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AGREEMENTS\Glens Falls—Carey Road Sewer District Improvement—12-21-15
RESOLUTION AUTHORIZING CAREY ROAD SEWER DISTRICT
SEWER IMPROVEMENT AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND CITY OF GLENS FALLS
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the City of Glens Falls ("City") owns certain sewer mains including those
located on Broad Street and Hudson Avenue in the City of Glens Falls which sewer mains service
the City and the Town, and
WHEREAS, the Town of Queensbury ("Town") wishes to promote development in the
vicinity of Carey Road by establishing the Carey Road Sewer District("Carey Road Development")
located within the Town, which Carey Road Development would discharge wastewater to the
City's Broad Street sewer main and result in increased wastewater flows,and
WHEREAS, a hydraulic analysis has been performed on the City's Broad Street sewer main
which analysis shows that there is insufficient capacity available to accommodate increased flows
which may result from the Carey Road Development, and
WHEREAS, by Resolution No.: 108,2015, the Queensbury Town Board authorized a
Hudson Avenue Sewer Improvement Agreement between the City and Town which provides for
certain upgrades to the sewer main on Hudson Avenue to accommodate, for the immediate future,
the increased flows that will result from the Carey Road Development,and
•
WHEREAS, the Town and City recognize the need to implement a process by which
additional improvements can be made to the Broad Street sewer main to accommodate potential
future increased flows resulting from the Carey Road Development, and
WHEREAS, the City and Town have negotiated terms for an Agreement whereby they
would agree to cooperate to effectuate the improvements to the Broad Street sewer main which
improvements are in the best interests of the respective municipalities,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Carey
Road Sewer District Sewer Improvement Agreement as generally set forth in this Resolution
substantially in the form presented at this meeting and in form to be acceptable to the Town
Supervisor and Wastewater Director, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
such Agreement and the Town Supervisor, Wastewater Director, Town Budget Officer and/or
Town Counsel to take such other and further action necessary to effectuate the terms of this
Resolution and Agreement.
Duly adopted this 21'day of December,2015 by the following vote:
AYES :
NOES :
ABSENT:
2
CAREY ROAD SEWER DISTRICT SEWER IMPROVEMENT AGREEMENT
This Agreement is made as of December 2015 by and between the City of Glens Falls, a
municipal corporation with offices located at 42 Ridge Street, Glens Falls, New York (hereinafter "the
City") and the Town of Queensbury, a municipal corporation with offices located at 742 Bay Road,
Queensbury,New York(hereinafter"the Town").
RECITALS
WHEREAS, the City owns certain sewer mains located on Broad Street, Hudson Avenue and
Luzerne Road in the City of Glens Falls which sewer mains service the City and the Town,and
WHEREAS, the Town desires to promote development in the vicinity of Carey Road by
establishment of the Carey Road Sewer District (hereinafter "Carey Road Development") located within
the Town of Queensbury which development would discharge wastewater to the City's Broad Street
sewer main and would result in increased wastewater flows therein,and
WHEREAS, a hydraulic analysis has been performed on the City's Broad Street sewer main
which analysis shows that there is insufficient capacity available to accommodate increased flows
resulting from the Carey Road Development, and
WHEREAS, The Town and City entered into an Agreement titled "Hudson Avenue Sewer
Improvement Agreement" dated May 2015 which provides for certain upgrades to the sewer main on
Hudson Avenue to accommodate, for the immediate future, the increased flows that will result from the
Carey Road Development,and
WHEREAS, the City and the Town recognize the need to implement a process by which
additional improvements can be made to the Broad Street sewer main to accommodate future increased
flows resulting from the Carey Road Development,and
WHEREAS, pursuant to the terms of the April 1, 2002 Wastewater Treatment Agreement
(hereinafter "Wastewater Treatment Agreement") the Town is responsible for all costs and expenses
associated with the improvements necessary to accommodate the increased flows resulting from the
Carey Road Development,and
WHEREAS, the City the Town agree to cooperate to effectuate the improvements to the Broad
Street sewer main which improvements are in the best interests of both municipalities,and
NOW, THEREFORE, in consideration of the mutual covenants, conditions and provisions
contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged,the parties agree as follows:
1. On or before April 1, 2016, the Town shall develop detailed bid-ready plans and
specifications for the sewer improvements necessary to the Broad Street sewer main to accommodate the
average daily flow of 85,549 gallons what is the rate of flow? resulting from the Carey Road
Development (hereinafter "Carey Road Sewer Improvements"). Said plans and specifications shall
include, but not be limited to, a list of all governmental permits and approvals required to be obtained by
the Town in order complete the work set forth in the plans and specification. Said plans and
specifications shall also include,but not be limited to,the requirement that the Town restore all disturbed
paved areas to the width of the roadway in which the disturbance took place. Patching and/or partial
restoration of the disturbed road surface areas is not permitted.is d.
