https://sleepyhollow.localarchives.org/files/original/ae9ab3b6fd19cf284298a8373d9d8622.pdf 1d8aa42e9d09524c15b2b0a475620970 PDF Text Text <*?/ Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, April 17th at 7:00 P.M. in Village HaU/28 Beekman Avenue, Sleepy Hollow, New York. I Present: Mayor Philip E. Zegarelli Mario DiFelice James J. Hart Patricia M. Rodriquez Robert Higle Donald Stever Trustees Also Present: Dwight H. Douglas, Village Administrator Barbara Napoli, Treasurer Brian Murphy, Village attorney Jerome Fine, Village Engineer At 7:03 p.m. Mayor Zegarelli called the work session to order to review and discuss agenda items. At 9:07 p.m. Mayor Zegarelli called a special meeting of the Board of Trustees to order to consider the following actions: Resolution #7 Beekman Avenue Parking Lot — authorized the Mayor, subject to final review of Counsel, to execute the attached draft easement agreement- offered by Trustee Stever, second Deputy Mayor DiFelice, carried unanimously. Resolution #2 Indemnification -On a motion of Trustee Hart, seconded by Trustee Higle, carried unanimously, the attached resolution and local law was adopted. Resolution #3 Labor Attorney — Trustee Stever made a motion, seconded by Deputy Mayor DiFelice, carried unanimously, that, based on the recommendations of Counsel and the Village Administrator and his own knowledge of the firm's professional qualifications, the proposal af Rains &.Pogrebin to provide certain legal services to the Village dealing with labor issues at an hourly rate as detailed in their April 6th, 2001 (attached hereto) letter proposal be accepted Resolution #4 publish Bid notice — Union Hose Fire Truck—Deputy Mayor DiFelice made a motion that a legal notice be prepared by Counselfor publication soliciting Bid proposals to provide a new Fire Truck to the Village for the Union Hose company, said bid proposals to be received no later than 12 p.m. in Village Hall on June 5", 2001. Trustee Rodriquez seconded the motion which carried unanimously. I �Resolution #5 Ambulance Contract-On motion ofLteputy Mayor DiFelice, seconded by Trustee Rodriquez and carried unanimously, Village Counsel was directed to make final revisions to the proposed Ambulance Contract and to take such other steps as were necessary to clarify said contract to be presented to-the Board of Trusteesfor their action on May ^,2001. At 9;26 p.m. on a motion of Trustee DiFelice, seconded by Trustee Higle, passed unanimously the meeting of the Trustees was adjourned. Respectfully submitted, Dwight H. Douglas Administrator �43 Meeting Date: April 17,2001 Resolution #: 4/ 24i V01 WHEREAS, on February 27, 2001 a resolution was duly adopted by the Board of lrrustees of the Village of Sleepy Hollow to hold a public hearing on March 27,2001 at 8:00 p.m. at 28 Beekman Avenue Sleepy Hollow, New York to hear all interested parties on an amendment to Village Code Section 31, entitled "Indemnification of Employees" which would authorize the Village Board of Trustees to indemnify employees for punitive damages in certain situations, I WHEREAS, notice of said public hearing was duly advertised in the official Newspaper of the Village of-Sleepy Hollow, WHEREAS, said public hearing was duly held on March 27, 2001 at 8:00 p.m. at 28 Beekman Avenue Sleepy Hollow, New York and all parties in attendance were permitted to speak on behalf of or in opposition to said proposed local law, or any part thereof, and • WHEREAS, the Board of Trustees of the Village of Sleepy Hollow, after due deliberation, finds it in the best interest of the Village of Sleepy Hollow to adopt said local law. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow hereby adopts Local Law No. 4 entitled "Indemnification of Employees", and be it further • RESOLVED, that the Village Clerk is directed to enter said Local Law in the minutes of this meeting and in the Code book of the Village of Sleepy Hollow, and to give due notice of the adoption of said Local Law to the Secretary of State of New York. T r u s t e e Hart MOVED: SECONDED: . I _— Trustee Higle ,. — = — f - ^ "6-0 VOTE: — i . �• LOCAL LAW AMENDING CHAPTER 31 OF THE CODE OF THE VILLAGE OF NORTH TARKYTOWN (SLEEPY HOLLOW) PROVIDING FOR INDEMNIFICATION OF EMPLOYEES Chapter 31 of the Code of the Village of North Tanytown (Sleepy Hollow) is hereby amended as follows: . * 1. Replace Section 31 -3. A. with the following (new language underlined): A. Upon compliance by the employee with the provisions of § 31-5 of this local law, the village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court or any administrative action or proceedings arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while* the employee was acting in good faith within the apparent scope of his or her public employment jot duties, or which is brought to enforce a provision of Section'! 981 or 1983 of Title 42 of the United States Code. This duty to provide for a defense shall not arise where such civil or administrative action or proceeding is brought by or on behalf of the Village of North Tanytown. 2. Add a new subsection C to Section 31-3 as follows: Notwithstanding subsection B above, if the claim or cause of action alleged against the employee is within the coverage of any liability insurance policy issued to the village, the employee shall accept representation by counsel selected in accordance with the terms of . such policy. 3. Redesignate subsection C as subsection D. 1 �4. Replace Section 31-4. A. with the following (new language underlined): A. The village shall indemnify and save harmless its employees in the amount of any judgment obtained against such employee in any state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or settlement arose occurred while the employee was acting in good faith within the apparent scope of his or her public employment or duties; the duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. 5. Add a new subsection D to Section 31-4 as follows: The village shall also indemnify and save harmless its employees in the amount of any punitive damages in accordance with the following procedure and such additional procedures as may be established by the Village Attorney: (1) In the event of a final judgment of punitive damages against the employee, the employee shall serve copies of such judgment, personally or by certified or registered mail within 10 days of the date of entry, upon the Village Attorney and upon the Mayor on behalf of the Village Board. The Village Board shall meet as soon as practicable to review, make findings, and determine if all the following conditions have been met and, if so, shall appropriate the funds necessary to pay such punitive'damages: (a) The judgment of punitive damages is based on an act or omission of an employee acting within the scope of his or her employment; - (b) At the time of the action or omission giving rise to the liabiUty, the employee acted without recklessness, without maliciousness, and without gross negligence and otherwise within the standards required for employees holding comparable positions within the village; (c) At the time of the act or omission, the employee acted in good faith and in the best interests of the village; and 2 �I (d) (2) At the time of the act or omission, the employee did not wilfully violate a clearly established provision of law or village policy. Except as otherwise required by federal or state law, deliberations by the Village Board shall be held in executive session and the findings and determination of the "Village Board shall remain confidential. 6. In Section 31-5, line 8, replace the word "state" with the word 'Sillage." 7. Add the following language to the beginning of Section 31-6: Benefits accorded to employees under this section shall be in lieu of and take the place of defense or indemnification protections accorded the same employees by another enactment, including Public Officers Law § 18. I I ; J -fc .1 -S--1- - -* 4_, J- l-.-i ; 5 „,£ J trj-^i-.