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240.99 RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 4 RESOLUTION NO. 240, 1999 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road Sewer District Extension No. 4, and WHEREAS, Stewart’s Ice Cream Company, Inc., (the Developer) has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, based on the recommendation of the Town of Queensbury’s Director of Wastewater, the Town Board has requested that the Developer install excess capacity as part of the improvements to accommodate future growth in the area, where the cost of such excess capacity in the amount of $10,000 will be paid by the Town’s General Fund, to be reimbursed when later development occurs, and WHEREAS, a Map, Plan and Report has been prepared by Lawrence H. Rutland, Jr., P.E., an Engineer licensed by the State of New York, regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve a Stewart’s Shop to be located at the corner of Bay and Cronin Roads in the Town of Queensbury, such area consisting of a parcel bearing Tax Map No.: 60-2-11.1 as more specifically set forth and described 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 delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed sewer extension in accordance with Town Law Article 12A and consolidate it with the Central Queensbury Quaker Road Sewer District in accordance with Town Law, §206-a, and WHEREAS, the Town Board considered the establishment of the extension in accordance with the provisions of the State Environmental Quality Review Act and adopted a negative declaration concerning environmental impacts, and WHEREAS, the Town Board also adopted a Resolution approving the extension of the District subject to a permissive referendum, and WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with Subdivision 4, Town §209-e establishes that no petition was filed requesting a referendum, and WHEREAS, State Comptroller approval is not necessary, and WHEREAS, the Town wishes to adopt a Final Order extending the Central Queensbury Quaker Road Sewer District, NOW, THEREFORE, IT IS ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that: 1.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient. 2 2.An Agreement between the parties has been executed and filed in the Queensbury Town Clerk’s Office; 3.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension No. 4 to the Central Queensbury Quaker Road Sewer District as it 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; 4.The extension benefits all property and property owners within the extension; 5.All benefited property and property owners are included within the limits of the extension; 6.In accordance with §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; IT IS FURTHER, ORDERED, that: 1.The Central Queensbury Quaker Road Sewer District Extension No. 4 to the Central Queensbury Quaker Road Sewer District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the 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; 3 B. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2. The boundaries of the Central Queensbury Quaker Road Sewer District Extension No. 4 to the Central Queensbury Quaker Road Sewer District are as follows: All that piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and State of New York being bounded and described as follows: Beginning at a point marked by an iron pin at the intersection of the east bounds of Bay Road (Warren County Route 7) with the north bounds of Cronin Road, said point being the southwesterly corner of lands of the grantors herein, Roger and Barbara Brassel, and the southwesterly corner of the parcel herein described; running thence along said east bounds of Bay Road the following three courses: N 04° 43’ 50” E 74.17’ to an iron pin; S 81° 24’ 10” E 10.00’ to a capped iron pin; N 06° 12’ 40” E 120.10’ to a capped iron pin set; thence leaving said bounds of Bay Road and running through lands of Brassel S 84° 06’ 28” E 284.03’ to a capped iron pin set on the west bounds of lands of JBJ Queensbury, LLC; running thence along said west bounds of lands of JBJ Queensbury, Inc. S 05° 53’ 33” W 207.42’ to a capped iron pin set on the aforementioned north bounds of Cronin Road; running thence along said north bounds of Cronin Road N 81° 26’ 40” W 293.50’ to the point and place of beginning. Containing 1.327 acres of land. 3. The improvements to be included and made a part of the extension shall be as more specifically set forth in the Map, Plan and Report prepared by Lawrence H. Rutland, Jr., P.E., and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction, with the exception of the additional cost described below in paragraph 7 4 of this Order, shall be installed and paid for by the Developer (including the cost payable to the City at the time of initial hook-up) 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 proposed to be expended for this improvement will not be greater than $29,000, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in this case would be $742.50 or a total of $29,742.50. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Central Queensbury Quaker Road Sewer District for the proposed extension except as described in paragraph 7 below. The areas or properties that comprise the extension however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District. 6. The method of apportioning costs is such that the Developer and/or Owner of the property which the extension will service, will pay the cost for engineering, installation of the sewer pipe, with the exception of the additional cost described in paragraph 7 below, and necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will thereafter be consolidated with the Central Queensbury Quaker Road Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Central Queensbury Quaker Road Sewer District; 5 § 7. In accordance with 192-a of Town Law, the Town Board hereby authorizes its General Fund to reimburse the Developer the amount of $10,000 as the estimated additional cost to the Developer to install a sewer line that will meet not only the Developer’s needs, but will also meet the needs caused by future growth along the Bay Road corridor. The General Fund shall reimburse the Developer such amount when the portion of the sewer line designated for future use is put into operation and the project is completed satisfactorily to the Town; and 8. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, with the exception of the additional cost described in paragraph 7 above, the Town of Queensbury or the Central Queensbury Quaker Road District, the Developer being completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension; § 9. In accordance with Town Law 206-a, it is in the public interest to assess all expenses of the district, including all extensions included 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. 10. 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 Central Queensbury Quaker Road Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 6 11. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and is available for public inspection; and BE IT FURTHER, ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution and Order to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order. th Duly adopted this 19 day of July, 1999, by the following vote: AYES : Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT: None 7