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105.2016 Final Order - Water Extension 51- Serve Maurice Combs Subdivision FINAL ORDER APPROVING EXTENSION NO.: 51 TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE MAURICE COMBS SUBDIVISION RESOLUTION NO.: 105,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the proposed Maurice Combs Subdivision (Subdivision) on 636 Corinth Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by Hutchins Engineering concerning the proposed Water District Extension No. 51 to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the north side of Corinth Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water District Extension No. 51, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the proposed Water District Extension No. 51, and determined that the project would not have a significant effect on the environment and issued a Negative Declaration, and WHEREAS, the estimated annual cost to the"typical property" was filed with the Town Clerk and made a part of the Map, Plan and Report, and WHEREAS, on January 11th, 2016, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District Extension No. 51; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the proposed Water District Extension No. 51 to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Water District Extension No. 51, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the proposed Water District Extension No. 51 to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, on January 25th, 2016, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension, considered the evidence given together with other information and adopted Resolution No.: 52,2016 determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) it is in the public interest to establish, authorize, and approve the Water District Extension No. 51 to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; (c) all property and property owners within the Water District Extension No. 51 are benefited; and (d) all benefited property and property owners are included within the limits of the Water District Extension No. 51; subject to permissive referendum in the manner provided in 2 Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required pursuant to Town Law §9-f, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension No. 51 in accordance with Town Law Article 12-A and intends to consider consolidating the Water District Extension No. 51 with the Queensbury Consolidated Water District in the future, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Town of Queensbury Consolidated Water District Extension No. 51 be established as described in the Map, Plan and Report and the improvements described in the Map, Plan and Report be constructed and the service within the Water District Extension No. 51 be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that no property within such Water District Extension No. 51 shall be hooked up or receive water until such time as the Water Superintendent shall be satisfied, in his absolute discretion, that all infrastructure has been installed correctly as detailed in the Map, Plan and Report's corresponding specifications, that all costs of installation have been paid for by the Developer as per the Map, Plan and Report, and that all infrastructure and easements deemed necessary by him and Town Counsel have been dedicated to the Town, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of Warren County and to be 3 filed in the Office of the State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this Order. Duly adopted this 7 h day of March, 2016, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None 4