473.96
RESOLUTION AND FINAL ORDER ESTABLISHING
ROUND POND WATER DISTRICT EXTENSION
TO THE QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO. 473, 96
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
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
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 service 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,
and the Town 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,
and
WHEREAS, the Town Board of the Town of Queensbury held a
public hearing on June 20, 1994 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 20th day of June, 1994, determining to
create said Water 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 Round Pond Water District
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 §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 Round Pond Water District Extension to the Queensbury
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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;
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;
2. The boundaries of the Round Pond Water District Extension
to the Queensbury Consolidated Water District are as follows:
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
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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
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 to be expended for said improvement
is estimated to be $147,000, said amount to be paid by the
Developer 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
requested 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, all of the
expenses of the Queensbury Consolidated Water District, including
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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 and
area involved are 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 Counsel'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 2nd day of December, 1996, by the following
vote:
AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver,
Mr. Champagne
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NOES : None
ABSENT: None
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