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398.97 RESOLUTION AUTHORIZING NEW YORK DRINKING WATER STATE REVOLVING FUND (DWSRF) APPLICATION AND PROJECT FINANCING AND LOAN AGREEMENT RESOLUTION NO.: 397.97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town of Queensbury herein called the "Borrower," 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 West Glens Falls Water district improvements - cleaning, lining and replacement of 4" cip, metering, and identified as DWSRF Project Number(s) 15798, 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 Title XIV of the Public Health Service Act (commonly known as the "Safe Drinking Water Act"), 42 U.S.C.§§300f, et seq., as amended (the "Act"), requires each State to establish a drinking water revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Act; and WHEREAS, the State of New York has, pursuant to Chapter 413 of the Laws of 1996 (the "DWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a drinking water revolving fund (the "Fund") to be used for purposes of the 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 recipients for eligible projects, as provided in the DWSRF Act, and WHEREAS, the DWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds as follows: 1. The filing of an application for DWSRF assistance in the form required by the Corporation in conformity with the DWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed as the official representative of the Borrower to execute and deliver an application for DWSRF 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 2 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. 3. The Town Supervisor is hereby authorized and directed to make application for financial assistance under the DWSRF Program. 4. The Town Supervisor is hereby authorized and directed to forward one (1) certified copy of this Resolution to the New York State Environmental Facilities Corporation, 50 Wolf Road, Room 508, Albany, New York 12205-2603. 5. This Resolution shall take effect immediately. Duly adopted this 20th day of October, 1997 by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert Mr. Champagne NOES : None ABSENT: Mrs. Pulver 3