buffalo, NY, March 25, 2010 RECEIVED AND FILED NO 17 APPT EXEC ASSIST TO COMPT FOR COMM. & INTERGOVERNMENTAL AFFAIRS (PERM)(MAX)(MCPHERSON) Certificate of Appointment Appointment Effective March 22, 2010 in the Department of Audit and Control Division of Accounting to the Position of Executive Assistant to the Comptroller for Communications and Intergovernmental Affairs Permanent Appointment Maximum Starting Salary of $75,402 Robbie McPherson, 2540 Niagara Falls Boulevard, Niagara Falls, NY 14304 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective 3/15/2010 in the Department of Division of to the Position of Surpervising Assessor, Provisional appointment at the Fourth Step of $59,025 Phillip Kozerski, 158 Barnard St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 19 CHANGE IN CONTRACT 2009 STUMP REMOVAL CITY WIDE JOB #0911 VARIOUS DISTRICTS I hereby submit to Your Honorable Body the following changes for the 2009 City Wide Stump Removal, Acquest Funding Corp. dba Boldt's Landscaping, C #93000473. 1. Additional stumps identified in the field by the City Add $ 1,555.00 Forester and Consultant. The foregoing change results in a net increase in the contract of One Thousand Five Hundred Fifty Five and 00/100 Dollars ($1,555.00). Summary Original Contract Amount $159,912.50 Amount of This Change Order( #1) Add $ 1,555.00 Revised Contract Amount $161,467.50 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30032106 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 17, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Boldt's Landscaping, an increase in the amount of $1,555.00, as more fully described in the above communication, for work relating to Job # 0911, 2009 Stump Removal City Wide, C #93000473. Funds for this project are available in 30032106 445100 - Buildings. PASSED AYES - 9 NOES — 0 NO. 20 REPORT OF BIDS FIRE HEADQUARTERS A/C INSTALLATION, PHASE 2 JOB #1006 ELLICOTT DISTRICT Item available for review in the City Clerk's Office Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 4, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Fire Headquarters A/C Installation, Phase 2, Job #1006, to Greater Niagara Mechanical, the lowest responsible bidder, in the amount with a Base Bid of $134,500.00, add Alternate #1 for $9,200.00 for a total bid of $143,700.00. Funds for the project are available in 39320406 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 21 REPORT OF BIDS POLICE HEADQUARTERS ASBESTOS ABATEMENT JOB #0910 ELLICOTT DISTRICT I advertised for on April 16, 2009, and received the following formal sealed bids for Police Headquarters, Asbestos Abatement, which were publicly opened and read on May 5, 2009. Base Bid + Alt# 1 + Alt# 2 Jupiter Environmental $ 57,000.00 $22,000.00 $29,000.00 3 Lynn Court, Lincoln Park, NJ Geiter Done of WNY $76,400.00 $8,000.00 No Bid 300 Greene, Buffalo, NY Fibertech Environmental $84,200.00 $21,400.00 $18,700.00 140 North, Buffalo, NY Arric Corp. $172,000.00 $70,000.00 $37,000.00 5033 Transit, Depew, NY Add Alternate #1: Asbestos Abatement of Pistol Range Add Alternate #2: Asbestos Abatement of the Armory. Jupiter Environmental was awarded the contract on 06/19/09. On 03/15/10, the City of Buffalo's Law Department and the Department of Public Works, Parks & Streets rejected Jupiter Environmental's bid due to non - compliance of insurance requirements (see attached letter). Geiter Done of WNY omitted a bid for Alternate #2, making their bid incomplete. Therefore, we are submitting the bid from Fibertech Environmental for approval as the lowest responsible bidder. I hereby certify that the foregoing is a true and correct statement of all bids received and that Fibertech Environmental, with a Base Bid of $84,200.00, add Alternate #! for $21,400.00, add Alternate #2 for $18,700.00, for a total bid of One Hundred Twenty Four Thousand Three Hundred and 00/100 Dollars ($124,300.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 31310906 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 4, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Police Headquarters, Asbestos Abatement, Job #0910, to Fibertech Environmental, the lowest responsible bidder, in the amount of a Base Bid of $84,200.00, add Alternate #1 for $21,400.00 add Alternate #2 for $18,700.00 for a total of $124,300.00. Funds for the project are available in 31310906 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 22 REPORT OF BIDS REPAIR OF ROUTE 5 (SKYWAY) LIGHTING GROUP #708 This is to advise Your Honorable Body that I have advertised and received bids on March 10, 2010 The following bids were received: Contractor Base Bid Alternate Bid Total Bid Price South Buffalo Electric, Inc $135,790.00 $55,000.00 $200,329.50 1250 Broadway Street Buffalo, NY 14212 CATCO $196,740.00 $85,000.00 $295,827.00 1266 Townline Rd Alden, N Y14004 O'Connell Electric $286,791.00 $238,000.00 $551,030.55 929 Ransom Road Lancaster, NY 14086 1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric in the amount of $200,329.50. (Base Bid of $135,790.00 + Alternate Bid of $55,000 + [5% unit price increases] $9,539.50 equals [Total Award] $200,329.50). Funds for this project are available in the Capital Projects account 30032106 - 445100. The engineer's estimate for this work and $294, 114.00. SJS /PJM /MGM /kec Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 15, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Repair of Route 5 (Skyway) Lighting, to South Buffalo Electric, the lowest responsible bidder, in the amount of $200,329.50 (Base Bid of $135,790.00 + Alternate Bid of $55,000 + [5% unit price increases] $9,539.50 equals [Total Award] $200,329.50. Funds for the project are available in Capital Projects account 30032106 - 445100. PASSED AYES -9 NOES -0 NO. 23 REQUEST FOR INCREASE IN CONTRACT # 93000531 We are requesting an increase of $1400.00 in the Lardon Construction Contract # 93000531 used for Waste Material. This increase would make the total contract $ 71,400.00, The account number is 52002606- 442100. REFERRED TO THE COMMITTEE ON FINANCE. NO. 24 CERTIFICATE OF APPOINTMENT Appointment effective March 11, 2010 in the Department of Public Work, Parks and Streets to the Position of Engineering Inspector, Permanent Appointment at the Intermediate Salary of $42,032.00 William Borton, 37 Winter St, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 25 CERTIFICATE OF APPOINTMENT Appointment effective March 11, 2010 in the Department of Public Work, Parks and Streets to the Position of Engineering Inspector, Temporary Appointment at the Intermediate Salary of $42,032.00 Phillip M. Pecoraro, 67 Brinton St, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 CERTIFICATE OF APPOINTMENT Appointment effective March 11, 2010 in the Department of Public Work, Parks and Streets to the Position of Engineering Inspector, Permanent Appointment at the Intermediate Salary of $44,057.00 Robert W. Schmarder, 51 Cheltenham Dr, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 CERTIFICATE OF APPOINTMENT Appointment effective March 17, 2010 in the Department of Public Work, Parks and Streets to the Position of Laborer II, Permanent Appointment at the Intermediate Salary of $29,977.00 Michael F. Schroeder, 98 Coolidge Road, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 28 CERTIFICATE OF APPOINTMENT Appointment effective March 22, 2010 in the Department of Public Work, Parks and Streets, Division of Engineering to the Position of Senior Engineer, Permanent Promotion at the Intermediate Salary of $58,339 Eric D. Schmarder, 46 Camden Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 29 CERTIFICATE OF APPOINTMENT Appointment effective March 22, 2010 in the Department of Public Work, Parks and Streets to the Position of Senior Engineer, Permanent Promotion at the Maximum Salary of $62,428 Michael Hoffert, 55 Coburg, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 30 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C;P. 2/2/88 09 -DEA- 509192 C2 -09 -0027 5,325.59 09 -D EA- 515636 C2 -08 -0144 12,187.15 09 -DEA -51636 C2 -08 -0144 3,090.48(15% SAFF) 2009SA001528801 US CUSTOMS 3,629.09 (not elgible for sharing) TOTAL $24,232.31 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of these funds have been deposited into SAFF account 10405 for fulfilling year 4 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 31 FOOD STORE (NEW) 1146 HERTEL (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1146 Hertel ( Pasquale's Italian MarketM/illiam Chiesi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 23, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to William Chiesi d /b /a Pasquale's Italian Market located at 1146 Hertel. PASSED AYES -9 NOES -0 NO. 32 FOOD STORE (NEW) 367 SWAN (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 357 Swan (Swan Food Market /Nasser Ahmed) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 22, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Nasser Ahmed d /b /a Swan Food Market located at 357 Swan. PASSED AYES -9 NOES -0 NO. 33 RESTAURANT DANCE LICENSE (RENEWAL) 62 CHIPPEWA WEST Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 52 Chippewa West for which said renewal application for a Restaurant Dance Class IV license is being sought by Charles Goldman and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV License to Charles Goldman d /b /a La Luna located at 52 Chippewa West. PASSED AYES -9 NOES -0 NO. 34 RESTAURANT DANCE LICENSE(RENEWAL) 79 CHIPPEWA WEST Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 79 West Chippewa for which said renewal application for a Restaurant Dance Class IV license is being sought by Darren Neaverth and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV License to Darren Neaverth d /b /a Bayou located at 79 Chippewa West. PASSED AYES -9 NOES -0 NO 36 RESTAURANT DANCE LICENSE (RENEWAL) 236 DELAWARE AVE (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 236 Delaware for which said renewal application for a Restaurant Dance Class III license is being sought by Daniel Cane and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Daniel Cane d /b /a The Bar located at 236 Delaware Avenue. PASSED AYES -9 NOES -0 NO 36 RESTAURANT DANCE LICENSE (RENEWAL) 1 FERRY WEST (NIAGARA) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Ferry West for which said renewal application for a Restaurant Dance Class III license is being sought by Manny Lezama and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Many Lezama d /b /a Rich Renaissance Niagara located at 1 Ferry West. PASSED AYES -9 NOES -0 NO 37 RESTAURANT DANCE LICENSE (RENEWAL) 696 GENESEE (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 596 Genesee for which said renewal application for a Restaurant Dance Class III license is being sought by Justin Larke and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Justin Larke d /b /a The Old Arthur's Pub located at 596 Genesee. PASSED AYES -9 NOES -0 NO 38 RESTAURANT DANCE LICENSE (RENEWAL) 1 MAIN HSBC ARENA HARBOR CLUB LEVEL 100 (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main HSBC Harbor Club Level 100 for which said renewal application for a Restaurant Dance Class III license is being sought by Brian Burke and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Brian Burke d /b /a HSBC Harbor Club Level 100 located at 1 Main. PASSED AYES -9 NOES -0 NO 39 RESTAURANT DANCE LICENSE (RENEWAL) 1 MAIN HSBC ARENA HARBOR CLUB LEVEL 200 (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main HSBC Harbor Club Level 200 for which said renewal application for a Restaurant Dance Class III license is being sought by Brian Burke and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Brian Burke d /b /a HSBC Harbor Club Level 200 located at 1 Main. PASSED AYES -9 NOES -0 NO 40 RESTAURANT DANCE LICENSE (RENEWAL) 1 MAIN HSBC ARENA HEADLINES BAR (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main HSBC Headlines Bar for which said renewal application for a Restaurant Dance Class III license is being sought by Brian Burke and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 19, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Brian Burke d /b /a HSBC Headlines Bar located at 1 Main. PASSED AYES -9 NOES -0 NO 41 SECOND HAND DEALER 982 BROADWAY (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 982 Broadway and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Loran Bommer. The attached thereto for Loran Boomer d /b /a /Appliance Plus Outlet, LLC. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated March 22, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Loran Boomer d /b /a Appliance Plus Outlet, LLC located at 982 Broadway. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 42 APPT CONTRACT & SPECIFICATION CLERK (PROV)(MAX)(KIRKER) Certificate of Appointment Appointment effective March 23, 2010 in the Department of Administration, Finance, Policy & Urban Affairs Division of Parking Enforcement to the Position of Contract & Specification Clerk Provisional Appointment Maximum Starting salary of $40,436 Heidi Kirker, 351 Potters Road, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO 43 ACCEPTANCE OF GRANT- GOVERNOR'S TRAFFIC SAFETY COMMITTEE Acceptance of $34,940 grant by the Governor's Traffic Safety Committee through the State Department of Motor Vehicles. The Department of Community Services and Recreational Planning request the acceptance of a grant through the State Department of Motor Vehicles in the amount of $34,940 for the facilitation and implementation of a Bicycle Safety Training and Helmet distribution Program. The program will be administered in partnership with PAL. REFERRED TO THE COMMITTEE ON FINANCE FROM THE BUFFALO URBAN RENEWAL AGENCY NO 44 APPROVAL TO TRANSFER ONE (1) HOME IN SYCAMORE VILLAGE SUBDIVISION 245 MORTIMER (ELL) The Sycamore Village Subdivision is a pedestrian friendly, park -like community. The subdivision is located in the block bounded by Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency "). The entire site consists of approximately 3.86 acres. The Agency has negotiated the sale of one (1) home. Below is the name of the potential homebuyer, property address and proposed sale price. The Agency is requesting the Common Council approve the transfer of the following sublot located in Sycamore Village Subdivision to the following individual at the stated minimum purchase price: NAME SUB LOTS MINIMUM SALES PRICE Ronette Nevine Lot 11,245 Mortimer $150,000.00 Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO 45 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 79 W. Chippewa St Bayou Marty Graus LLC Adam D March 51 W. Chippewa St City Tavern TCMG Inc. 929 Elmwood Ave Mezza Restaurant Billa Inc RECEIVED AND FILED NO 46 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Police Dept Kevin Cannon RECEIVED AND FILED. NO 47 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment effective March 8, 2010 in the Department of Assessment and Taxation to the Position of Clerk- Seasonal Appointment Flat Starting salary of $11.87 Nakia R. Harris, 267 Berkshire Avenue, Buffalo 14214 Certificate of Appointment Appointment effective March 25, 2010 in the Department of Public Works Division of Engineering to the Position of Laborer II Seasonal Appointment Flat Starting salary of $11.87 Troy Hall, 245 Madison St. Buffalo 14215 NO 48 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment effective March 22, 2010 in the Department of Public Works Division of Water to the Position of Caulker Temporary Non - Competitive Minimum Starting salary of $32,392 Thomas L. Cwik, 141 Rebecca Park, Buffalo 14207 Certificate of Appointment Appointment effective March 22, 2010 in the Department of Public Works Division of Streets to the Position of Laborer II Permanent Appointment Minimum Starting salary of $21,527 Keith Thompson, 222 Jewett Pkwy, Buffalo 14214 Certificate of Appointment Appointment effective March 22, 2010 in the Department of Public Works Division of Streets to the Position of Laborer II Permanent Non - Competitive Minimum Starting salary of $21,527 Carmen Mambrino, 229 Hampshire St, Buffalo 14213 Certificate of Appointment Appointment effective March 22, 2010 in the Department of Public Works Division of Buildings to the Position of Laborer II Permanent Non - Competitive Minimum Starting salary of $21,527 Larthonia Redden, 60 Lemon St, Buffalo 14204 Certificate of Appointment Appointment effective March 22, 2010 in the Department of Public Works Division of Water to the Position of Waterline Inspector Provisional Appointment Minimum Starting salary of $39,706 Karl F. Hawthorn Jr., 74 Densmore St, Buffalo 14220 Certificate of Appointment Appointment effective March 22, 2010 in the Department of Public Works Division of Water to the Position of Water Service Worker Provisional Promotion Minimum Starting salary of $34,072 Jeremiah Adamczyk, 98 Putnam St, Buffalo 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 49 G. CHWALINSKI -BSA 2008- 2009COMPREHENSIVE ANNUAL FINANCIAL REPORT Mr. Gerald Chwalinski Clerk's Office 1308 City Hall Buffalo, NY 14202 Dear City Clerk: The Buffalo Sewer Authority's 2008 -2009 Comprehensive Annual Financial Report is now available on the Authority's website. The 2008- 2009 CAFR can be downloaded at http: / /www.ci.buffalo.ny.us/ Home /CitvServices /BSA /AnnualReport. The 2008 -2009 CAFR was approved by the Board of the Buffalo Sewer Authority on January 6, 2010. Sincerely, BUFFALO SEWER AUTHORITY David P. Comerford General Manager RECEIVED AND FILED NO 50 LP CIMINELLI BOARD PACKET DOCUMENTS MARCH 2010 Attached are the following documents from the Joint Schools Construction Board meeting scheduled March 1, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated February 1, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 34 R — January 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 19 - January 2010 5. Phase III Application and Certificate for Payment No. 35 - February 2010 6. Phase IV Application and Certificate for Payment No. 20 - February 2010 7. Phase V Application and Certificate for Payment No. 3 - February 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase III Project - January 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - January 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- January 2010 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- January 2010 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 51 D. DIHANN- REQUEST REPRESENTATION FROM COUNCIL DISTRICTS -GREAT JEFFERSON BUSINESS COMMON'S UNITY ARTS /BUSINESS FESTIVAL To Whom It May Concern: This is a formal request to come before the Common Council to personally request representation from their respective districts to participate in the Great Jefferson Avenue Business Common's "Unity" arts /business festival. The festival is scheduled for August 14th and will be staged along Jefferson Avenue. The emphasis, as you can gather from the title, is on unity. Therefore, participation as well as visible representation from the various council district is significant. Sincerely, D. Sylvester Dihaan RECEIVED AND FILED NO. 52 L. FLERON -BFLO LIVING WAGE —REQG OLMSTED PKS CONSERV EXEMPTIONS Honorable City of Buffalo Common Council Members: At its monthly meeting March 10, 2010, the Buffalo Living Wage Commission received an update on the City's negotiations with the Olmsted Parks Conservancy from Brendan Mehaffy and Thomas Herrera - Mishler, Although they provided no new financial information, they expressed a wish for a broader exemption from the Living Wage Ordnance than the one the Living Wage Commission recommended January 21, 2010. After careful reconsideration, the Commission has voted, by a count of seven to one, to reaffirm its previous recommendation for a partial exemption for the Olmsted Parks Conservancy, with the following conditions: 1. In year one of the contract (2010), the Conservancy will be exempt from wage requirements of the Ordinance. 2. For the duration of the contract, the Conservancy will be exempt from living age requirements for those seasonal or temporary employees who are in youth training, welfare to work, or other subsidized employment and training programs. 3. The Conservancy will continue to pay all full -time permanent staff at or above the living wage rates throughout the contract. 4. The City and the Conservancy will work to secure funding sufficient to phase in compliance with the wage requirements over the years 2011 and 2012, achieving full compliance with all wage requirements, with the exceptions noted in #2 above, by January 2013. 5. Through the full duration of the contract, the Conservancy, as a covered employer, will comply with the legal requirement to submit quarterly reports to the Living Wage Commission. This will a low the Commission to fulfill its obligation to monitor compliance, evaluate progress, and to continue ongoing dialogue with the City and the Conservancy for the successful implementation of living wage policy. As detailed in the attached correspondence (which was also sent to you m late January), this recommendation was based on policy guidelines the Commission articulated for nonprofit exemptions in general, and the decision was made after a hearing and thorough examination of both the law and the specific facts in this important case This recommendation reflects appreciation both for the extraordinary work of the Conservancy and for the opportunity presented by Mayor Brown and Corporation Counsel to utilize the experience and legal expertise of the Commission in making the recommendation. On behalf of the Living Wage Commission, I would like to respectfully request that the Common Council follow the above conditions in considering any exemption request from the Mayor or Corporation Counsel. Requests for general exemptions based on financial challenges facing the City and its contractors fail to comport with the fundamental premise of Buffalo's Living Wage Ordinance: the City of Buffalo should not use public funds in ways that perpetuate poverty, increase the demands for social services, and promote low -wage work through contracts with service providers who do not pay living wages. The Commission appreciates the continuing support of the Common Council for living wage policies that work to the benefit of the city as a whole. We hope we can count on you in this critical decision. Please do not hesitate to call me if you have questions or concerns. I and other Commissioners are available to talk with you about this important matter. Sincerely yours, REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 53 GBNRTC- NOTICE OF MEETING The next GBNRTC -PCC meeting has been scheduled for Wednesday, April 7, 2010 9:30 a.m. at the NYS Department of Transportation 100 Seneca Street. Buffalo NY PROPOSED AGENDA PROCEEDINGS A) Pledge of Allegiance B) Roll Call C) Public Participation D) Approval of Meeting Agenda E) Approval of Meeting Minutes - March 3, 2010 ACTION ITEMS A) Proposed 2012 TIP changes: Mod #41 CSX Bridge over Rt 104 (pending) B) Recommendation to initiate public review of LRP Update and TIP documents DISCUSSION ITEMS A) Subcommittee Reports: Transportation Projects Subcommittee B) Long Range Plan 2,035 Update /TIP 2015 public outreach in April, path to approval D) Policy Committee - May Meeting potential dates and agenda C) NFTA Strategic Assessment - summary and path forward D) Congressional Actions; SAFETEA -LU extension provisions E) Modeling Initiatives Update F) Regional Freight Forum and Study Completion plan G) UPWP Startup and Scheduling H) Earth Day Activities STATUS REPORTS /INFORMATION A) Member Agency Reports B) Director's Report RECEIVED AND FILED NO. 54 M KEARNS- HOUSING COURT VIOLATION LICENSE APPLICATION AFFIDAVIT I would like to file the attached information for the next Common Council meeting to be held on March 30, 2010. Thank you. Dear Commissioner Comerford: It has come to my attention that some licenses and renewals have been issued despite the applicants having unresolved Housing Court violations. While I am certain that every effort is made to ensure that only deserving applicants obtain a license, this situation exists none - the -less. Pursuant to Chapter 516 of the 1978 New York Regular Sessions Law, that created the Buffalo Housing Court— the City of Buffalo Corporation Council is responsible for prosecuting all code violation matters brought befm'e the City of Buffalo Housing Court. However, it seems counterproductive for the City to prosecute housing code violators yet allow them the privilege of obtaining a license; notwithstanding whether a pending Housing Court matter is known or unknown at the time of the license application. Therefore, I am respectfully requesting that all license applications be amended to include a section requiring that each applicant list any pending City of Buffalo Housing Court matters that they are a party to, and the nature of the pending matter. I further request that the issuance of a license or a renewal thereof, be delayed until the pending Housing Court violation is resolved. As the Commissioner of Economic Development, Permit and Inspection Services, you have the authority to require such information as you deem necessary to properly determine whether the application for a license should be granted. Requiring the divulgence of pending Housing Court matters will promote the public's interest and better ensure that only worthy individuals are granted licenses. To this end, please also advise the undersigned of the need to sponsor any regulatory changes to the city's charter and code to achieve the objectives listed herein. Thank you for your attention to this matter. Sincerely, Michael P, Kearns Common Council Member, South District REFERRED TO THE COMMITTEE ON FINANCE. NO. 55 B. WILLIAMS -SRT DEPART OF PUBLIC SAFETY - INTRODUCTION INTO CITY CHARTER Dear Sir: S.R.T. stands as the only privately owned Public Safety Department in the region. S.R.T. has a definite advantage over our competitors. Our goal is to partner with the community to provide safe residential living through effective law enforcement and community oriented policing programs. Additionally, S.R.T. has a fully operating K -9 division with two state certified dogs, and a community outreach youth program. S.R.T.'s prospective goals and objectives will be to safeguard and protect the community around the Buffaio area. Our most important role as NYS certified Peace Officers would be to hopefully establish safe residential living and ensure the public's trust in restoring bad elements to good neighborhoods. Our target market is for the low income areas in an effort to reduce crime rates and deter criminals. We are enclosing two copies of this letter. One copy for the Common Council Proceedings, and the other for the Legislative Committee. We hope to gain approval for introduction into the City Charter. We Thank You for your time and consideration on this matter. Hopefully this letter pi'oves insightful and sheds some light on our goals and objectives. Sincerely, Brian J. Williams, Chief of S.R.T. Department of Public Safety REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL PETITION NO. 56 A. GEORGIADIS, OWNER, USE 1081 ELMWOOD AVE FOR A SIDEWALK PATIO (HRG 4/6 )(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 57 S. AL KARAAWI, OWNER, USE 1201 HERTEL FOR A RESTAURANT (HRG 4/6 )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 58 P. FADALE, AGENT, USE 2303 DELAWARE FOR A FREESTANDING SIGN (NO PUB HRG )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 59 APPT ASSISTANT ENGINEER (CONT PERM)(MAX)(DUK)(PW) (CCP# 25,3/16) Mrs Russell moved That Communication of 25 of March 16, 2010, be received and Filed and that the Contingent Permanent Appointment of Thomas J. Duk, 56 Shenandoah, Buffalo, NY 14220 at the Maximum Salary of $50,628.