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1.1 1.1 WATER\Approve Water District Extension No.51—Combs Subdivision—1-25-16 RESOLUTION APPROVING EXTENSION NO. 51 TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE MAURICE COMBS SUBDIVISION RESOLUTION NO. ,2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the proposed Maurice Combs Subdivision (Subdivision) on 636 Corinth Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by Hutchins Engineering concerning the proposed Water District Extension No. 51 to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the north side of Corinth Road 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. 51, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the proposed Water District Extension No. 51, and determined that the project would not have a significant effect on the environment and issued a Negative Declaration, and WHEREAS, the estimated annual cost to the"typical property" was filed with the Town Clerk and made a part of the Map, Plan and Report, and WHEREAS, on January 11'', 2016, 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. 51; (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 proposed Water District Extension No. 51 to the typical property and the typical one or two family home (if not 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; and (g) the time and place of a public hearing on the proposed Water District Extension No. 51, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, 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 cost of the proposed Water District Extension No. 51 to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Water District Extension No. 51 was duly held on Monday, January 25t`, 2016 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. 51 as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, 2 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. The Order scheduling the Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the proposed Water District Extension No. 51 are benefited thereby; 3. All property and property owners benefited are included within the limits of the proposed Water District Extension No. 51; 4. It is in the public interest to establish, authorize, and approve the proposed Water District Extension No. 51 as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited areas of the proposed Water District Extension No. 51 to be as described in and shown on the map of the proposed Water District Extension No. 51 attached to the Map, Plan and Report; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Maurice Combs Subdivision Water District Extension No. 51 in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, and construction of the improvements may proceed and service may be provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State 3 Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any required approval(s) of the New York State Comptroller's Office; 4. Permissive referendum in the manner provided in New York State Town Law Article 7; and 5. 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 the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein, and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and to distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days 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 25th day of January, 2016, by the following vote: AYES NOES ABSENT: 4