Common Council Meeting -- 05.20.2026
Regular MeetingUtica, NY · May 20, 2026
Agenda
Submitted to council by: Law Department Proposed Ordinance No. __
Submitted to council on: 05 / 07 / 2026 Proposed Resolution No. 1
Sent to Council Attorney on: 05 / 07/ 2026 Thursday Rule Waiver Required?
Date of Legislation: 05 / 20 / 2026 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
RESOLUTION APPROVING RAILROAD LAW APPLICATION FORM
WHEREAS, the City of Utica desires to discontinue an at-grade railroad crossing that
crosses Sickenberger Lane in the City of Utica; and
WHEREAS, the discontinuance of this crossing requires that the City of Utica apply to
the New York State Department of Transportation, pursuant to Railroad Law § 91, for approval.
NOW, THEREFORE, BE IT RESOLVED, that the City of Utica Common Council
approves the discontinuance of the at-grade railroad crossing that crosses Sickenberger Lane in
the City of Utica.
BE IT FURTHER RESOLVED, that Railroad Law Application Form is hereby approved
in substantially the same form as attached hereto.
BE IT FURTHER RESOLVED, that the Mayor of the City of Utica is authorized to
execute this application and any other documents necessary to effectuate the intent of this
resolution.
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Urban Proposed Ordinance No.
Submitted to council on: 05 / 07 / 26 Proposed Resolution No. 2
Sent to Council Attorney on: 05 / 07 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
RESOLUTION TO APPROVE AND ENDORSE THE CITY’S NY PLAYS APPLICATION FOR THE MLK
DREAM PARK IN CORNHILL
WHEREAS, Governor Hochul announced the New York Places for Learning, Activity, and Youth
Socialization (NY PLAYS) Initiative to support the design, construction, and renovation of Playgrounds that are
open to the public in communities across the State;
WHEREAS, NY PLAYS is overseen by the New York State Office of Parks, Recreation and Historic
Preservation (NYS OPRHP) and administered by the Dormitory Authority of the State of New York (DASNY);
WHEREAS, eligible municipalities and not-for-profit entities are invited to apply for NY PLAYS Grants for
Playground projects;
WHEREAS, the City is proposing to submit an application to fund a new playground to be installed at Martin
Luther King, Jr. Dream Park on the corner of South and West streets in order to replace Miller Street Playground,
which will be deactivated and demolished to accommodate the new THRIVE Impact Center;
WHEREAS, the City is requesting up to $438,000 in funding from DASNY with the required twenty percent
match being provided for by CDBG funding; and
WHEREAS a formal resolution supporting the application is required by OPRHP and DASNY.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Utica hereby does
approve and endorse the submission of a grant request by the City under the NY PLAYS program to fund a
new playground in MLK Dream Park in Cornhill.
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Urban Proposed Ordinance No.
Submitted to council on: 05 / 07 / 26 Proposed Resolution No. 3
Sent to Council Attorney on: 05 / 07 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-
Testa, LoMedico
AUTHORIZING SALE OF BEER AND WINE AT THE RUST BELT REGATTA POST-RACE PARTY
WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages
is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common
Council, except in certain instances where permission is granted by the Common Council.
BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-
43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to:
Name of Sponsor: Greater Utica Chamber of Commerce, F.X. Matt Brewery
Name of Event: Rust Belt Regatta Post-race Party
Date of Event: Saturday, September 20, 2026, 2PM to 7:30PM
Location of Event: Utica Harbor
BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and
holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the
activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of
not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such
insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted
activity
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Urban Proposed Ordinance No.
Submitted to council on: 05 / 07 / 26 Proposed Resolution No. 4
Sent to Council Attorney on: 05 / 07 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-
Testa, LoMedico
AUTHORIZING SALE OF BEER AND WINE TO SANTA ROSALIA SOCIETY
WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages
is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common
Council, except in certain instances where permission is granted by the Common Council.
BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-
43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to:
Name of Sponsor: Santa Rosalia Society
Name of Event: Santa Rosalia Feast
Date of Event: Saturday, August 29th 2026 3PM to 11PM
Sunday, August 30th 2026 9AM to 3PM
Location of Event: 300 Block of Mohawk Street
Utica NY 13501
BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and
holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the
activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of
not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such
insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted
activity
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: City Clerk Proposed Ordinance No.
