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3.04 3.4 WATERTndorse Consolidation Agreement—Water Extension No.48—4-6-15 RESOLUTION ENDORSING CONSOLIDATION AGREEMENT AND SETTING PUBLIC HEARING CONCERNING PROPOSED CONSOLIDATION OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY CONSOLIDATED WATER DISTRICT EXTENSION NO. 48 RESOLUTION NO.: ,2015 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination "shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the districts," and WHEREAS, the Queensbury Consolidated Water District ('QCWD") was duly established by the Town Board and has been expanded by several extensions over the past 30 years, and WHEREAS, occasionally, individual property owners outside the QCWD but with Town water supply in the immediate vicinity have wished to receive water from the District and have been purchasing water under contract with the Town as out-of-district users, and WHEREAS, by Final Order dated February 23, 2015, the Town Board established the Queensbury Consolidated Water District Extension No. 48 to the QCWD which includes 24 separate, non-adjacent properties that have been receiving water as out-of-district users under separate contracts ("QCWDX"), and WHEREAS, water mains and fire hydrants currently exist to serve the parcels within the QCWDX, no new capital improvements are required and the existing improvements are maintained by the Town and are sufficient to provide water to the parcels within the QCWDX, and WHEREAS, the Town Water Superintendent has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and the QCWDX into one District, and determined that such a combination would create greater operating efficiencies, provide better service to the public each serves, and generate cost savings by avoiding duplication in administrative services, and WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a Consolidation Agreement to commence proceedings to consolidate Districts, and WHEREAS, Town Counsel and the Town Water Superintendent have prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Town Board hereby endorses the proposed Consolidation Agreement. 2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, May 18th, 2015 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take such other and further action as may be required or authorized by law. 3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to: (a) cause a copy and a summary of the Agreement to be displayed and readily accessible to the public for inspection in a public place within each District; (b) cause a copy and a summary of the Agreement and a reference to the public place where they may be examined to be displayed on the Town's website; and 2 (c) arrange for the summary of the Agreement and a reference to the public place where the Agreement may be examined to be published at least once each week for four successive weeks in the Post Star, not more than five (5) business days after adoption of this Resolution, as required by the New York General Municipal Law. 4. The Town Board further authorizes and directs the Queensbury Town Clerk to cause a Notice of the Public Hearing, including a summary of the Agreement and a reference to the public place where it may be examined, to be published and displayed on the Town's website not less than 10 or more than 20 days before the Public Hearing, as required by the New York General Municipal Law. 5. The Town Board authorizes and directs the Town Supervisor, the Town Water Superintendent, the Town Clerk and/or Town Counsel to take all actions necessary to effectuate this Resolution. Duly adopted this 6h day of April, 2015 by the following vote: AYES: NOES: ABSENT: 3 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 2 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 3 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 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 23`d day of February,2015, by the following vote: AYES : Mr. VanNess, Mr. Strough,Mr. Metivier,Mr. Clements, Mr. Irish NOES : None ABSENT: None 4 NOTICES\Water District Consolidation Agreement Summary—5-18-15 SUMMARY OF PROPOSED TOWN OF QUEENSBURY WATER DISTRICTS CONSOLIDATION AGREEMENT The Queensbury Town Board adopted a Resolution on April 6th, 2015 endorsing a proposed Consolidation Agreement to commence proceedings to consolidate one of the Town's Water Districts with one of its Extensions pursuant to New York General Municipal Law Article 17-A. The proposed Consolidation Agreement is available for viewing at the Town Clerk's Office at 742 Bay Road, Queensbury,New York, as well as on the Town's website: www.queensbury.net. A summary of the proposed Consolidation Agreement is as follows: The two Districts to be consolidated are the Queensbury Consolidated Water District (QCWD) and the Queensbury Consolidated Water District Extension No. 48. (QCWDX). The name of the proposed consolidated District would be the Queensbury Consolidated Water District (the "Consolidated District"). All of the rights, duties and obligations of each of the separate Districts would become the rights, duties and obligations of the Consolidated District. The QCWD currently has $2,180,800 in outstanding bonds and/or bond anticipation notes; the QCWDX has no outstanding indebtedness. The O&M rates charged to property owners within the existing Districts are the same. The boundaries of the Consolidated District would be the combined jurisdictional boundaries