091.2014 Out of District Water Wastewater Agreements Realty Holdings 1519 State Rte 9 RESOLUTION AUTHORIZING OUT OF DISTRICT AGREEMENTS
FOR THE PROVISION OF WATER AND WASTEWATER SERVICES
BETWEEN THE TOWN OF QUEENSBURY AND NORTH HIGH
REALTY HOLDINGS, INC. CONCERNING PROPERTY
LOCATED AT 1519 STATE ROUTE 9, QUEENSBURY
RESOLUTION NO. 91,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, North High Realty Holdings, Inc. ("North High"), owner of the parcel of
property located at 1519 State Route 9, Town of Queensbury, Warren County, New York and
known as Tax Map Parcel #288.12-1-4 (the "Property") has requested that the Property be provided
Town wastewater and water services, and
WHEREAS, the Property is currently located outside of the boundaries of any Town Sewer
or Water District, and
WHEREAS, to service the property with either Town water or wastewater services,
connections must be made to private water and sewer facilities owned by a neighboring property
owner, Royal Hospitality, LLC ("Royal Hospitality") and currently servicing Royal Hospitality's
property located at 1533 State Route 9, Queensbury, and
WHEREAS, Royal Hospitality, LLC has provided written authorization for North High to
connect to Royal Hospitality's lines to provide the Property with Town wastewater and water
services, and
WHEREAS, Royal Hospitality's property located at 1533 State Route 9, Queensbury, is
also outside of any Town Water or Sewer District, however, Royal Hospitality entered into Out of
District Agreements with the Town for the provision of water and wastewater services, and
WHEREAS, Royal Hospitality's Out of District Agreements restrict other properties from
connecting to Royal Hospitality's wastewater and sewer infrastructure, and
WHEREAS, both the Town Water Superintendent and Wastewater Director have reviewed
the proposed connections of the property to Royal Hospitality's water and wastewater infrastructure
as well as the proposed Out of District Agreements and have approved the proposed connections
and Agreements, subject to Town Board approval, and
WHEREAS, as the proposed connections will have to be made to privately owned water and
sewer infrastructure, modifications will have to be made to the Town's standard Out of District
Agreements, and
WHEREAS, the Town Board wishes to authorize the provision of municipal water and
wastewater services to the Property, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes entering into Out of District
Water and Wastewater Agreements with North High Realty Holdings, Inc. in forms similar to those
attached hereto as Exhibits A and B and to provide Town wastewater and water services to the
North High's property located at 1519 State Route 9, Queensbury New York, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes North High to connect the Property to the
wastewater and water service infrastructure owned by Royal Hospitality and currently servicing
1533 State Route 9, after the applicable Agreements are signed by all parties, and
BE IT FURTHER,
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RESOLVED, that the connections between the Property and the infrastructure owned by
Royal Hospitality and currently servicing 1533 State Route 9 shall be made in a manner directed,
reviewed and approved by the Town of Queensbury Water Superintendent and Wastewater
Director, respectively, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury Water Superintendent and/or Wastewater
Director are hereby authorized and directed to execute and deliver instruments and documents
and to take all actions necessary to effectuate the respective Agreements and connections
authorized herein
Duly adopted this l Oth day of March, 2014, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
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