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311.2002 RESOLUTION APPROVING QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.: 4 RESOLUTION NO. 311, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No. 4, and WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.C., engineers licensed by the State of New York regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve a one-acre parcel of land located on the north side of Dix Avenue, Queensbury identified as tax map parcel no.: 303.15-1-6 and 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 sewer district extension, a general plan of the proposed sewer system., a report of the proposed sewer system and method of operation, and th WHEREAS, on July 15, 2002, 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 Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer 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 Sewer District; (h) that all the 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 WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and th WHEREAS, a public hearing on the proposed Sewer District was duly held on August 5, 2002 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Sewer Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12A, and consolidate the Extension with the Queensbury Technical Park Sewer District in accordance with Town Law §206-a, and WHEREAS, the Town Board has considered the establishment of the Sewer 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 the Queensbury Town Board hereby determines that: 2 1.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.All property and property owners within the extension are benefited; 3.All property and property owners benefited are included within the limits of the extension; 4.It is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer District Extension No. 4 to the existing Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk as more specifically described as follows: All that certain parcel of land located on the northerly side of Dix Avenue in the Town of Queensbury, Warren County, New York and which parcel is bounded and described as follows: Beginning at a point in the northerly bounds of Dix Avenue approximately 843 feet westerly of the westerly bounds of New York State Route 254, also known as Quaker Road; running thence from the point of beginning in a northwesterly direction and along the northerly bounds of said Dix Avenue, North 65 degrees 06 minutes 40 seconds West for a distance of 172.68 feet to a point; thence running in a northeasterly direction on a course perpendicular to the northerly bounds of Dix Avenue, North 24 degrees 53 minutes 20 seconds East for a distance of 292.24 feet to a point; thence running in a southeasterly direction, South 40 degrees 15 minutes 50 seconds West for a distance of 190.30 feet to a point; thence running in a southwesterly direction South 24 degrees 53 minutes 20 seconds West for a distance of 212.27 feet to the point of beginning containing 1.00 acres of land more or less. 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, 3 RESOLVED, that the Town Board hereby approves, authorizes and establishes the Queensbury Technical Park Sewer District Extension No. 4 in accordance with the boundaries and descriptions set forth in this Resolution and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1.The obtaining of any necessary permits or approvals from the New York State Department of Health; 2.The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3.Permissive referendum in the manner provided in New York State Town Law Article 7; and 4.The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition. th Duly adopted this 5 day of August, 2002, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES : None 4 ABSENT: None 5