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127.93 RESOLUTION CONCERNING SEWER SERVICES FOR PASSARELLI BAY ROAD SUBDIVISION AND BAY MEADOWS SUBDIVISION RESOLUTION NO. 127, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has received a letter, dated February 5, 1993, from Thomas W. Nace, P.E., of Haanen Engineering, requesting, on behalf of the Passarelli Bay Road Subdivision, that 75,000 gallons per day of average daily flow be allocated in the sewer system for the project, and WHEREAS, the Town Board of the Town of Queensbury has also received a copy of a letter, dated February 5, 1993, from Nicholas D. Sciartelli, estimating that the daily needs for the sewer system in the Bay Meadows project will be 26,000 gallons per day, and WHEREAS, the Town Board of the Town of Queensbury has an Agreement with Hiland Park whereby Hiland Park gave up certain capacity in the Hiland Park sewer system but certain actions must be taken by the Town before it can use the said sewer capacity, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor, after the Town Attorney determines the correct legal methods and notices that should be used, to send written notice of the desire of the Town of Queensbury to use all of the 100,000 gallons per day of capacity relinquished by Hiland Park. The notice shall be sent in accordance with the terms and provisions of the agreement and indicate the Town's desire to use the capacity for other projects, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor and Town Attorney to take such other and further steps as may be necessary, including contact with Hiland Park's attorneys and, if necessary, the Bankruptcy Court, in order to exercise the Town's rights under the agreement. Duly adopted this 8th day of February, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT: None