285.94
RESOLUTION APPROVING THE ESTABLISHMENT OF THE
ROUND POND WATER DISTRICT EXTENSION
TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO. 285, 94
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, the Town Board of the Town of Queensbury is desirous
of establishing an extension to the Queensbury Consolidated Water
District, to be known as the Round Pond Extension with certain
excess facilities, and
WHEREAS, a map, plan and report has been prepared regarding
the said extension of the existing Queensbury Consolidated Water
District, such extension to serve an area adjacent to, in and
around that area of the Town of Queensbury in the northerly portion
of the Town east of U.S. Route 9 along Round Pond Road and Birdsall
Road and including a subdivision known as the Round Pond
Subdivision, as more specifically set forth in the said map, plan
and report, and
WHEREAS, the map, plan and report have been filed in the Town
Clerk's Office, in the Town of Queensbury, and are available for
public inspection, and
WHEREAS, the map, plan and report was prepared by Thomas W.
Nace, P.E., Haanen Engineering, 253 Bay Road, Queensbury, New York,
12804, an Engineer licensed by the State of New York, and
WHEREAS, said map, plan and report shows 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 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
WHEREAS, the Town Board of the Town of Queensbury desires to
establish the said proposed Water District Extension pursuant to
Town Law Article 12A and consolidate the same with the Queensbury
Consolidated Water District, pursuant to §206(A) of the Town Law of
the State of New York, and
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WHEREAS, Thomas W. Nace, P.E., in developing the map, plan,
and report for Mr. Passarelli previouisly ascertained that an 8"
diameter water main along Round Pond Road would be sufficient for
purposes of providing water service to the area that Mr. Passarelli
has requested be served, and
WHEREAS, the Queensbury Consolidated Water Superintendent has
recommended that the pipeline to be installed along Round Pond Road
be increased from an 8" diameter main to a 12" diameter main since
such excess capacity would provide sufficient capacity for further
water needs in that area of the Town and provide a pipe that could
be extended in the future to allow the Town to tie into other water
pipes located at or near Round Pond and Bay Road intersections,
thereby increasing the reliability of the transmission system and
basically being consistent with overall good planning for the
future growth and reliability of the water system, and
WHEREAS, the engineers for Mr. Passarelli, Thomas W. Nace,
P.E., Haanen Engineering has advised that there will be an
additional cost for such an increase in pipe in the amount up to
$27,000, and
WHEREAS, the Town Board of the Town of Queensbury, by separate
resolution, provided authorization for excess facilities and made
the same subject to a Permissive Referendum as is required by Town
Law §192-A, and
WHEREAS, a public hearing concerning the establishment of the
District Extension was duly held on June 20, 1994 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 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 Round Pond 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
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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 Round Pond 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. the approval by the Town Board of the execution of an
agreement between the Developer, Mr. Guido Passarelli,
and the Town of Queensbury, providing for the payment of
the cost of installation of the water pipes and
contribution to the Queensbury Consolidated Water
District, and payment by the Town of Queensbury for
excess facilities.
d. a permissive referendum in the manner provided in
Article 7 of the Town Law of the State of New York;
e. the adoption of a final Order by the Town Board of the
Town of Queensbury;
2. The boundaries of the Round Pond Extension to the
Queensbury Consolidated Water District are as follows:
DESCRIPTION OF PROPOSED ROUND POND EXTENSION
TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK
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Beginning at a point, said point being the
intersection of the northerly boundary of the
Round Pond Road right of way and the easterly
boundary of the existing Town of Queensbury
Consolidated Water District, said point being
approximately 500 feet east of the easterly
edge of the U.S. Route 9 right of way; thence
easterly along the northerly boundary of the
Round Pond Road right of way to a point, said
point being the southwesterly corner of a
portion of Parcel 1-Block 2-Section 67 of the
Tax Maps of the Town of Queensbury and the
southeasterly corner of Parcel 3.1-Block 2-
Section 36; thence northerly along the
easterly boundary of a portion of Parcel 1-
Block 2-Section 67 to the northwest corner of
said Parcel 1-Block 2-Section 67; thence
easterly along the northerly boundary of said
Parcel 1-Block 2-Section 67 crossing the
Birdsall Road Right of Way to a point, said
point being the intersection of the easterly
boundary of the Birdsall Road right of way and
the northerly boundary of Parcel 1-Block 2-
Section 67; thence southeasterly along the
Birdsall Road right of way to a point, said
point being the intersection of the easterly
boundary of the Birdsall Road right of way and
the northerly boundary of the Round Pond Road
right of way; thence southeasterly along an
extension of the easterly boundary of the
Birdsall Road right of way and crossing the
Round Pond Road right of way to a point on the
southerly boundary of the Round Pond Road
right of way; thence westerly along the
southerly boundary of the Round Pond Road
right of way to a point, said point being the
intersection of the easterly boundary of the
existing Town of Queensbury Consolidated Water
District and the southerly boundary of the
Round Pond Road right of way, and said point
being approximately 500 feet east of the
easterly edge of the U.S. Route 9 right of
way; thence northerly along the Town of
Queensbury Consolidated Water District
boundary crossing the Round Pond Road right of
way to the point of beginning.
3. The improvements to be constructed by the Developer and
included and made a part of the extension shall consist of the
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purchase and installation of water distribution mains, hydrants and
gate valves and such other facilities as more specifically set
forth in the aforesaid map, plan and report prepared by Thomas W.
Nace, P.E. and the costs shall also include a proportionate share
of the cost of the Water Treatment Plant, mains and other
facilities of the existing Queensbury Consolidated Water District;
4. All proposed water mains and appurtenances shall be
installed in full accordance with the Town of Queensbury
specifications and ordinances and in accordance with approved plans
and specifications and under competent engineering supervision and
thereafter all water mains and improvements shall be turned over to
the Town of Queensbury without charge;
5. The maximum amount proposed to be expended for said
improvement is estimated to be $147,000.00, said amount to be paid
by the Developer and except that the Town will be responsible for
the payment of up to $27,000 thereof as a cost for excess
facilities consisting of changing the water line from an 8" main to
a 12" main as required by the Town;
6. There will be no financing of the proposed Water
District Extension improvements by the proposed District, the Town
of Queensbury, or the Queensbury Consolidated Water District, the
Developer will contribute towards existing facilities, and parcels
in the proposed District will contribute to the Consolidated Water
District as herein set forth and the Town shall pay, from current
funds, the cost of the excess facilities;
7. In accordance with §206(A) of the Town Law of the State
of New York, all of the expenses of the Queensbury Consolidated
Water District, including all extensions 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);
9. The map, plan and report describing the improvements 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
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referendum in the manner provided in 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 20th day of June, 1994, by the following
vote:
AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan,
Mr. Champagne
NOES: None
ABSENT: None
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