3.14 3.14
WATERTndorse Consolidation Agreement—Water Extension No.49—6-1-15
RESOLUTION ENDORSING CONSOLIDATION AGREEMENT
AND SETTING PUBLIC HEARING CONCERNING PROPOSED
CONSOLIDATION OF QUEENSBURY CONSOLIDATED
WATER DISTRICT AND QUEENSBURY CONSOLIDATED
WATER DISTRICT EXTENSION NO. 49
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 June 1St, 2015, the Town Board established the
Queensbury Consolidated Water District Extension No. 49 to the QCWD to serve the proposed
Leuci Subdivision on Peggy Ann Road ("QCWDX"), and
WHEREAS, water mains and fire hydrants are currently being constructed to serve the
parcels within the QCWDX and no other new capital improvements are required, 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, July 20t`, 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
(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,
2
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 1St day of June, 2015 by the following vote:
AYES:
NOES:
ABSENT:
3
AGREEMENTS\WATER\Consolidation Agreement-Qby Cons Water District&Extension No.49—June 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 June 1St, 2015, the Town Board has established
the Queensbury Consolidated Water District Extension No.: 49 to the QCWD to serve
the proposed Leuci Subdivision on Peggy Ann Road ("QCWDX"); and
WHEREAS, water mains and fire hydrants are currently being constructed and
installed to serve the parcels within the QCWDX and no new capital improvements are
required and the Town has sufficient water capacity to provide water to the parcels
within the QCWDX; and
1
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.: 49.
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,ts, 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 property within
the QCWD is shown on the map(s) set forth in Exhibit A and a description of the
property 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, July 20th, 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 July 20th,
2015.
TOWN OF QUEENSBURY
BY: JOHN STROUGH, Supervisor
•
EXHIBIT A
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DgST1NG QUEENSBURY CONSOLIDATED WATER DISTRICT —
(PORTION NEAR PROPOSED EXTENSION)
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PROPOSED QUEENSBURY CONSOLIDATED WATER DISTRICT —.4:::::::::
WATER DISTRICT EXTENSION 1,49 . •••••••••••
MAP OF PROPOSED EXTENSION#49 EXHB3IT
NACE ENGINEERING,P.C. QUEENSBURY CONSOLIDATED A
169 HAVILAND ROAD NOT TO SCALE
QUEENSBURY,NY WATER DISTRICT MARCH 23,2015
TOWN OF QUEENSBURY,NY PROJECT#46262
EXHIBIT B
Queensbury Consolidated Water District Extension Property
All that certain tract or parcel of land situate in the Town of Queensbury, County
of Warren, State of New York being more fully described as follows:
Beginning at a point in the southerly boundary of Peggy Ann Road, said point
being the northwesterly corner of the Queensbury Forest Subdivision, running thence
from the point of Beginning southerly along the westerly boundary of Queensbury
Forest Subdivision South 06°39'25"West a distance of 926.13' to a point in the northerly
boundary of the lands now or formerly of Carol Mosher, as recorded in the office of the
Warren County Clerk in book 714 at page 258, running thence westerly along the
northerly boundary of said lands now or formerly of Carol Mosher, as recorded in the
office of the Warren County Clerk in book 714 at page 258 North 84°44'01" West a
distance of 624.04' to a point in the easterly boundary of Phase Two of the Oakwoods
Subdivision, running thence northerly along the easterly boundary of Phase Two of the
Oakwoods Subdivision North 05°37'59" East a distance of 61.60' to a point at the
southeasterly corner of Section Two Pheasant Walk Subdivision, running thence
northerly along the easterly boundary of said Section Two Pheasant Walk Subdivision
North 06°36'59" East a distance of 1074.17' to a point in the southerly boundary of
Peggy Ann Road, running thence easterly along the southerly boundary of Peggy Ann
Road South 66°04'35" East a distance of 655.25' to the point and place of Beginning.
Containing 14.80 acres of land, being the same, plus or minus.
Subject to any other rights, covenants, easements or restrictions of record.
•
NOTICES\Water District Consolidation Agreement NPH—Leuci Subdivision—June 2015
NOTICE OF PUBLIC HEARING ON
PROPOSED TOWN OF QUEENSBURY
WATER DISTRICTS CONSOLIDATION AGREEMENT
NOTICE IS HEREBY GIVEN that the Queensbury Town Board will hold a Public Hearing on
Monday, July 20th, 2015, beginning at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, New York, at which Hearing all interested parties shall have an opportunity to be heard
concerning the proposed Consolidation Agreement which would consolidate one of the Town's Water
Districts with one of its Extensions pursuant to New York General Municipal Law Article 17-A.
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. 49 (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 and map 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 proposed
Consolidation Agreement is available for viewing at the Town Clerk's Office at 742 Bay Road,
Queensbury, and at the Glens Falls Country Club, 105 Country Club Road, Queensbury, and on the
Town's website: www.queensbury.net.
Dated: ,2015
CAROLINE H.BARBER
Town Clerk
Town of Queensbury
NOTICES\Water District Consolidation Agreement Summary—Leuci Subdivision—June 2015
SUMMARY OF PROPOSED TOWN OF QUEENSBURY
WATER DISTRICTS CONSOLIDATION AGREEMENT
The Queensbury Town Board adopted a Resolution on Monday, June Pt, 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. 49. (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 and map 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, July 20th,
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