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542.2004 RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN FIRST AMENDED STIPULATION AND ORDER OF SETTLEMENT IN CONNECTION WITH SALE OF WATER TO TOWN OF MOREAU RESOLUTION NO.: 542, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board entered into an Intermunicipal Agreement with the Town of Moreau for the sale of water, and WHEREAS, such Intermunicipal Agreement was contingent upon the Town of Moreau achieving a settlement with General Electric of its federal and state court lawsuits and its creation of a new water district for the Town of Moreau’s affected area, and WHEREAS, the Town of Moreau achieved a settlement with General Electric, designed and constructed and operates and maintains a water system connected to the Town of Queensbury’s water supply, and complied with the terms of the settlement with General Electric, and WHEREAS, the Town of Moreau still has an unexpended balance in its Escrow Account from settlement funds it received from General Electric, and the Town of Moreau and General Electric wish to enter into an Amended Stipulation and Order of Settlement to set forth the terms of how the Town of Moreau may use unexpended funds to cover operation and maintenance expenses of its water system or water improvements, and WHEREAS, the Town of Moreau has presented the Town of Queensbury with such First Amended Stipulation and Order of Settlement (Stipulation) as it must also be executed by the Town of Queensbury, and WHEREAS, such Stipulation does not affect the Town of Queensbury in any negative way, and WHEREAS, a copy of the proposed Stipulation has been presented at this meeting and is in form acceptable to the Town’s Water Superintendent and Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the First Amended Stipulation and Order of Settlement referred to in the preambles of this Resolution and as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Stipulation and take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of November, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None I, Caroline H. Barber, Deputy Town Clerk I of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above st adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 1 day of November, 2004 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this nd 2 day of November 2004. SEAL SIGNED:______________________________________ Caroline H. Barber Deputy Town Clerk I Town of Queensbury 2 3