^V^-^i.v -^-^--^"^<4,r^hJ^-^^*^^^ii^^^^^^W^^^^ �R A I N S & P O G R E B I N , P. C. 210 lERTRAND B. POGREBIN lO.MA M. GLANZER ERENCE M. O'NEiL IR'JCE R. M'LLMAN )AV1D M. W.RTZ .R-JESTR. STOLZER IICHARO K- ZUCKERMAN KCHARO G. KASS <ARKN. RBNHARZ"" 1RAIG R. BENSON >OHN T. BAUER " » H * f l k l . BERLIN' 1-4. MILLER' O L D COUNTRY ROAD M I N E O L A , L O N G I S L A N D , NY 11501 NEW YORK OFFICE: 3 7 3 PARK AVENUE NEWYORrt. NY IOIS3 IZI2I9SO-3S60 (516) 742-1470 TELECOPIER: 15I6> 7 « 2 - l « 7 3 (SIS> 7 4 2 - 4 8 * 5 (5IS> 7 4 2 - 5 3 8 3 WESTCHESTER. ROCKLAND. PUTNAM AND ORANGE COUNTIES (9l4>eSS-6l6S WAWJIAINSLAW.COM HARRY H. RAINS 19*7- I99S •ARAL.EYER JOHN S. HO* VLYCE H. GOOOSTON" "* ALSO W E J O E H O f MA &AA 1 ALSO M E M S E S O f C T BAR GEORGE M. BUCKLEY. JR. April 6,2001 -or COUNSEL WRITERS DIRECT DIAL NUMBER "* ALSO MEvaca OF H J EAS (516)663-5406 Mayor Philip E. Zegarelli Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Dear Mr. Zegarelli: This will confirm your retention of the law firm of RAINS & POGREBIN, P.C., ^pv professional services at a reduced hourly rate of Two Hundred Seventy-Five ($275) •>ollars per hour for my time; Two Hundred Twenty-Five ($225) Dollars per hour for any Bpher partners time; and One Hundred Seventy-Five ($175) Dollars per hour for associates' time. It is understood that adjustments in our regular hourly rates are generally made annually in January to reflect the advancing experience, capabilities and seniority of our professionals as well as general economic factors. Time records will be submitted and payments will be due on a monthly basis. Printouts of how the actual time was expended will also be provided with the bills. The Village-shall- advise RAINS & POGREBIN-, P.OT ofany difference^ may-have with any invoices within 30 days of receipt of the invoice. The Village shall pay the undisputed portion of any invoice within 30 days of receipt of such invoice. ~The~V11ia^will^o^eTL^oTKiWe^^ costs a Such costs and expenses will include charges for messenger services, emergency secretarial overtime, photocopying, court fees, travel expenses, postage for large mailings, long distance telephone, computerized legal research, investigative work and other charges customarily invoiced by law firms in addition to fees for legal services. I �n Mayor Philip E. Zegarelli April 6, 2001 Page 2 The Village may discharge us at any time. We may withdraw at any time with the Village's consent or for good cause without the Village's consent. Good cause includes the Village's breach of this agreement (including the Village's failure to pay any statement when due), refusal or failure to cooperate with us, or any fact or circumstance that would render our continuing representation unlawful or unethical. This constitutes the entire understanding between us regarding our engagement. By executing this agreement you acknowledge that you have read carefully and understand all of its terms. The agreement cannot be modified except by further written agreement signed by each party. If you have any questions about the foregoing, please call me. If you are in agreement with the foregoing and it accurately represents your understanding of the Village's retainer with us, please execute the enclosed copy of this letter and return it to me and retain a signed copy for your records. If not, kindly contact me immediately. Kindly attach for our records a copy of the Board minutes containing the Resolution authorizing this retainer. We look forward to working with the Village again. Very truly yours, RAINS & POGREBIN, P.C. Terence M. O'Neil AGREED & ACCEPTED /? �c2f 04/12/2801 19:02 9146743B68 MSP BPR-12-01 02136 PM CHADBOURNE.ONEILL,el-al. 9 1 * 923 8499 __ PAGE G4/12 P. 0 3 ' $ » EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made this day of. 2001, by and between the VILLAGE OF SLEEPY HOLLOW, MEW YORK, a municipal . ;f.-| iif • j:'e corporation having offices at 28 Bcckman Avenue, Sleepy Hollow, New York 10501 (hereinafter "Grantor"), and 281 NORTH BROADWAY CORP., a Domestic corporation, having offices at 281 North Broadway, Sleepy Hollow, New York 10591 1 (hereinafter "Graniee'*)- m WITNESSETH: £5= -- .* *- +i .* I. In consideration of the sum of One (SI.00) Dollar and other valuable consideration, die receipt of which is hereby acknowledged, Grantor does hereby grant „.-!v. -.