Submitted to council on: 05 / 14 / 26 Proposed Resolution No. 5
Sent to Council Attorney on: 05 / 14 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmember Samantha Colosimo-Testa
HONORING THE LIFE AND SERVICE OF THALEA HUNTER
WHEREAS, the City of Utica and the City of Utica Clerk’s Office mourn the heartbreaking loss of Thalea Hunter,
a truly remarkable woman whose compassion, generosity, and dedication touched countless lives throughout our
community; and
WHEREAS, Thalea devoted 28 years of faithful service to the citizens of Utica through her work at City Hall,
retiring only to later return part-time because helping others was not simply her profession, but who she was at her
core; and
WHEREAS, Thalea served as a clerk and event coordinator for the many citizens and organizations who came to
City Hall to plan events throughout the City of Utica, always offering guidance, patience, and a welcoming smile,
and further took on the role of Deputy Registrar of Vital Statistics from December 2005 through 2018, a position
requiring extraordinary compassion, patience, and strength, where she provided exceptional care and assistance to
funeral directors, grieving families, and members of the public during some of life’s most difficult moments; and
WHEREAS, despite the emotional nature of her work at times, Thalea greeted everyone with warmth, kindness,
and a smile that brought comfort to so many; and
WHEREAS, Thalea was selfless in every aspect of her life, always willing to give of herself to anyone in need,
whether through charitable work, assisting with galas and fundraisers, creating raffle baskets without hesitation,
volunteering her weekends to help friends, or dedicating her time and talents to organizations such as the Humane
Society and others throughout the community; and
WHEREAS, her generosity, unwavering spirit, and love for others left an immeasurable impact on all who had the
privilege of knowing her, and her absence will be deeply felt not only within City Hall, but throughout the City of
Utica; and
WHEREAS, it is fitting that the City recognize and honor Thalea’s extraordinary legacy of service, compassion,
and commitment to others;
NOW, THEREFORE, BE IT PROCLAIMED, that the Common Council and the City of Utica hereby honor the
life, service, and memory of Thalea, with profound gratitude for her years of dedication and with deepest sympathy
to her family, friends, coworkers, and all those whose lives she touched.
BE IT RESOLVED, THAT THIS resolution be inscribed upon the minutes of the Common Council Meeting on
May 20th, 2026.
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Clerk’s Office Proposed Ordinance No.
Submitted to council on: 05 / 15 / 26 Proposed Resolution No. 6
Sent to Council Attorney on: 05 / 15 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-
Testa, LoMedico
AUTHORIZING SALE OF BEER AND WINE FOR THE JULY 4th CELEBRATION
WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages
is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common
Council, except in certain instances where permission is granted by the Common Council.
BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-
43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to:
Name of Sponsor: The Utica Center for Development
Name of Event: Utica July 4th Celebration at Harbor Point
Date of Event: Saturday July 4th 2026, 5PM to 10:00PM
Location of Event: Utica Harbor
BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and
holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the
activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of
not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such
insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted
activity
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Board of E&A Proposed Ordinance No. 7
Submitted to council on: 05 / 12 / 26 Proposed Resolution No.
Sent to Council Attorney on: 05 / 12 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
E & A Transfer – FY 2025-2026
BE IT ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make
the following transfer of funds:
Submitted to council by: Law Proposed Ordinance No.
Submitted to council on: 05 / 17 / 26 Proposed Resolution No. 8
Sent to Council Attorney on: 05 / 17 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Councilmembers: LoMedico. Colosimo-Testa
ORDINANCE WAIVING RESIDENCY
REQUIREMENT FOR THE POSITION
OF PARKS MASON
WHEREAS, the City has conducted an extensive search and advertisement for the position of Parks
Mason and is having difficulties finding qualified and hard-working candidates; and
WHEREAS, Mr. Putrelo, Jr. would be an asset to the department, as he is very eager to learn and
ambitious; and
WHEREAS, the individual currently resides in Marcy, New York; and
WHEREAS, Mr. Putrelo, Jr. would like to continue to reside outside the City limits; and
WHEREAS, §2.045(b) of the Utica City Charter authorizes the Common Council by ordinance to waive
the residency requirement in certain situations; and
NOW, BE IT ORDAINED, pursuant to §2.045(b) of the Utica City Charter, and for the reasons cited
above, the Common Council of the City of Utica hereby waives the residency requirement provided for therein to
permit the appointment of Louis Putrelo, Jr., of Morgan Road, Marcy, New York, to the position of Parks Mason in
the City of Utica.
FURTHER ORDAINED, this waiver applies to this individual in this position only, and will not be
applicable to any future applicants for the position, unless otherwise determined by the ordinance of the Common
Council.
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Clerk’s Office Proposed Ordinance No.
Submitted to council on: 05 / 15 / 26 Proposed Resolution No. 9
Sent to Council Attorney on: 05 / 15 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers Aiello, Burmaster, Betar, Carcone, Ervin, Betrus, Wasielewski, Colosimo-
Testa, LoMedico
AUTHORIZING SALE OF BEER AND WINE TO MUSON AND BTS CATERING
WHEREAS, the sale of alcoholic beverages and possession of an open container containing alcoholic beverages
is prohibited on Utica city streets, sidewalks, playgrounds, parks, and right-of-way by Ordinance of the Common
Council, except in certain instances where permission is granted by the Common Council.
