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062-07BAARD OF SUPERVISORS SOLUTION CONCURRING WITH THE ACTION OF THE FREDERICK -WINCHESTER SERVICE AUTHORITY TO ISSUE REVENUE BONDS WHEREAS, the Frederick-Winchester Service Authority (the "Authority") intends to finance the acquisition, construction and equipping of expansions and upgrades to the Parkins Mill Wastewater Treatment Plant (the "Project") by the issuance and sale of its sewer system revenue bond in the maximum aggregate principal amount not to exceed $39,410,000 (the "Bond"); WHEREAS, Section 7.3 of the Parkins Mill Wastewater Treatment Plant Agreement dated August 1, ]988, (the "Agreement") requires consent of all parties to amend, modify or otherwise alter the Agreement; and WHEREAS, the Board of Supervisors of Frederick County, Virginia (the "Board"), is a party to the Agreement; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: The Board hereby consents to the financing of the Project by the issuance and sale of the Bond. The Board authorizes and directs the County Administrator to execute and deliver any acknowledgement, amendment or modification to the Agreement necessitated by the issuance of the Bond. 2. This resolution shall take effect immediately upon its passage. Adopted, this _9th_ day of May, 2007. Gene E. Fisher and seconded by Bill Ewing the above Upon motion made by resolution was approved by the Frederick County Board of Supervisors at their meeting held on May _9_, 2007, by the following recorded vote: Aye Gene E. Fisher Aye Richard C. Shickle A e Philip A. Lemieux Aye Bill M. Ewing _~ Aye Barbara E. Van Osten Aye Charles S. DeHaven Gary W. Dove Aye A COPY TESTE: ;, ~~i~ John ~f2 ley, Jr. Cleriz;-Board of Supervisors Frederick County, Virginia 062-07 RESOLUTJON NO.: Memo To: Frederick County Board of Supervis rs From Jesse W. Moffett- Executive Directo Date: May 1, 2007 Re: Resolution Concurring with the Issuance of Revenue Bonds Parkins Mill Wastewater Treatment Plant Attached for your consideration is a resolution entitled RESOLUTION CONCURRING 1NITH THE ACTION OF THE FREDERICK-WINCHESTER SERVICE AUTHORITY TO ISSUE REVENUE BONDS. The Frederick-Winchester Service Authority, as owner of the Parkins Mill Wastewater Treatment Plant, and the Frederick County Sanitation Authority, as the sole user and operator of the facility, are undertaking expansion and upgrade of the facility to meet with capacity needs and requirements of the - nutrient discharge regulations for the Chesapeake Bay. This project is being funded through a $9,500,000 grant from the Water Quality Improvement Fund and a loan of $39,400,000 from the State Revolving Loan Fund and issued through the Virginia Resources Authority. A resolution of concurrence adopted by the County of Frederick, the City of Winchester, and the Frederick County Sanitation Authority, as parties to the Parkins Mill Wastewater Treatment Plant Agreement, is required for the Frederick-Winchester Service Authority to issue bonds for obtaining the loan from the Revolving Loan Fund. Repayment of these bonds lays solely with the Frederick County Sanitation Authority as stated in Section 3.3 -Additional Facilities of the Parkins Mill Agreement. • Page 1