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508.93 RESOLUTION APPROVING THE ESTABLISHMENT OF THE PASCO AVENUE EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 508, 1993 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Queensbury Consolidated Water District, to be known as the Pasco Avenue Extension, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Queensbury Consolidated Water District, such extension to service an area to the north of the City of Glens Falls and in the vicinity of Sherman Avenue and Pasco Avenue and generally to the west of the Smoke Ridge Road area and east of the Land O'Pines Water District, such area consisting of several parcels or lots with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by Haanen Engineering, Thomas W. Nace, an Engineer licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Consolidated Water District and a general plan of the proposed facilities showing a new 12" water main along Sherman Avenue and a new 6" main along Pasco Avenue, together with necessary hydrants, valves, tees, and a sleeve and restoration work, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed water extension pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Consolidated Water District pursuant to Town Law §206A, and WHEREAS, the said Town Board has considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: 1. notice of said 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 Pasco Avenue Extension to the existing Queensbury Consolidated Water District, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extension are benefitted thereby; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to §206a of the Town Law of the State of New York, 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 IT IS FURTHER, RESOLVED, that: 1. The Pasco Avenue Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following; a. the obtaining of any necessary permits or approvals from the New York State Department of Health; b. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; c. a permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York; d. the adoption of a final Order by the Town Board of the Town of Queensbury; 2. The boundaries of the Pasco Avenue Extension to the Queensbury Consolidated Water District are as follows: Beginning at the northeasterly corner of Great Lot 69, said point also being the northeasterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, Warren County, New York. THENCE from said point of beginning, southerly along the easterly boundary of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury, to the northerly side of Sherman Avenue; THENCE crossing Sherman Avenue to the northeasterly corner of Lot 5.1, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE continuing in a southerly direction along the easterly boundary of said Lot 5.1, Block 4, Section 121 to the southeasterly corner of the said Lot 5.1, Block 4, Section 121; THENCE in a westerly direction along the southerly boundary of said Lot 5.1, Block 4, Section 121 to the southwesterly corner of said Lot 5.1, Block 4, Section 121; THENCE crossing Niagara Mohawk Utility property (Lot 4, Block 2, Section 90 of the Tax Maps of the Town of Queensbury) to the southeasterly corner of Lot 8, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a westerly direction along the southerly boundary of said Lot 8, Block 3, Section 121 to the southwesterly corner of said Lot 8, Block 3, Section 121; THENCE continuing in a northerly direction along the westerly boundaries of Lots 8 and 4, Block 3, Section 121 to the northwesterly corner of said Lot 4, Block 3, Section 121 also being the southern boundary of Sherman Avenue; THENCE crossing Sherman Avenue to the southwesterly corner of Lot 17, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE in a northerly direction along the westerly boundaries of Lots 17, 1.1, 1.2 and 2, Block 2, Section 121 to the northwesterly corner of said Lot 2, Block 2, Section 121 of the Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundaries of Lots 2 and 3, Block 2, Section 121 to the northeasterly corner of said Lot 2, Block 2, Section 121, said corner also being the westerly boundary of Pasco Avenue; THENCE crossing Pasco Avenue to the northwesterly corner or Lot 4, Block 2, Section 121 of Tax Maps of the Town of Queensbury; THENCE continuing in an easterly direction along the northerly boundary of said Lot 4, Block 2, Section 121 to the northeast corner of said Lot 4, Block 2, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 4, 18, 6, and 7.2 to the northwesterly corner of Lot 1.1, Block 3, Section 121 of Tax Maps of the Town of Queensbury; THENCE in an easterly direction along the northerly boundary of said Lot 1.1, Block 3, Section 121 to the northeasterly corner of said Lot 1.1, Block 3, Section 121; THENCE in a southerly direction along the easterly boundaries of Lots 1.1 and 1.2, Block 3, Section 121 the intersection of the easterly boundary of said Lot 1.2, Block 3, Section 121 of Tax Maps of the Town of Queensbury with the northerly boundary of Great Lot 69; THENCE easterly along the northerly boundary of Great Lot 69 crossing Niagara Mohawk utility property to the northwesterly corner of Lot 5.21, Block 4, Section 121 of the Tax Maps of the Town of Queensbury; THENCE easterly along the northerly boundary of said Lot 5.21, Block 4, Section 121 to the point of beginning. 3. The improvements to be included and made a part of the extension shall consist of the purchase and installation of approximately 3,000 lineal feet of 12" water main, 1,010 lineal feet of 6" water main, with necessary valving, hydrants, tees, a sleeve, valve boxes and restoration work, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by Haanen Engineering, Thomas W. Nace, P.E.; 4. All proposed construction shall be installed and paid for by the Queensbury Consolidated Water District as extended and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervision; 5. The maximum amount to be expended for said improvement will not be greater than $125,000.00, said improvement cost to be paid by the Queensbury Consolidated Water District as extended and the areas or properties a part of the extension,; however, will be subject to the same cost for operation, maintenance and capital improvements as in the Queensbury Consolidated Water District; 6. There will be no financing of the construction or installation cost for the proposed water extension, the same to be paid for from current funds; 7. In accordance with Town Law, §206A, all expenses of the Queensbury Consolidated Water District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended; 8. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Queensbury Consolidated Water District and such assessments shall be made on an ad valorem basis and user charge basis (water meter charges); 10. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; and BE IT FURTHER, RESOLVED, that this resolution is subject to a permissive referendum in the manner provided the provisions of Article 7 and Article 12-A of the Town Law of the State of New York and the Town Clerk is hereby authorized and directed to file, post, and publish such notice of this Resolution as may be required by law. Duly adopted this 13th day of September, 1993, by the following vote: AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT:None