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218.2008 NOA NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on April 7, 2008 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following was adopted and is subject to permissive referendum: ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENTS OF NORTHUP DRIVE, BULLARD AVENUE AND LINDEN AVENUE AREA FACILITIES – QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 218, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by replacing water mains on Northup Drive, Bullard Avenue and Linden Avenue and a section of Park Place installing a water main and copper service lines to the homes served, all in accordance with New York State Town Law §202-b, and WHEREAS, Burley-Guminiak & Associates, professional engineers, have prepared an Engineer’s Report (the “Map and Plan”) concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5); NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The proposed improvements are: (a) replacement of existing 6” diameter asbestos cement (ACP) water mains with class 52 (heavy wall) 8” ductile iron pipe (DIP) along Northup Drive, Bullard Avenue, Linden Avenue and a section of Park Place between Bullard and Linden Avenue; (b) replacement of service laterals to individual property lines with ¾” copper pipe. 2. The maximum amount proposed to be expended for such improvements is $406,000.00. 3. The cost of the improvements will be paid from the current funds in the Capital Reserve Fund of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one- or two-family home will not be increased and may decrease as a result of the project. 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 2 5. The Town Board shall meet and hold a public hearing at the Queensbury Activities st Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 21, 2008 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 6. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b. th Duly adopted this 7 day of April, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing Resolution No.: of 2008 entitled Order Setting Public Hearing Concerning Proposed Improvements of Northup Drive, Bullard Avenue and Linden Avenue Area Facilities- Queensbury consolidated Water District passed by the Queensbury Town Board on April 7, 2008 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury this 8th day of April, 2008. SEAL _________________________________ Darleen M. Dougher Town Clerk-Queensbury Darleen M. Dougher Town Clerk-Queensbury 4-11-2008 3