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WATERTnial Order—Water District Extension 49—Leuci Subdivision—6-1-15
FINAL ORDER APPROVING EXTENSION NO.: 49 TO QUEENSBURY
CONSOLIDATED WATER DISTRICT TO SERVE LEUCI SUBDIVISION
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve the proposed Leuci Subdivision (Subdivision) on Peggy Ann Road in
accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by Thomas
Nace, P.E., concerning the proposed Water District Extension No. 49 to connect the Subdivision
to the existing Queensbury Consolidated Water District water main along the south side of Peggy
Ann Road 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 No. 49, a general plan of the proposed system, a report of the proposed method of
operation, the source of water supply and mode of constructing the proposed water district extension
improvements, and
WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State
Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the
proposed Water District Extension No. 49, determined that the project would not have a
significant effect on the environment and issued a Negative Declaration, 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 April 6h, 2015, 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 No. 49; (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 Extension No. 49 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 improvements is on file in the Town
Clerk's Office; (g)the time and place of a public hearing on the proposed Water District Extension No.
49, 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 Water District Extension No. 49 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 April 20'`, 2015, the Town Board held a public hearing and heard all interested
persons concerning the proposed Water District Extension, considered the evidence given together
with other information and adopted Resolution No.: 144,2015 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 No. 49 to the existing
Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the
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Queensbury Town Clerk; (c) all property and property owners within the Water District Extension No.
49 are benefited; and (d) all benefited property and property owners are included within the limits of
the Water District Extension No. 49; 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 No.
49 in accordance with Town Law Article 12-A and intends to consider consolidating the Water District
Extension No. 49 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. 49
be established as described in the Map, Plan and Report and the improvements described in the Map,
Plan and Report be constructed and the service within the Water District Extension No. 49 be provided
upon the required funds being made available or provided for; and it is
FURTHER ORDERED, that no property within such Water District Extension No. 49 shall be
hooked up or receive water until such time as the Water Superintendent shall be satisfied, in his
absolute discretion, that all infrastructure has been installed correctly as detailed in the Map, Plan and
Report's corresponding specifications, that all costs of installation have been paid for by the Developer
as per the Map, Plan and Report, and that all infrastructure and easements deemed necessary by him
and Town Counsel have been dedicated to the Town, 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 1St day of June, 2015, by the following vote:
AYES
NOES
ABSENT:
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