099.2006
RESOLUTION AUTHORIZING NEW YORK STATE DEPARTMENT OF
TRANSPORTATION TO PERFORM A HIGHWAY OR BRIDGE
BETTERMENT PROJECT IN ACCORDANCE WITH HIGHWAY LAW
§10(27) RELATING TO ROUTES 9 AND 254 IMPROVEMENTS CAPITAL
PROJECT AND APPROPRIATING FUNDS FOR SUCH PROJECT
RESOLUTION NO.: 99, 2006
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, in accordance with New York State Highway Law §10(27), the
Commissioner of Transportation (Commissioner), upon the request of a municipality, may
perform for and at the expense of such municipality, any work of construction or reconstruction,
including the removal and relocation of facilities, provided that the Commissioner deems it
practicable to perform such work for such municipality in connection with the performance of any
work of construction, reconstruction or improvement under the Highway Law, and
WHEREAS, the Town of Queensbury (Town) is a municipality within the meaning of
such section of the Highway Law, and
WHEREAS, in accordance with Highway Law §19(27), the Town, in connection with the
Routes 9/254 congestion, Town of Queensbury, Warren County, wishes the New York State
Department of Transportation (NYS DOT) to perform certain work described in Schedule A (that
describes the “Betterment”) annexed to this Resolution, and
WHEREAS, there is a substantial public interest in and benefit to the performance of the
Betterment which will be part of the State or municipal highway system and will be available for
use by the general public, and
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WHEREAS, NYS DOT has estimated the cost of the Betterment, and
WHEREAS, in connection with Betterment Agreement and no later than NYS DOT’s
award of contracts inclusive of the work contemplated by such agreement, the Town shall deposit
in escrow with the State Comptroller, subject to the draft or requisition of the Commissioner, the
amount of such cost estimate, to be expended by the State Comptroller on the costs of the
Betterment so requested and approved or the return of the excess amount thereof, if any, to the
Town, and
WHEREAS, upon completion and payment of the costs of the Betterment, the
Commissioner shall determine the costs thereof to be borne by the Town and any excess of the
deposit shall be paid to the Town on the warrant of the State Comptroller on vouchers approved
by the Commissioner and, in the event such costs exceed the amount of the deposit, the Town
shall within 90 days of the receipt of notice from the Commissioner pay the amount of such
deficiency to the State Comptroller,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Betterment
described in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby appropriates the sum of sixty five thousand
dollars and no cents ($65,000.00) from Capital Project #137 - Route 9 & 254 Improvements - for
deposit with the State Comptroller in accordance with a Betterment Agreement with NYS DOT
and expenditure on the draft or requisition of NYS DOT for betterment project costs in
accordance with Highway Law §10(27) and such Betterment Agreement, and
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BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute all necessary agreements or other instruments on behalf of the Town of Queensbury in
connection with the advancement or funding of the Betterment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Executive Director
of Community Development to file a certified copy of this Resolution with the New York State
Comptroller and the New York State Commissioner of Transportation by attaching it to the
Betterment Agreement with NYS DOCT, it being understood that upon completion of the
Betterment by NYS DOT, NYS DOT shall transmit to the Town of Queensbury a statement
showing the actual costs and expenses of the Betterment and shall notify the Town’s Fiscal
Officer of the amount due from or to be returned to the Town of Queensbury, as the case may be,
and that any sum due to NYS DOT shall be paid by the Town of Queensbury within ninety (90)
days after the date of transmittal of such statement and the funds therefore shall be raised
according to law and the terms of the Betterment Agreement, as applicable, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Executive Director of Community Development to take any other action necessary to
effectuate all terms of this Resolution.
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Duly adopted this 6 day of February, 2006, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES : None
ABSENT : None
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