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124.2002 RESOLUTION AUTHORIZING CWSRF APPLICATION AND AGREEMENT FOR PROJECT FINANCING NEW YORK CLEAN WATER STATE REVOLVING FUND Resolution authorizing the execution and filing of an application and execution and delivery of a agreement setting forth the terms of the Project financing and other documents necessary for CWSRF assistance. RESOLUTION NO. 124, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS , the Town of Queensbury, herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as: the South Queensbury/Queensbury Avenue Sewer District improvements and identified as CWSRF Project Number(s) C5-5550-02-00 herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS , the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS , the State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "CWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS , the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and WHEREAS , the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and WHEREAS , the CWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS 1. The filing of an application for CWSRF assistance in the form required by the Corporation in conformity with the CWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person is directed and authorized as the official representative of the Applicant to execute and deliver an application for CWSRF assistance, to execute and deliver the Project financing agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required: Dennis Brower Town Supervisor (print name) (print title) 3. The official designated above is authorized to make application for financial assistance under the CWSRF Program for either short-term or long-term financing or both. 4. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207- 2997. 5. This Resolution shall take effect immediately. th Duly adopted this 25 day of February, 2002, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None CERTIFICATE OF RECORDING OFFICER The attached Resolution is a true and correct copy of Resolution No.______ authorizing the execution and filing of an application and the execution and delivery of a Project financing agreement and other documents necessary for CWSRF assistance, as regularly adopted at a legally convened meeting of th the Town Board of the Town of Queensbury duly held on the 25 day of February, 2002; and further that such Resolution has been fully recorded in the ___________________________________ in my office. In witness whereof I have hereunto set my hand this ______ day of February, 2002. (SEAL) __________________________________________ Darleen Dougher, Town Clerk