169.2009
RESOLUTION AND FINAL ORDER ESTABLISHING
EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT
TO SERVE THE RAWSON SUBDIVISION
RESOLUTION NO. 169, 2009
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve the Rawson Subdivision (Subdivision) on the west side of West Mountain
Road in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by G.
Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water district extension
to connect the Subdivision to the existing Queensbury Consolidated Water District water main
along the east side of West Mountain Road as more specifically set forth and described in the
Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water
district extension, 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
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WHEREAS, on January 26, 2009, 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; (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 Water District 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 improvement 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, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the New York State Comptroller’s Office, all as required by law, and
WHEREAS, the Town Board held a public hearing and heard all interested persons concerning
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the proposed Water District Extension on Monday, February 23, 2009 and the Town Board
considered the evidence given together with other information, and
WHEREAS, the action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review
was not required, and
WHEREAS, by Resolution No.: 65,2009, the Town Board established the proposed Water
District Extension in accordance with Town Law Article 12-A and consolidated the Extension with the
Queensbury Consolidated Water District in accordance with Town Law §206-a, and
WHEREAS, the Queensbury Town Clerk has reported that petitions requesting a referendum
have not been filed, and
WHEREAS, State Comptroller approval is not necessary,
NOW, THEREFORE, BE IT
RESOLVED AND ORDERED, that it is the final determination of the Queensbury Town
Board that:
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1.Notice of 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 Water District
Extension to serve the Rawson Subdivision to the Queensbury Consolidated Water
District as has been described in the Map, Plan and Report on file with the Queensbury
Town Clerk and as more specifically described in this Resolution;
3.All property, property owners and interested persons within the Extensions are
benefited;
4.All benefited property and property owners are included within the limits of the
Extension; and
5.In accordance with New York State Town Law §206-a, 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 AND ORDERED that:
1.Such Extension to the Queensbury Consolidated Water District be and the same is
hereby authorized, approved and established in accordance with the boundaries
and description set forth in the previously described Map, Plan and Report on file
in the Queensbury Town Clerk's Office for public inspection.
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2.The boundaries of such Extension to the Queensbury Consolidated Water District are
to be as set forth in the previously described Map, Plan and Report.
3.The proposed improvements consist of construction of infrastructure to support
the Subdivision which include a horizontal subsurface boring under West Mountain
Road to be made to provide access to the Town’s water main along the east side
of West Mountain Road. A 6” ductile iron water supply will be installed south of
the new subdivision road and will dead-end at a fire hydrant in the middle of the
cul-de-sac. Individual taps to serve each new building lot will be made to this new
6” water line. All new installations and taps will be coordinated with the Town of
Queensbury Water Department. Maintenance of the existing and new facilities will
be provided by the Town of Queensbury Water Department.
4.All new capital costs associated with the installation of the new water supply
facilities including materials, excavation and labor will be paid by the subdivision
developer. There is no cost to the Town or the District for this District Extension.
5.The capital improvements necessary for this service area were provided and paid
for by the Subdivision developer and so there will be no debt service costs related
to this District Extension to the District. The estimated annual cost of the District
Extension to the typical property in the District Extension, which typical property
is a typical one family home for operation and maintenance and other charges
(assuming an average water usage) is $561. There will be no hook-up fees and the
cost to construct a water service connection from the new 6” water main to each
new structure and the purchase and installation of a water meter would be included
in the total cost of each home.
6.A detailed explanation of how the estimated costs of the District Extension were
computed is included in the Map, Plan and Report which has been filed with the
Queensbury Town Clerk and is available for public inspection.
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7.The developer of the Subdivision will pay all costs of the improvements so there
will be no financing required by the Town on behalf of the District.
8.The proposed improvements shall be constructed and installed as specifically
delineated in the Map, Plan and Report 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.
9.All expenses of the District, including all extensions heretofore or hereafter established,
shall be a charge against the entire area of the District as extended and the costs of
operation, maintenance and improvements shall continue to be financed on both an ad
valorem basis and a water rent basis.
and
BE IT FURTHER,
ORDERED that
1.The Town Clerk shall file and record in the Warren County Clerk’s Office: A) a
certified copy of this Resolution and Order, and B) a certificate that no petitions for
referendum have been filed;
2.Any other filings of this Resolution mandated by law shall be completed by the Town
Supervisor, Town Clerk, Water Superintendent and/or Town Counsel's Office;
and
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BE IT FURTHER,
ORDERED, that a consolidated assessment bill shall be prepared for next year in which
assessments are levied against the extended District, and
BE IT FURTHER,
ORDERED, that this Order is a Final Order and shall take effect immediately.
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Duly adopted this 4 day of May, 2009, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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