2. Prior to the commencement of the Carey Road Sewer Improvements the Town shall
provide the City's Sewer Superintendent with the plans and specifications and obtain written approval
from the City to construct the Carey Road Sewer Improvements including the Luzerne Road flow meter.
The City shall not unreasonably withhold or delay written approval but shall be permitted to withhold
approval in the event that the Town owes any payment to the City under the Wastewater Treatment
Agreement or the Hudson Avenue Sewer Improvement Agreement.
3. Prior to the commencement of the Carey Road Sewer Improvements the Town shall
provide the Sewer Superintendent with proof of receipt of all required governmental permits and
approvals.
4. Prior to the Town discharging sewer flows through the Carey Road Sewer Improvements,
the Town shall purchase from the City additional capacity at the City wastewater treatment plant in the
amount of 85,549 l-gallons as stipulated in Amendment #2 to the Wastewater Treatment
Agreement dated November 1, 2012.:
5. Prior to the Town discharging sewer flows through the Carey Road Sewer Improvements
the Town shall obtain written approval from the City's Sewer Superintendent who shall not withhold said
written approval unless the Town has failed to construct the Carey Road Sewer Improvements in
accordance with the plans and specifications or has failed to purchase the capacity set forth in paragraph
#4 above.
6. The Town shall complete the Carey Road Sewer Improvements within nine(9)months of
earliest occurrence of one the following milestones:
a. The Town's peak hourly combined flows as measured at the Luzerne Road and
Broad/Thomas flow meters exceed an average of 250 gallons per minute for four
(4) consecutive or nonconsecutive fifteen (15) minute periods within a 30 day
period, or
b. The Town's monthly average daily combined flows as measured at the Luzerne
Road and Broad/Thomas flow meters exceed 150,000 gallons per day,or
c. The Town's combined flows cause surcharging(flows that are in excess of a full
sewer main pipe at any given time) of the City's sewer system at Broad Street,
Hudson Avenue or Luzerne Road,or
d. Fifteen(15)years from the date of this Agreement.
7. The Town shall notify the City of the occurrence of any of the foregoing milestones
within thirty(30)days of such an occurrence.
8. In the event that extraordinary weather conditions or other unusual correctable conditions
as determined solely by City's Sewer Superintendent, cause the occurrence of any of the events set forth
in section 6.a., 6.b. or 6.c., the City may, in its sole discretion, defer commencement of the Carey Road
Sewer Improvements to the next occurring milestone.
9. The Town, at is sole cost and expense, shall install a sewage flow meter on the
connection from the Town to the City on Luzerne Road in accordance with the terms of the Wastewater
Treatment Agreement.
10. The Town shall provide all flow data from the Broad/Thomas and Luzerne Road flow
meters to the City Sewer Superintendent within thirty(30)days of the end of each month.
11. The Town shall establish a capital reserve account for the Carey Road Sewer
Improvements which account shall have sufficient funds,based on the estimated construction cost,within
fifteen(15)years of the date of this Agreement to construct the Carey Road Sewer Improvements..
12. In the event that the Carey Road Sewer Improvements are not constructed pursuant to the
terms of this agreement, the Town shall impose a moratorium prohibiting sewer connections outside of
the Luzerne Road Portion of Tech Park or the West Queensbury Sewer District for which capacity was
previously purchased, which would discharge to the Broad Street and Luzerne Road sewer mains and the
City may deny any and all requests for new connections to the City's Sewer lines as required pursuant to
section 4.04 of the Wastewater Treatment Agreement.
13. No waiver by either party of any term or condition of this Agreement shall be effective
unless in writing signed by the party to be charged,nor shall any such waiver be deemed or construed as a
waiver of any other terms or condition, nor shall a waiver of any breach be deemed to constitute a waiver
of any subsequent breach,whether of the same of another provision of this Agreement.
14. This Agreement shall survive the expiration and/or termination of the Wastewater
Treatment Agreement in the event that said Wastewater Treatment Agreement shall expire and/or
terminate prior to the end of the fifteen(15)year period set forth in section 6.d. above.
15. In the event of litigation between the parties with regard to this Agreement,the prevailing
party(as determined by the Court)shall be awarded all of its costs and expenses incurred as a result of the
litigation, including without limitation, attorneys' fees,paralegal fees, filing fees, engineering fees,travel
expenses,copying and communication costs.
16. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original,but all of which shall constitute one agreement.
17. This Agreement shall be interpreted under the Laws of the State of New York. Any
dispute arising from or related to this Agreement shall be brought in the Warren County Supreme Court.
IN WITNESS WHEREOF, each of the parties has duly executed this Agreement as of the date first
written above.
CITY OF GLENS FALLS TOWN OF QUEENSBURY
By: By:
John Diamond,Mayor John Strough,Supervisor