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.