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257.94 RESOLUTION PROVIDING FOR EXCESS WATER FACILITIES RESOLUTION NO. 257, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, Mr. Guido Passarelli has requested that the Town Board of the Town of Queensbury establish an extension to the Queensbury Consolidated Water District to serve a development he has proposed in the Round Pond area, and generally serving that area adjacent to, in and around, that area of the Town of Queensbury in the northerly portion of the Town east of U.S. Route 9 along Round Pond Road and Birdsall Road and including the subdivision known as the Round Pond Subdivision, as more specifically set forth in the a map, plan, and report drafted by Thomas W. Nace, P.E., and WHEREAS, the Town Board of the Town of Queensbury is generally desirous of undertaking such proceedings as may be allowed and authorized by Town Law of the State of New York to authorize the extension to the Queensbury Consolidated Water District as requested by Mr. Passarelli, and at the time that this resolution is adopted, is also adopting a resolution calling and setting a public hearing concerning the proposed Round Pond Water District Extension for June 20th, 1994 at 7:00 p.m., as more specifically set forth in a separate notice concerning the same, and WHEREAS, Thomas W. Nace, P.E., in developing the map, plan, and report for Mr. Passarelli previously ascertained that an 8" diameter water main along Round Pond Road would be sufficient for purposes of providing water service to the area that Mr. Passarelli has requested be served, and WHEREAS, the Queensbury Consolidated Water Superintendent has recommended that the pipeline to be installed along Round Pond Road be increased from an 8" diameter main to a 12" diameter main since such excess capacity would provide sufficient capacity for further water needs in that area of the Town and provide a pipe that could be extended in the future to allow the Town to tie into other water pipes located at or near Round Pond and Bay Road intersections, thereby increasing the reliability of the transmission system and basically being consistent with overall good planning for the future growth and reliability of the water system, and WHEREAS, the engineers for Mr. Passarelli, Thomas W. Nace, P.E., Haanen Engineering has advised that there will be an additional cost for such an increase in pipe in the amount up to $27,000, and WHEREAS, the Town Board of the Town of Queensbury desires to arrange for a larger water main, as indicated hereinabove, and WHEREAS, Town Law §192-A provides that the Town Board of the Town of Queensbury may establish excess capacity as a general Town expense upon following certain procedures, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that it is appropriate to increase the diameter of the water main along Round Pond Road from 8" in diameter to 12" in diameter, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury agrees that the necessity for the increase in pipe size and therefore, excess capacity, is as set forth by the Queensbury Water Superintendent, and BE IT FURTHER, RESOLVED, that the estimated expense for such excess facilities as described hereinbefore, is determined to be up to the sum of $27,000 as set forth in the engineering report by Thomas W. Nace, P.E., Haanen Engineering, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the map, plan, and report to include an expense for the excess water facilities as set forth herein and declares the cost of the same shall be a Town charge and shall be assessed, levied, and collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby states that the maximum proposed amount to be expended for the improvement is estimated at $147,000, said amount to be paid by the Developer, except that the Town of Queensbury will pay up to the sum of $27,000 as a cost for excess facilities as set forth herein, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that upon authorization, the plan is for all proposed water mains and appurtenances to be installed by the Developer in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications 2 and under competent engineering supervision, and thereafter all water mains and improvements shall be turned over to the Town of Queensbury without charge, except for the sum of up to $27,000 as provided for herein, and BE IT FURTHER, RESOLVED, in accordance with Town Law §192-A, this resolution providing for or requiring excess facilities shall be subject to a permissive referendum in accordance with the procedures set forth in the Town Law and the Round Pond Extension shall not be authorized until such time as the time period in which a Permissive Referendum may be requested has expired, or until such time as the proposal set forth in this resolution has been approved at a Referendum, should one be requested, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to post and publish a copy of this resolution in accordance with the provisions of the Town Law of the State of New York. Duly adopted this 16th day of May, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None 3