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305.2015 Approve Exit 18 Overlay Water District Ext RESOLUTION APPROVING EXIT 18 OVERLAY WATER DISTRICT EXTENSION NO. 50 TO QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 305,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to form the Exit 18 Overlay Water District Extension#50 to serve three (3) parcels not within the Water District or wholly within such District, but where Town water service currently exists to serve or benefit such properties in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed Water District Extension No. 50 has been prepared by The Chazen Companies, and WHEREAS, water mains and fire hydrants currently exist to serve the three (3) parcels proposed for inclusion in the District and therefore, no new capital improvements are required to serve any of the parcels proposed for inclusion in the District, 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. 50, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and distribution system capacity, and WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map, Plan and Report and Part I of the EAF, and WHEREAS, on August 17th, 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. 50; (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 to the typical property; (e) the proposed method of financing to be employed; (f)the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; (g) that all expenses of the Water District Extension, including all extensions, shall be a charge against the entire Water District Extension; and(h)the time and place of a public hearing on the proposed Water District Extension, 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, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension No. 50 on Monday, September 14th, 2015 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension No. 50 in accordance with Town Law Article 12-A and intends to consider consolidating the Extension with the Queensbury Consolidated Water District in the future, and WHEREAS, the Town Board has considered the establishment of the proposed Water District Extension No. 50 in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 2 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Water District Extension No. 50 to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extension are benefited; 4. All benefited property and property owners are included within the limits of the Extension; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Exit 18 Overlay Water District Extension No. 50 to serve three (3) parcels not within the Water District or wholly within such District, but where Town water service currently exists to serve or benefit such properties, to the Queensbury Consolidated Water District and the Extension is in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and the improvements may proceed and service provided, subject to the adoption of a Final Order by the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with Town Law Article 7 and Town Law §209-e(3) and shall not take effect until such time as provided therein, and the Town Board authorizes and directs the Town Clerk to post and publish the notice required for Resolutions subject to permissive referendum, make available proper forms for a Petition for Referendum and distribute a supply to anyone who requests them and, if no such Petition is filed 3 with 30 days after the date of this Resolution, to file a Certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 14'h day of September, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr.Strough NOES None ABSENT: None 4