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268.2004 RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT – RICHARDSON STREET EXTENSION RESOLUTION NO.: 268, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Consolidated Water District to be known as the Richardson Street Extension, and WHEREAS, a Map, Plan and Report has been prepared regarding the extension which will encompass the area of Richardson Street situated between Fifth Street Extension and the Queensbury Town line along Richardson Street/Haviland Avenue, plus Edgewater Place and Feeder Canal Court, such extension more specifically described in the Map, Plan and Report prepared by Jarrett-Martin Engineers, PLLC, 12 East Washington Street, Glens Falls, New York and filed in the Queensbury Town Clerk's Office and available for public inspection, and WHEREAS, the Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation and the source of water supply, and WHEREAS, the Map, Plan and Report shows the water infrastructure serving the parcels included in the District Extension, and rd WHEREAS, on May 3, 2004, 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; and (g) 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 May 17, 2004 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 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 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 Richardson Street Extension to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 2 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 it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Richardson Street Extension of 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 and subject to the following: 1.a permissive referendum in the manner provided in New York State Town Law Article 7; and 2.the adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and Article 12-A and the Town Board 3 hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice of this Resolution as may be required by law. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None 4