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311.2001 RESOLUTION AUTHORIZING ENGAGEMENT OF INDUSTRIAL & UTILITY VALUATION CONSULTANTS, INC. TO REVIEW DRAFT APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT CASE COMMENCED BY NIAGARA MOHAWK POWER CORPORATION RESOLUTION NO.:311, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town is engaged in litigation with Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc. regarding real property tax assessments on the Sherman Island Hydroelectric Generating Facility for the years 1994 to 2000, and WHEREAS, the amounts in dispute are very substantial and could result in large refunds to the property owners if the Petitioners prevail in the litigation, and WHEREAS, the Assessor and Town Counsel recommend that the Town Board engage the services of Industrial & Utility Valuation Consultants, Inc. to review the draft appraisal prepared by MDI Associates for the Town’s use in the litigation, with the cost for such review service not to exceed $2,100 without prior approval of the Town Board, and which cost shall be divided equally between the Town and the Queensbury Union Free School District, and WHEREAS, the Queensbury Union Free School District has approved engagement of the services of Industrial & Utility Valuation Consultants, Inc. to perform the proposed review on the stated terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Industrial & Utility Valuation Consultants, Inc. to review the draft appraisal of the Sherman Island Hydroelectric Generating Facility prepared for the Town’s use in litigation with Niagara Mohawk Power Corporation and Erie Boulevard Hydropower, Inc., with the cost for such review service not to exceed $2,100 without prior approval of this Board to be paid for from Account No.: 001-1355-4740, “Assessor’s Dept., Article 7”, and which cost shall be divided equally between the Town and the Queensbury Union Free School District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Counsel and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of July, 2001, by the following vote: AYES : Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner NOES : None ABSENT :Mr. Brewer