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363.2004 RESOLUTION APPROVING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE A PIERCE CUSTOM ENFORCER PUMPER TRUCK AND AUTHORIZING INCURRENCE OF DEBT FOR SUCH PURCHASE RESOLUTION NO.: 363, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, by Resolution 496,2003, the Town Board authorized the Fire Company to purchase a Pierce Custom Enforcer Pumper Truck for an amount not to exceed $357,500 including modification costs, with the understanding that the Fire Company would use $185,000 in the Fire Company’s Restricted Vehicle Fund, including the Town’s 2004 contract payment, toward the purchase and incur $185,000 in debt with the Glens Falls National Bank and Trust Company, and WHEREAS, 10 days notice was provided to the public before the Town Board conducted the required public hearing concerning the Fire Company’s purchase, but the Fire Company requires 14 days notice to be able to issue its debt as tax-exempt, and WHEREAS, in accordance with the Fire Company’s request, the Town Board set another public hearing to allow the Fire Company to have this public hearing with 14 days notice in accordance with the Internal Revenue Code and Regulations, and th WHEREAS, on July 26, 2004, the Town Board held such public hearing and heard all interested persons, and WHEREAS, the Town Board wishes to adopt another Resolution authorizing the incurrence of debt by the Fire Company where such debt is based on no obligation of the Town and the debt shall in no way be considered to be a Town debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board approves of the incurrence of $185,000 in debt by the Queensbury Central Volunteer Fire Company, Inc. for such purchase with the understanding that the Town Board is relying upon the Fire Company’s assurances that the Pumper Truck is serviceable and suitable for its long-term intended use, BE IT FURTHER, RESOLVED, that a retired pumper truck will be sold or traded at fair market value and the proceeds will be deposited to the Restricted Vehicle Fund if sold, or will reduce the amount of debt if traded in, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee the debt with Glens Falls National Bank and Trust Company on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 26 day of July, 2004 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None