499.2006
RESOLUTION APPROVING SEWAGE-WORKS CORPORATION IN
CONNECTION WITH THE SURREY FIELDS SUBDIVISION
RESOLUTION NO. 499, 2006
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Surrey Fields Homeowner’s Association, Inc., (“Surrey Fields”) has
advised the Town Board that the New York State Department of Environmental Conservation
requires the formation of a Sewage-Works Corporation to own and maintain the Surrey Fields
Development’s on-site sewer collection system (the “sewer works”); and
WHEREAS, Surrey Fields requested that the Town Board consent to the formation of a
Sewage-Works (or “Transportation”) Corporation to be known as the Surrey Fields Waste Water
System, Inc., (the “Corporation”) which will own and maintain the entire sewer collection line,
pump station and force main system located within and adjacent to the Surrey Fields Homeowner’s
Association, Inc., property as shown on plans submitted by Surrey Fields to the Town’s Wastewater
Director; and
WHEREAS, the maps and specifications of the sewer works to be owned and operated by
the Corporation have been filed with the New York State Department of Environmental
Conservation which has indicated that the plans have been approved solely to allow the Town to
consent to the formation of the Corporation; and
WHEREAS, C. T. Male Associates, P.C., the Town’s Engineer, has examined the plans and
specifications of the sewer works and provided a written report to the Town Board finding the
information complete and the facilities acceptable and gave certain suggestions to the Town’s
Wastewater Director; and
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WHEREAS, the Town Board has agreed to waive any requirement for payment and
performance bonds for completion of the construction of the sewer work based on the fact that
connection to the Town’s wastewater system will not be permitted until such time as the Town
Wastewater Director is satisfied that the sewer works has been constructed satisfactorily and in
accordance with Town specifications; and
WHEREAS, the Town Board has received a guaranty from the owner of the Transportation
Corporation (i.e. Surrey Fields) of payment of all costs of operation and maintenance of the sewer
works and this payment obligation constitutes sewer rents payable to the Town secured by a lien on
all the real property in Surrey Fields; and
WHEREAS, the stock of the Corporation will be placed in escrow providing that title will
pass to the Town in the event of certain occurrences pursuant to an Escrow Agreement provided to
the Town; and
WHEREAS, the Town Board has satisfied itself that it has received all materials it needs to
issue its consent, and
WHEREAS, the Town Board wishes to issue its consent to the creation of such Sewage-
Works Corporation in accordance with New York State Transportation Corporations Law Article
10, “Sewage-Works Corporations”.
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and issues its consent to
the Sewage-Works Corporation required by the New York State Department of Environmental
Conservation and as requested by the Surrey Fields Homeowner’s Association, Inc. in connection
with the Surrey Fields Subdivision property, such consent being in accordance with New York State
Transportation Corporations Law Article 10, “Sewage-Works Corporations”; and
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BE IT FURTHER,
RESOLVED, that the Town Board retains the continuing right to review the adequacy of the
security provided in connection with the sewer works to determine whether it should be modified on
the basis of fiscal performance or other conditions; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to forward a
certified copy of this Resolution to the Surrey Fields Homeowner’s Association, Inc. and/or the
New York State Department of Environmental Conservation and/or the New York State
Department of Health and take such other and further action as may be necessary to effectuate the
terms of this Resolution; and
BE IT FURTHER,
RESOLVED, that in the future, should the Town Board engage new Town Counsel, then
assignment of the Escrow Agent’s responsibilities shall be transferred from current Town Counsel
Miller, Mannix, Schachner and Hafner, LLC to the Town’s new attorney of record in accordance
with the escrow agreement.
Duly adopted this 16th day of October, 2006, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
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