438.2001
REFUNDING BOND RESOLUTION DATED NOVEMBER 26, 2001
RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO
$1,024,666 AGGREGATE PRINCIPAL AMOUNT REFUNDING
BONDS OF THE TOWN OF QUEENSBURY TO REFUND SERIAL
BONDS ISSUED TO PAY A PORTION OF THE COST OF THE
ACQUISITION, CONSTRUCTION, AND INSTALLATION OF A
SANITARY SEWER SYSTEM IN THE CENTRAL QUEENSBURY
QUAKER ROAD SEWER DISTRICT
RESOLUTION NO.: 438, 2001
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS
, on September 1, 1990, the Town of Queensbury (the "Town") issued its
Quaker Road Sewer District Bonds, Series 1990, in the aggregate principal amount of $1,975,000
(the "Bonds") to finance an increase in the cost of the sanitary sewer system being constructed in
the Central Queensbury Quaker Road Sewer District (the "Project"); and
WHEREAS,
the Bonds were sold to the New York State Environmental Facilities
Corporation ("EFC") in connection with the Clean Water State Revolving Fund ("CWSRF"); and
WHEREAS
, after March 15, 2001, the outstanding principal amount of the Bonds may
be redeemed in whole at any time and in part on any interest payment date, at a redemption price
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of 100% of the principal amount to be redeemed plus accrued and unpaid interest to the
redemption date; and
WHEREAS,
EFC is engaged in a refinancing initiative whereby the Bonds may be
refinanced to reduce the Town's net interest cost; and
WHEREAS,
the Town Comptroller has estimated the savings which would accrue to the
Town in such refinancing to have a net present value of approximately $78,709; and
WHEREAS,
the Town can authorize such refunding pursuant to Section 90.00 of the
Local Finance Law; and
WHEREAS,
the Town wishes to refund the Bonds by issuing certain Refunding Bonds
and selling them to EFC; and
WHEREAS,
it would be in the public interest to refund the Bonds by issuance of
Refunding Bonds; and
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 to refund the $991,000 outstanding principal amount of Town of
Queensbury Quaker Road Sewer District Bonds, Series 1990, originally issued on September 1,
1990 in the aggregate principal amount of $1,975,000 (the "Bonds") to finance an increase in the
cost of the sanitary sewer system being constructed in the Central Queensbury Quaker Road
Sewer District (the "Project"), together with costs and expenses incidental to issuance of the
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refunding bonds; and such refunding is hereby authorized in the maximum amount of One Million
Twenty-four Thousand Six Hundred Sixty-six and 00/100 Dollars ($1,024,666.00) (the
"Refunding").
Section 2.
The maturity dates, interest rates and principal amounts of the Bonds to be
refunded are as follows:
MATURITY DATE INTEREST RATE PRINCIPAL AMOUNT
09/15/2002 7.15% $102,000.00
09/15/2003 7.50% $104,000.00
09/15/2004 7.50% $106,000.00
09/15/2005 7.50% $108,000.00
09/15/2006 7.50% $110,000.00
09/15/2007 7.50% $112,000.00
09/15/2008 7.50% $114,000.00
09/15/2009 7.50% $116,000.00
09/15/2010 7.50% $119,000.00
$991,000.00
TOTAL
Section 3.
The plan for the financing of such maximum estimated refunding cost is by the
issuance of up to $1,024,666 in Refunding Bonds of the Town (the "Refunding Bonds"), hereby
authorized to be issued pursuant to the Local Finance Law. The Refunding Bonds will bear
interest at a rate lower than that borne by the Bonds to be refunded. The net present value of the
total debt service savings anticipated is estimated to be $78,709.
Section 4.
Pursuant to Local Finance Law Section 90.00(g)(1), no down-payment from
current funds is required.
Section 5.
The period of probable usefulness permitted by law for which the Bonds were
issued at the time of the issuance of the Bonds was forty (40) years, pursuant to Subdivision 4 of
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paragraph (a) of Section 11 of the Local Finance Law. It is hereby determined that the Refunding
Bonds shall mature not later than such maximum period of probable usefulness computed from
the date of issuance of the Bonds or any date issued in anticipation of the Bonds. It is hereby
further determined that the maximum maturity of the Refunding Bonds herein authorized will
exceed five (5) years. Pursuant to Local Finance Law Section 90.00(g)(2), the authorization of
the issuance of Refunding Bonds is not subject to mandatory or permissive referendum.
