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246.2003 CONSENT RESOLUTION, FINDINGS AND ORDER APPROVING ANNEXATION OF VETERANS FIELD INDUSTRIAL PARK (NORTHWAY BUSINESS PARK) BY CITY OF GLENS FALLS RESOLUTION NO. : 246, 2003 INTRODUCED BY : Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the City of Glens Falls (the “City”) is the owner of certain uninhabited territory within the Town known as Veteran’s Field which has been rezoned to a light industrial district designated the Veterans Field Industrial Park or the Northway Business Park, and WHEREAS, the City and the Town entered into a Wastewater Treatment Agreement dated April 1, 2002 (the “Wastewater Agreement”), which requires annexation of the Veterans Field Industrial Park Property (Northway Business Park) by the City as a condition to the Town’s right to purchase Additional Purchased Capacity pursuant to the Wastewater Agreement, and WHEREAS, the development of such area for light industrial and manufacturing uses would promote economic progress within both the City and Town by increasing the probability of such industrial and manufacturing development and the creation of additional employment and tax base as well as cash flow within both the City and the Town, and WHEREAS, the City and the Town agree that it would be mutually advantageous to adjust their municipal boundary to include the Veterans Field Industrial Park and certain adjacent lands (Veterans Field Industrial Park Property or Northway Business Park) within the City, and WHEREAS, the City and the Town have agreed upon various details of the proposed annexation and prepared an Annexation Agreement dated as of June 1, 2003 (the “Annexation Agreement”), which specifies certain terms and conditions of the annexation, and WHEREAS, thirty days written notice of the meeting of the Town Board at which the question of such annexation was discussed was given to the Queensbury Union Free School District, the Glens Falls City School District and the Crandall Public Library District, and these Districts were given an opportunity to appear at such meeting and present objections to the proposed annexation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby states that it has fully and carefully considered the effects of the proposed annexation of the Veterans Field Industrial Park Property (Northway Business Park) by the City of Glens Falls on (a) the territory proposed to be annexed, (b) the City of Glens Falls, (c) the remaining area of the Town, (d) the Queensbury Union Free School District and the Glens Falls City School District (e) the Crandall Public Library District and (f) all affected Town fire protection districts (such as the West Glens Falls Fire District) and all affected Town special districts and the comments and recommendations of the Queensbury Union Free School and Glens Falls City School District and the Crandall Public Library District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute and deliver the Annexation Agreement substantially in the form presented to this meeting and execute and deliver any documents and take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution, and BE IT FURTHER, 2 RESOLVED, that the Town Board finds as follows: (1) The proceedings followed by the Town Board in effectuating the proposed annexation have substantially complied with the requirements of General Municipal Law Article 17. (2) The proposed annexation of the Veterans Field Industrial Park (Northway Business Park) to the City is in the overall public interest. Such determination is based on the items detailed in this Resolution, in the Wastewater Agreement and in the Annexation Agreement. NOW, THEREFORE, IT IS ORDERED that the consent and approval of the Town Board is hereby given to the annexation of the Veterans Field Industrial Park Property (Northway Business Park) to the City, and BE IT FURTHER, RESOLVED, that this Consent Resolution, Findings and Order are contingent upon the City authorizing, signing and delivering to the Town the fully-executed Annexation Agreement prior to annexation proceedings being completed by the City and becoming effective, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to file this Consent Resolution, Findings and Order as may be required by law. th Duly adopted this 19 day of May, 2003, by the following vote: AYES : Mr. Turner, Mr. Brower, Mr. Boor NOES : Mr. Stec, Mr. Brewer ABSENT: None 3