386.2015 Final Order Approving Exit 18 Overlay Water District - Ext No. 50 - Certified FINAL ORDER APPROVING EXIT 18 OVERLAY
WATER DISTRICT EXTENSION NO. 50 TO
QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO.: 386,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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, by Resolution No.: 304,2015, the Queensbury Town Board performed the
State Environmental Quality Review Act (SEQRA) review for the proposed Water District
Extension No. 50, determined that it would not have a significant effect on the environment and
issued a Negative Declaration, and
WHEREAS, on August 17'', 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 Extension No. 50 to 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) 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 No. 50, 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 estimated annual cost of the Water District
Extension No. 50 to 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 September 14t`, 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.: 305,2015 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. 50 to the
existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with
the Queensbury Town Clerk; (c) all property and property owners within the Water District Extension
No. 50 are benefited; and (d) all benefited property and property owners are included within the limits
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of the Water District Extension No. 50; 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
§209-f; 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 Water District
Extension No. 50 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. 50
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. 50 be provided
upon the required funds being made available or provided for; and it is
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.
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Duly adopted this 2nd day of November, 2015, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: Mr. Irish
I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County,New York, do hereby
certify that I have compared the foregoing with the original resolution as listed above adopted at a
Regular meeting of the Town Board of the Town of Queensbury held on the 2nd day of November,
2015 at which a quorum was present and that the same is a correct transcript there from and of the
whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this
3rd day of November, 2015.
SEAL
SIGNED:
Caroline H. Barber
Town Clerk
Town of Queensbury
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