515.2004
NOTICE OF ADOPTION
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At a Regular Meeting of the Town Board of the Town of Queensbury held on October 18,
2004 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York,
the following resolution was passed and is subject to permissive referendum:
RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO
QUEENSBURY CONSOLIDATED WATER DISTRICT –
BLACKBERRY CIRCLE SUBDIVISION EXTENSION
RESOLUTION NO. 515, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to include the proposed Blackberry Circle Subdivision and one existing residence
adjacent to the proposed Subdivision in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (the “Map, Plan and Report”) has been prepared by
Nace Engineering, P.C., professional engineers, concerning the proposed water district extension
to connect the proposed Subdivision to the existing Queensbury Consolidated Water District
water main recently installed along Blind Rock Road, 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 mode of constructing the proposed water district extension improvements,
and
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WHEREAS, on September 13, 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
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the proposed Water District Extension on October 18, 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
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otherwise sufficient;
2. It is in the public interest to establish, authorize, and approve the Blackberry Circle
Subdivision 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 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 Blackberry
Circle Subdivision 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
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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
hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice of this
Resolution as may be required by law.
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Duly adopted this 18 day of October, 2004, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough
NOES : None
ABSENT: None
I, Karen A. O’Brien, Deputy Town Clerk II of the Town of Queensbury, Warren County, New York,
do hereby certify that I have compared the foregoing with the original resolution as listed above
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adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 18 day of
October, 2004 at which a quorum was present and that the same is a correct transcript therefrom and
of the whole original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this
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16 day of November 2004.
SEAL SIGNED:______________________________________
Karen A. O’Brien
Deputy Town Clerk II
Town of Queensbury
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