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585.2005 RESOLUTION AUTHORIZING CREATION OF QUEENSBURY SCHOOL OUTDOOR FACILITY IMPROVEMENT PROJECT AND CAPITAL IMPROVEMENT PROJECT FUND #156, EXPENDITURE AND WITHDRAWAL OF $140,000 FROM CAPITAL RESERVE FUND AND EXECUTION OF RECREATION AGREEMENT RESOLUTION NO.: 585, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund No. 61 (Fund No. 61) for future recreational developments, and WHEREAS, the Queensbury Recreation Commission has previously discussed and agreed to partner with the School District to relocate and expand on the campus outdoor tennis and basketball court facilities, and WHEREAS, the Recreation Commission supports this joint project expenditure which would be in the best interest of both organizations as well as a benefit to the community, and WHEREAS, the Department of Parks and Recreation makes use of the basketball/tennis courts for recreational programs and activities in both the summer and winter seasons, and WHEREAS, a draft Agreement setting forth the proposed division of responsibilities between the organizations has been prepared as the result of many months of discussions and negotiations between Counsel and representatives of both organizations, and WHEREAS, such Agreement is acceptable to the Town’s Director of Parks and Recreation, and WHEREAS, such Agreement is in form approved by Town Counsel, and WHEREAS, the Town Board wishes to withdraw and expend moneys from Capital Reserve Fund No. 61 in the amount of $140,000 for specific capital improvements and certain items of equipment for the School District Outdoor Facility Project to include construction of four (4) tennis courts which will be lighted and can be flooded and used as an ice rink in the winter as further set forth in the draft Agreement, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes creation of the joint outdoor facility project known as the Queensbury School District Outdoor Facility Project and Capital Project #156 and authorizes expenditures in the total amount of $140,000 for the purposes described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Recreation Agreement between the Town of Queensbury and Queensbury Union Free School District substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $140,000 to fund such Project as set forth in the Agreement, and 2 BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Queensbury School Outdoor Facility Project #156 is an expenditure for a specific capital project for which the reserve account was established, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Budget Officer and/or Director of Parks and Recreation to sign any other documentation and take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of December, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT:None 3