of the two existing Districts. A legal description of the Consolidated District, map and list of the tax map numbers of the parcels that would be included in the Consolidated District are included in the proposed Agreement. The consolidation would have no effect on elected or appointed officials or public employees. The Town Board currently is the body responsible for both districts and would continue to be responsible for the Consolidated District. The consolidation of the two Districts would result in moneys being saved and long term costs lowered. All assets currently owned by each of the existing Districts would become the property of the Consolidated District. Local Laws, Ordinances, Resolutions and Orders affecting the Consolidated District would continue to be administered and enforced by the Town of Queensbury Water Superintendent and/or the Town's Code Enforcement Officer. All properties included in the Consolidated District would pay an annual ad valorem tax based on property assessment. Annual charges for the cost of operation and maintenance costs for the water treatment plant and water distribution system would be based on each property's metered water consumption and would be billed quarterly. Any pre-consolidation debts duly incurred and agreements entered into by QCWD or QCWDX would continue to be honored by the Consolidated District and satisfied according to their terms. The proposed consolidation would take effect upon adoption of approval of a final version of the Agreement by the Town Board after compliance with the requirements of GML Article 17-A. The Town Board will meet at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, May 18th, 2015 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement. PUBLICATION DATE(S): ,2015 CAROLINE H.BARBER TOWN CLERK TOWN OF QUEENSBURY AGREEMENTS\WATER\Consolidation Agreement-Qby Cons Water District&Extension—March 2015 CONSOLIDATION AGREEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY CONSOLIDATED WATER DISTRICT EXTENSION THIS AGREEMENT is entered into by the Town of Queensbury, a New York municipal corporation with its offices at 742 Bay Road, Queensbury, New York. WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination "shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the districts"; and WHEREAS, the Queensbury Consolidated Water District ("QCWD") was duly established by the Town Board and has been expanded by several extensions over the past 30 years; and WHEREAS, occasionally, individual property owners outside the QCWD but with Town water supply in the immediate vicinity have wished to receive water from the District and have been purchasing water under contract with the Town as out-of-district users; and WHEREAS, by Final Order dated February 23rd, 2015, the Town Board has established the Queensbury Consolidated Water District Extension No.: 48 to the QCWD which includes 24 separate, non-adjacent properties that have been receiving water as out-of-district users under separate contracts ("QCWDX"); and WHEREAS, water mains and fire hydrants currently exist to serve the parcels within the QCWDX, no new capital improvements are required and the existing improvements are maintained by the Town and are sufficient to provide water to the 1 parcels within the QCWDX; and WHEREAS, the Town Water Superintendent has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and the QCWDX into one District, and determined that such a combination would create greater operating efficiencies, provide better service to the public each serves, and generate cost savings by avoiding duplication in administrative services; and WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a Consolidation Agreement to commence proceedings to consolidate Districts, and the purpose of this Agreement is to comply with this requirement; NOW, THEREFORE, in consideration of the foregoing recitals, the Town Board sets forth the following terms and conditions for the consolidation: 1 Name of Each District to be Consolidated: The two Districts to be consolidated are the Queensbury Consolidated Water District and the Queensbury Consolidated Water District Extension No.: 48. 2. Name of Proposed Consolidated District: The name of the proposed consolidated District would be Queensbury Consolidated Water District (the "Consolidated District"). 3. Rights, Duties and Obligations of Proposed Consolidated District: All of the rights, duties and obligations of each of the separate Districts under existing contracts or agreements, including but not limited to those relating to personnel matters, provision of water and payment of outstanding obligations, shall become the rights, duties and obligations of the Consolidated District as of the effective date specified in paragraph (12) below. The QCWD currently has $2,180,800 in outstanding bonds and/or bond anticipation notes; the QCWDX has no outstanding indebtedness. The properties in the QCWDX. The O&M rates charged to property owners within the existing Districts are the same. 4. Territorial Boundaries of Proposed Consolidated District: The boundaries of the Consolidated District shall be the combined jurisdictional boundaries of the QCWD and the QCWDX. A description of the properties within the QCWD is shown on the map(s) set forth in Exhibit A and a description of the properties and their tax map numbers within the QCWDX is set forth in Exhibit B. All Exhibits are incorporated herein and made a part hereof by this reference. 