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2012-216 2012-216 Resolution Authorizing Temporary Borrowing from the United Wappingers Water District At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August 13,2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale (Arrived at 7:31PM) Vincent F. Bettina (Arrived at 7:47 PM) Ismay Czamiecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, by Agreement dated May 15,2012, the Town Board entered into an Agreement in Principle (AlP) with the City of New York through its Department of Environmental Protection (DEP) for the construction of a 12 inch water main to the property owned by the City of New York located on River Road in the Chelsea portion ofthe Town of Wappinger (known as Extension No.2 of the United Wappingers Water District [UWWD]) ; and WHEREAS, the 12 inch water pipe is designed to deliver up to 170,000 gallons of water per day to be used in connection with the construction of the By-Pass Tunnel and Shaft 6B as part ofthe WATER FOR THE FUTURE PROJECT, Delaware Aqueduct Rondout West Branch Tunnel Repairs being undertaken by the DEP; and WHEREAS, the terms of the AlP were formally incorporated in an Inter-Governmental Agreement (IGA) between the Town Board and City of New York through its DEP; and WHEREAS, one of the provisions ofthe IGA requires the DEP to reimburse the Town for all costs it incurs in connection with the establishment of Extension No.2 of the UWWD; and WHEREAS, the DEP has advised the Town that the IGA is in the process of being registered with the New York City Comptroller's Office and upon such registration will be executed by the DEP shortly thereafter; and WHEREAS, by Resolution adopted by the Town Board on July 9, 2012, the Town Board authorized the issuance of Bonds in the maximum amount of $350,000 to pay for the cost of interim engineering and design studies, including any incidental expenses related thereto, which will be incurred in connection with the establishment of Extension No.2 of the UWWD; and WHEREAS, the Accountant to the Town has advised the Town Board that there are fund balances within the UWWD Accounts which could be temporarily loaned to the Town's General Fund to pay for the aforementioned interim costs of engineering and design studies, including incidental expenses related thereto. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations incorporated above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board, rather than go through the expenses of issuing bonds to fund the payment of the interim costs of engineering and design studies, including any incidental expenses related thereto for the establishment of Extension No.2 of the UWWD hereby authorizes the Supervisor to temporarily borrow up to $350,000 from the UWWD accounts to pay for said interim costs. 3. The Town Board directs that any funds temporarily borrowed from the UWWD accounts shall be reimbursed to said UWWD accounts prior to December 31, 2012 together with interest at the rate of .3% per annum pro-rated to date of payment. 4. In the event any sums borrowed from the UWWD account are not reimbursed by DEP prior to December 31,2012, the Town shall issue Serial Bonds in accordance with the Resolution of July 9, 2012 to pay for the costs of interim engineering and design studies, including any incidental expenses related thereto and shall thereupon immediately reimburse the UWWD for all sums borrowed. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 8/13/2012 The Resolution is hereby duly declared adopted. ~>>>>-o~ CHRISTINE FULTON, TOWN CLERK