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:
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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
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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
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