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 60 APPT EQUIPMENT OPERATOR (PROV)(MAX)(DYTE)(PW) (CCP# 26, 3/16) Mrs Russell moved That Communication of 26 of March 16, 2010, be received and Filed and that the Provisional Appointment of Timothy J. Dyte, 53 Gunnell Avenue, Buffalo, NY 14216 at the Maximum Salary of $37,077 is hereby approved. PASSED AYES -9 NOES -0 NO. 61 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 413/16 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO. 62 PERMISSION TO ENTER INTO AGREEMENT W /NYSDOT - BUFFALO OUTER HARBOR ENHANCEMENT PROJECT PIN 5759.42 (ITEM NO. 20, C.C.P., MAR. 16, 2010) Mr. Kearns moved: That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation for Buffalo Outer Harbor Improvements, PIN 5759.42. That the agreement, which will allow NYSDOT to administer the construction phase of the project at its current cost of $1,100,000 by utilizing the City of Buffalo's TEP allocated funds and will be paid directly to the NYSDOT. That the City will, upon project completion, operate and maintain the project at no expense to the NYSDOT. PASSED AYES -9 NOES -0 NO. 63 PERMISSION TO HIRE ENGINEERING CONSULTANT FOR THE WEST FERRY STREET BRIDGE (ITEM NO. 21, C.C.P., MAR. 16, 2010) Mr. Kearns moved: That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire an engineering consultant to design, bid, administer and provide construction management and inspection to the West Ferry Street Bridge Rehabilitation over the Black Rock Canal. PASSED AYES -9 NOES -0 NO. 64 FORECLOSURE OF TAX; USER FEES; SEWER AND WATER CHARGE LIENS CCP# 31, 3/16 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 65 OLMSTED PARKS - REQUEST FEE SCHEDULE ADJUSTMENT - GOLF COURSES (ITEM NO. 53, C.C.P., MAR. 16, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Acting Corporation Counsel be, and he hereby is authorized to prepare an Ordinance Amendment for the Buffalo Olmsted Park golf courses increase in fees, as more fully described in the above communication, and report back to the Common Council with the final Ordinance Amendment. RECEIVED AND FILED NO. 66 BUDGET AND PERSONNEL AMENDMENT 15 - ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 1056 - TREASURY (ITEM NO. 86, C.C.P., MAR. 16, 2010) That the Budget and Personnel Amendment as contained in Item No. 86, C.C.P., March 16, 2010 be and the same hereby is approved. PASSED AYES -9 NOES -0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO. 67 PERM TO DESIGNATE REDEVELOPER SOUTH BUFFALO CHARTER SCHOOL (STRAT PLAN) (C.C.P. #4 JAN 19) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 68 REG INFO RELATING TO CDBG (EXCEPT RESOLVES) (C.C.P. #93 JUNE 9) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 69 P. FADALE, PETITION TO USE 954 MAIN STREET FOR A FREE STANDING SIGN (ITEM NO. 54, C.C.P., MAR. 16, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of P. Fadale, agent, for permission to use 954 Main Street for a free - standing sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 70 M. STEFURA, PETITION TO USE 1700 ELMWOOD FOR A FREE GROUND SIGN (ITEM NO. 55, C.C.P., MAR. 16, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of P. Fadale, agent, for permission to use 1700 Elmwood for a 32" x 120" tall ground sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 71 ORDINANCE AMENDMENT - PART 1, CHAPTER 35, ARTICLE IX, SECTION 35 -38, DOMESTIC PARTNERSHIP BENEFITS (ITEM NO. 85, C.C.P., MAR. 16, 2010) Whereas, same -sex couples do not presently have the option to marry in New York State and the Common Council of the City of Buffalo wishes to extend health insurance benefits to these individuals, while not in any way improperly attempting to legalize common -law marriage in abrogation of State Law, hereby enacts and approves the attached Ordinance Amendment and pledges to re -visit the same should State Law change in a way that would make said Ordinance Amendment superfluous. That the Ordinance Amendment as contained in Item No. 85, C.C.P., March 16, 2010, be and the same hereby is approved. PASSED AYES — FONTANA, FRANCZYK, GOLOMBEK, HAYNES, KEARNS, LOCURTO, TIVERA, RUSSELL - 8 NOES — SMITH - 1 NO. 72 D. HALL, PETITION TO USE 326 AMHERST STREET - TO EXPAND AN EXISTING RESTAURANT (ITEM NO. 52, C.C.P., FEB. 16, 2010) (ITEM NO. 72, C.C.P., MAR. 16, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 73 FOOD STORE LICENSE - 2042 SOUTH PARK (ITEM NO. 22, C.C.P., JAN. 19, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Mohamed All Saleh located at 2042 South Park d /b /a Shop 4 Less with the following conditions: 1. That the store is to be closed no later than 10:00 pm Sunday through Thursday. 2. That the store is to be closed no later than 11:00 pm Friday and Saturday. 3. That no signs or placards are to be placed outside of the store. PASSED W /CONDITIONS AYES -9 NOES -0 NO 74 USED CAR DEALER LICENSE - 490 SENECA STREET (ITEM NO. 23, C.C.P., DEC. 8, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Peter Pena d /b /a Porky's Automotive Repair located at 490 Seneca Street. PASSED AYES -9 NOES -0 NO 75 M. KEARNS- CONCERNS -CITY HALL E -MAILS CCP #60, 7/21 Mr. Golombek moved That the above item be the same and hereby is Referred to the Committee of the Whole ADOPTED SPECIAL COMMITTEE ON POLICE OVERSIGHT (RICHARD A. FONTANA, CHAIRPERSON) NO 76 B. DAVIS- MEETING WITH REDFLEX TRAFFIC SYSTEMS (C.C. P. #47, 10/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO 77 A. THOM PSON-COM PLAINT FROM C. PEOPLE RE: POLICE (C.C.P. #57,10/13) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 78 BY: MR. FRANCZYK MARINE DRIVE APARTMENTS - COMMERCIAL SLIP PARKING GARAGE WHEREAS, the Marine Drive Apartments constitute the oldest residential neighborhood in the Buffalo inner harbor; and WHEREAS, the residents of the Marine Drive Apartments constitute 523 leaseholders and approximately 1,000 residents; and WHEREAS, the leaseholders at the Marine Drive Apartments enjoy the use of a 375 car residential surface parking lot; and WHEREAS, a significant portion of the residents of the Marine Drive Apartments are elderly men and women, single women and children; and WHEREAS, Empire State Development Corporation ( "ESDC ") is the Lead Agency for the Canal Side Project which involves the development of the Buffalo inner harbor; and WHEREAS, Erie Canal Harbor Development Corporation ( "ECHDC "), a subsidiary of ESDC, is the Project Sponsor for the Canal Side Project; and WHEREAS, ESDC, as Lead Agency, on February 6, 2009 filed a Full Environmental Assessment Form for the Canal Side Project noting that the project may result in one or more large impacts that may have a significant impact upon the environment requiring a positive declaration to be issued; and WHEREAS, on September 17, 2009, ESDC, as Lead Agency, issued a Draft Generic Environmental Impact Statement ( "DGEIS ") for the Canal Side Project which excluded the Marine Drive Apartments and its residents, from the delineated project area; and WHEREAS, the DGEIS addressed the proposed construction by ECHDC of a six (6) level 1,200 ear parking garage to be built over the site of the Marine Drive Apartments residential surface parking lot (the "Commercial Slip Parking Garage "); and WHEREAS, in October 2009, 435 Marine Drive resident leaseholders executed a petition opposing construction by the ECHDC of the Commercial Slip Parking Garage on the site of the residential surface parking lot because of the permanent adverse effect which the project will have upon their quality of life due to increased traffic congestion, air pollution, noise, crime and public safety concerns; and WHEREAS, on October 20, 2009, ECHDC publicly unveiled its Master Plan for the Canal Side Project, including the proposed construction of the six (6) level 1,200 car Commercial Slip Parking Garage; and WHEREAS, on October 21, 2009, residents of the Marine Drive Apartments appeared at a public hearing before the Waterfront Committee of the Buffalo Common Council to voice their concerns and opposition to the proposed site of the Commercial Slip Parking Garage; and WHEREAS, on November 17, 2009, the Marine Drive Resident Council and Marine Drive Resident Association offered extensive written comments to the DGEIS and requested the ESDC and ECHDC to prepare and file a Supplemental Environment Impact Statement with respect to the proposed construction of the Commercial Slip Parking Garage upon the quality of life of Marine Drive residents due to increased Waffle congestion, air pollution, noise, crime and public safety concerns; and WHEREAS, in January 2010, ESDC filed a Supplemental Environmental Impact Statement on the environmental impact of the construction of the Commercial Slip Parking Garage which many Marine Drive residents maintain fails to adequately address their stated environmental and quality of life concerns; and WHEREAS, on February 25, 2010, representatives of ECHDC made a presentation to the Board of Commissioners of the Buffalo Municipal Housing Authority ( "BMHA "), which owns and operates the Marine Drive Apartments which outlined the intent of ECHDC to request the sale, transfer or lease by BMHA of the Marine Drive Apartments residential surface parking lot to ECHDC for the purpose of construction of the Commercial Slip Parking Garage; and WHEREAS, on March 1, 2010, residents of the Marine Drive Apartments met with representatives of ECHDC and the Board of Commissioners of BMHA to voice their concerns and opposition to the proposed site of the Commercial Slip Parking Garage; and WHEREAS, at the March 1, 2010 meeting residents of the Marine Drive Apartments in attendance at the meeting overwhelming voiced their opposition to the proposed site of the Commercial Slip Parking Garage for environmental and quality of life reasons; and WHEREAS, ECHDC has since publicly stated its intent to request BMHA to sell, transfer or lease the Marine Drive Apartments residential surface parking lot to it for the purpose of construction of the Commercial Slip Parking Garage; and WHEREAS, pursuant to Article 27 of the City Charter the sale, transfer or lease of real property owned by City of Buffalo shall not be made unless authorized by the Common Council; and WHEREAS, ECHDC is in need of the sale, transfer or lease by the City of Buffalo of 13 acres of city owned or controlled real property located within the Canal Side Project area which cannot be sold, transferred, or leased without the approval of the Common Council; and WHEREAS, it appears to the Common Council that ESDC and ECHDC may have other viable sites for the Commercial Slip Parking Garage which do not infringe upon an established residential neighborhood; and WHEREAS, it appears that the current proposed site of the Commercial Slip Parking Garage could potentially have a permanent and adverse impact upon the quality of life of the residents of the Marine Drive Apartments; NOW, THEREFORE, BE IT RESOLVED, that the Buffalo Common Council hereby goes on record as being fully supportive of the environmental and quality of life concerns expressed by residents of the Marine Drive Apartments as reflected in their October 2009 petition and October 21, 2009 appearance before the Waterfront Committee; and it is further RESOLVED, that the Buffalo Common Council hereby goes on record as being opposed to the current plan of ESDC and ECHDC to construct the Commercial Slip Parking Garage on or over the site of the Marine Drive Apartment residential surface parking lot; and it is further RESOLVED, that the Buffalo Common Council hereby goes on record as stating that it will not approve the sale, transfer, or lease by the City of Buffalo of 13 acres of city owned or controlled real property to ESDC, ECHDC or its designee until such time as ESDC and ECHDC agrees to consider, with an eye to choosing, sites other than the Marine Drive Apartments residential surface parking lot, which is currently proposed; and be it further RESOLVED, that certified copies of this resolution be sent to ESDC, ECHDC, the Western New York State Delegation, the Hon. Byron Brown, Mayor of the City of Buffalo, and the Hon. Brian Higgins, Member of Congress. