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313.2002 RESOLUTION AMENDING AND RESTATING BOND RESOLUTION AND AUTHORIZING ISSUANCE OF UP TO $1,367,591 IN SERIAL BONDS OF TOWN OF QUEENSBURY TO PAY COST OF ACQUISITION, CONSTRUCTION AND INSTALLATION OF INFRASTRUCTURE FOR SOUTH QUEENSBURY-QUEENSBURY AVENUE SEWER DISTRICT AND AUTHORIZING ISSUANCE OF UP TO $1,367,591 IN BOND ANTICIPATION NOTES OF TOWN OF QUEENSBURY FOR SAME PURPOSE RESOLUTION NO.: 313, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Thedore Turner WHEREAS, the Town of Queensbury (Town) duly established the Town of Queensbury South Queensbury-Queensbury Avenue Sewer District (QASD) in accordance with New York Town Law, and WHEREAS, Jarrett-Martin, LLP (Jarrett-Martin) developed plans (Map, Plan and Report) for a system to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant by constructing a gravity sewer line along Queensbury Avenue connected to a pump station which will lift wastewater through a force main to a gravity sewer manhole in Dix Avenue, together with related improvements (Project), and WHEREAS, on February 25, 2002, the Town Board adopted a Resolution (Original Bond Resolution) authorizing the issuance of up to $903,195 serial bonds and/or bond anticipation notes (Bonds/BANs) for the purpose of paying a portion of the cost of the acquisition, construction and installation of the Project and authorizing such specific object or purpose at a maximum estimated cost of $1,676,035, and WHEREAS, the Town advertised and received bids for construction of the Project and all of the bids were in excess of the maximum estimated cost of the Project as set forth in the Map, Plan and Report, and the Town Board wishes to amend and restate the Original Bond Resolution to increase the authorized maximum estimated cost of the Project and the amount of Bonds/BANs authorized to be issued, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of infrastructure for the South Queensbury-Queensbury Avenue Sewer District (QASD) to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant, including but not limited to a pumping station, approximately 1000 feet of gravity sewer to convey sewage to the pumping station, and a force main from the pumping station to an existing City of Glens Falls municipal sewer manhole, all as more fully described in the Map, Plan and Report prepared for the QASD by Jarrett-Martin, and further including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of One Million Six Hundred Seventy-Six Thousand Thirty-Five Dollars ($1,676,035) Section 2 . Pursuant to an Intermunicipal Agreement (Intermunicipal Agreement) by and among the Town of Queensbury, on behalf of itself and on behalf of the QASD, the Town of Kingsbury, on behalf of itself and on behalf of Kingsbury Sewer District Number One; Warren County, on behalf of itself and on behalf of the Warren County (Industrial Park) Sewer District; and Washington County, on behalf of itself and on behalf of the Washington County Sewer District #1, the plan for the financing of such maximum estimated cost is by: (1) a portion of a $600,000 U.S. Department of Commerce-Economic Development Administration Grant in the amount of 50% of the Project cost up to $72,000. (The remaining $528,000 of the grant will be used for improvements to the Washington County Sewer District #1); (2) NYS Department of Environmental Conservation Clean Water/Clean Air Bond Act Grant in the amount of $300,000; (3) $325,000 purchase of future capacity in the QASD; (4) $76,500 total reimbursement and donation of right-of way from NIMO; and (5) issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on behalf of the QASD, hereby authorized to be issued pursuant to the Local Finance Law in an amount up to $1,367,591. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after February 25, 2002, the date of adoption of the Original Bond Resolution provided however, that the limit on such expenditures paid by the Town between such February 25, 2002 and the date of this Resolution (August 5, 2002) shall be $903,195, the amount of the originally authorized bonds.. The Town may submit applications for additional grants and/or low interest loans from the New York State Department of Health/New York State Environmental Facilities Corporation Drinking Water State Revolving Fund and/or the United States Department of Agriculture Rural Development Authority and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107(d)(9), no down-payment from current funds is required. Section 3. The Town Board has determined that it is in the public interest to acquire and construct the Project and has further determined that it is in the public interest to authorize the increased cost of the Project. Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is forty (40) years, pursuant to Subdivision 4 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be assessed upon benefited real property a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $1,367,591, the maximum maturity of which shall not exceed the forty (40) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $1,367,591 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. Section 13. If issued, the notes shall be in registered form, and shall bear interest at the determined rate. Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 20. The original Bond Resolution is hereby affirmed and ratified and remains in effect in its totality except to the extent of the increase in bond allowed. This Bond Resolution hereby amends and modifies the original Bond Resolution. Section 21. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in §81.00 of the Local Finance Law. Section 22. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NAYS: None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. DATED: August 5, 2002