RESOLUTION NO. 93
BOND RESOLUTION OF THE COUNTY OF ALBANY, NEW YORK, AUTHORIZING VARIOUS CAPITAL IMPROVEMENTS FOR THE DEPARTMENT OF PUBLIC WORKS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $10,820,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $10,820,000 OF SERIAL BONDS OF SAID COUNTY TO FINANCE SAID APPROPRIATION
Introduced: 3/14/22
By Audit and Finance Committee:
THE COUNTY LEGISLATURE OF THE COUNTY OF ALBANY, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. The County of Albany, New York (the “County”) is hereby authorized to construct and reconstruct various bridges in Albany County, New York, together with any necessary site work and the acquisition and installation of furnishings, equipment, machinery and apparatus for the foregoing purposes, together with the preparation of planning, engineering and feasibility studies and review, as further described in the 2022 Capital Plan in the County’s 2022-2026 Capital Program, as amended and supplemented (hereinafter referred to as the “Capital Program”). The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof (including costs relating to the issuance of the obligations authorized by this resolution), is an amount not to exceed $3,420,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of an amount not to exceed $3,420,000 of serial bonds (and bond anticipation notes in anticipation of the issuance of such serial bonds) in such series and amounts as may be necessary to pay the cost thereof, but in no event in excess of $3,420,000 to pay the cost of the capital projects.
The period of probable usefulness of the class of objects or purposes herein authorized and for which $3,420,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00(a)(10) of the New York Local Finance Law (the “Law”), is twenty (20) years.
Section 2. The County is hereby authorized to undertake a Highway Pavement Recycling Project for portions of CR 261, CR 53 and CR 9 in Albany County, New York, together with any necessary site work and the acquisition and installation of furnishings, equipment, machinery and apparatus for the foregoing purposes, together with the preparation of planning, engineering and feasibility studies and review, as further described in the 2022 Capital Plan in the County’s 2022-2026 Capital Program. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof (including costs relating to the issuance of the obligations authorized by this resolution), is an amount not to exceed $950,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of an amount not to exceed $950,000 of serial bonds (and bond anticipation notes in anticipation of the issuance of such serial bonds) in such series and amounts as may be necessary to pay the cost thereof, but in no event in excess of $950,000 to pay the cost of the capital projects.
The period of probable usefulness of the class of objects or purposes herein authorized and for which $950,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00(a)(20)(c), (d) and (e) of the Law, is fifteen (15) years.
Section 3. The County is hereby authorized to acquire heavy duty trucks and various other equipment, as further described in the 2022 Capital Plan in the County’s 2022-2026 Capital Program. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof (including costs relating to the issuance of the obligations authorized by this resolution), is an amount not to exceed $1,450,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of an amount not to exceed $1,450,000 of serial bonds (and bond anticipation notes in anticipation of the issuance of such serial bonds) in such series and amounts as may be necessary to pay the cost thereof, but in no event in excess of $1,450,000.
The periods of probable usefulness of the class of objects or purposes herein authorized and for which $1,450,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00(a)(28) of the Law, are described as follows: (a) for equipment having a cost greater than or equal to $30,000, fifteen (15) years and (b) for equipment having a cost in excess of $15,000 but less than $30,000, ten (10) years.
Section 4. The County is hereby authorized to undertake the construction of new highway garage facilities located in Towns of Knox and Coeymans, Albany County, New York, together with any necessary site work and the acquisition and installation of furnishings, equipment, machinery and apparatus for the foregoing purposes, together with the preparation of planning, engineering and feasibility studies and review, as further described in the 2022 Capital Plan in the County’s 2022-2026 Capital Program. The estimated maximum cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof (including costs relating to the issuance of the obligations authorized by this resolution), is an amount not to exceed $5,000,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of an amount not to exceed $5,000,000 of serial bonds (and bond anticipation notes in anticipation of the issuance of such serial bonds) in such series and amounts as may be necessary to pay the cost thereof, but in no event in excess of $5,000,000 to pay the cost of the capital project.
The period of probable usefulness of the class of objects or purposes herein authorized and for which $5,000,000 of said serial bonds are herein authorized to be issued, within the limitations of Section 11.00(a)(11)(a)(1) of the Law, is thirty (30) years.
Section 5. Serial bonds (and bond anticipation notes in anticipation of the issuance of such serial bonds) in the aggregate principal amount not to exceed $10,820,000 to finance said appropriations are hereby authorized to be issued pursuant to the provisions of the Law.
Section 6. The following additional matters are hereby determined and stated:
(a) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the serial bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 of the Law.
(b) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.
