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115.2009 RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE CERRONE SUBDIVISION RESOLUTION NO. 115, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve a relatively small portion of the Cerrone Subdivision (Subdivision) on the west side of Corinth and West Mountain Roads in the Town of Queensbury in accordance with New York Town Law Article 12-A, and WHEREAS, this small portion of nine (9) lots in the Subdivision is necessary only to include all developable portions of nine (9) lots which already were in the Queensbury Consolidated Water District and which already were benefited by the Water District, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Nace Engineering, P.C., concerning the proposed water district extension to include this small portion of these lots and will connect the Subdivision to the existing Queensbury Consolidated Water District water main along West Mountain and Corinth Roads 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 Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and rd WHEREAS, on March 23, 2009, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller’s Office, all as required by law, and WHEREAS, the Town Board held a public hearing and heard all interested persons concerning th the proposed Water District Extension on Monday, April 6, 2009 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension in accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review is not required, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2 2. It is in the public interest to establish, authorize, and approve the Water District Extension (to serve the Cerrone Subdivision) to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extension are benefited; 4. All benefited property and property owners are included within the limits of the Extension; 5. In accordance with New York State Town Law §206-a, 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 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Water District Extension to serve the Cerrone Subdivision to the Queensbury Consolidated Water District and the Extension is in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided, subject to the adoption of a Final Order by the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that this Resolution is also subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and Article 12-A and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice of this Resolution as may be required by law. 3 th Duly adopted this 6 day of April, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 4