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