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022.2000 RESOLUTION SETTING PUBLIC HEARING TO CONSIDER FINANCING FOR BAY RIDGE VOLUNTEER FIRE COMPANY, INC.’S CONSTRUCTION OF NEW FIREHOUSE RESOLUTION NO.: 22, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) previously contracted for fire protection services and are presently negotiating for a new 2000 Agreement for fire protection services, and WHEREAS, the proposed Agreement for fire protection services 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 without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has presented to the Town Board a proposal to construct a new firehouse on the east side of Bay Road between the intersections of Old Bay Road and Old Bay Road for a principal amount not to exceed $1,750,000 and proposes to finance the construction project § through tax-exempt financing provided under 147(f) of the Internal Revenue Code of 1986, as amended, and WHEREAS, the Fire Company has negotiated with Evergreen Bank to enter into a financing agreement for the amount of $1,750,000 for 20 years at a market rate expected to be approximately § 5.5% and this financing arrangement is intended to qualify as tax-exempt under 147(f) of the Internal Revenue Code of 1986 as amended, and WHEREAS, in accordance with §147(f) of the Internal Revenue Code of 1986, as amended, the Fire Company has requested that the Town Board conduct a public hearing to authorize approval of the financing and the Town Supervisor to execute approval of the financing to comply with the statutory requirements, and WHEREAS, the Town Board has determined that it is in the best interest of the Fire Company and Town residents as required by the Internal Revenue Code to conduct a public hearing concerning the proposed construction project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall conduct a public hearing th on January 24, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider approval of the financing of Bay Ridge Fire Company, Inc.’s, proposed construction of a new firehouse on the east side of Bay Road between the intersections of Old Bay Road and Old Bay Road for a principal amount not to exceed $1,750,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a Notice of Hearing in The Post-Star as required by statute at least fourteen (14) days before the hearing, and BE IT FURTHER, RESOLVED, that the notice shall be in substantially the following form: "NOTICE IS HEREBY GIVEN that the Queensbury Town Board shall conduct a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New th § York on January 24, 2000 at 7:00 p.m. The public hearing, as required by 147(f) of the Internal Revenue Code, shall be for the purpose of considering the adoption of a Resolution approving a financing agreement between the Bay Ridge Volunteer Fire 2 Company, Inc., and Evergreen Bank in a principal amount not to exceed $1,750,000, the purpose of which loan is to finance construction of a new firehouse for the housing and administration of the equipment and activities of the Bay Ridge Volunteer Fire Company, Inc., as related to its obligation under its fire protection service agreement with the Town of Queensbury. The facility shall be owned, operated, and managed by the Bay Ridge Volunteer Fire Company, Inc., and the location of the facility shall be on the east side of Bay Road between the intersections of Old Bay Road and Old Bay Road." and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury will, after the public hearing, consider adoption of a Resolution approving the Fire Company's incurrance of financial obligations for the construction of the firehouse, with the understanding that the Town of Queensbury shall not, by the adoption of any Resolution, create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for said financing, other than that which may exist by virtue of the Agreement entered into between the Town of Queensbury and the Fire Company for fire protection services. st Duly adopted this 1 day of January, 2000, by the following vote: AYES : Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES : None ABSENT: None 3