5. Type and/or Class of Proposed Consolidated District: The Consolidated District shall be a water district. 6. Governmental Organization of Proposed District Insofar as it Concerns Elected and Appointed Officials and Public Employees, Along With Transitional Plan and Schedule for Elections and Appointments of Officials: The consolidation will have no effect on elected or appointed officials or public employees and, therefore, no transitional plan or schedule for elections or appointments of officials is needed. Employees involved with the operation and management of each of the existing Districts are currently employees of the Town of Queensbury and shall continue to be employees of the Town after consolidation. 7. Fiscal Estimate of Cost of and Savings Which May Be Realized from Consolidation: The consolidation of these two Districts will result in moneys being saved and long term costs lowered. A savings can be expected in preparing and maintaining one budget instead of two. Administration hours by the Department Manager, Senior Account Clerk, Accounting Department personnel, Town Supervisor and Town Board will be reduced. Specific cost savings include eliminating the need to perform a financial audit on two Districts rather than one. Annual administrative cost savings are estimated to be approximately $2,400. The costs of maintenance and repair will be spread over a larger user base. All of these savings will result in lower cost to property owners in the Consolidated District. 8. Each District's Assets, Including Real and Personal Property, and their Fair Value: The fair value of the assets of the QCWD is approximately $33,060,817 (Financial Report dated December 31,2013). The newly-created QCWDX has no assets. 9 Each District's Liabilities and Indebtedness, Bonded and Otherwise, and their Fair Value: The QCWD currently has $2,180,800 in long term indebtedness, including outstanding bonds and/or bond anticipation notes. The newly-created QCWDX has no liabilities or indebtedness. 10. Terms for Disposition of Existing Assets, Liabilities and Indebtedness of each District, Either Jointly, Separately or in Certain Defined Proportions: Upon consolidation, the funds of the two existing Districts will be joined into one. Real and personal property currently owned by each of the existing Districts will become the property of the Consolidated District. Any pre-consolidation debts duly incurred and agreements entered into by QCWD or QCWDX shall continue to be honored by the Consolidated District and satisfied according to their terms. 11. Terms for the Common Administration and Uniform Enforcement of Local Laws, Ordinances, Resolutions, Orders and the Like, Within the Proposed Consolidated District, Consistent With $769 of the Act: Local Laws, Ordinances, Resolutions and Orders affecting the Consolidated District will continue to be administered and enforced by the Town of Queensbury Water Superintendent and/or the Town's Code Enforcement Officer. All properties included in the Consolidated District shall pay an annual ad valorem tax based on property assessment. Annual charges for the cost of operation and maintenance costs for the water treatment plant and water distribution system shall be based on each property's metered water consumption and shall be billed quarterly. (12) Effective Date of Proposed Consolidation: The proposed consolidation shall take effect upon adoption of approval of a final version of this Agreement by the Town Board after compliance with the requirements of GML Article 17-A. (13) Time(s) and Place(s) for Public Hearings) on Proposed Consolidation Agreement: The Town Board shall meet at the Queensbury Activities Center, 742 Bay Road, Queensbury on Monday, May 18th, 2015 at 7:00 p.m. to hear public comments on this proposed Consolidation Agreement. (14) Entire Agreement: This Agreement contains the full and complete terms for consolidation of the QCWD and the QCWDX. There are no other verbal or written agreements or understandings which shall modify or affect the terms of this Agreement in any manner whatsoever. Any modifications or waivers to or of this Agreement shall be in writing and signed by the Town Supervisor. IN WITNESS WHEREOF, to signify the Town Board's approval of all of the terms and conditions hereof, the Town Supervisor has signed this Agreement as of May 18th, 2015. TOWN OF QUEENSBURY BY: JOHN STROUGH, Supervisor EXHIBIT A Queensbury Consolidated Water District Properties As Shown on Map(s) EXHIBIT B Queensbury Consolidated Water District Extension Properties 1. The piece or parcel of property having tax map no.: 296.6-1-6 and described in a deed from Lawrence Mancini and Evelyn Mancini to Lawrence Mancini and Evelyn Mancini dated October 4, 1988 and recorded in the Warren County Clerk's Office in liber 728 of deeds at page 178. 2. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.4 described in a deed from Hayes & Hayes to CES Holdings, LLC dated February 15, 2002 and recorded in the Warren County Clerk's Office in liber 1254 of deeds at page 163. 3. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.3 described in a deed from Hayes and Hayes to CES Holdings, LLC dated February 15, 2002 and recorded in the Warren County Clerk's Office in liber 1254 of deeds at page 163. 4. