4.3 4.3
WATER\Out of District Agreement—Fritsch—6-1-2020
RESOLUTION AUTHORIZING OUT OF DISTRICT AGREEMENT
FOR PROVISION OF WATER SERVICES BETWEEN
TOWN OF QUEENSBURY AND PAUL AND NORA FRITSCH
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated
Water District(Water District) and the Queensbury Water Treatment Plant, and
WHEREAS, Paul and Nora Fritsch have requested water service from the Water District for
their lot located at 59 Eagan Road in the Town of Queensbury (Tax Map No.: 316.5-1-13)
although the property is located directly adjacent and outside of the Water District, and
WHEREAS, the Town of Queensbury's past practice is to grant water service to residents
outside of the Water District until the next time that the Water District is extended, at which time
the residents' properties will become part of the Consolidated Water District, and
WHEREAS, the Water Superintendent has recommended that the Town Board authorize an
Agreement for the supply of water to Paul and Nora Fritsch in accordance with Town Law
§198(3)(b),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from
1
the Queensbury Consolidated Water District's Water Treatment Plant to Paul and Nora Fritsch for
their lot located at 59 Eagan Road in the Town of Queensbury (Tax Map No.: 316.5-1-13)
contingent upon Paul and Nora Fritsch signing an Out-of-District Agreement, such Agreement to be
in form approved by the Town Water Superintendent and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent
to make all necessary arrangements, including collecting the $100 capital buy-in fee and other
applicable soft costs from Paul and Nora Fritsch, and executing and delivering the Agreement and
documents for the supply of water in accordance with Town Law§198(3)(b),to effectuate the terms
of this Resolution and connections authorized herein.
Duly adopted this 1st day of June, 2020, by the following vote:
AYES :
NOES :
ABSENT:
2
AGREEMENTS\Water\Out of Water District Agreement—Fritsch—6-1-2020
MUNICIPAL OUT OF DISTRICT WATER SUPPLY AGREEMENT
BETWEEN
THE TOWN BOARD OF THE
TOWN OF QUEENSBURY
ON BEHALF OF THE
QUEENSBURY WATER DISTRICT
AND
PAUL AND NORA FRITSCH
SERVICE LOCATION:
59 EAGAN ROAD, TOWN OF QUEENSBURY
TAX MAP NUMBER 316.5-1-13
TABLE OF CONTENTS
Section No. Page
I. FACILITY; PROVISION OF WATER 3
II. CUSTOMER CONNECTION 3
III. CUSTOMER COSTS 4
IV. TERM 4
V. FUTURE EXTENSION OF WATER DISTRICT 5
VI. FORCE MAJEURE 5
VII. NOTICES 5
VIII. WAIVER AND SEVERABILITY 6
IX. GOVERNING LAW 6
X. SECTION HEADINGS, INDEX 6
XI. ENTIRE UNDERSTANDING 7
XII. QUEENSBURY TOWN BOARD APPROVAL 7
AGREEMENT
THIS AGREEMENT made by and between the TOWN BOARD OF THE TOWN OF QUEENSBURY
on behalf of the QUEENSBURY WATER DISTRICT, with its office at 742 Bay Road, Queensbury, New
York ("Queensbury"), and Paul and Nora Fritsch ("Customer") being the owners of property located at 59
Eagan Road, Queensbury, New York, Tax Map No.: 316.5-1-13, is entered into as of the 1st day of June,
2020.
WHEREAS, Queensbury has a water treatment plant facility for the treatment of water which
currently has capacity in excess of its residents' use;
WHEREAS, Customer wishes to obtain water from such facility and Customer's property is located
close to the boundary of the Queensbury Water District;
WHEREAS, Queensbury is agreeable to supply from such facility Customer's need for water in strict
accordance with the terms and provisions hereinafter set forth;
WHEREAS, Queensbury is authorized to enter into an agreement like this Agreement pursuant to
Town Law, Section 198(3)(b);
Queensbury and Customer hereby agree as follows:
SECTION I. FACILITY; PROVISION OF WATER
Queensbury has a water treatment plant facility located at 823 Corinth Road, Queensbury, New
York,which produces water for its residents(the"Facility"). The Facility has a capacity in excess of that
needed for the Queensbury Water District. The sale of water under this Agreement shall not affect the
Queensbury Water District or its inhabitants.
Queensbury agrees to sell and Customer agrees to buy water in the amount needed by Customer
on the terms herein. Customer shall only use such water for its own purposes and shall not sell it or
provide it to other parties. The maintenance and operation of the Facility shall be managed by
Queensbury through its duly authorized officials as its powers are established.
