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085.96 RESOLUTION AUTHORIZING THE ISSUANCE OF $175,000. SERIAL BONDS OF THE TOWN OF QUEENSBURY TO FINANCE HIGHWAY DEPARTMENT PURCHASE OF MACHINERY AND/OR APPARATUS FOR MAINTENANCE RESOLUTION NO.: 85, 96 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury Highway Superintendent is desirous of purchasing one (1) sweeper in accordance with specifications presented at this meeting, and WHEREAS, said Town Board of the Town of Queensbury, by previous resolution, has approved and as necessary, authorized said purchase in accordance with the Highway Laws of the State of New York, subject to bidding certain requirements, and WHEREAS, the maximum amount proposed to be expended for the purchase is the amount of $175,000., and WHEREAS, it is now desired to authorize financing for said purchase, and WHEREAS, the action for which this funding is proposed has been reviewed by the Town Board pursuant to the mandates of the State Environmental Quality Review Act and the Town Board has determined that action to be an action not subject to the requirements of the State Environmental Quality Review Act or it is a Type II Action for which an Environmental Impact Statement or other determination of proceedings under the Rules and Regulations are not necessary, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, as follows: SECTION 1. The specific object or purpose to be financed pursuant to this resolution is the purchase of machinery and/or apparatus for maintenance, said machinery or apparatus to consist of one (1) street sweeper. SECTION 2. The maximum estimated cost of such specific object or purpose is a total of $175,000., and the plan for the financing thereof is the issuance of $175,000., serial bonds hereby authorized to be issued pursuant to the Local Finance Law. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen (15) years, pursuant to subdivision 28 of paragraph a of §11.00 of the Local Finance Law as the cost of each machine and/or apparatus equipped as specified shall exceed the sum of $30,000. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five (5) years. It is hereby determined that pursuant to §35.00(b) of the Local Finance Law, that this bond resolution is not subject to permissive referendum and that a five-percent (5%) down payment is not required therefore pursuant to §107 of the Local Finance Law. SECTION 4. The faith and credit of said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Unless paid from revenues derived from the aforesaid specific object or purpose, there shall annually be levied on all the taxable property of said Town of Queensbury, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. SECTION 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor the Chief Fiscal Officer. Such notes shall be of such terms, form, and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6. The powers and duties of advertising the bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise the bonds for sale, if appropriate, conduct the sale and award the bonds in such manner as he shall deem best for the interest of the Town of Queensbury, provided, however, that in the exercise of those delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town Supervisor shall be a full acquittance to the purchaser of such bonds who shall not be obliged to see to the application of the purchase money. SECTION 7. The validity of such bonds or notes or any bond anticipation notes issued in anticipation of the sale of such bonds may be contested only if: 1) Such obligations are authorized for any object or purpose for which the Town of Queensbury is not authorized to expend money; or 2) The provisions of law which should be complied with at the date of the publication of such resolution or summary thereof, or certificate, as the case may be, are not substantially complied with and an action, suit, or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication; or 3) Such obligations are authorized in violation of the provisions of the constitution. SECTION 8. This resolution shall be published in full by the Town Clerk of the Town of Queensbury in the official newspaper of the Town of Queensbury, together with a notice of the Town Clerk substantially in the form provided in §81.00 of the Local Finance Law. SECTION 9. This resolution is not subject to permissive referendum. Duly adopted this 5th day of February, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None