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012011.00004 Business 20631170v1 ALBANY WATER BOARD APPROVAL RESOLUTION – AMEND FINANCING AGREEMENT PROJECTS – JANUARY 29, 2021 PUBLIC HEARING RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE FINANCING AGREEMENT BY AND AMONG THE ALBANY WATER BOARD, THE CITY OF ALBANY AND THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY RELATING TO A CERTAIN PROJECT AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS BY THE BOARD IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY. WHEREAS, the Albany Municipal Water Finance Authority (the “Authority”) is undertaking several capital projects (collectively, the “Projects”) consisting of various water and sewer system improvements; and WHEREAS, the Authority has by supplemental bond resolution adopted on January 28, 2021 (the “Bond Resolution”) authorized the issuance of bonds and notes (collectively, the “Obligations”) by the Authority to finance the Projects; and WHEREAS, pursuant to Section 1115-h(1) of the Public Authorities Law of the State of New York (the “Act”), the Albany Water Board (the “Board”), the City of Albany (the “City”) and the Authority have entered into an agreement dated as of October 1, 1987 (the “Financing Agreement”) for the purposes of providing for the construction and financing of certain projects described in Appendix A to the Financing Agreement; and WHEREAS, in connection with the financing of the Projects by the Authority, it is necessary that the City, the Board, and the Authority enter into an amendment of the Financing Agreement to add the description of the Projects to the list of projects to be financed under the Financing Agreement; and WHEREAS, pursuant to Article 8 of the Environmental Conservation Law of the State of New York, as amended, and the regulations (the “Regulations”) of the Department of Environmental Conservation of the State of New York promulgated thereunder (collectively, the “SEQR Act”), the Board is required to make a determination with respect to the environmental impact of any “action” (as defined by the SEQR Act) to be taken by the Board; and WHEREAS, any potential environmental impacts of the undertaking of the Projects have been previously addressed by the Authority in the Bond Resolution, and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQR”) is required; and WHEREAS, the Board convened a public hearing pursuant to the requirement of Section 1115(h)(4) and Section 1115(h)(6) of the Act on January 29, 2021; notice of such hearing being duly published pursuant to the Act, and such users of the Albany Water and Sewer System in attendance wishing to be heard were heard at that time; ---PAGE BREAK--- - 2 - 012011.00004 Business 20631170v1 NOW, THEREFORE, BE IT RESOLVED by the members of the Board as follows: Section 1. The Financing Agreement is hereby authorized to be amended to add the capital projects described in Schedule A to this Resolution. Section 2. The members and officers of the Board are hereby authorized and directed for and in the name and on behalf of the Board to do all acts and things required and to execute and deliver all such additional certificates and instruments and to do all such further acts and things as may be necessary or in the opinion of the member or officer acting, desirable and proper to effect the purposes of the foregoing Resolution, and the issuance of the bonds, notes or other Obligations of the Authority in furtherance of the Projects contemplated by the amendment of the Financing Agreement is hereby approved. Section 3. This Resolution shall take effect immediately. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Charles G. Houghton, III VOTING Rachel M. Johnson VOTING Barbara Smith VOTING C. Anthony Owens VOTING Karen Strong VOTING The foregoing Resolution was thereupon declared duly adopted. ---PAGE BREAK--- - 3 - 012011.00004 Business 20631170v1 STATE OF NEW YORK ) ) SS.: COUNTY OF ALBANY ) I, the undersigned (Assistant) Secretary of the Albany Water Board (the “Board”), DO HEREBY CERTIFY that I have compared the foregoing annexed extract of the minutes of the meeting of the members of the Board, including the Resolution contained therein, held on February 2021 with the original thereof on file in my office, and that the same is a true and correct copy of said original and of such Resolution contained therein and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of the Board had due notice of said meeting; said meeting was in all respects duly held; pursuant to Article 7 of the Public Officers Law (the “Open Meetings Law”), said meeting was open to the general public, and due notice of the time and place of said meeting was duly given in accordance with such Open Meetings Law; and there was a quorum of the members of the Board present throughout said meeting. I FURTHER CERTIFY that, as of the date hereof, the attached Resolution is in full force and effect and has not been amended, repealed, or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Board this day of February, 2021. (Assistant) Secretary (SEAL) ---PAGE BREAK--- A-1 012011.00004 Business 20631170v1 SCHEDULE A DESCRIPTION OF THE PROJECT Project Name Summary Project Description Supply Reservoir Alcove Office Demolition and Replacement Basic Creek Reservoir Dam Safety Improvements – Design and Permitting Supply Conduit Condition Assessment and Preliminary Engineering Report Feura Bush Water Filtration Plant Elevator Replacement Lime Storage and Feed Systems Replacement Controls System Upgrades Filter gallery valve and actuator replacement Distribution System Pressure Reducing Valve Telemetry Pressure Relief on New Scotland Pressure Zone Lark Street Valve Replacements Water Main Replacements and Dead End Eliminations University Place Everett Road at Watervliet Avenue Washington Avenue at Eagle Street Crescent Drive Commerce Avenue Catherine Street Lancaster Street Westerlo Street South Pearl Street at Mount Hope South Pearl Street at Kenwood Fay Street Lead Service Replacement Program Loudonville Reservoir UV Facility Equipment Replacement New Guard Building and Garage Basin Condition Assessments and Repairs Water Pumping Stations and Tanks Harriman Pump Station equipment replacement and upgrades Upper Service Pump Station equipment replacement and upgrades 35 Erie Boulevard Building Demolition and New Equipment Building Site Improvements Design of improvements at 10 N Enterprise Drive Sewer Rehabilitation Washington Park Lake Trunk Sewer Lining Catherine Street Westerlo Street Trunk Sewer Condition Assessments Sewer lining projects Krumkill Trunk Sewer Access Improvements Chimney Manhole Rehabilitations Sewage Pump Stations Sewer SCADA upgrades McCormack Pump Station Flowmeter Marlborough Court Pump Station Replacement Northern Boulevard Pump Station Comminutor