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481.2001 RESOLUTION AUTHORIZING APPLICATION TO STATE COMPTROLLER FOR PERMISSION TO ESTABLISH SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 481, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to establish a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District in accordance with Town Law Article 12- A, and WHEREAS, a District Formation Report dated July, 2000, revised September, 2000 and amended and supplemented by Addendum No. 1, Addendum No. 2 and a Supplemental Map, Plan and Report dated May, 2001 (collectively, the "Map, Plan and Report") has been prepared by Jarrett-Martin, LLP, professional engineers, filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Town Board has taken all actions required in accordance with Town Law Article 12-A precedent to approval of the establishment of a sewer district and has adopted a Resolution approving the establishment of the South Queensbury/Queensbury Avenue Sewer District and making the determinations required by Town Law §209-e, and WHEREAS, Town Law §209-f provides that permission of the State Comptroller shall be required for the establishment of a sewer district if the cost of the District is to be financed by the issuance of bonds and/or notes of the Town and the cost of the District is above the average estimated cost for properties or homes for the establishment or extension of similar types of districts as computed by the State Comptroller; and WHEREAS, an Application for such permission of the State Comptroller has been prepared and presented for consideration by the Town Board, and the Town Board has reviewed and discussed the Application; NOW, THEREFORE, BE IT RESOLVED: 1. That the attached Application was prepared at the direction of the Town Board; 2. That the Board believes the contents of the Application to be accurate; 3. That the Board has determined that the District for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost; 4. That the cost of the proposed improvements is to be assessed in whole or in part against a benefited area, and all real property to be so assessed will be benefited by the proposed improvements and no benefited property has been excluded; and BE IT FURTHER, RESOLVED, 2 1. That the Town Board hereby authorizes and directs the Queensbury Town Supervisor to execute the Application in substantially the form presented to the Town Board, with such additions, omissions and revisions as the Town Supervisor and Town Counsel deem necessary and appropriate; and 2 That the Town Board hereby authorizes and directs the Queensbury Town Counsel to submit the executed Application to the Office of the State Comptroller and to provide such other and additional information to the State Comptroller as may be requested. th Duly adopted this 17 day of December, 2001 by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES : None ABSENT: None I, Caroline H. Barber, Deputy Town Clerk 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 17 day of December, 2001 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, th this 11 day of January, 2002. SEAL SIGNED:____________________________ Caroline H. Barber Deputy Town Clerk I Town of Queensbury 3