Loading...
515.2004 NOTICE OF ADOPTION th 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 th 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 th 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 2 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 3 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. th 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 th 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 th 16 day of November 2004. SEAL SIGNED:______________________________________ Karen A. O’Brien Deputy Town Clerk II Town of Queensbury 4