BE IT RESOLVED, that permission to sell beer and wine and exemption from the provisions of Section 2-15-
43, subdivisions (c) (1), (2), and (3) regarding open containers of alcoholic beverages is granted to:
Name of Sponsor: Munson/BTS Catering
Name of Event: 2026 Summer Arts Festival
Date of Event: Friday July 17th 2026, 7PM to 9PM
Saturday July 18th 2026, 7PM to 9PM
Location of Event: Munson
310 Genesee Street
Utica NY 13501
BE IT FURTHER RESOLVED, that this permit is conditioned upon the permittee defending, indemnifying and
holding harmless the City of Utica, its agents and employees, from any liability allegedly occurring as a result of the
activities authorized herein, and providing liability insurance, naming the City of Utica as an insured in the amount of
not less than $1,000,000.00 for general liability and $1,000,000.00 for liquor liability. A certificate showing such
insurance to be in full force and effect shall be filed with the Corporation Counsel before undertaking the permitted
activity
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Law Department Proposed Ordinance No.
Submitted to council on: 05 / 20 / 26 Proposed Resolution No. 10
Sent to Council Attorney on: 05 / 20 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
RESOLUTION APPROVING SUBRECIPIENT AGREEMENT
FOR THE DISTRIBUTION OF ONEIDA COUNTY’S AWARD
UNDER NYS DISCOVERY REFRM GRAN PROGRAM FOR
STATE FISCAL YEAR 2023-2024
WHEREAS, Oneida County has received an award from NYS Division of Criminal Justice Services under
its Criminal Discovery Reform Grant Program, to provide the County with funding to support local law enforcement
agencies by reimbursing them for costs incurred which are related to their implementation of criminal discovery and
pretrial/bail reform; and
WHEREAS, in support of the Award, Oneida County submitted a funding plan which was developed in
collaboration with local stakeholders and designates the intended distributes, including the City of Utica; and
WHEREAS, the City of Utica is the recipient of Thirty Thousand ($30,000.00) Dollars under this
Agreement for overtime costs; and now
BE IT RESOLVED the Common Council of the City of Utica hereby authorizes and approves acceptance
of the proposed Agreement in substantially in the same form as attached hereto.
FURTHER RESOLVED that the Mayor is authorized to execute this Agreement and any other documents
necessary to effectuate the intents of this resolution.
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Law Department Proposed Ordinance No. 11
Submitted to council on: 05 / 20 / 26 Proposed Resolution No.
Sent to Council Attorney on: 05 / 20 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
ORDINANCE AUTHORIZING PURCHASE
OF 37 MEADOW STREET
WHEREAS, the Administration has negotiated an agreement to acquire the 37 Meadow Street
from JCI Jones Chemical, more fully described on the attached Exhibit A (4. 037 Acres), and
WHEREAS, the property is being acquired for municipal/ public purposes and benefit, and
WHEREAS, such a purchase is subject to the approval of the Common Council;
NOW THEREFORE BE IT ORDAINED, the Common Council of the City of Utica hereby
authorizes and approves the acquisition of property described below substantially upon the terms and
conditions as set forth in the attached Purchase and Sale Agreement (Attached).
FURTHER ORDAINED, that the Mayor is authorized to execute any agreements and perform
such further acts as may be necessary to implement this Ordinance.
FURTHER ORDAINED, the property to be acquired and the price to be paid therefore is;
37 Meadow Street, as described on the attached Exhibit A, for the purchase price of $75,000.00.
MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY
1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE:
2 R. Burmaster 7 H. Wasielewski AYES _______ NAYS _______
3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2026
4 F. Carcone 9 J. LoMedico
5 V. Ervin 10 R. Giruzzi
Submitted to council by: Board of E&A Proposed Ordinance No. 12
Submitted to council on: 05 / 12 / 26 Proposed Resolution No.
Sent to Council Attorney on: 05 / 12 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
E & A Transfer – FY 2025-2026
BE IT ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make
the following transfer of funds:
Submitted to council by: Board of E&A Proposed Ordinance No. 13
Submitted to council on: 05 / 12 / 26 Proposed Resolution No.
Sent to Council Attorney on: 05 / 12 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
E & A Transfer – FY 2025-2026
BE IT ORDAINED, that the Comptroller for the City of Utica is hereby authorized and directed to make
the following transfer of funds:
Submitted to council by: Budget Director Proposed Ordinance No. 14
Submitted to council on: 05 / 20 / 26 Proposed Resolution No.
