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496.94 RESOLUTION APPROVING THE ESTABLISHMENT OF THE CRONIN ROAD EXTENSION NO. 2 TO THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 496.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Central Queensbury Quaker Road Sewer District, to be known as the Cronin Road Sewer Extension No. 2, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Central Queensbury Quaker Road Sewer District, such extension to service an area to the north of the existing district and on the northerly side of Cronin Road, such area consisting of those parcels or lots being identified as a portion of a parcel assigned tax map no.: 60-2-11 for the year 1994 and bearing Town of Queensbury Planning Board Subdivision No.: 10-1994, with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by Richard E. Jones Associates, and Schoder Rivers Associates, the latter being engineers licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Central Queensbury Quaker Road Sewer District and a general plan of the proposed sewer system showing a 6" sanitary sewer line running from the area proposed to be included in the District and connecting with an existing 12" sewer main, with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, to be used in accordance with the terms and provisions of an Agreement and the transmission mains of the Central Queensbury Quaker Road Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Central Queensbury Quaker Road Sewer District pursuant to Town Law, §206A, and WHEREAS, the said Town Board has considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: 1. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Cronin Road Sewer Extension No. 2 to the Central Queensbury Quaker Road Sewer District, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extension are benefitted thereby; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to §206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, RESOLVED, that: 1. The Cronin Road Sewer Extension No. 2 to the Central Queensbury Quaker Road Sewer District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following; a. the obtaining of any necessary permits or approvals from the New York State Department of Health; b. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2 c. the execution of an agreement between the Developer and/or Owner of properties to be served by the extension and the Town, which agreement will provide that the Developer and/or Owner will pay all costs of construction of the extension, provide for the escrow of funds for such construction, provide for certain specifications of construction, and contain such other provisions as may be deemed appropriate by the Town Board of the Town of Queensbury; d. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; e. the adoption of a final Order by the Town Board of the Town of Queensbury; 2. The boundaries of the Cronin Road Sewer Extension No. 2 to the Central Queensbury Quaker Road Sewer District are as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows; BEGINNING at a point in the northerly bounds of Cronin Road at the southwest corner of Bay Meadows Golf Club, Inc. and the southeast corner of the lands of the grantor herein as described in Book 720 of deeds at page 73; running thence North 81 degrees, 26 minutes and 40 seconds West along said Cronin Road, a distance of 286.00 feet; thence running through the lands of the grantor herein the following two courses and distances: (1) North 05 degrees, 53 minutes and 33 seconds East, a distance of 301.33 feet; (2) South 81 degrees, 26 minutes and 40 seconds East, a distance of 287.69 feet to said lands of Bay Meadows Golf Club, Inc.; thence running South 06 degrees, 12 minutes and 50 seconds West along said lands, a distance of 301.25 feet to the point and place of beginning, containing 1.98 acres of land, to be the same more or less. Bearings given in the above description refer to magnetic North. and 3. The improvements to be included and made a part of the extension shall consist of the purchase and installation of a 6" 3 sanitary sewer line running from the area proposed to be included in the extension to an existing sewer main in the Central Queensbury Quaker Road Sewer District, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by Richard E. Jones Associates and Schoder Rivers Associates, and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction shall be installed and paid for by the developer (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed 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; 5. The maximum amount to be expended for said improvement will not be greater than $12,375, plus a one time buy-in fee of $1/gallon of average daily flow, which in this case would be $1,134., or a total of $13,509., said improvement costs to be paid by the developer and at no cost to the Town of Queensbury, the Central Queensbury Quaker Road Sewer District, or the proposed extension; The areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District; 6. The method of apportioning costs is such that the Developer and/or Owner of the property which the extension will service, will pay the cost for engineering, installation of the sewer pipe, and necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will thereafter be consolidated with the Central Queensbury Quaker Road Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Central Queensbury Quaker Road Sewer District; 7. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Central Queensbury Quaker Road Sewer District, the developer being responsible for the same, as well as the charge payable to the City at the time of the initial connection of the sewer district; 8. In accordance with Town Law, Section 206A, all expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 4 9. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Central Queensbury Quaker Road Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 10. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; and BE IT FURTHER, RESOLVED, that this resolution is subject to a permissive referendum in the manner provided the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 3rd day of October, 1994, by the following vote: AYES : Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES : None ABSENT : None 5