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1.1 1.1 WATERTirial Consolidation Agreement—Water District Est 48—5-18-15 RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT FOR 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, and WHEREAS, the Town Board adopted a Resolution on April 6, 2015 endorsing the proposed Consolidation Agreement and scheduling a Public Hearing to hear public comments on the proposed Consolidation Agreement, and WHEREAS, after providing notice as required by General Municipal Law Article 17-A, the Town Board conducted a Public Hearing on the proposed Consolidation Agreement on May 18, 2015, and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to consolidate the QCWD and the QCWDX in accordance with General Municipal Law Article 17-A, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Town Board hereby determines that consolidation of the QCWD and the QCWDX as described in the Consolidation Plan would be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the Districts, approves the final Consolidation Agreement and authorizes the Town Supervisor to execute the Consolidation Agreement in substantially the form presented at this meeting. 2 2. The Town Board authorizes and directs the Town Supervisor, the Town Water Superintendent and the Town Clerk to take all actions necessary to effectuate this Resolution and the Consolidation Agreement. Duly adopted this 18t`day of May, 2015 by the following vote: AYES: NOES: ABSENT: 3 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 Hearing(s) 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. 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.