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303.95 RESOLUTION AUTHORIZING RETENTION OF SERVICES OF ENVIRONMENTAL CAPITAL ASSOCIATES, INC. RESOLUTION NO.: 303. 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury desires to retain the services of Environmental Capital Associates, Inc., for purposes of providing financial advisory services in connection with a study as to whether a refunding of some or all of the 1987 bonds will save the Town sufficient funds to warrant such a refunding, and WHEREAS, it is the Town Board's understanding that Environmental Capital Associates, Inc., shall not be paid for any of its services unless the Town Board should determine it appropriate to arrange for the bonding and accordingly, the refunding of existing bonds, and that whether to do so will be at the sole discretion of the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of Environmental Capital Associates, Inc., for the purposes of providing financial advisory services in connection with the Town's borrowing from Environmental Facilities Corporation under State Revolving Fund for the purpose of refunding all or part of its existing 1987 bonds, and for certain other purposes, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute the proposed, letter-form agreement dated May 4, 1995 with Environmental Capital Associates, Inc., provided that the following statement is also added to the agreement: "It is agreed by the parties that the Town of Queensbury shall not be liable or obligated to pay Environmental Capital Associates, Inc., or Richard N. McCarthy, any amount of money if the Town decides not to proceed with a refunding of the 1987 bonds by the issuance of new bonds through the Environmental Facilities Corporation. The decision whether to proceed will lie in the total and complete discretion of the Town Board and if such bonding or refunding does not occur, Environmental Capital Associates, Inc., will not be paid any sum of money from the Town of Queensbury, regardless of the amount of work and time that the Corporation or Mr. McCarthy shall have spent in connection with the project." and BE IT FURTHER, RESOLVED, that the costs of the services provided for in this resolution shall be paid for from Account #32-8110-4400, with estimated revenues from bond proceeds to offset the increase in appropriations. Duly adopted this 15th day of May, 1995, by the following vote: AYES : Mr. Caimano, Mrs. Pulver, Mr. Turner, Mr. Champagne NOES : None ABSENT: Mrs. Monahan