185.2009
RESOLUTION AND FINAL ORDER ESTABLISHING
EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT
TO SERVE THE CERRONE SUBDIVISION
RESOLUTION NO. 185, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board has decided to extend the Queensbury
Consolidated Water District to serve a relatively small portion of the Cerrone Subdivision
(Subdivision) on the west side of Corinth and West Mountain Roads in the Town of Queensbury
in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report which included: (a) the boundaries of the proposed
District; (b) a general plan of the proposed water system; (c) a report of the proposed method of
operation; (d) the source of water supply and description of any lands, streams, water to water rights to
be acquired; and (e) the mode of constructing the proposed water works, water mains, distributing
pipes and hydrants, was submitted to the Town Board and filed with the Town Clerk, and
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WHEREAS, on March 23, 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, April 6, 2009 and the Town Board has
considered the evidence given together with other information, and
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WHEREAS, on April 6, 2009, the Town Board adopted a Resolution determining that (a) the
notice of public hearing was published and posted as required by law and was otherwise sufficient; (b)
all of the property and property owners within the proposed District Extension would be benefited
thereby; (c) all of the property and property owners benefited are included within the boundaries of the
proposed District Extension; and (d) the establishment of the District Extension as the boundaries are
set forth in the Plan subject to permissive referendum in the manner provided in Town Law Article 7,
and
WHEREAS, by Resolution No.: 115,2009, 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, which Resolution was
subject to permissive referendum, and
WHEREAS, the required Notice of Resolution subject to permissive referendum was duly
published and the Queensbury Town Clerk has reported that petitions requesting a referendum have
not been filed within 30 days after the date of the Resolution,
NOW, THEREFORE, BE IT
ORDERED, that the Queensbury Consolidated Water District Extension be established to
serve the Cerrone Subdivision 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, 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 Warren County Clerk’s Office in the time and
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manner required by law, and
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 18 day of May, 2009, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
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