Loading...
148.2016 Final Consolidtaion Agreement Water Dist Ext 51 RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT FOR CONSOLIDATION OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY CONSOLIDATED WATER DISTRICT EXTENSION NO. 51 RESOLUTION NO.: 148,2016 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 March 7th, 2016, the Town Board established the Queensbury Consolidated Water District Extension No. 51 to the QCWD to serve the proposed Maurice Combs Subdivision on 636 Corinth Road ("QCWDX"), and WHEREAS, water mains and fire hydrants and other capital improvements are planned to be constructed to serve the parcels within the QCWDX, provided the Developer receives all Town approvals for variances related to the proposed Subdivision, 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 March 7th, 2016 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 Monday, April 18th, 2016, 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 18'h day of April, 2016 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None 3