687.91
RESOLUTION AUTHORIZING REFUNDS REGARDING
EXEMPTION OF CERTAIN LOTS AS NO LONGER ASSESSABLE
AS PERTAINS TO RECREATION FEE LOCAL LAW
RESOLUTION NO.: 687, 1991
INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, on or about December 19, 1991, the Town Board
of the Town of Queensbury adopted Local Law No. 19, 1991, "A Local
Law to Amend the Code of the Town of Queensbury, Chapter 124
Thereof entitled, 'Parks and Recreation Areas' to Add a New
Paragraph Exempting Certain Lots as No Longer Assessable for
Recreation Fees," and
WHEREAS, the said Local Law provides for addition of a
definition of unbuildable lot, addition of an exemption from the
payment of recreation fees on unbuildable lots and provides
retroactive application in certain instances, and
WHEREAS, one individual, Curt Madison, previously paid
recreation fees in accordance with the previously adopted Local Law
and Rules and Regulations of the Town of Queensbury, and as a
result of the aforementioned retroactive provision in said Local
Law adopted on or about the 19th day of December, 1991, the said
individual is entitled to a partial or whole refund, and
WHEREAS, the Town Board of the Town of Queensbury
desires to pay said refund from the Capital Reserve Fund known as
R11 (Recreation Assessment Fund), as that is the fund which the
fees collected in excess were deposited,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury
hereby authorizes an expenditure of funds referred to in the
preambles of this resolution for payment to the individual who has
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overpaid recreation fees in accordance with the definition adopted
by the aforedescribed Local Law, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury
hereby authorizes the Town Supervisor to calculate the amount due
the individual is due refund of recreation fees in accordance with
the Local Law as adopted on or about December 19, 1991, and to make
payment of refund due said individual upon the submission of a
fully-executed voucher by the individual after the Town Board of
the Town of Queensbury has audited said voucher in accordance with
its usual practices, and
BE IT FURTHER,
RESOLVED, that this resolution shall be subject to a
permissive referendum in accordance with the provisions of
Article 7 of the Town Law, and the Town Clerk of the Town of
Queensbury is hereby authorized and directed to publish and post a
copy of this resolution and take such other further actions as may
be required by law to publish the same, and
BE IT FURTHER,
RESOLVED, that the authorization of payment set forth in
this resolution shall not be exercised until such time as the time
period for permissive referendum has expired or until such time, if
a referendum is requested, that the same is approved.
Duly adopted this 19th day of December, 1991, by the
following vote:
AYES : Mrs. Potenza, Mr. Montesi, Mr. Borgos
NOES : None
ABSENT: Mr. Kurosaka, Mrs. Monahan
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