Section 7. The serial bonds authorized by this resolution and any notes issued in anticipation of the sale of such bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the taxable real property within the County without limitation of rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 8. Subject to the provisions of this resolution and of the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 23.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 63.00 and Section 164.00 of the Law, the powers and duties of the County Legislature pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the County Comptroller, the chief fiscal officer of the County.
Section 9. The County Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution and any notes issued in anticipation thereof, if applicable, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.
Section 10. The County Comptroller is further authorized to enter into a continuing disclosure undertaking with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
Section 11. Pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the “SEQR Act”) and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the “Regulations” and collectively with the SEQR Act, “SEQRA”), the County must satisfy the requirements contained in SEQRA prior to making a final determination whether to proceed with the above referenced projects.
(a) (1) Except as provided below, based upon an examination of the projects and memoranda from the Albany County Department of Economic Development, Conservation and Planning, the County hereby makes the following determination: The various bridge projects authorized by this resolution described in Section 1 constitute a “Type II action” pursuant to 6 NYCRR 617.5(c)(2); and therefore that, pursuant to 6 NYCRR 617.6(a)(1)(i), the County has no further responsibilities under SEQRA with respect to those projects.
(2) With respect to the replacement of the Albany County Rail Trail bridge, based upon an examination of the projects and memoranda from the Albany County Department of Economic Development, Conservation and Planning, the County hereby makes the following determination:
(A) The replacement of the Albany County Rail Trail bridge constitute a “Type I action” (as said quoted term is defined in the Regulations).
(B) The County took steps to establish a “lead agency” (as said quoted term is defined in the Regulations) and, following such steps the County appointed itself the “lead agency” with respect to the replacement of the Albany County Rail Trail bridge.
(B) Following a review of Full Environmental Assessment Form prepared by Department of Economic Development, Conservation and Planning, the County hereby determines that the project will result in no major impacts and, therefore, is one that will not cause significant damage to the environment.
(C) Therefore, the County hereby determines that the replacement of the Albany County Rail Trail bridge will not have a significant effect on the environment, and the County will not require the preparation of an environmental impact statement with respect to the project.
(D) As a consequence of the foregoing, the County has decided to prepare a negative declaration with respect to the replacement of the Albany County Rail Trail bridge.
(b) Based upon an examination of the projects and memoranda from the Albany County Department of Economic Development, Conservation and Planning, the County hereby makes the following determination: The Highway Pavement Recycling Projects authorized by this resolution described in Section 2 constitute a “Type II action” pursuant to 6 NYCRR 617.5(c)(5); and therefore that, pursuant to 6 NYCRR 617.6(a)(1)(i), the County has no further responsibilities under SEQRA with respect to those projects.
(c) Based upon an examination of the projects and memoranda from the Albany County Department of Economic Development, Conservation and Planning, the County hereby makes the following determination: The acquisition of heavy duty trucks and various other equipment authorized by this resolution described in Section 3 constitute a “Type II action” pursuant to 6 NYCRR 617.5(c)(31); and therefore that, pursuant to 6 NYCRR 617.6(a)(1)(i), the County has no further responsibilities under SEQRA with respect to those projects.
(d) Based upon an examination of the project and a memorandum from the Albany County Department of Economic Development, Conservation and Planning, the County hereby makes the following determination:
(1) The construction of new highway garage facilities located in the Towns of Knox and Coeymans described in Section 4 constitute an “Unlisted action” (as said quoted term is defined in the Regulations) and therefore coordinated review and notification of other involved agencies is strictly optional.
(2) The County hereby determines not to undertake a coordinated review of the construction of new highway garage facilities, and therefore will not seek lead agency status with respect to the projects;
(3) The project will result in no major impacts and, therefore, is one that will not cause significant damage to the environment. Therefore, the County hereby determines that the construction of new highway garage facilities will not have a significant effect on the environment, and the County will not require the preparation of an environmental impact statement with respect to either project; and
(4) As a consequence of the foregoing, the County has decided to prepare a negative declaration with respect to the construction of new highway garage facilities.
Section 12. The County may initially use funds from the General Fund or such other funds that may be available to pay the cost of the specific objects or purposes authorized by this resolution, pursuant to Section 165.10 of the Law. The County then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 5 of this resolution. This resolution shall constitute the declaration of the County’s “official intent” to reimburse the expenditures authorized by Sections 1, 2, 3, and 4 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulation Section 1.150-2.
Section 13. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if:
(a) (1) such obligations are authorized for an object or purpose for which the County 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 are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(b) such obligations are authorized in violation of the provisions of the constitution.
Section 14. This bond resolution shall take effect immediately and the Clerk of the County Legislature is hereby authorized and directed to publish the foregoing resolution in full (or a summary as permitted by the Law), together with a notice attached in substantially the form as prescribed in Section 81.00 of the Law, in the newspaper(s) designated as the official newspaper(s) of the County for such publication.