Section 6.
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 levied on all the taxable real property of the District within the Town a
levy and collection of taxes sufficient to pay the principal of and interest on such obligations as
they become due and payable.
Section 7.
For the purpose of refunding the Bonds, including related preliminary and
incidental costs, there are hereby authorized to be issued Refunding Bonds of the Town up to a
maximum amount of $1,024,666, the maximum maturity of which shall not exceed the remainder
of the 40 year period of probable usefulness as 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 any Notes issued in anticipation of the Bonds.
Section 8.
The Town Board hereby determines that no annual installment of each
separate series of the Refunding Bonds shall be more than fifty percent (50%) in excess of the
smallest prior installment. The proposed maturities of the Refunding Bonds are as follows:
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MATURITY DATE PRINCIPAL AMOUNT
09/15/2002 $110,000.00
09/15/2003 $120,000.00
09/15/2004 $114,666.00
09/15/2005 $115,000.00
09/15/2006 $115,000.00
09/15/2007 $115,000.00
09/15/2008 $115,000.00
09/15/2009 $110,000.00
09/15/2010 $110,000.00
$1,024,666.00
TOTAL
Section 9.
Subject to the terms and conditions of this Resolution and of the Local
Finance Law, and pursuant to the provisions of Sections 50.00 and 56.00 to 60.00, inclusive, of
the Local Finance Law, the power to prescribe the terms, form and contents of the Refunding
Bonds, the terms of the private sale to EFC, including the form, terms and conditions of the
CWSRF Project Financing and Loan Agreement to be prepared by EFC, and the power to sell and
deliver the Refunding Bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer
of the Town. The Town Supervisor is hereby authorized to sign any Refunding Bonds 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 Refunding Bonds 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 including, without limitation, EFC’s CWSRF Project Loan and Financing
Agreement, and to take such other action as may be necessary and proper to carry out the intent
of the provisions of this Resolution.
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Section 10.
The exact date of issuance of the Refunding Bonds and the exact date(s)
upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal
Officer.
Section 11.
The Chief Fiscal Officer shall prepare the Refunding Bonds and sell them in
accordance with the provisions of the Local Finance Law and at such sale shall determine the
interest rate(s) to be borne by such Refunding Bonds.
Section 12.
The Chief Fiscal Officer shall deliver the Refunding Bonds to the purchaser.
Any net proceeds for costs of issuance, etc., shall be in the form of a certified check or other
immediately available funds only upon adequate proof that the Bonds have been recalled,
redeemed and cancelled.
Section 13.
If applicable, 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 Refunding
Bonds 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
Refunding Bonds 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 Refunding Bonds to be included
in gross income for purposes of Federal income taxes.
Section 14.
The Town hereby determines that the issuance of the Refunding Bonds is a
Type II Action that will not have a significant effect on the environment, and therefore, no other
determination or procedures under the State Environmental Quality Review Act (“SEQRA”) is
required.
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Section 15.
The Town of Queensbury is a town partially within the Adirondack Park.
However, subject to any State Comptroller’s approval under Local Finance Law Section 90.00,
State lands within the Town's boundaries are assessed at less than ten percent (10%) of the total
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 16.
Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby
designated Bond Counsel.
Section 17.
The validity of these Refunding Bonds 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 or a summary thereof 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 18.
The full text of this Resolution or a summary thereof shall be published in the
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 Section 81.00 of the Local Finance
Law.
Section 19.
This Resolution shall take effect immediately.
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Section 20.
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. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NAYS :
None
ABSENT :
Mr. Martin
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: November 26, 2001
STATE OF NEW YORK
COUNTY OF WARREN
Office of the Town Clerk
of the Town of Queensbury
This is to certify, that I, the undersigned Town Clerk of the Town of Queensbury, have
compared the foregoing copy of Resolution with the original Resolution now on file in this office,
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and which was adopted by the Town Board of the Town of Queensbury on the 26 day of
November, 2001, and it is a correct and true transcript of the original Resolution.
In witness whereof, I have set my hand and the official seal of the Town of Queensbury
this 27th day of November, 2001.
_________________________________________
Town Clerk of the Town of Queensbury
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