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500.2006 RESOLUTION AUTHORIZING OUT-OF-DISTRICT SEWER AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SURREY FIELDS HOMEOWNERS ASSOCIATION, INC. OR ITS TRANSPORTATION CORPORATION RESOLUTION NO.: 500, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury has established and created several Sewer Districts as follows: 1.Central Queensbury Quaker Road Sewer District; 2.Hiland Park Sewer District; 3.Pershing-Ashley-Coolidge Sewer District; 4.Queensbury Technical Park Sewer District (District); 5.Reservoir Park Sewer District; 6.Route 9 Sewer District; and 7.South Queensbury – Queensbury Avenue Sewer District; and WHEREAS, at times some Town residents wish to obtain sanitary sewer service from one of the Town’s Sewer District facilities but their properties are located outside the Sewer District boundaries; and WHEREAS, the Town’s Wastewater Director has received a request from the Surrey Fields Homeowners Association, Inc. (the “HOA”) to obtain sanitary sewer service from the Central Queensbury Quaker Road Sewer District’s facilities; and WHEREAS, the HOA is installing significant wastewater facilities and infrastructure to deal with the subdivision’s wastewater needs; and 1 WHEREAS, the HOA is forming a transportation corporation to own, maintain and operate such wastewater facilities and wishes to connect to the Town’s sewer lines; and WHEREAS, the HOA knows it cannot hook-up to the Town’s sewer lines until the sewer line for the Sewer District Extension #10 to Central Queensbury Quaker Road Sewer District is completely installed, inspected and approved; and WHEREAS, Surrey Fields subdivision is located outside such District’s boundaries; and WHEREAS, the Town of Queensbury wishes to supply Surrey Fields with such sanitary sewer service in accordance with Town Law §198(1); and WHEREAS, the Town’s Wastewater Director suggests that the Town enter into an out-of- district contract for sanitary sewer service with the HOA or its transportation corporation. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Wastewater Director to enter into an Out-of-District Agreement, in form acceptable to the Town Wastewater Director and to Town Counsel, between the Town of Queensbury and either Surrey Fields Homeowners Association, Inc. or its transportation corporation for sanitary sewer service to serve the Surrey Fields subdivision off Bay Road as shown on plans prepared by Nace Engineering and reviewed by New York State Department of Environmental Conservation and C.T. Male Associates, P.C.; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Wastewater Director to make all necessary arrangements, including collection of any fees from Surrey Fields Homeowners 2 Association, Inc. or its transportation corporation and signing the Agreement, in accordance with Town Law §198(1), to effectuate the terms of this Resolution. th Duly adopted this 16 day of October, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 3