Montgomery County Seal!RESOLUTION NO. 259 of 2021

DATED: November 30, 2021
     

RESOLUTION ADOPTING INTRODUCTORY LAW F (LOCAL LAW 6 OF 2021) - A LOCAL LAW AUTHORIZING CONVEYANCE OF PROPERTY TO THE TOWN OF FLORIDA (COUNTY LEGISLATURE)


Resolution by Legislator:   Purtell
Seconded by: Wilson

WHEREAS, Resolution Number 298 of 2000 authorized Montgomery County to enter into a Water and Sewer Intermunicipal Agreement with the City of Amsterdam and Town of Florida (hereinafter "IMA"); and

WHEREAS, in the IMA, the parties agreed that after construction was complete that the infrastructure would be conveyed by Montgomery County to the City of Amsterdam and the Town of Florida; and

WHEREAS, a  three million gallon storage water tank and other appurtances was constructed on land that is now owned by Montgomery County that needs to be conveyed to the Town of Florida; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law F (Local Law 6) of 2021 hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LAW F (LOCAL LAW 6 OF 2021) - A LOCAL LAW AUTHORIZING CONVEYANCE OF PROPERTY TO THE TOWN OF FLORIDA

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1. The purpose of this local law is to authorize conveyance of property to the Town of Floriday as agreed to in the 2000 Water and Sewer Intermunicipal Agreement between Montgomery County, the City of Amsterdam and Town of Florida.

SECTION 2.   That the property to be conveyed is Tax Map Parcel No. 54.-1-34.21.         

SECTION 3.  That the lands described in Section 2 are not being used by the County for ordinary county purposes.

SECTION 4. The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale.

SECTION 5.  That the lands described in Section 2 may be conveyed to the Town of Florida without advertising or competitive bidding. Consideration for this sale shall be $100,0000.00.

SECTION 6.  That the County Executive be, and hereby is, authorized to sign any nessary documents to effectuate this conveyance.

SECTION 8.  To the extent that this local law is inconsistent with Section 215 of the County Law of the State of New York it shall supersede that section.

SECTION 9.  If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect. 

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (11/30/2021)


Statement of Legislative and Financial Impact:

I. Nature of Request:

ADOPTING INTRODUCTORY LAW F (LOCAL LAW 6 OF 2021) - A LOCAL LAW AUTHORIZING CONVEYANCE OF PROPERTY TO THE TOWN OF FLORIDA


II. Justification:

This is necessary to finalize actions agreed to in the 2000 Intermunicipal Agreement with the Town of Florida and City of Amsterdam.


III. Legislative Impact:

The Legislature is empowered by the Municipal Home Rule Law to pass local laws relating to the sale or lease of County owned property.


IV. Financial Impact:

None. Property is effectively managed and maintained currently by the Town of Florida. This is finalizing something from 2000.



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Yes 
Sweet (R) Yes 
Dimond (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Yes 
Duchessi (D) Absent 
Pepe (R) Yes 
Isabel (D) Absent 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 30th day of November, 2021, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 2nd day of December, 2021


Totals:Aye: 7
Nay: 0 
Abstained: 0
Absent: 2



This resolution was approved by the County Executive on 12/2/2021
Resolution was enacted on 12/2/2021