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Discussion |
Whereas, the Village of Victor has been sued by Ontario Heights Development Inc, John G. Turner and Pioneer Corp. (the "plaintiff") regarding their application to obtain sewer for their project in the Town of Victor commonly know as the Drumlins and Whereas, the Village has reviewed the viability of the lawsuit and Whereas, should the Village of Victor be successful in defending the Plaintiffs motion for summary judgement the Plaintiffs have notified the Village that not only will they continue their lawsuit but they will amend their pleadings to include a request for monetary damages from the Village and its resident tax payers and Whereas, the Plaintiffs as an offer in compromise have agreed to pay to the Village a sewer hookup fee of $1500 per unit for each of its 21 proposed buildings despite any existing agreement between the Village and any other party and regarding hookup fees Whereas, the Plaintiffs have also agreed to fix and repair a manhole installed on Rawson Road by one of the plaintiffs and correct any ground water infiltration problems related thereto and Whereas, Plaintiffs have agreed to pay $10,000 to the Village to settle all issues regarding work formerly done on the oxidation ponds at the Villages Sewer Treatment Plant and Whereas, the Village has reviewed the situation and determined: 1. That should the Village lose the lawsuit any resulting monetary judgement would be the responsibility of the taxpayers of the Village. 2. There are already Town residents in the Drumlins subdivision receiving sewer services from the Village. 3. The DEC by letter dated July 24, 2000 to a private citizen has indicated that "It is not anticipated that an increase in flow (from the additional units) will increase the problem or affect the Village's ability to comply with the required deadline established by the consent order (a copy of the letter is attached hereto and made a part hereof) 4. The Plaintiffs have made certain monetary concessions to the Village to settle this matter. NOW THEREFORE on motion of ____________ seconded by _____________ BE IT HEREBY RESOLVED That the Village of Victor will provide an additional 154 sewer units to the Drumlins subdivision in the Town of Victor contingent upon: 1. A written agreement being made between the parties which the Mayor is hereby authorized to sign subject to the approval of the Village Attorney. 2. That the agreement embodies the terms and conditions set forth in this resolution. 3. The agreement and the obligations of the Plaintiffs and the Village of Victor thereunder are subject and contingent upon the Plaintiffs obtaining any and all necessary approvals for their proposed project from the Town of Victor and any other necessary agencies. |
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