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012011.00004 Business 20566416v1 Resolution (MC) 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 CITY 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 a capital project consisting of various water and sewer system improvements (collectively, the “Project”), as described on Schedule A attached hereto; 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 Project; 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 Project 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 Project to the list of projects to be financed; and WHEREAS, any potential environmental impacts of the undertaking of the Project have been previously addressed by the Board by resolution dated January 22, 2021, 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 21, 2021; notice of such hearing being duly published pursuant to the Act, and such users of the System (as defined in the Financing Agreement) in attendance wishing to be heard were heard at that time; NOW, THEREFORE, BE IT RESOLVED by the Common Council as follows: Section 1. The Financing Agreement is hereby authorized to be amended to add the Project described on Schedule A to this Resolution. Section 2. The members and officers of the City are hereby authorized and directed for and in the name and on behalf of the City 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 Project contemplated by the amendment of the Financing Agreement is hereby approved. Section 3. This resolution shall take effect immediately. ---PAGE BREAK--- 012011.00004 Business 20566416v1 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 ---PAGE BREAK--- 012011.00004 Business 20566416v1 To: Danielle Gillespie, City Clerk From: Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: 2021 ORDINANCE NUMBER (MC) TITLE 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 CITY IN CONNECTION WITH THE ISSUANCE OF OBLIGATIONS BY THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY. GENERAL PURPOSE OF LEGISLATION Section 2.1 of the Financing Agreement provides that upon the decision by the Authority and the Board to undertake additional capital projects (the “Additional Projects”), and the determination by the Authority to finance the Additional Projects by the issuance of obligations by the Authority, the Financing Agreement must be amended to include the Additional Projects. As a party to the financing agreement, the City must approve such amendments. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE N/A SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) N/A SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) N/A FISCAL IMPACT(S)