* and convey to Grantee its legal representatives, successors and assigns a right of way and. easement, as described below, for the purposes vof ingress and egress to and from Grantee's property known and described as 15-14-16 and 15-14-14 on the Tax Map of •m the Village of Sleepy Hollow and 115-11-4-36 and 115-11-4-35 on the Tax Map of the -*. :r, m m Town of Ml. Pleasant and for the laying, constructing, installing, maintaining, operating, 6.1*. altering, repairing, changing the size of. replacing, removing and/or use of lines and • pipelines (with fittings, tie-overs, valves, and all appliances appurtenant thereto and * * ! & * w ,• -."•t*ji necessary for such lines and pipelines) underground or above ground in the easement K' area for the use and transportation by Grantee, its legal representatives, successors and m assigns of natural gas, water, sewer, electricity, telephone and cable within the easement VvSf area described herein and under, over and across the lands of Grantor, situated in the I Village of Sleepy HoHow, County of Westchester and State of New York, as more specifically described on Schedule "A" annexed hereto, feu-. 1 ? Hi �^o OPR-12—01 02S3? Ptl CHflDBOURNE.ONEILL<et.al «»l«t 923 8499 KAbt 00/ VI P.04 2. In addition to the easement as set forth herein. Grantee is granted an additional temporary easement, as needed by Grantee, to facilitate the laying, construction, installation, maintenance, operations, alterations, repair, changing the size of, replacing and/or removing such gas, electric, telephone, cable, sewer and water lines underground or above ground in the easement area. The temporary easement shall extend ten (10) feet on both sides of the easement described on the annexed Schedule "A" and shall have a duration coextensive with the actual laying, construction, installation, maintenance, operations, alterations, repair, changing the size of, replacing or removing of the gas, electric, telephone, cable, sewcrand water lines with a reasonable time for set up and breakdown prior and subsequent to said laying, construction, installation, maintenance, operations, alterations, repair, changing the size of, replacing, and/or SsSJi* removing. SI:.1' 3. Grantee shall have all privileges convenient forthe full use of the rights herein granted, together with the right of ingress and egress, over land of the Grantor, to the easement premises. 4. Grantor agrees that no excavation, change of grade or water impoundment will be made on and no structures, fences, trees, dwellings or other obstructions will be erected, placed or allowed on the easement area, without the prior written consent of Grantee. Grantee shall have the right lo cut and keep dear all trees, brush and. othej jAjyuciions _on tie easement herein granted which, nay _endiirjger_or . interfere with the Grantee's ingress and egress as staled in paragraph number I above and the laying, construction, installation, operation, maintenance, alterations, repair, changing �04/12/2801 fiPR-12-ei 19:02 02:37 91467436G8 PM 3/ MSP CHADBOURHE,ONEILL,ei.al. 914 925 8495 PAGE 0 6 / 1 2 P . ©a the size of, replacing, removing and/or use of the lines and pipeline or any appurtenances *m thereto. 5, Grantee shall be responsible for all costs and expenses in connection ?£-' with the laying, constructing, maintaining, altering, repairing, changing the size of, replacing or removing the said pipeiine(s). Grantee shall post a performance bond of Fifty Thousand Dollars ($50,000) with Grantor prior to commencement of any work as a m performance guarantee for all conditions detailed herein. Grantee agrees that upon completion of any work, it shall restore all disturbed areas, pursuant to the specification set for in the annexed Scheduled "B", at the sole expense of the Grantee Grantor shall retain 20% of the performance bond for a one year period after completion of site restoration work. Said bond will be fully released at the end of this time or utilize to correct settlement or other defects in workmanship. If any alleged correction, settlement • # - sii" or other defects in workmanship are found, Grantor agrees to first give Grantee ten (10) business days notice to cure said defects specifically detailed and itemized in said notice. The Grantor shall have no obligation or