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316.2004 RESOLUTION AND FINAL ORDER ESTABLISHING RICHARDSON STREET EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 316, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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, heard all interested persons concerning the th proposed Water District Extension on May 17, 2004 and considered the evidence given together with other information, and WHEREAS, the Town Board considered the establishment of the proposed District Extension in accordance with the provisions of the State Environmental Quality Review Act and by Resolution No.: 267, 2004, adopted a Negative Declaration concerning environmental impacts, and WHEREAS, by Resolution No.: 268, 2004, the Town Board established the proposed Water District Extension in accordance with Town Law Article 12-A and consolidated the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Queensbury Town Clerk has reported that petitions requesting a referendum have not been filed, and WHEREAS, State Comptroller approval is not necessary, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that it is the final determination of the Queensbury Town Board that: 2 1.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 Queensbury Consolidated Water District as has been described in the Map, Plan and Report on file with the Queensbury Town Clerk and as more specifically described in this Resolution; 3.All property, property owners and interested persons within the Extensions are benefited; 4.All benefited property and property owners are included within the limits of the Extension; and 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 IT IS FURTHER, RESOLVED AND ORDERED, that: 1.The Richardson Street Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established in accordance with the boundaries and description set forth in the previously described Map, Plan and Report on file in the Queensbury Town Clerk's Office for public inspection. 2.The boundaries of the Richardson Street Extension to the Queensbury Consolidated Water District are to be as set forth in the previously described Map, Plan and Report. 3.Eight inch (8”) water mains are currently in service along Richardson Street, Haviland Avenue, Edgewater Place and Feeder Canal Court along with at least six (6) fire hydrants for fire 3 service. Existing water mains also serve the additional parcels proposed for inclusion in the District. No new capital improvements are required to serve any of the parcels proposed for inclusion in the District and therefore, no additional capital costs must be borne by the property owners of this District Extension and no financing of improvements is required for this District Extension. All properties included within this District Extension are currently served by the water system and therefore, no new service hook-ups are required. 4.There will be no hook-up fees to the typical property, which typical property means a benefited property having an assessed value that approximates the assessed value of the mode of the benefited properties. The mode value is $90,700. The estimated annual cost of the extension to the typical property will be $1.4257 per $1,000 assessed value or an ad valorem charge of $129.31. The water use charge based on 200 gallons/day x 365/4 days/quarter x $1.52/1000 gallons = $20 + $15.20 = $35.20/qrtr or an annual charge of $140.80. So the total estimated annual cost for the typical property is $270.11. The estimated annual cost to the typical user is below the State Comptroller’s Office threshold amount so no approval of the State Comptroller’s Office will be necessary. 5.All expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended and the costs of operation, maintenance and improvements shall continue to be financed on both an ad valorem basis and a water rent basis. and BE IT FURTHER, ORDERED, 1.That the Town Clerk shall file and record in the Warren County Clerk’s Office: A) a certified copy of this Resolution and Order, and B) a certificate that no petitions for referendum have been filed; 4 2.That any other filings of this Resolution mandated by law be completed by the Town Supervisor, Town Clerk, Water Superintendent and/or Town Counsel's Office; and BE IT FURTHER, ORDERED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended District, and BE IT FURTHER, ORDERED, that this Order is a Final Order and shall take effect immediately. st Duly adopted this 21 day of June, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None 5