SECTION II. CUSTOMER CONNECTION
A. Connection and Meter. Customer shall, at its own expense, connect to Queensbury's water
system at such point as Queensbury shall approve and install a meter. The connection and the
3
installation of a meter shall be made in the same manner and according to the same rules as
would apply to a person within the District connecting to the water system.
B. Monitoring of Meter. Queensbury shall have access to such water meter and the associated
equipment, at all times.
SECTION III. CUSTOMER COSTS
A. Cost of Water. Customer shall pay Queensbury for water delivered at the connection point at
the same rate per thousand gallons of water as Queensbury charges its residential water
consumers. The cost per thousand gallons of water shall increase or decrease based upon the
current cost to Queensbury's consumers.
B. Capital Cost Surcharge. In addition, the Customer shall pay a surcharge to Queensbury to
approximate the capital costs of the Facility which he/she would pay if the property were located
within the Water District boundaries. Customer shall pay an amount equal to the property's
assessed value times the ad valorem tax rate for the Water District. Such surcharge shall be
due and payable at such time as Queensbury shall send Customer a bill detailing such
surcharge and Queensbury shall have discretion to bill the entire surcharge at once or to
allocate it over a year's bills.
C. Late Payments. Water charges and the Capital Cost Surcharge shall be due within thirty(30)
days after the receipt of a bill from Queensbury. Payments received after thirty(30)days will be
subject to the same late fees as are payable under Queensbury regulations for persons within
the District.
D. Soft Costs. The Customer is required to cover the soft costs incurred by the Town in the
execution of this Agreement and the buy-in fee to the Queensbury Water District. A payment of
$450 is due upon execution of the Agreement.
If payment is not received within one hundred twenty(120)days after it becomes due,
Queensbury may, at its option, discontinue furnishing water upon five (5) days written notice.
Queensbury may also, in its discretion, pursue its contractual rights under this Agreement in a court
of law.
SECTION IV. TERM
4
A. Term. This Agreement shall continue in effect from the date hereof through December 31 of
the calendar year of signing. On December 31 of each calendar year, this Agreement shall
automatically renew for the succeeding calendar year unless terminated pursuant to Paragraph
IV(B) below, and Customer shall then make its final payments under this Agreement.
B. Termination. Either Queensbury or Customer shall have the right to terminate this
Agreement by giving written notice to the other party by November 30 of a calendar year where
such termination shall be effective on January 1 of the following year. Customer shall remain
liable for any amounts owing under this Agreement until paid in full. Upon termination,
Queensbury is directed to disconnect water.
SECTION V. FUTURE EXTENSION OF WATER DISTRICT
If the Water District is extended in the future to include Customer's property, Customer shall
agree to have such an extension include Customer's property and shall take all such actions as
may reasonably be requested by Queensbury to support such extension. Upon the completion
of such extension,this Agreement shall terminate and Customer shall be treated identically to all
other property owners located within the District. Notwithstanding the above, Customer shall
remain liable for all amounts due under this Agreement including late fees, until paid in full.
SECTION VI. FORCE MAJEURE
Each of the parties hereto shall be excused from performance hereunder to the extent
prevented by any cause beyond its reasonable control, including but not limited to strikes, fire,
floods, and other acts of God. Any party so excused shall use due diligence to correct or
remove the cause giving rise to any such condition and to resume full performance herewith as
soon as feasible.
SECTION VII. NOTICES
All notice and communications hereunder shall be deemed to have been duly delivered if
deposited in the United States mail,first class postage prepaid, properly addressed to the party
entitled to receive such notice, at the address stated below:
If to Customer:
5
Paul and Nora Fritsch
59 Eagan Road
Queensbury, New York 12804
If to Queensbury:
Chris Harrington, Water Superintendent
Queensbury Water District
823 Corinth Road
Queensbury, New York 12804
SECTION VIII. WAIVER AND SEVERABILITY
A. Waiver. No waiver by either party of any term or condition of this Agreement shall be
effective unless in writing and signed by the party to be charged, nor shall any such waiver be
deemed or construed as waiver of any other term or condition, nor shall a waiver of any breach
be deemed to constitute a waiver of any subsequent breach, whether of the same or another
provision of this Agreement.
B. Severability. Should any one or more of the provisions of this Agreement for any reason be
held illegal or invalid, such illegality or invalidity shall not affect any other provision of this
Agreement; and this Agreement shall in all circumstances be construed and enforced as if such
illegal or invalid provision had not been contained herein.
