091.2015 Final Order Ext 48 Qsby Consolidated Water District FINAL ORDER APPROVING EXTENSION NO.: 48 TO QUEENSBURY
CONSOLIDATED WATER DISTRICT TO SERVE PROPERTIES IN TOWN
OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY
EXISTS BY CONTRACT OR SERVICE
RESOLUTION NO.: 91,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve 24 separate, non-adjacent properties currently outside of the Water
District, but where Town water service currently exists to such property owners by contract or by
service in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by
Christopher Harrington, P.E., Civil Engineer and Water Superintendent of the Town of
Queensbury's Water Department, concerning the proposed Water District Extension, and
WHEREAS, water mains and fire hydrants currently exist to serve the additional parcels
proposed for inclusion in the District and, therefore, no new capital improvements are required to
serve any of the parcels proposed for inclusion in the District, as more specifically set forth and
described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office
and made 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 distribution system capacity, and
WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map,
Plan and Report and Part I of the EAF was completed by the Town's Water Department Civil
Engineer, and
WHEREAS, the estimated annual cost to the "typical property" was filed with the Town
Clerk as part of the Map, Plan and Report; and
WHEREAS, on November 17, 2014, 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; (g)that
all expenses of the Water District Extension, including all extensions, shall be a charge against the
entire Water District Extension; and (h) 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, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the District extension to the typical property
and typical one or two family home (if not the typical property) were computed was filed with the
Town Clerk for public inspection as part of the Map, Plan and Report, and
WHEREAS, on January 5, 2015, the Town Board held a public hearing and heard all
interested persons concerning the proposed Water District Extension, and the Town Board has
considered the evidence given together with other information, and
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WHEREAS, on January 5, 2015, the Town Board considered the establishment of the
proposed Water District Extension in accordance with the provisions of the State Environmental
Quality Review Act and adopted a Negative Declaration concerning environmental impacts, and
WHEREAS, on January 5, 2015 the Town Board adopted Resolution No.: 4,2015
determining that (a) the Notice of Public Hearing was published and posted as required by law and is
otherwise sufficient; (b)it is in the public interest to establish, authorize, and approve the Water District
Extension to the existing Queensbury Consolidated Water District as described in the Map, Plan and
Report on file with the Queensbury Town Clerk; (c) all property and property owners within the Water
District Extension are benefited; and (d) all benefited property and property owners are included within
the limits of the Water District Extension; subject to permissive referendum in the manner provided in
Town Law Article 7 and subject to certain conditions specified in the Resolution; and
WHEREAS, the Town Clerk duly posted and published the notice required for resolutions
subject to permissive referendum and no petition for referendum was filed within 30 days after the date
of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of
the County Clerk; and
WHEREAS, the permission of the State Comptroller is not required pursuant to Town Law
§9-f; and
WHEREAS, the Town Board wishes to establish the proposed Water District Extension in
accordance with Town Law Article 12-A and intends to consider consolidating the Water District
Extension with the Queensbury Consolidated Water District in the future,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Town of Queensbury Consolidated Water District Extension No.: 48
be established as described in the Map, Plan and Report and the service within the Water District
Extension be provided upon the required funds being made available or provided for; and it is
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FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a
certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be
filed in the office of the State Department of Audit and Control in the time and manner required by law;
and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this Order.
Duly adopted this 23rd day of February, 2015, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT: None
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