179.2015 Final Consolidation Agreement Qsby Consolidated Water Ext RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT
FOR CONSOLIDATION OF QUEENSBURY CONSOLIDATED
WATER DISTRICT AND QUEENSBURY CONSOLIDATED
WATER DISTRICT EXTENSION NO. 48
RESOLUTION NO.: 179,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
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: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
3