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507.2000 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on December 18th, at 7:00 P.M. 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 EXTENSIONS TO QUEENSBURY CONSOLIDATED WATER DISTRICT – EAGAN ROAD EXTENSION, PALMER DRIVE EXTENSION AND CAROLINE/KNIGHT STREET EXTENSION RESOLUTION NO.: 507, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish three (3) extensions to the Queensbury Consolidated Water District to be known as the Eagan Road Extension, Palmer Drive Extension and Caroline/Knight Street Extension, and WHEREAS, Bill Threw, Inc. is the Developer requesting the Water District Extensions, and WHEREAS, a map, plan and report has been prepared regarding these extensions, the Eagan Road Extension to serve an area in the south-central portion of the Town of Queensbury toward the end of Eagan Road, which is west off of the central portion of Big Bay Road; the Palmer Drive Extension to serve an area along the north side of Palmer Drive, off of Big Bay Road a short distance south of the Eagan Road Extension; and the Caroline/Knight Street Extension to serve an area at the intersection of Caroline and Knight Streets adjacent to the western boundary of the City of Glens Falls, such extensions more specifically described in the map, plan and report, and WHEREAS, the map, plan and report prepared by Nace Engineering, P.C., 169 Haviland Road, Queensbury, New York has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the map, plan and report shows the boundaries of the proposed extensions to the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation and the source of water supply, and WHEREAS, the map, plan and report shows the water distribution mains, gate valves, and hydrants, together with the location and a general description of all related or appropriate public works existing or required, and th WHEREAS, on December 4, 2000, 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 Extensions; (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 Extensions; 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, a public hearing on the proposed Water District Extensions was duly held on th December 18, 2000 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 Extensions in accordance with Town Law Article 12A and consolidate the Extensions with the Queensbury Consolidated Water District in accordance with Town Law §206A, and 2 WHEREAS, the Town Board has considered the establishment of the proposed District Extensions in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and 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 otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Eagan Road Extension, Palmer Drive Extension and Caroline/Knight Street 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 Extensions are benefited; 4. All benefited property and property owners are included within the limits of the Extensions; 5. In accordance with New York State Town Law §206a, 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 Eagan 3 Road Extension, Palmer Drive Extension and Caroline/Knight Street Extension of the Queensbury Consolidated Water District and the Extensions are 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. 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. a permissive referendum in the manner provided in New York State Town Law Article 7; 4. the adoption of a Final Order by the Queensbury Town Board; 5. the execution of an agreement concerning the extension in form acceptable to Town Counsel; and 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 December, 2000, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower 4 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 h adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 18 day of December, 2000 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 18 day of January, 2001. SEAL SIGNED:____________________________ Caroline H. Barber Deputy Town Clerk Town of Queensbury 5