703.93
RESOLUTION AND FINAL ORDER ESTABLISHING PASCO AVENUE
EXTENSION TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO. 703, 93
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 adopting a resolution and Final Order establishing an extension
to the 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 extension of 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 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 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, 253 Bay Street, Glens Falls, New York, showing the
boundaries of the proposed extension of the Queensbury Consolidated
Water District, and a general plan of the water system, and a
report of the proposed water system and method of operation, and
WHEREAS, the map shows the water mains, gate valves, and
hydrants, together with the location and a general description of
all public works existing or required, and
WHEREAS, the Town Board of the Town of Queensbury desires to
establish the said proposed water district extension pursuant to
Article 12A and consolidate the same with the Queensbury
Consolidated Water District, pursuant to Section 206(a) of the Town
Law of the State of New York, and the Toiwn Board notes that the
manner in which this district is established takes into
consideration the cost of improvements benefitting the Queensbury
Consolidated Water District and the low cost of improvements
benefitting the immediate existing properties,
WHEREAS, the Town Board of the Town of Queensbury held a
public hearing on September 13, 1993 concerning the establishment
of said water district extension, at which time all persons
interested were afforded an opportunity to be heard, and
WHEREAS, the said Town Board has considered the establishment
of said district extension in accordance with the provisions of the
State Environmental Quality Review Act and has adopted a negative
declaration concerning environmental impacts, and
WHEREAS, a notice of such public hearing was duly published
and posted as required by law, and
WHEREAS, after said public hearing and consideration of the
State Environmental Quality Review Act, the said Town Board duly
adopted a resolution on the 13th day of September, 1993,
determining to create said district extension, and
WHEREAS, the Town Clerk of the Town of Queensbury has reported
that petitions requesting a referendum have not been filed, and
WHEREAS, the State Comptroller approval is not necessary,
NOW, THEREFORE, BE IT
RESOLVED AND ORDERED, that it is the final 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
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, property owners and interested persons
within said extension are benefitted thereby; (4) all property and
property owners benefitted are included in said extension; and (5)
pursuant to Section 206.a 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 AND ORDERED, 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
description set forth in the previously described map, plan and
report, subject to the following:
a). The obtaining of necessary permits or
approvals from the New York State Department of Health;
b). The obtaining of the necessary permits from
the New York State Department of Environmental Conservation;
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 proposed district 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 map, plan and report on file with the
Town Clerk of the Town of Queensbury;
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. 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 collection 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);
8. The map, plan and report describing the improvements
and area involved is on file in the Town Clerk's Office of the Town
of Queensbury, for public inspection, and
BE IT FURTHER,
RESOLVED,
1. that a certified copy of this resolution and order
be further filed and recorded in the Office of the Clerk of the
County of Warren;
2. that the Town Clerk, as required by law, file a
certificate with the Clerk of the County of Warren that no
petitions for referendum have been filed;
3. that any other filings of this resolution mandated
by law be completed by the Town Attorney's Office, and
BE IT FURTHER,
RESOLVED, that a consolidated assessment bill shall be
prepared for next year in which assessments are levied against the
extended district, and
BE IT FURTHER,
RESOLVED, that this Order is a Final Order and shall take
effect immediately.
Duly adopted this 22nd day of November, 1993, by the following
vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt
NOES: Mr. Caimano
ABSENT: None