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WATER\Out of District Agreement—1533 State Route 9—Comfort Suites Property—3-21-2022
RESOLUTION AUTHORIZING OUT-OF-DISTRICT AGREEMENT
FOR PROVISION OF WATER SERVICES BETWEEN TOWN OF
QUEENSBURY AND 1533 QUEENSBURY LLC CONCERNING PROPERTY
LOCATED AT 1533 STATE ROUTE 9, QUEENSBURY
RESOLUTION NO.: 92022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated
Water District(Water District) and the Queensbury Water Treatment Plant, and
WHEREAS, 1533 Queensbury LLC, the new owner of the Comfort Suites Hotel (Owner)
located at 1533 State Route 9 in the Town of Queensbury(Tax Map No.: 288.8-1-5.2) has requested
that the property be provided Town water services, and
WHEREAS, the Property is currently located outside of the boundaries of any Town Water
District, and
WHEREAS, the Water Superintendent/Wastewater Director has recommended that if the
Town Board authorizes an Out-of-District Agreement for the supply of water services (Agreement)to
such property in accordance with Town Law §198(3)(b) it do so contingent upon the Agreement
containing provisions requiring the Owner to promptly:
1. provide the Town with an acceptable Map, Plan and Report to also extend the
Greater Queensbury Consolidated Sanitary Sewer District to include such
property;
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2. grant an Easement to the property's northern border, such Easement to be in form
acceptable to the Town Water Superintendent/Wastewater Director;
3. dedicate all infrastructure required by the Town Water Superintendent/Wastewater
Director, and
4. reimburse the Town for its costs involved in such Sewer District Extension
including attorneys' fees; and
WHEREAS, the Town Board wishes to authorize the Agreement in form acceptable to the
Town Supervisor, Town Water Superintendent/Wastewater Director and Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from
the Queensbury Consolidated Water District's Water Treatment Plant to 1533 Queensbury LLC, the
new owner of the Comfort Suites Hotel (Owner) located at 1533 State Route 9 in the Town of
Queensbury (Tax Map No.: 288.8-1-5.2), and an Out-of-District Agreement for the provision of
water services between the Town and Owner(Agreement) in form acceptable to the Town Supervisor,
Town Water Superintendent/Wastewater Director and Town Counsel contingent upon the Agreement
containing provisions requiring the Owner to:
1. provide the Town with an acceptable Map, Plan and Report to also extend the
Greater Queensbury Consolidated Sanitary Sewer District to include such
property;
2. grant an Easement to the property's northern border, such Easement to be in form
acceptable to the Town Water Superintendent/Wastewater Director;
3. dedicate all infrastructure required by the Town Water Superintendent/Wastewater
Director, and
4. reimburse the Town for its costs involved in such Sewer District Extension
including attorneys' fees; and
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BE IT FURTHER,
RESOLVED, that the Agreement shall provide that the new Owner provide such Map, Plan
and Report and other items to the Town within 90 days of this Resolution, and
BE IT FURTHER,
RESOLVED, that no Certificate of Occupancy will be applied for or granted by the Town until
after the Sewer District Extension for this parcel is to be established, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Water
Superintendent/Wastewater Director to execute the Agreement in form acceptable to the Town
Supervisor, Town Water Superintendent/Wastewater Director and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent/
Wastewater Director to take all needed actions and make all necessary arrangements including
executing and delivering the Agreement and documents for the supply of water in accordance with
Town Law §198(3)(b)to effectuate the terms of this Resolution and connection authorized herein.
Duly adopted this 21'day of March, 2022,by the following vote:
AYES
NOES
ABSENT:
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