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 79 BY: COUNCILMEMBER HAYNES SET PUBLIC HEARING SYCAMORE VILLAGE SUBDIVISION 245 MORTIMER WHEREAS, the City of Buffalo Urban Renewal Agency and one (1) individual homebuyer have negotiated a Purchase Contract for one (1) home in the Sycamore Village Subdivision; and; WHEREAS, the terms of said Purchase Contract has been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 3 r of April, 2010. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P,M. in the Council Chambers on the 13th of April 2010. ADOPTED NO 80 BY: COUNCILMEMBER HAYNES APPROVAL TO TRANSFER ONE (1) OME IN SYCAMORE VILLAGE SUBDIVISION WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of one (1) home in the City of Buffalo Sycamore Village Subdivision to one (1) individual homebuyer; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land to the following purchaser which is subject to approval of Agency Legal Counsel: NAME SUB LOTS MINIMUM SALES PRICE Ronette Nevine Lot 11, 245 Mortimer $150,000.00 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 81 BY: MICHAEL P. KEARNS: BOND RESOLUTION NEW FIRE APPARATUS ACQUISITION ACCOUNT 3000 -21 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $996,170 General Improvement Bonds of said City to finance the cost of acquisition of firefighting apparatus for the Fire Department, at the estimated total cost of $996,170. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Nine Hundred Ninety -Six Thousand One Hundred Seventy Dollars ($996,170), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the acquisition of firefighting apparatus including acquisition of two pumpers. The estimated total cost of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $996,170 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Fire, "New Fire Apparatus Acquisition- 2010 ", Bond Authorization Account No. 3000 -21, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $996,170. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 92 of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Messaae of Necessitv That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 82 BY: MICHAEL P. KEARNS BOND RESOLUTION POLICE & FIRE RADIO SYSTEMS ACCOUNT 3000 -21 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,649,000 General Improvement Bonds of said City to finance the cost of acquisition and installation of police and fire radio systems located throughout the City, at the estimated total cost of $1,649,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Six Hundred Forty -Nine Thousand Dollars ($1,649,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of acquisition and installation of police and fire radio systems located throughout the City. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,649,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Fire, "Police & Fire Radio Systems, 2010, Bond Authorization Account No. 3000 -21, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,649,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the class of objects or purposes for which the $1,649,000 bonds herein authorized are to be issued, within the limitations of §11.00 a. 25 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 83 BY: MICHAEL P. KEARNS: BOND RESOLUTION VEHICLE PURCHASE - STREETS DIVISIONS ACCOUNT 3000 -30 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $689,500 General Improvement Bonds of said City to finance the cost of acquisition of vehicles for street sanitation and snow plowing operations, at the estimated total cost of $689,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Six Hundred Eighty Nine Thousand Five Hundred Dollars ($689,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the acquisition of vehicles for street sanitation and snow plowing operations, including street sweepers, salt spreaders and garbage trucks. The estimated total cost of said class of objects or purposes for which the bonds authorized by tins resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $689,500 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Street Sanitation, "Vehicle Purchase - Streets Divisions - 2010 ", Bond Authorization Account No. 3000 -30, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $689,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 28 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days alter the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 84 BY: MICHAEL P. KEARNS BOND RESOLUTION BAILEY AVE BRIDGE RECONSTRUCTION CAZENOVIA CREEK AND THE BUFFALO RIVER ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of$117,700 General Improvement Bonds of said City, to finance the City's local share of the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning bridge reconstruction on Bailey Avenue over Cazenovia Creek and the Buffalo River in the City, at the estimated maximum cost of $117,700. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Seventeen Thousand Seven Hundred Dollars ($117,700), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the City's local share of the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning bridge reconstruction on Bailey Avenue over Cazenovia Creek and the Buffalo River in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $117,700 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, " Cazenovia Creek and the Buffalo River, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the specific object or purpose specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of$117,700. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section I. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 62(2" of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 85 BY: MICHAEL P. KEARNS BOND RESOLUTION BRIDGE REHABILITATION -VARIOUS ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $535,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of various bridges, in the City, at the estimated maximum cost of $535,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thirty -Five Thousand Dollars ($535,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of various bridges, including but not limited to Ferry Street Lift Bridge (spanning the canal), Lincoln Parkway Bridge (spanning Scajaquada Creek), Amherst Street Bridge at Starin Ave., Cazanovia Street Bridge between South Legion Dr. & North Legion Dr. and Hopkins Street Bridge between Larabee & Marilla, in the City; comprising rehabilitation and /or reconstruction of highway and other infrastructure elements on existing City right -of -ways, asphalt pavement, milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right -of -way enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $535,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Bridge Rehabilitation - Various, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $535,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 91. of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 86 BY: MICHAEL P. KEARNS: BOND RESOLUTION BUFFALO RIVER PEDESTRIAN PARKWAY ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $525,667 General Improvement Bonds of said City, to finance the local share of the cost of partial reconstruction of Buffalo River Pedestrian Pathway, in the City, at the estimated maximum cost of $3,015,000, and authorizing $2,489,333 expected to be received from the State of New York and /or the United States of America to be expended towards the cost thereof or redemption of the Bonds issued therefore or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Twenty -Five Thousand Six Hundred Sixty -Seven Dollars ($525,667), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the local share of the cost of partial reconstruction of the Buffalo River Pedestrian Pathway, including asphalt pavement, milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage, streetscape, pathway construction and other related enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,015,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. The Comptroller of the City is hereby further authorized to expend $2,489,333 expected to be received from the State of New York and /or the United States of America towards the cost thereof or redemption of the Bonds issued therefore or to budget as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Buffalo River Pedestrian Parkway, 2010 ", Bond Authorization Account No. 3000 -310, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $525,667. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 91 the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Bryon W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 87 BY: MR KEARNS BOND RESOLUTION NORTH DISTRICT - MEDIAN RECONSTRUCTION CHATHAM AVENUE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $253,512 General Improvement Bonds of said City to finance the cost of the partial reconstruction of Chatham Avenue between Elmwood Avenue and Lincoln Parkway, in the City, at the estimated total cost of $253,512. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fifty Three Thousand Five Hundred Twelve Dollars ($253,512), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of Chatham Avenue between Elmwood Avenue and Lincoln Parkway, in the City, including sidewalk and pavement cutting and restoration, curbing, signage and street lighting replacement /refurbishment, grading, top soil and seeding. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $253,512 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "North District - Median Reconstruction - Chatham Avenue, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $253,512. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150- 2.Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $253,512 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or The provisions of law which should be complied with at the date of the 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 Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Bryon W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 88 BY MR KEARNS BOND RESOLUTION COLVIN ESTATES ROAD CONSTRUCTION ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $642,000 General Improvement Bonds of said City to finance the cost of construction of a new public street on vacant former railroad right -of -way between Colvin and Starin Avenues in North Buffalo, at the estimated total cost of $642,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Six Hundred Forty Two Thousand Dollars ($642,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of construction of a new public street on vacant former railroad right -of -way between Colvin and Starin Avenues in North Buffalo. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $642,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Colvin Estates Road Construction, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $642,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $642,000 bonds herein authorized are to be issued, within the limitations of §11.00 a. 20 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 89 BY: MICHAEL P. KEARNS BOND RESOLUTION EAST LOVEJOY STREET - INFRASTRUCTURE REPAIR AND REPLACEMENT ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $525,667 General Improvement Bonds of said City to finance the cost of partial reconstruction of East Lovejoy Street, in the City, at the estimated total cost of $525,667. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Twenty -Five Thousand Six Hundred Sixty -Seven Dollars ($525,667), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of East Lovejoy Street, in the City, including asphalt pavement milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage, streetscape and other related enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $525,667 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "East Lovejoy Street - Infrastructure Repair and Replacement, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $525,667. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $525,667 bonds hereln authorized are to be issued, within the limitations of § 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. introduced Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo PASSED AYES -9 NOES -0 NO. 90 BY: MICHAEL P. KEARNS BOND RESOLUTION ERIE CANAL HARBOR STREETS PHASE III ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $53,340 General Improvement Bonds of said City to finance the cost of partial reconstruction of Pearl and Commercial Streets between Marine Drive and Lower Terrace, in the City, at the estimated total cost of $53,340. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fifty Three Thousand Three Hundred Forty Dollars ($53,340), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of Pearl and Commercial Streets between Marine Drive and Lower Terrace, in the City, including complete realignment. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $53,340 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Erie Canal Harbor Streets Phase III, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount Of$53,340. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $53,340 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 20(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes, Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Bryon W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES - 9 NOES — 0 NO. 91 BY MR. KEARNS BOND RESOLUTION FARGO AVENUE RECONSTRUCTION ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $214,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Fargo Avenue between Porter Avenue and Connecticut Street, in the City, at the estimated maximum cost of $214,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fourteen Thousand Dollars ($214,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of Fargo Avenue between Porter Avenue and Connecticut Street, in the City including curb, walk, street lighting, signage and landscaping, mill and overlay pavement mad construction of a traffic circle mid block on Fargo Avenue. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $214,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Fargo Avenue Reconstruction, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $214,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 92 BY: MICHAEL P. KEARNS BOND RESOLUTION FRUIT BELT REDEVELOPMENT ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $30,530 General Improvement Bonds of said City to finance the cost of partial reconstruction of Carlton and High Streets between Michigan and Jefferson Avenues, in the City, at the estimated total cost of $30,530. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Thirty Thousand Five Hundred Thirty Dollars ($30,530), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of Carlton and High Streets between Michigan and Jefferson Avenues, in the City, including curbs and sidewalk replacement, mill and overlay of street pavements, installation of ADA compliant ramps, crosswalk, lighting and traffic signal upgrades. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $30,530 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Fruit Belt Redevelopment, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount Of$30,530. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $30,530 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES - 9 NOES — 0 NO. 93 BY: MICHAEL P. KEARNS BOND RESOLUTION CITYWIDE INFRASTRUCTURE REPAIR & REPLACEMENT ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $4,815,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various highways and other infrastructure improvements on existing City rights -of -way located throughout the City, at the estimated total cost of $4,815,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Million Eight Hundred Fifteen Thousand Dollars ($4,815,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of various highways and other infrastructure improvements on existing City rights -of -way located throughout the City including asphalt pavement milling /resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage and other related right -of -way enhancements. The estimated total cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $4,815,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Citywide Infrastructure Repair & Replacement, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $4,815,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $4,815,000 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 91 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 94 BY: MICHAEL P. KEARNS: BOND RESOLUTION NEVILLY COURT AREA INFRASTRUCTURE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $400,000 General Improvement Bonds of said City, to finance the cost of infrastructure improvements to Marilla Street, Zollars Avenue, Ashton Place and Dallas Road, in the Nevilly Court area of the City, at the estimated maximum cost of $400,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of infrastructure improvements to Marilla Street, Zollars Avenue, Ashton Place and Dallas Road, in the Nevilly Court area of the City, including reconstruction of road and other infrastructure elements on existing City right -of -ways and adjacent lots, asphalt pavement milling]resurfacing, curbing, sidewalks, street lighting, traffic control systems, highway drainage, streetscape and other related enhancements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Nevilly Court Area Infrastructure, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $400,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 95 BY: MICHAEL P. KEARNS: BOND RESOLUTION PORTER AVENUE STREETSCAPE NIAGARA TO SYMPHONY CIRCLE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $214,000 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Porter Avenue located between Niagara Street and Symphony Circle, in the City, at the estimated maximum cost of $214,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section I. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Fourteen Thousand Dollars ($214,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of Porter Avenue between Niagara Street and Symphony Circle, in the City, including right -of -way improvements, curb and sidewalk replacement, mill and overlay of street pavements, installation of ADA compliant ramps, crosswalk, lighting, drainage and streetscape improvements. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $214,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended.. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Porter Avenue Streetscape, Niagara to Symphony Circle, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $214,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 91 of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 96 BY. MR. KEARNS BOND RESOLUTION BUFFALO ZOO PARKING LOT AND PATHWAY PAVING ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $421,240 General Improvement Bonds of said City to finance the cost of recreational area improvements for the Buffalo Zoo located at 300 Parkside Avenue, in the City, at the estimated total cost of $421,240. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Twenty -One Thousand Two Hundred Forty Dollars ($421,240), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements for the Buffalo Zoo located at 300 Parkside Avenue, in the City, including asphalt pavement milling /resurfacing, curbing, sidewalks, drainage, striping, pathway construction and related work. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $421,240 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Engineering, "Buffalo Zoo Parking Lot and Pathway Paving, 2010 ", Bond Authorization Account No. 3000 -31, and shall be used for the objects or purposes specified in Section 1 of this resolution Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Band Resolution, in the maximum amount of $421,240. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the objects or purposes for which the $421,240 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 97 BY: MICHAEL P. KEARNS: BOND RESOLUTION 726 HUMBOLDT PARKWAY ENVIRONMENTAL REMEDIATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $561,750 General Improvement Bonds of said City to finance the cost of environmental remediation of the City -owned building located at 725 Humboldt Parkway, in the City, at the estimated total cost of $561,750. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Sixty -One Thousand Seven Hundred Fifty Dollars ($561,750), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of environmental remediation of the City -owned building located at 725 Humboldt Parkway, in the City, including remediation of lead based paint and asbestos materials including but not limited to: architectural, mechanical, electrical work, plumbing and other miscellaneous items. Such remediation will be implemented pursuant to (1) an environmental restoration project agreement with the State Department of Environmental Conservation, or (2) a consent agreement with a federal or state agency, or (3) a federal or state judicial or administrative order. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $561,750 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks and Streets, Division of Buildings, 725 Humboldt Parkway Environmental Remediation -2010, Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City pursuant to this Bond Resolution in the maximum amount of $561,750. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" construction, as defined by Section 11.00 a. 11(b) of the Law and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a.6 -e, of the Local Finance Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Bryon W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 98 BY: MICHAEL P. KEARNS BOND RESOLUTION COCO -COLA FIELD UPGRADES ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $266,430 General Improvement Bonds of said City to finance the cost of recreational areas improvements to Coco -Cola Field located at 275 Washington, in the City, at the estimated total cost of $266,430. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Sixty -Six Thousand Four Hundred Thirty Dollars ($266,430), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to Finance the cost of recreational areas improvements to Coco -Cola Field located at 275 Washington, in the City, including but not limited to: architectural, mechanical, plumbing and electrical work upgrades and modifications. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $266,430 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, "Downtown Ball Park Upgrades, 2010, Bond Authorization Account No. 3000 -32, and shall be used for the specific object o1" purpose specified in Section 1 of this resolution. Section 3. The City intends to Finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $266,430. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $266,430 bonds herein authorized are to be issued, within the limitations of §11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 99 BY: MICHAEL P. KEARNS: BOND RESOLUTION VARIOUS CITY BUILDING - UPGRADES ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $374,500 General Improvement Bonds of said City to finance the cost of partial reconstruction of various City -owned buildings, at the estimated total cost of $374,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Three Hundred Seventy -Four Thousand Five Hundred Dollars ($374,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of various City -owned buildings as shown in column C of the attached schedule, located at the addresses in the City as shown in column D of the attached schedule, including improvements as described in column F of the attached schedule. The respective estimated total cost of each of said various City -owned building projects and the respective amounts of bonds authorized by this resolution to be issued for each of said various City - owned building projects, including preliminary costs and costs incidental thereto and the financing thereof, is as set forth in column E of the attached schedule and the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Various City Building- Upgrades- 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $374,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11.(b) of the Law, and the period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 100 BY: MICHAEL P. KEARNS BOND RESOLUTION CAZENOVIA PARK CASINO HVAC IMPROVEMENTS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $160,500 General Improvement Bonds of said City to finance the cost of HVAC improvements to Cazenovia Park Casino, in the City, at the estimated total cost of $160,500. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Sixty Thousand Five Hundred Dollars ($160,500), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of HVAC improvements to Cazenovia Park Casino, in the City. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $160,500 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, " Cazenovia Park Casino HVAC Improvements, 2010, Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $160,500. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $160,500 bonds herein authorized are to be issued, within the limitations of §11.00 a. 13 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 101 BY: MICHAEL P. KEARNS: BOND RESOLUTION BUFFALO CITY HALL, UPGRADES ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $463,667 General Improvement Bonds of said City to finance the cost of partial reconstruction of City Hall located at 65 Niagara Square, at the estimated total cost of $463,667. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Sixty -Three Thousand Six Hundred Sixty -Seven Dollars ($463,667), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of City Hall located at 65 Niagara Square, including various architectural, mechanical and electrical upgrades. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $463,667 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Buffalo City Hall, Upgrades - 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $463,667. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to taw, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 102 BY: MICHAEL P. KEARNS BOND RESOLUTION COMMUNITY CENTER UPGRADES ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $722,250 General Improvement Bonds of said City to finance the cost of partial reconstruction of various Community Centers located in the City, at the estimated total cost of $722,250. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Seven Hundred Twenty -Two Thousand Two Hundred Fifty Dollars ($722,250), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of the various Community Centers as shown in column C of the attached schedule, located at the addresses in the City as shown in column D of the attached schedule, including improvements as described in column F of the attached schedule. The respective estimated total cost of each of said community centers and the respective amounts of bonds authorized by this resolution to be issued for each of said community centers, including preliminary costs and costs incidental thereto and the financing thereof, is as set forth in column E of the attached schedule and the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Community Center Upgrades- 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific objects or purposes specified in Section I of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $722,250. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 103 BY: MICHAEL P. KEARNS BOND RESOLUTION DELAWARE PARK RADIO STATION - UPGRADE ACCOUNT 3000 -31 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $535,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of the Delaware Park Back -Up 911 Center located in Delaware Park at Ring Road and Route 198, in the City, at the estimated total cost of $535,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Thirty -Five Thousand Dollars ($535,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of the Delaware Park Back -Up 911 Center located in Delaware Park at Ring Road and Route 198, in the City, including upgrades to communications relay station to the Emergency Command Post, new windows, doors, boiler replacement and emergency generator. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $535,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Delaware Park Radio Station - Upgrade, 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $535,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section I. 150 -2. Section 4. The following additional matters are hereby determined and stated: (a) Said building is of at least Class "B" construction, as defined by Section 11.00 a. 11(b) of the Law and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 104 BY: MICHAEL P. KEARNS: BOND RESOLUTION JOHNNY B. WILEY SPORT COMPLEX MAIN BUILDING ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $428,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Johnny B. Wiley Sports Complex located on Jefferson Avenue, north of Best Street, in the City, at the estimated total cost of $428,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Four Hundred Twenty -Eight Thousand Dollars ($428,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements to Johnny B. Wiley Sports Complex located on Jefferson Avenue, north of Best Street, in the City, including but not limited to: upgrades to architectural, mechanical, plumbing, HVAC and electrical work. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $428,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, "Johnny B. Wiley Sport Complex Main Building- 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $428,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to b@ provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 106 BY: MICHAEL P. KEARNS: BOND RESOLUTION KLEINHANS MUSIC HALL A/C REPLACEMENT ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $525,750 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Kleinhans Music Hall, located at 360 Pennsylvania Avenue, at the estimated maximum cost of $525,750. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Five Hundred Twenty -Five Thousand Seven Hundred Fifty Dollars ($525,750), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of the partial reconstruction of Kleinhans Music Hall, located at 360 Pennsylvania Avenue, including replacement of air conditioning and other HVAC components, architectural, mechanical, electrical work and related work. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $525,750 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, " Kleinhans Music Hall A/C Replacement, 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $525,750. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 13 of the Local Finance Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 106 BY: MICHAEL P. KEARNS: BOND RESOLUTION VARIOUS CITY LIBRARIES - MODERNIZATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $250,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various City libraries, in the City, at the estimated total cost of $250,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Two Hundred Filly Thousand Dollars ($250,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of various City libraries as shown in column C of the attached schedule, located at the addresses in the City as shown in column D of the attached schedule, including improvements as described in column F of the attached schedule. The respective estimated total cost of each of said library projects and the respective amounts of bonds authorized by this resolution to be issued for each of said library projects, including preliminary costs and costs incidental thereto and the financing thereof, is as set forth in column E of the attached schedule and the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Various City Libraries - Modernization - 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $250,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 107 BY: MICHAEL P. KEARNS: BOND RESOLUTION M.L. KING PARK BASIN & CASINO REHABILITATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $1,819,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Martin Luther King Jr. Park located on North Fillmore Avenue and Best Street, in the City, at the estimated total cost of $1,819,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Eight Hundred Nineteen Thousand Dollars ($1,819,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter. 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements to Martin Luther King Jr. Park located on North Fillmore Avenue and Best Street, in the City, including building rehabilitation and enhancements to the Basin, improvements consisting of architectural, mechanical, plumbing, electrical, site work, landscaping, security work and related work. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,819,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "M.L. King Park Basin & Casino Rehabilitation- 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $1,819,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 108 BY: MICHAEL P. KEARNS: BOND RESOLUTION MONUMENT RESTORATION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $227,000 General Improvement Bonds of said City, to finance the cost of Urban Beautification improvements in various locations throughout the City, at the estimated maximum cost of $227,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds ofal1 the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Twenty -Seven Thousand Dollars ($227,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to Finance the cost of Urban Beautification improvements, including restoration of monuments, public art, and public spaces located throughout the City. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $227,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, "Monument Restoration, 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $227,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 90 of the Law, is ten (10) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron A. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 109 BY: MICHAEL P. KEARNS BOND RESOLUTION PENHURST PARK ARCHWAY RECONSTRUCTION ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $294,919 General Improvement Bonds of said City to finance the cost of improvements to the Penhurst Park stone archway located at Forest Avenue, in the City, at the estimated total cost of $294,919. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Ninety Four Thousand Nine Hundred Nineteen Dollars ($294,919), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of improvements to the Penhurst Park stone archway located at Forest Avenue, in the City, including various architectural, electrical and utility upgrades for the reconstruction of the Archway and adjacent walls, landscaping, site improvements and security upgrades. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $294,919 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Buildings, " Penhurst Park, Archway Reconstruction, 2010, Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $294,919. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $294,919 bonds herein authorized are to be issued, within the limitations of §11.00 a. 10 of the Law, is twenty (20) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 110 BY: MICHAEL P. KEARNS: BOND RESOLUTION RIVERSIDE LIBRARY INTERIOR IMPROVEMENTS ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $22,160 General Improvement Bonds of said City, to finance the cost of partial reconstruction of Riverside Library located at 820 Tonawanda Street, in the City, at the estimated maximum cost of $22,160. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Twenty- Two Thousand One Hundred Sixty Dollars ($22,160), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of Riverside Library located at 820 Tonawanda Street, in the City, including architectural, electrical, plumbing and mechanical upgrades. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $22,160 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Riverside Library Interior Improvements, 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $22,160. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The building to be partially reconstructed is of at least Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 111 BY: MICHAEL P. KEARNS: BOND RESOLUTION VARIOUS CITY SERVICE BUILDING - UPGRADES ACCOUNT 3000 -32 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $428,000 General Improvement Bonds of said City to finance the cost of partial reconstruction of various City Service buildings, at the estimated total cost of $428,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Four Hundred Twenty Eight Thousand Dollars ($428,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of various City Service buildings as shown in column C of the attached schedule, located at the addresses in the City as shown in column D of the attached schedule, including improvements as described in column F of the attached schedule. The respective estimated total cost of each of said City Service building projects and the respective amounts of bonds authorized by this resolution to be issued for each of said City Service building projects, including preliminary costs and costs incidental thereto and the financing thereof, is as set forth in column E of the attached schedule and the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution; or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Various City Service Building- Upgrades - 2010 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $428,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The existing buildings are of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness applicable to the specific objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 112 BY: MICHAEL P. KEARNS BOND RESOLUTION BRODERICK PARK INFRASTRUCTURE IMPROVEMENTS ACCOUNT 3000 -41 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $200,000 General Improvement Bonds of said City to finance the cost of recreational area improvements to Broderick Park located at the foot of West Ferry Street, in the City, at the estimated total cost of $200,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements to Broderick Park located at the foot of West Ferry Street, in the City, including study, design and construction. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $200,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Parks, "Broderick Park Infrastructure Improvements- 2010 ", Bond Authorization Account No. 3000 -41 and shall be used for the specific object or purpose specified in Section 1 Ofthis resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $200,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 19(c) of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without 1 imitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 113 BY: MICHAEL P. KEARNS BOND RESOLUTION NEVILLY COURT PLANNING AND DESIGN PHASE I ACCOUNT 3000 -41 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $125,666 General Improvement Bonds of said City, to finance the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning recreational area improvements to Nevilly Court located adjacent to Marilla Street, just west of Zollars Avenue, in the City, at the estimated maximum cost of $125,666. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Hundred Twenty -Five Thousand Six Hundred Sixty -Six Dollars ($125,666), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of preparation of surveys, preliminary and detailed plans, specifications and estimates necessary for planning recreational area improvements to Nevilly Court located adjacent to Marilla Street, just west of Zollars Avenue, in the City. The estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $125,666 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, " Nevilly Court Planning and Design Phase I, 2010 ", Bond Authorization Account No. 3000 -41, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $125,666. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the secific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 62(2" ) of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution, Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 114 BY: MICHAEL P. KEARNS: BOND RESOLUTION CITYWIDE PARKS SYSTEM ACCOUNT 3000 -41 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $894,232 General Improvement Bonds of said City, to finance the cost of recreational area improvements to various City parks, at the estimated maximum cost of $894,232. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Eight Hundred Nine Four Thousand Two Hundred Thirty -Two Dollars ($894,232), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements to various City parks, including architectural, electrical, plumbing, and mechanical upgrades, landscaping, site improvements, security upgrades and purchase of equipment. The estimated maximum cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $894,232 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Citywide Parks System, 2010 ", Bond Authorization Account No. 3000 -41, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $894,232. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5: Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days alter the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 115 BY: MICHAEL P. KEARNS BOND RESOLUTION ROOSEVELT PARK FENCING ACCOUNT 3000 -41 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $58,850 General Improvement Bonds of said City to finance the cost of recreational areas improvements to Roosevelt Park located at the foot of Roosevelt Avenue, in the City, at the estimated total cost of $58,850. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Fitly -Eight Thousand Eight Hundred Fifty Dollars ($58,850), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational areas improvements to Roosevelt Park located at the foot of Roosevelt Avenue, in the City, including installation of fencing, miscellaneous landscaping and security items. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $58,850 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Parks & Streets, Division of Parks, "Roosevelt Park Fencing, 2010, Bond Authorization Account No. 3000 -41, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $58,850. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness for the specific object or purpose for which the $58,850 bonds herein authorized are to be issued, within the limitations of § 11.00 a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO 116 BY: MICHAEL P. KEARNS: BOND RESOLUTION ROOSEVELT PARK SHELTER HOUSE, IMPROVEMENT AND REMEDIATION ACCOUNT 3000 -41 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $225,000 General Improvement Bonds of said City to finance the cost of recreational area improvements and remediation for Roosevelt Park Shelter House located at the foot of Martha Avenue, in the City, at the estimated total cost of $225,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of an the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Hundred Twenty -Five Thousand Dollars ($225,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of recreational area improvements and remediation for Roosevelt Park Shelter House located at the foot of Martha Avenue, in the City, including but not limited to: rehabilitation of interior space, HVAC, plumbing, electrical, abatement and encapsulation of ACM & LBP hazardous materials. Such abatement and encapsulation shall be implemented pursuant to (1) an environmental restoration project agreement with the State Department of Environmental Conservation, (2) a consent agreement with a federal or state agency, or (3) a federal or state judicial or administrative order. The estimated total cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $225,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Parks, "Roosevelt Park Shelter House, Upgrades- 2010 ", Bond Authorization Account No. 3000 -41 and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $225,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 91 of the Local Finance Law, is fifteen (15) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the 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, (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 117 BY MR. KEARNS BOND RESOLUTION DEMOLITIONS - EMERGENCY CONDITIONS ACCOUNT 3000 -65 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $2,035,000 General Improvement Bonds of said City, to finance the cost of demolition of hazardous buildings in various locations throughout the City, at the estimated maximum cost of $2,035,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the principal amount of Two Million Thirty -Five Thousand Dollars ($2,035,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of demolition of hazardous buildings, including various city -owned and private buildings located throughout the City which pose a significant threat to public health and /or public safety. The estimated maximum cost of said objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $2,035,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Economic Developments, Permits and Inspections, Division of Housing and Enforcement, "Demolitions- Emergency Conditions, 2010 ", Bond Authorization Account No. 3000 -65, and shall be used for the objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $2,035,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 89 of the Law, is five (5) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the 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 (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Bryon W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 118 BY: MICHAEL P. KEARNS: BOND RESOLUTION GENERAL RECONSTRUCTION - VARIOUS SCHOOLS ACCOUNT 3998 -97 Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $3,200,000 School Bonds of said City to finance the cost of partial reconstruction of various school buildings located throughout the City, at the estimated maximum cost of $3,200,000. • The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Bonds of said City in the principal amount of Three Million Two Hundred Thousand Dollars ($3,200,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of various school buildings located throughout the City, including exterior and interior reconstruction, masonry, doors, windows, floors, plaster walls, painting and related items- The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,200,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "General Reconstruction - Various Schools, 2010 ", Bond Authorization Account No. 3998 -97, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City pursuant to this Bond Resolution, in the maximum amount of $3,200,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The buildings to be reconstructed are of at least Class "A" construction, as defined by Section 11.00 a. 1 1 (a) of the Law and the period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(1) of the Law, is twenty -five (25) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b)The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 119 BY: MICHAEL P. KEARNS: BOND RESOLUTION MECHANICAL /ELECTRICAL- VARIOUS SCHOOLS ACCOUNT 3998 -97 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $1,700,000 School Bonds of said City to finance the cost of partial reconstruction of various school buildings located throughout the City, at the estimated maximum cost of $1,700,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue School Bonds of said City in the principal amount of One Million Seven Hundred Thousand Dollars ($1,700,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), to finance the cost of partial reconstruction of various school buildings located throughout the City, including mechanical and electrical work. The estimated total cost of said class of objects or purposes for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,700,000 as set forth in the duly adopted 2010 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds, shall be deposited in the Capital Projects Fund to the credit of the Board of Education, "Mechanical /Electrical- Various Schools, 2010 ", Bond Authorization Account No. 3998 -97, and shall be used for the class of objects or purposes specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City pursuant to this Bond Resolution, in the maximum amount of $1,700,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The buildings to be reconstructed are of at least Class "A" construction, as defined by Section 11.00 a.11 (a) of the Law and the period of probable usefulness applicable to the class of objects or purposes which the bonds authorized by this resolution are to be issued, within the limitations of Section 11.00 a. 12.(a)(1) of the Law, is twenty -five (25) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a)Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. Introduced: Message of Necessity That pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient conduct of City business. Byron W. Brown Mayor Andrew A. Sanfilippo Comptroller PASSED AYES -9 NOES -0 NO. 120 BY: MR. KEARNS INCREASED APPROPRIATION POLICE DEPARTMENT That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, an appropriation in the Police Department - Annual Salary for the current fiscal year, be and the same hereby is increased in the sum of $32,490. The increased appropriation will be met from an increase in the revenue estimate for the Grant Reimbursement. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for the account: From: Police Grant Reimbursement 10200030 - 380101 To meet the increased appropriation as set forth below: TO: Police Department 12021001 - 411001 Annual Salary REFERRED TO THE COMMITTEE ON FINANCE. NO. 122 INCREASED APPROPRIATION STRATEGIC PLANNING AND PUBLIC WORKS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Strategic Planning and Public Works for the current fiscal year, be and the same hereby is increased in the sum of $600,000. The increased appropriation will be met from money in the account Restore NY PH2 Iry NYS. That, the Comptroller be and hereby is authorized and directed to transfer $600,000 from the account Restore NY PH2 Iry NYS to meet thi increased appropriation as detailed below: From: 10700090 391030 Transfer from the Capital Projects Fund $600,000 TO Strategic Planning - Other Services 10309006 - 480000 $300,000 Public Works - Other Contractual 13090006 - 434000 $300,000 PASSED AYES -9 NOES -0 NO. 121 BY: MR. KEARNS TRANSFER OF FUNDS DEPARTMENT OF PUBLIC WORKS That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $300,000 be and the same is hereby transferred from Public Works, Engineering and said sum is hereby reappropriated as set forth below: From: Public Works - Engineering 13112006 - 490000 Freeze Account $300,000 To: Public Works - Buildings 13296005 - 461105 Janitorial Supplies $15,000 13296005 - 466000 Building Supplies $60,000 13296006 - 443200 Building Repairs $225,000 PASSED AYES -9 NOES -0 NO. 122 INCREASED APPROPRIATION STRATEGIC PLANNING AND PUBLIC WORKS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Strategic Planning and Public Works for the current fiscal year, be and the same hereby is increased in the sum of $600,000. The increased appropriation will be met from money in the account Restore NY PH2 Iry NYS. That, the Comptroller be and hereby is authorized and directed to transfer $600,000 from the account Restore NY PH2 Iry NYS to meet thi increased appropriation as detailed below: From: 10700090 391030 Transfer from the Capital Projects Fund $600,000 TO Strategic Planning - Other Services 10309006 - 480000 $300,000 Public Works - Other Contractual 13090006 - 434000 $300,000 PASSED AYES -9 NOES -0 NO. 123 BY MR. KEARNS AND MY FRANCZYK HOME RULE MESSAGE REQUESTING THE NEW YORK STATE ASSEMBLY TO PASS BILL A9961 AND THE NEW YORK STATE SENATE TO PASS BILL S6862 TO AMEND THE LOCAL FINANCE LAW IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO WHEREAS: Bill A9951 has been introduced in the New York State Assembly and Bill $6862 has been introduced in the New York State Senate; and WHEREAS: The purpose of these bills are to extend authorization for the private sale of bonds and notes by the City of Buffalo for a period of time beginning on June 30, 2010 and ending on June 30, 2011; and WHEREAS: Without passage of these bills in the New York State Legislature, Section 54.30 of the Local Finance Law will expire on June 30, 2010; and WHEREAS: This law has already proven its usefulness by giving the City of Buffalo a valuable tool to provide expeditious funding to projects which require immediate attention and an extension of one (1) year would provide the City with additional financial flexibility when addressing its capital funding needs; and WHEREAS: If the New York State Legislature is to consider these bills, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded to the appropriate New York State Legislature Home Rule Counsels. NOW THEREFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests that the New York State Legislature approve Assembly Bill A9951 and Senate Bill $6862 so as to extend for One (1) year authorization for the private sale of bonds and notes by the City of Buffalo; and BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of the Home Rule Request to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to the Office of New York State Assembly Member Robin S chimminger, 35 14 Delaware Avenue, Kenmore, NY 14217; and one (1) copy of this Resolution and one (I) completed copy of the Home Rule Request to the Office of New York State Senator Antoine M. Thompson, Walter J. Mahoney State Office Building, 65 Court Street, Room 213, Buffalo, NY 14202. ADOPTED NO. 124 SPONSOR: MR. LOCURTO NATIONAL LEAGUE OF CITIES' PRESCRIPTION CARD PROGRAM Whereas The National League of Cities (NLC) is the oldest and largest national organization representing municipal governments throughout the United States; and Whereas The NLC's mission is to strengthen and promote cities as centers of opportunity, leadership, and governance; and Whereas: The City of Buffalo is currently a dues - paying member of the NLC; and Whereas The NLC is currently offering a free prescription card program to member cities; and At the end of 2009, the City of Buffalo began participating in said program; and Whereas The NLC and its partnership organization, CVS Caremark, are seeking to increase outreach about the prescription card program; and Whereas The NLC and CVS Caremark are willing to provide prescription cards to the City for distribution in a mass mailing; and Whereas The City of Buffalo Division of User Fee distributes bills and other pertinent information to homeowners quarterly; and Whereas The prescription cards being provided will be altered in dimension and weight as to not add to the cost of postage; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo pledges to work with the NLC, CVS Caremark, and Division of User Fee to supply prescription cards in a future mailing from the Division of User Fee; and Now, Therefore, Be It Further Resolved: That a copy of this communication be delivered to the Division of User Fee. ADOPTED NO. 125 SPONSORS: MR. LOCURTO & MR. SMITH SUPPORT FOR THE PARKSIDE COMMUNITY ASSOCIATION'S APPLICATION TO NEW YORK STATE MAIN STREET PROGRAM Whereas The Parkside Community Association (PCA), a 501 c3 not - for - profit, is the largest membership -based community association in the City of Buffalo; and Whereas Since 1963, the PCA has successfully implemented numerous programs that have contributed to the security and stability of the neighborhood, including a summer arts program for children, the restoration of two vacant buildings along major commercial stretches, and assistance of homeowners with property improvements through low- interest loans; and Whereas Disinvestment, abandonment, neglect, and economic decline have led to the need for revitalization of the Main Street Corridor; and Whereas The New York State Division of Housing and Community Renewal (DHCR) is currently offering funding under the Main Street Program to revitalize commercial corridors; and Whereas The PCA is applying for funds from DHCR for the rehabilitation of Main Street from Florence to Leroy Avenues; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve and endorse the application of the Parkside Community Association for a grant under the New York State Street Main Street Program; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo is committed to the redevelopment of the Main Street Commercial Corridor and supports the application of the Parkside Community Association for New York Street Main Street funds as a part of the overall Main Street revitalization effort. ADOPTED BY: MR. LOCURTO; MR. FRANCZYK; 0 1 WNptl RE: ORDINANCE AMENDMENT CHAPTER 175, FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: § 175 - 1. Enumeration of Fees The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common Council from time to time. Code Chapter Section. TVDe of Application. Permit or License Fee Parks and Other Open Spaces (Last Amended 4 -1- Chapter 309 2003, effective 4 -9 -2003) § 309- 28,Use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. FEES AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON FINANCE NO. 127 SPONSOR: DAVID RIVERA CO- SPONSORS: JOSEPH GOLOMBEK, MICHAEL LOCURTO, CURTIS HAYNES ELMWOOD VILLAGE ASSOCIATION'S MAIN STREET PROGRAM APPLICATION WHEREAS, The New York Main Street program is administered by the NYS Office of Community Renewal and provides financial resources and technical assistance to communities to strengthen the economic vitality of traditional commercial districts and neighborhoods; and WHEREAS, The NYMS program provides funds from the New York State Housing Trust Fund Corporation (HTFC) to not - for - profit organizations, such as the Elmwood Village Association, that are committed to revitalizing mixed -use neighborhood commercial districts; and WHEREAS, The Elmwood Village Association has applied to this program in the past with great success, utilizing the funds to improve the visual appeal and atmosphere of Elmwood Avenue while encouraging economic investment and contributing to the economic vitality of the neighborhood; and WHEREAS The Elmwood Village Association has prepared a grant request to the New York Main Street program in the amount of $400,000 that will assist with much needed improvements to residential and commercial units as well as building facades along Elmwood Avenue between Summer Street and North Street. NOW, THEREFORE, BE IT RESOLVED THAT The City of Buffalo Common Council fully supports the Elmwood Village Association's grant application to the New York Main Street Program for $400,000 in grant funding; AND BE IT FURTHER RESOLVED THAT the Association's grant request will greatly enhance the shopping and living environment of the Elmwood Village and help foster further economic growth within this important West Side neighborhood. ADOPTED NO. 128 SPONSOR: DAVID A. RIVERA PROCLAMATION THE SAVE THE WATERFRONT COALITION Whereas the Save the Waterfront Coalition was formed in December 2009, after Kaleida Health announced the potential closing of the Waterfront Nursing Facility; and Whereas the "Waterfront Coalition" is comprised of several West Side, City of Buffalo, and Western New York organizations, including Hispanics United of Buffalo, 1199 SEIU, Coalition for Economic Justice, PUSH Buffalo, Hispanic Alliance, West Side Community Services, Father Belle Center, Holy Cross Roman Catholic Church, Hispanic Women's League, WNY Hispanic Friends Civic Association, Asbury Shalom Zone, Hispanic Pastors Association, VOICE Buffalo, Grupo Ministerial, Los Tainos; WNY Puerto Riean Parade Committee; and Whereas the Waterfront Coalition joined together to bring awareness of the possible closing of Waterfront as well as the issues affecting urban nursing homes; and Whereas the Waterfront Coalition organized a town hall meeting with State Assembly members and Senators, and members of the great Waterfront facility community, including residents of the facility, their families, West Side residents, and local elected officials; and Whereas the work of the Waterfront Coalition spurred several actions, including a piece of legislation Assembly member Schroeder introduced in the State Assembly to address the issues of Medicaid reimbursement rates; and Whereas the Waterfront Coalition collected and sent over 1,000 postcards to Governor Paterson, asking him to weigh in on the fate of the Waterfront facility and keep its doors open; and Whereas the Waterfront Coalition organized with Councilmember David Rivera to get this honorable body to pass a resolution in support of Waterfront Nursing Facility; and Whereas the Waterfront Coalition is a great example of community organizations coming together around a shared cause and goal; NOW, THEREFORE, BE IT RESOLVED: That the Buffalo Common Council honors the tremendous work of the Save the Waterfront Coalition and its member organizations in their fight to keep the Waterfront Nursing Facility open and bring attention to the issue of Medicaid reimbursement for urban, Western New York nursing homes and facilities. ADOPTED NO. 129 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to Department of Public Works, Parks & Streets is hereby amended to read: From: 13090006 434000 Other Contracts $17,108 To 14211001 - 411001 Salary $17,108 1 Program Coordinator IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & RECREATION AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. We, BYRON W. BROWN, Mayor and ANDREW A. SANFILIPPO, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the addition of these positions set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON FINANCE BY COUNCIL MEMBER SMITH, KEARNS NO. 130 CREATION OF A LEAK ABATEMENT PROGRAM IN THE CITY OF BUFFALO WHEREAS, City of Buffalo residents are already enduring difficult economic times and are now also faced with a 21% water rate increase over a 3 year period; and WHEREAS, Any measure that can be taken to ensure that property owners are being billed fairly and accurately for their actual water consumption should be implemented; and WHEREAS, Wilmington, N.C., Omak, WA, Geneva, OH., and several other cities throughout the country have adopted Leak Abatement Policies in an effort to provide some monetary relief to persons who have experienced a water leak, by adjusting their utility bill accordingly; and WHEREAS, A Leak Abatement Policy is intended to provide a basis for granting an abatement to property owners who have encountered a loss of water due to an unknown and unobserved leak, and as such experienced exorbitant water bills. NOW, THEREFORE BE IT RESOLVED, That the Common Council directs its staff to forward copies of this resolution to the Buffalo Water Board and Buffalo Water Finance Authority for their review; and NOW, THEREFORE BE IT FURTHER RESOLVED, That the Common Council respectfully requests that the Buffalo Water Board and Buffalo Water Finance Authority, upon review of this resolution, file their comments on the feasibility of enacting a policy by which residents may have exorbitant water bills reviewed an— the portion of such bills attributable to unknown and unobserved leaks potentially abated, with the City Clerk for review by the Common Council. ADOPT 1st RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ONFINANCE BY: DEMONE A SMITH NO. 131 APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo • John A. Anthony • Ginette G. Schinas • StephanieA. McAuley • Kimberly Breidenstein • Sean C. Forney • Jamie L. Johnson • Dexter Frank TOTAL 7 ADOPTED NO. 132 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Reaular Committees Committee on Civil Service Tuesday, April 6, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, April 6, 2010 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, April 6, 2010 at 1:00 o'clock P.M Committee on Legislation Tuesday, April 6, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 133 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell the Council adjourned at 3:20 PM GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #3 Office of the Mayor -201 City Hall March 18, 2010 Present: David A. Franczyk, Council President David Rodriguez, Acting Corporation Council Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of March 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Rodriguez the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.