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.1 described in a deed from Paul J. Hayes and Michael S. Hayes to CES Holdings, LLC dated July 16, 2002 and recorded in the Warren County Clerk's Office in liber 1276 of deeds at page 144. 5. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.2 described in a deed from Hayes and Hayes to CES Holdings, LLC dated February 15, 2002 and recorded in the Warren County Clerk's Office in liber 1254 of deeds at page 163. 6. Also including all that piece of parcel of property having tax map no.: 297.7-1-28 described in a deed from Christine L. Chadwick to Warren County dated April 22, 2013 and recorded in the Warren County Clerk's Office in liber 4742 of deeds at page 170. 7. Also including all that piece of parcel of property having tax map no.: 297.7-1-18 described in a deed from Wendall R. Wilson Trust to Jeffrey and Judith Benway dated February 26, 2014 and recorded in the Warren County Clerk's Office in liber 4948 of deeds at page 109. 8. Also including all that piece of parcel of property having tax map no.: 316.17-1-33 described in a deed from Herbert Briggs and Regina Briggs to Laurie A. Gates dated February 3, 1989 and recorded in the Warren County Clerk's Office in liber 743 of deeds at page 79. 9. Also including all that piece of parcel of property having tax map no.: 297.10-1-54 described in a deed from Michael Higgins and Patricia Banville to Michael Higgins dated October 14, 2009 and recorded in the Warren County Clerk's Office in liber 3912 of deeds at page 40. 10. Also including all that piece of parcel of property having tax map no.: 297.6-1-22 described in a deed from Crislip Living Trust to Michael and Lisa Cruz dated June 9, 2006 and recorded in the Warren County Clerk's Office in liber 2956 of deeds at page 168. 11. Also including all that piece of parcel of property having tax map no.: 296.7-1-14 described in a deed from Richard K. McNairy and Debra L. McNairy to Peter M. Sankey dated May 18, 2006and recorded in the Warren County Clerk's Office in liber 4025 of deeds at page 153. 12. Also including all that piece of parcel of property having tax map no.: 297.7-1-25 described in a deed from Stephen W. Traver to Stephen W. Traver and Jane D. Traver dated July 19, 2001 and recorded in the Warren County Clerk's Office in liber 1224 of deeds at page 152. 13. Also including all that piece of parcel of property having tax map no.: 297.6-1-31 described in a deed from BMW Properties, LLC to Daniel J. Silvey dated September 16, 2011 and recorded in the Warren County Clerk's Office in liber 4413 of deeds at page 22. 14. Also including all that piece of parcel of property having tax map no.: 316.10-1-39 described in a deed from Margaret M. McDonald to Robert and Margaret McDonald dated December 23, 2011 and recorded in the Warren County Clerk's Office in liber 4394 of deeds at page 250. 15. Also including all that piece of parcel of property having tax map no.: 316.17-1-34 described in a deed from Pro-Craft, Inc. to Leeanne A. Dresser and William Sprague dated July 10, 2013 and recorded in the Warren County Clerk's Office in liber 4832 of deeds at page 205. 16. Also including all that piece of parcel of property having tax map no.: 290.18-1-27 described in a deed from Llloyd J. Diamantis and Rene Diamantis to Andre P. Chadwick and Sandra J. Chadwick dated August 30, 2012 and recorded in the Warren County Clerk's Office in liber 4563 of deeds at page 130. 17. Also including all that piece of parcel of property having tax map no.: 296.7-1-19 described in a deed to Glens Falls Country Club, Inc. recorded in the Warren County Clerk's Office in liber 150 of deeds at page 139. J 18. Also including all that piece of parcel of property having tax map no.: 296.6-1-12 described in a deed from Glens Falls Country Club, Inc. to Glens Falls Country Club, Inc. dated January 28, 1963 and recorded in the Warren County Clerk's Office in liber 426 of deeds at page 238. 19. Also including all that piece of parcel of property having tax map no.: 296.10-1-20 described in a deed from Glens Falls Country Club, Inc, to Lesley-Anne Sanderspree dated March 19, 1996 and recorded in the Warren County Clerk's Office in liber 974 of deeds at page 321. 20. Also including all that piece of parcel of property having tax map no.: 297.7-1-17 described in a deed from Claire Monfoe and Joyce Anne Miller to Terry Lawrence dated February 19, 1998 and recorded in the Warren County Clerk's Office in liber 1059 of deeds at page 80. 21. Also including all that piece of parcel of property having tax map no.: 290.14-1-29 described in a deed from Janet Kinderman to Jason Kinderman dated December 11, 2013 and recorded in the Warren County Clerk's Office in liber 4906 of deeds at page 202. 22. Also including all that piece of parcel of property having tax map no.: 297.7-1-20 described in a deed from Ruth A. Smith to Peter Davis dated August 22, 2013 and recorded in the Warren County Clerk's Office in liber 4863 of deeds at page 255. 23. Also including all that piece of parcel of property having tax map no.: 302.13-1-16 described in a deed from Eileen P. Collins and Francis T. Collins Sr. to Clute Enterprises, Inc. dated August 22, 2013 and recorded in the Warren County Clerk's Office in liber 4841 of deeds at page 209. 24. Also including all that piece of parcel of property having tax map no.: 302.13-1-15 described in a deed from Eileen P. Collins to Clute Enterprises, Inc. dated August 22, 2013 and recorded in the Warren County Clerk's Office in liber 4841 of deeds at page 209.