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130.2015 Set PH Consolidated Water District No 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.: 130,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess 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: Mr. Metivier, Mr.Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None 3