Loading...
368.97 RESOLUTION REQUESTING THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION TO PERFORM MUNICIPAL BETTERMENT PROJECT - INSTALLATION OF 328 METERS OF 4NPHS SANITARY FORCED SEWER MAIN ON THE AVIATION ROAD BRIDGE - PURSUANT TO HIGHWAY LAW §10(27) AND APPROPRIATING FUNDS THEREOF RESOLUTION NO.: 368, 97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, pursuant to Highway Law §10(27) the Commissioner of Transportation ("Commissioner") may, upon the request of a municipality, perform for at the expense of such municipality, any work of construction or reconstruction, including the removal and relocation of facilities, provided 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, the New York State Department of Transportation (DOT) is progressing a project to replace the existing two (2) lane bridge carrying Aviation Road over Interstate 87 at Exit 19, State Highway 9379 in the Town of Queensbury with a new five (5) lane bridge at an increased vertical clearance including reconstruction of the Interstate ramps up to the new grade, and improvements to 1,070 meters of Interstate 87 mainline and pedestrian/bicyclist accommodations on Aviation Road, and WHEREAS, pursuant to Highway Law §10(27), the Town wishes NYS DOT to perform a "Municipal Betterment Project" consisting of the installation of 328 meters (1200 LF) of 4NPS Sanitary Forced Sewer Main on the bridge and the north side of Aviation Road from a junction at Burke Drive easterly to just east of the Interstate ramp connections of ramps C and D, and the replacement of sidewalks, lighting and water lines, and WHEREAS, NYS DOT has estimated the cost of the Municipal Betterment Project to be $141,000, and WHEREAS, in connection with this Resolution and no later than NYS DOT's award of contracts inclusive of the work contemplated by this Resolution, the Town shall deposit with the State Comptroller, subject to the draft or requisition of the Commissioner, the amount of the cost estimate, to be expended on the costs of the Betterment so requested and approved, and WHEREAS, upon completion and payment of the Municipal Betterment project contemplated herein, 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, and WHEREAS, the Town is receiving the costs of the Municipal Betterment Project from the Queensbury Union Free School District and will support this Project if such School District agrees to pay all of its costs, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Municipal Betterment Project described in this resolution, and BE IT FURTHER, RESOLVED, that the Town will provide the sum of ONE HUNDRED FORTY ONE THOUSAND DOLLARS ($141,000) received from the Queensbury Union Free School District for deposit with the State Comptroller pursuant to this Betterment Resolution with NYS DOT and expenditure on the draft or requisition of NYS DOT for Betterment costs in accordance with Highway Law §10(27) and such Betterment Resolution, and BE IT FURTHER, RESOLVED, that the Town of Queensbury will operate and maintain the Municipal Betterment Project, including the sidewalks, lighting and water lines and will make ample provision each year for such operation and maintenance and the State shall have no operating or maintenance responsibility therefor after construction, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute any necessary agreements or other instruments on behalf of the Town of Queensbury in connection with the advancement or funding of the Project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk to file a certified copy of this Resolution with the New York State Comptroller and the New York State Commissioner of Transportation, with the understanding that upon completion of the Betterment Project by NYS DOT, that NYS DOT shall transmit to the Town of Queensbury a statement showing the actual costs and expenses of the Betterment Project and shall notify the fiscal officer of the amount due from or to be returned to the Town, as the case may be, and that any sum due to NYS DOT shall be paid by the Town within ninety (90) days after the date of transmittal of such statement, and the funds therefore shall be raised according to laws of the State of New York, as applicable and that such funds are to be provided by the Queensbury Union Free School District. Duly adopted this 6th day of October, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None