C. Any Action. Any action taken by Queensbury pursuant to this Agreement, or the failure of
Queensbury to take an action allowed under this Agreement, shall not diminish Customer's
responsibility to comply with the provisions of this Agreement.
D. Town Water Regulations. To the extent not provided otherwise in this Agreement, the
Queensbury Water Department's normal rules, regulations and procedures shall apply and be
binding on each party.
SECTION IX. GOVERNING LAW
This Agreement shall be construed and enforced under the laws of the State of New York.
Venue for any action to enforce or interpret this Agreement shall be Warren County.
SECTION X. SECTION HEADINGS, INDEX
6
The section headings and Index have been inserted herein for convenience only and shall
not be deemed to be a part of this Agreement.
SECTION XI. ENTIRE UNDERSTANDING
This Agreement represents the entire understanding of the parties hereto with respect to the
subject matter hereof. This Agreement may be modified only by written agreement signed by
the parties hereto. Notwithstanding the foregoing, in the event a modification hereof is
necessary to prevent a violation of any applicable Federal or state statute or regulation,
interference with the Facility or appurtenant facilities, the parties hereto shall execute an
appropriate modification.
SECTION XII. QUEENSBURY TOWN BOARD APPROVAL
Attached to this Agreement as Exhibit 1 is a copy of the Queensbury Town Board Resolution
approving this Agreement and authorizing the Water Superintendent to execute it and take all
actions necessary to implement this Agreement.
IN WITNESS WHEREOF, each of the parties has duly executed this Agreement as of the
date stated above.
Paul Fritsch, Customer
BY:
Attest:
[ Nora Fritsch, Customer
BY:
Attest:
1
QUEENSBURY WATER DISTRICT
BY:
Chris Harrington, Water Superintendent
Attest:
STATE OF NEW YORK )
ss.:
COUNTY OF )
On this day of , 2020 before me, personally came to me
personally known and known to me to be the same person described in and who executed the within
Instrument and he acknowledged to me that he executed the same.
Notary Public
[STATE OF NEW YORK )
ss.:
COUNTY OF )
On this day of , 2020 before me, personally came to me
personally known and known to me to be the same person described in and who executed the within
Instrument and she acknowledged to me that she executed the same.
Notary Public]
STATE OF NEW YORK )
ss.:
COUNTY OF WARREN )
On this day of , 2020, before me personally came Chris Harrington,
to me known, who being by me duly sworn, did depose and say that he resides in Glens Falls;that
he is the Water Superintendent of the Queensbury Water District for the Town of Queensbury, the
municipal corporation described in and which executed the above instrument; and that he signed his
name thereto by resolution of the Town Board.
Notary Public
8
EXHIBIT 1
RESOLUTION AUTHORIZING OUT OF DISTRICT AGREEMENT
FOR PROVISION OF WATER SERVICES BETWEEN
TOWN OF QUEENSBURY AND PAUL AND NORA FRITSCH
RESOLUTION NO.: , 2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS,the Town of Queensbury established and created the Queensbury Consolidated
Water District (Water District) and the Queensbury Water Treatment Plant, and
WHEREAS, Paul and Nora Fritsch have requested water service from the Water District for
their lot located at 59 Eagan Road in the Town of Queensbury(Tax Map No.: 316.5-1-13)although the
property is located directly adjacent and outside of the Water District, and
WHEREAS, the Town of Queensbury's past practice is to grant water service to residents
outside of the Water District until the next time that the Water District is extended, at which time the
residents' properties will become part of the Consolidated Water District, and
WHEREAS,the Water Superintendent has recommended that the Town Board authorize an
Agreement for the supply of water to Paul and Nora Fritsch in accordance with Town Law§198(3)(b),
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes the supply of water from the
Queensbury Consolidated Water District's Water Treatment Plant to Paul and Nora Fritsch for their lot
located at 59 Eagan Road in the Town of Queensbury(Tax Map No.: 316.5-1-13) contingent upon
Paul and Nora Fritsch signing an Out-of-District Agreement, such Agreement to be in form approved
by the Town Water Superintendent and/or Town Counsel, and
BE IT FURTHER,
9
.
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent to
make all necessary arrangements, including collecting the$100 capital buy-in fee and other applicable
soft costs from Paul and Nora Fritsch, and executing and delivering the Agreement and documents for
the supply of water in accordance with Town Law§198(3)(b),to effectuate the terms of this Resolution
and connections authorized herein.
Duly adopted this 1st day of June, 2020, by the following vote:
AYES :
NOES :
ABSENT:
1
0