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AGREEMENTS1Memorandum of Understanding—With DOT—Glen Street Drainage—1-25-2021
RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING
BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE
DEPARTMENT OF TRANSPORTATION REGARDING
DRAINAGE IMPROVEMENTS TO ALLEVIATE FLOODING
CONDITIONS ALONG STATE ROUTE 9
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury and the New York State Department of
Transportation wish to enter into a Memorandum of Understanding (MOU) to formalize their
respective obligations relating to drainage improvements to be made on land located at 1 Rudley
Drive, Queensbury and identified as Tax Map Parcel No.: 302.10-1-18 (Site) to alleviate
icing/localized flooding conditions along State Route 9 proximate to the Site, and
WHEREAS, a proposed MOU is presented at this meeting and is in form acceptable to
Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Memorandum of
Understanding Between Town of Queensbury and New York State Department of Transportation
(MOU) substantially in the form presented at this meeting, and
BE IT FURTHER,
r
RESOLVED, that the proposed MOU contemplates activities that constitute an Unlisted
Action for purposes of the State Environmental Quality Review Act (SEQRA) and, after
undertaking uncoordinated review and after a thorough analysis of the proposed Action, the
Town Board hereby finds that no significant environmental impacts are likely to result and
hereby adopts a SEQRA Negative Declaration, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Memorandum of Understanding and any other needed documentation, and the Town
Supervisor and Town Clerk to take any other needed actions to effectuate the terms of this
Resolution.
Duly adopted this 25`"day of January,2021,by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\Memorandum of Understanding—With DOT—Glen Street Drainage Project—January 2021
MEMORANDUM OF UNDERSTANDING BETWEEN
TOWN of QUEENSBURY and NEW YORK STATE DEPARTMENT OF
TRANSPORTATION
1. Parties: This Memorandum of Understanding ("MOU") is entered into by and
between the Town of Queensbury, a Municipality of the State of New York having its principal
office at 742 Bay Road, Queensbury, NY 12804 ("TOWN") and the New York State Department
of Transportation, having its principal office at 50 Wolf Road Albany, NY 12232 ("DOT") on
, 2021 ("Effective Date").
2. Purpose: The purpose of this MOU is to formalize the mutual agreement of the
parties and to set forth each parties' respective obligations in reference to drainage improvements
to be made on land identified by Warren County Tax Map Number 302.10-1-18 ("Site") in order
to alleviate icing/localized flooding conditions along State Route 9 proximate to the Site.
3. TOWN Responsibilities: The TOWN will engage an Engineering consultant at its
sole cost to design minor drainage improvements to be located on the Site. While not yet
designed, the parties to this MOU anticipate that the design will include a small diameter pipe
and catch basin or other drainage structure to collect stormwater runoff from a depression area
on the Site and deliver it to certain DOT-owned stormwater infrastructure located along State
Route 9. This improvement is intended to replace a small diameter drainage pipe currently
located on property identified by Warren County Tax Map Number 302.06-1-14 that is currently
draining into the same general area. The TOWN will obtain all real property rights necessary to
construct the improvements as designed and for continued maintenance of the infrastructure. All
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Memorandum of Understanding
Re: Route 9 Drainage Improvements
12020
Page 2 of 2
necessary real property rights will be in favor of both the TOWN and DOT. Once constructed,
the TOWN will take ownership of the infrastructure.
4. DOT Responsibilities: DOT will review the .designs provided by the TOWN's
consulting Engineers. DOT's approval of the designs is necessary prior to any construction
obligation, however, DOT will not unreasonably withhold its approval. Upon design approval,
DOT will direct its "on-call" contractor to construct the new infrastructure over the Site in
accordance with the approved plans and will seek and obtain any necessary permits and
approvals. At its sole cost, DOT will maintain the improvements and will keep the
improvements in good working order, including repairing and/or replacing them as needed.
5. Full Agreement: This MOU sets forth the full agreement of the parties relating to
this matter and no alteration of any term contained herein is valid or enforceable unless in
writing and signed by the parties to this MOU.
6. AUTHORITY: By signing below, the parties to this Agreement represent to the
other that all necessary approvals have been obtained and that this Agreement is binding and
enforceable.
AGREED TO AS OF THE EFFECTIVE DATE:
New York State Department Town of Queensbury
of Transportation:
By: By:
John F. Strough, III, Supervisor
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