responsibility wliatsocver to maintain the pipeline and appurtenances instalted in the easement area. 6, Grantee agrees to give Grantor notice, in writing, no less than ten days prior to the commencement of work for the Initial laying of the pipelinefs). All work shall be conducted in a manner which does not interfere with the Village's use of the remainder of the Village property which is not part of the easement or temporary easement, and tbat prior to conducting any work, the Grantee shall provide the performance bond detailed above and proof of insurance, naming the Village as an additional insured, satisfactory to the Grantor in the manner then currently used by the I :M �^a I HAUt 12-01 02:38 Ptl CHADBOURNE. OHEILL, ot . a I . 914 923 S499 07/12 0 6 P. r: Grantor in other construction projects. Grantee is authorized and empowered to post -:rt.-v! signs in said easement and temporary easement area notifying persons not to park and that parked vehicles will be towed at vehicle owner's expense and 10 have such vehicles ticketed for trespass and/or towed at option ef Grantee during the period commencing twelve hours before work is scheduled to commence and ending after work has been w completed and a!! construction equipment and materials removed. Pi'' V.- = 7. Grantee shall defend, indemnify and hold the Grantor, its boards, officers and employees free and harmless from and against any and all claims, liabilities, 3 damages, suites, actions, proceedings, losses, demands and costs (including reasonable I attorneys fees) arising out of or relating to damages resulting from the construction, installation, use or operation of the pipeline and appurtenances II' 8. r-Ml Grantee shall reimburse grantor, it's successors and assigns for the loss of revenues caused by grantee's excavation and restoration of the easement which ?*: require more than four (4) days, exclusive of Saturdays, Sundays and holidays. The loss |fc«.. of revenues shall be determined by dividing the total revenues for this parking lot of ei'r- •"- gv Grantors for the six months preceding excavation of construction by the number of calendar days in said six month period and multiplying the results thereof by a fraction the numerator of which h the actual number of parking spaces rendered unusable for parking automobiles by construction or excavation undertaken for the benefit of grantee, its successors or assigns ^nd the denominator of-wftich is -the total- number of-parking- - i spaces located in any parking lot constructed on or adjacent to the easement. Tn the event that Grantees possess of excavation and restorations actually exceed 30 days in duration, I m **M —- i4: „.- * _ := ^-.fct « : > - <*%t'£aM �'33 04/12/2831 19:02 flPR-12-BJ 82:39 9146743668 PM MSP cHADBOURNE;ONEILL,et.a I . 914 923 8499 PAGE 08/12 P.0T including Saturdays and Sundays, then reimbursement For this excess period shall be at the rate of two times the aforementioned calculations. 9. Failure to enforce any restriction or covenant of this Easement Agreement shall not be deemed a waiver of ihe right to do so thereafter as to the same violation or breach or as to a violation or breach occurring prior to or subsequent thereto. 10. Grantor reserves the absolute right to terminate the utility easement * portion of this agreement and to re-enter and retake the easement area in the event that fc Grantees excavations or reconstruction activities prevent Grantors use of the property for a period of 90 calendar days or greater. IN WITNESS WHEREOF, the parties have caused this instrument to be *w. duly executed the day and year first above written. tt> VILLAGE OF SLEEPY HOLLOW 281 NORTH BROADWAY CORP. By: By: Of.' ss*"' %n>.- ?