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354.2011 Payment Sewage Bill City GF RESOLUTION AUTHORIZING SEWAGE BILL PAYMENT TO CITY OF GLENS FALLS RESOLUTION NO.: 354,2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy Brewer WHEREAS, the Town of Queensbury (Queensbury) and the City of Glens Falls (City) are parties to a Wastewater Treatment Agreement, pursuant to which the Town disposes of wastewater at the City of Glens Falls Sewage Treatment Plant for the fees described therein, and WHEREAS, the Town and the City are in disagreement as to the amounts owed for such disposal, and WHEREAS, the Town has made good faith, quarterly payments to the City for the last seven (7) quarters, and WHEREAS, the City has commenced a litigation action against the Town pursuant to which the City seeks an additional, approximately $570,000 for the last seven (7) quarters, and WHEREAS, the Town has commissioned an auditor to analyze the situation and provide input as to amounts properly owed, and WHEREAS, the auditor indicates that the Town should bear responsibility for a total amount of approximately $857,500, and WHEREAS, therefore the $157,500 difference is essentially undisputed, and WHEREAS, the Town has always stated that it will pay the City whatever amount is due and properly owed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment of $157,500 to the City of Glens Falls without prejudice as to the ultimate outcome of the litigation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of December, 2011, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT : None