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380.2008 RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY EXISTS BY CONTRACT OR SERVICE RESOLUTION NO. 380, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve 33 separate, non-adjacent properties currently outside of the Water District, but where Town water service currently exists to such property owners by contract or by service in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Christopher Harrington, P.E., Civil Engineer in the Town of Queensbury’s Water Department, concerning the proposed Water District Extension, and WHEREAS, water mains and fire hydrants currently exist to serve the additional 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 has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water District Extension, 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 was completed by the Town’s Water Department Civil Engineer, and st WHEREAS, on July 21, 2008, 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; (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 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 improvement is on file in the Town Clerk’s Office; (g) that all expenses of the District, including all extensions, shall be a charge against the entire District; 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 th the proposed Water District Extension on Monday, August 18, 2008 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 in accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Town Board has considered the establishment of the proposed Water District Extension 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 2 RESOLVED, that it is the determination of the Queensbury Town Board that: 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 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; 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Water District Extension to serve 33 separate, non-adjacent properties currently outside of the Water District, but where Town water service currently exists to such property owners by contract or by service, 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 construction of the improvements may proceed and service provided, subject to the adoption of a Final Order by the Queensbury Town Board, and BE IT FURTHER, 3 RESOLVED, that this Resolution is subject to permissive referendum pursuant to Article 7 of Town Law and subdivision 3 of Section 209-3 of Town Law and shall not take effect until such time as provided therein. The Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum, to 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 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. th Duly adopted this 18 day of August, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None 4