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517.95 RESOLUTION AUTHORIZING SRF APPLICATION AND PROJECT FINANCING AND LOAN AGREEMENT RESOLUTION NO. 517, 95 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury, hereinafter also referred to as "Borrower," previously authorized the establishment of a sewer district known as the Central Queensbury Quaker Road Sewer District, the construction of various sewage collection facilities for said district, and made arrangements for and contracted with the City of Glens Falls for the treatment of the collected sewage from the district, and thereafter, on at least one occasion, extended said sewer district, and WHEREAS, the Town of Queensbury arranged for financing in connection with the establishment and construction of the aforedescribed sewer district, a portion of said financing being a part of the Town of Queensbury $8,000,000 Public Improvement (Serial) Bonds, 1987, a portion of additional costs incurred in connection with the project being previously financed through the New York State Revolving Loan Fund, and a portion of the same being financed by Public Improvement (Serial) Bonds, Series 1995A, and WHEREAS, the Town of Queensbury, after thorough consideration of the various aspects of the problems and studying the available data, has determined that the Town should pursue refinancing of existing serial bonds in the amount of $4,700,000. to refinance the outstanding debt on the Central Queensbury Quaker Road Sewer District, which constitutes a portion of the Town of Queensbury $8,000,000. Public Improvement (Serial) Bonds, 1987, this particular refinancing being identified as the SRF Project, and bearing project number 5550-01-1, and the Town Board of the Town of Queensbury, having determined that it is in the public interest to pursue such financing, 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 "SRF 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 (the "Act") 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 SRF Act, and WHEREAS, the SRF 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, as follows: 1. The filing of an application for SRF assistance in the form required by the Corporation in conformity with the SRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person, as Chief Fiscal Officer, is directed and authorized as the official representative of the Borrower to execute and deliver an application for SRF assistance, to execute and deliver the Project Financing and Loan 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 Borrower as may be required: Town Supervisor. 3. The official designated above is authorized to make application for financial assistance under the SRF Program for either short-term or long-term financing or both. 4. One (1) certified copy of this Resolution shall be prepared New York State Environmental Facilities and sent to the Corporation, 50 Wolf Road, Albany, New York 12205-2603. 5. This Resolution shall take effect immediately and is conditioned upon: a) the Town of Queensbury not being committed to the refinancing for which the application is 2 authorized herein, and for which the Chief Fiscal Officer is directed and authorized to take certain action, unless, when the sale of bonds has occurred or is imminent, or whatever the last opportunity of the Town Board is to review the arrangements, that the Town Board specifically, by Town Board resolution, further authorizes the refinancing; and b) that in the event that the Town Board, in its sole discretion, determines not to proceed with the refinancing, it shall not be liable for any penalty or other cost or amount to New York State, the Environmental Facilities Corporation, the New York State Department of Environmental Conservation, or the Federal Government. Duly adopted this 2nd day of October, 1995 by the following vote: AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None 3 The attached Resolution is a true and correct copy of Resolution No. 517 authorizing the execution and filing of an application and the execution and delivery of a Project Financing and Loan Agreement and other documents necessary for SRF assistance, as regularly adopted at a legally convened meeting of the Town Board of the Town of Queensbury duly held on the 25th day of September, 1995, and further, that such Resolution has been fully recorded in the Queensbury Town Board Minute Book in (Title of Record Book) my office. In witness whereof, I have hereunto set my hand on this 3rd day of October, 1995. (SEAL) ______________________________ Signature of Recording Officer __ Town Clerk________________ Title of Recording Officer 4