Sent to Council Attorney on: 05 / 20 / 26 Thursday Rule Waiver Required? N
Date of Legislation: 05 / 20 / 26 Explanation provided to council on: / /
________________________________________________________________________________________________________________________________________
CITY OF UTICA
Department of Legislation
Common Council
Sponsored by: Councilmembers LoMedico, Colosimo-Testa
BOND ORDINANCE DATED MAY 20, 2026
BOND ORDINANCE AUTHORIZING THE ISSUANCE OF
$850,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA
COUNTY, NEW YORK TO FINANCE THE PURCHASE OF
POLICE DEPARTMENT VEHICLES
WHEREAS, all conditions precedent to the financing of the capital projects described
below, including compliance with the provision of the State Environmental Quality Review Act,
have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; NOW
THEREFORE, BE IT
ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as
follows:
Section 1. The City of Utica, Oneida County, New York (the "City") is hereby authorized
to undertake the purchase of Police Department vehicles to replace similar vehicles previously in
service for one year or more, at an estimated maximum cost not to exceed $850,000.
Section 2. It is hereby determined that the estimated maximum cost of the aforesaid class
of objects or purposes is $850,000, said amount is hereby appropriated therefor and the plan for
the financing thereof shall consist of the issuance of $850,000 in serial bonds (the “Bonds”) of the
City which are hereby authorized to be issued pursuant to this ordinance and the provisions of the
Local Finance.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is three (3) years pursuant to paragraph 77 of Section 11.00(a) of the
Local Finance Law.
Section 4. Any federal or New York State grant funds received by the City for the
capital purposes described in Section 1 of this resolution shall be applied to pay the principal of
and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds, or to
the extent obligations shall not have been issued under this resolution, to reduce the amount to be
borrowed for such capital purposes. The City Comptroller, as Chief Fiscal Officer, is hereby
authorized to determine the allocation of any such federal or New York State grant funds for any
one or more of the foregoing purposes.
Section 5. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are
not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in
anticipation of issuance of the Bonds.
Section 6. The temporary use of available funds of the City, not immediately required for
the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby
authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described
in Section 1 of this Ordinance.
Section 7. The Bonds and any bond anticipation notes issued in anticipation of the Bonds,
shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the
Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general
obligations of the City, payable as to both principal and interest by a general tax upon all the real
property within the City without legal or constitutional limitation as to rate or amount. The faith
and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of
and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and
provision shall be made annually in the budget of the City by appropriation for (a) the amortization
and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the
payment of interest to be due and payable in such year.
Section 8. Subject to the provisions of this Ordinance and of the Local Finance Law, and
pursuant to the provisions of Sections 21.00, 30.00, 50.00, and 56.00 to 63.00, inclusive, of the
Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in
anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such
notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond
anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes
issued in anticipation of the issuance of the Bonds, including sale by electronic bidding, and the
power to issue bonds providing for substantially level or declining annual debt service, is hereby
delegated to the City Comptroller, the Chief Fiscal Officer of the City.
Section 9. This Ordinance shall constitute the declaration of the City's "official intent" to
reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond
anticipation notes authorized herein, as required by United States Treasury Regulation Section
1.150-2.
Section 10. The serial bonds and bond anticipation notes authorized to be issued by this
Ordinance are hereby authorized to be consolidated, at the option of the City Comptroller, the
Chief Fiscal Officer of the City, with the serial bonds and bond anticipation notes authorized by
other Bond Ordinances previously or hereafter adopted by the Common Council for purposes of
sale in to one or more bond or note issues aggregating an amount not to exceed the amount
authorized in such ordinances. All matters regarding the sale of the bonds, including the date of
the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond
anticipation notes with other issues of the City and the serial maturities of the bonds are hereby
delegated to the City Comptroller, the Chief Fiscal Officer of the City.
Section 11. The validity of the Bonds authorized by this Ordinance and of any bond
anticipation notes issued in anticipation of the Bonds may be contested only if:
(a) such obligations are authorized for an object or purpose for which the City 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 Ordinance are not substantially complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty (20) days after the date of such publication; or
(c) such obligations are authorized in violation of the provisions of the Constitution.
Section 12. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized
to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any
bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide
secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12.
Section 13. This Ordinance is not subject to a mandatory or permissive referendum.
Section 14. In the absence of the City Comptroller, the Deputy Comptroller of the City
is hereby specifically authorized to exercise the powers delegated to the City Comptroller.
Section 15. The Common Council hereby determines that the objects or purposes
authorized by this Ordinance constitutes a “Type II Action”, within the meaning of the New York
State Environmental Quality Review Act (the "SEQR Act") and the regulations adopted pursuant
thereto by the New York State Department of Environmental Conservation (the “Regulations”),
and no further environmental review is required under the SEQRA Act and Regulations.
Section 16. This Ordinance, which takes effect immediately, shall be published in full or
summary form in the City’s the official newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
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