*-: fcy'A State of New York ) County of Westchester ) : On the day of io the year 2001, before me, tfte undersigned, personally appeared^ personally-toown-to^-nw-orproved to me on the basis of satisfactory evidence to be the iadividual{s) whose name(s) is (are) subscribed to the within instrument and acknowledged to a» dial he/shefthey executed the same in his/her/their eapadtyfjes) and that by his/herAheir s^«turc(s) on the instrument, the tndividualfs) or the person on behalf of which the individual(s) acted, executed the instrument Notary Public m �yf <_>-*/ J. £.1 KAfat £~UXJ1. RPR-12- il ©2=40 PM CHflDfiOURNE.ONEILL>et.al. 914 925 8499 ai/rz P. Ear-- State of New Yor* ). County of Westchester ) m> & On the day of in the year 2001, before me, the undersigned, personally appeared , personally known to me or proved to me on die basis of satisfactory evidence to be the individual^) whose aame{s) is (are) subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/her/their capactty(ies) and that by his/bct/their signature^) on the instrument, dbe indi vidual{s) or die person on behalf of which the indivit!ual(s) acted, executed the instrument • a Notary Public II; >:m £«-'.- • j'iVM K.?; € Sur* se- 8/ ?*•* • •-I** •m �84/12/2801 flPR-12-01 19:02 02:41 9146743668 MSP PM CHAPBOURHE,ONEILL<et.al. * 914 923 PAGE 8499 10/12 P,09 SCHEDULE A Beginning at a point in the northerly lien of Bcekman Avenue, said point being south 66° 25' 05" West 29.93 feetfromthe southwesterly comer of lands now or formerly of Bonifacia Valcaree; running thence from said point of beginning South 66* 25' 05" West 21.36 feet, along the line of said Beeknian Avenue, to a point in same; thence over and through the lands of the grantor hettin North 03° 02' 52" West 127.45 feet to an angle point in the line of the grantee herein; thence South 84? IV18" East 20.24 feet, along the line ofthe grantee herein,toa point in same; thence South 03* 02' 52" East 116.85 feet over and through the lands of the grantor herein to the point or place of beginning. 1'•r-?8 ichibif A j -id m �# jj:»-te># APR-12-91 02142 H J O D O PM 914 CHfiDBOURNE,ONEILL,et.a 923 3499 CONTRACTOR shall install a permanent pavement of (2) two inches plant mix top course en £) three inches of bituminous base course on a (6) six inch item NYSDOT Item 304.05 broken atone •wbbase, all in accordance with the plans and specifications and to the satisfaction of the ! BNGINEER. MATERIALS: l i e 5" compacted subbase shall be a graded base material conforming to the lequirmentsfb* Item OX3O4.0197O6 of the NYSDOT Standard Specifications dated January 2,1990. md any subsequent addenda. v £?•'•' m ; "|he3"(mta<»nn?actcddfi^^ 3! aa specified in Table 401-1 "Composition of Bituminous Plant Mixtures" of the New York: State Ikpartment ^Transportation Specifications. ifgf :Tflp 2" (rain, contacted depth) asphaltic top course Item No, 403.17 shall oonftrm to all material* *^£ «W_ constructionrequirementsfor Bituminous Top Course Type 6F as specifled in Table 401-1 2g: ."Composition of Bittrminous Plant Matures" of the NYSDOT Standard Specifications dated jfapnary 2,1990, and any subsequent addenda. :J£-Tnfk coat shall be applied to all exposed edges that are to receive the top course. Tack coat shall be ^NVSDOT Item 407-0101, material deagnationRS-1 (Table 702-9). ^'JiljETHOD: f j i ^ CONTRACTOR shall exc^ate and r e ^ | t a jbt} drawings and the depths required to install the new asphaltic pavement as indicated on the lottos or as instructed by the ENGINEER. The CONTRACTOR shallfinegrade to the Imes as [onthedra^Yii^andcomr^ttesubgradc^ ? jalacemcnt ofthe subbase course. .jdlmcfhods of placement of suhbase coarse shall conform in all respectstoNYSPQT Standard ||pc#rlcarians for Item 08304.01970$ and preparation of subbase for aaphaKc top coarse under 1400 Btammous Pavements. (0#$riw $ : • ' the trench backfill, the CONTRACTOR shallfirrmsiiandjnstall "SdcctGrj^adRir' . . . . . . .. - M B Pa< 3** �31 04/12/2001 fiPR-12-ei 19:02 02:45 9146743668 F>n MSP CHAD»OURNE,OHEILL,et.al 914 923 8499 PAGE 1 2 / 1 2 P. 11 •: "">;. \{.'-M Wr • ^ •/•.a "l J , ft"*-. I" & <~:m 3 • ^ "--"-"•-;''<t&| .. - s Sir *% ^, I- & -. --rnssa •'; W'~.' '. :^-' *.'" $*:•» > • Kri r • EiMy§ 1 Pa J i * . & r - . ^£*i"i^»rtJS|s^#^-"- •* � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2001 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2001-04-17 Subject The topic of the resource Board of Trustees Minutes-2001 Date A point or period of time associated with an event in the lifecycle of the resource 2001 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text