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100.2019 Tennis Court Repair Capital Park Improvement Project RESOLUTION AUTHORIZING TENNIS COURTS REPAIR/ RESURFACING CAPITAL PARK IMPROVEMENT PROJECT, INCREASE IN CAPITAL PROJECT FUND #156, WITHDRAWAL FROM CAPITAL RESERVE NO. 61 AND RECREATION AGREEMENT RESOLUTION NO.: 100, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden 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 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 Department of Parks and Recreation makes use of the basketball and tennis courts for recreational programs and activities, and WHEREAS, by Resolution No.: 585,2005, the Town Board authorized, in part, creation of the joint outdoor facility project known as the Queensbury School District Outdoor Facility Project and corresponding Capital Project #156, which included construction of tennis courts at the Queensbury School Campus, and WHEREAS, by Memorandum to the Town Board dated December 6, 2018, the Town’s Recreation Commission has requested funding approval for a proposed specific capital improvement and certain maintenance project, i.e., $30,000 toward the estimated $95,000 total cost to repair and resurface the tennis courts (Project), as the Recreation Commission believes that this joint project expenditure will continue to be in the best interest of both organizations as well as a benefit to the community, and WHEREAS, the School District has provided a draft Agreement for the division of rights and responsibilities related to the Project, and WHEREAS, the Town Board wishes to withdraw and expend moneys from Capital Reserve Fund No. 61 in the amount of $30,000 for such specific capital improvement Project, and WHEREAS, the Town Board wishes to authorize such Project and the withdrawal and expenditure of moneys from Reserve No. 61 in the total amount of $30,000, 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 the joint outdoor facility project, i.e, the repair and resurfacing of the tennis courts on the Queensbury School District Campus Capital Project (Project), and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Project is an expenditures for a specific capital improvement for which the Reserve Account was established and therefore authorizes an expenditure in the amount of $30,000 from Reserve No. 61, and BE IT FURTHER, 2 RESOLVED, that the Town Board hereby authorizes a transfer from Reserve Fund No.: 61 in the amount of $30,000 to Capital Project #156 to fund such Project and further directs that in the event there are funds remaining after completion of the Project or in the event that the Project is not undertaken, the moneys shall be returned to the Reserve, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to increase appropriations and estimated revenues, amend the Budget and take all actions as may be necessary to fund such Project as authorized and as follows:  156-7110-2899 Capital Construction - $30,000  156-0000-55031 Interfund Transfers - $30,000  001-9950-9030-0061 - Transfer to a Capital Project $30,000 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute a Recreation Agreement between the Town of Queensbury and Queensbury Union Free School District setting forth the parties’ rights and responsibilities as related to the Project and use of the facilities, such Agreement to be in a form acceptable to the Town’s Director of Parks and Recreation and Town Counsel, 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 3 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 18 day of March, 2019 by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 4