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169.2009 RESOLUTION AND FINAL ORDER ESTABLISHING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE RAWSON SUBDIVISION RESOLUTION NO. 169, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the Rawson Subdivision (Subdivision) on the west side of West Mountain Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by G. Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water district extension to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the east side of West Mountain Road 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 th WHEREAS, on January 26, 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 rd the proposed Water District Extension on Monday, February 23, 2009 and the Town Board considered the evidence given together with other information, and WHEREAS, the action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review was not required, and WHEREAS, by Resolution No.: 65,2009, the Town Board established the proposed Water District Extension in accordance with Town Law Article 12-A and consolidated the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Queensbury Town Clerk has reported that petitions requesting a referendum have not been filed, and WHEREAS, State Comptroller approval is not necessary, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that it is the final determination of the Queensbury Town Board that: 2 1.Notice of 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 Water District Extension to serve the Rawson Subdivision to the Queensbury Consolidated Water District as has been described in the Map, Plan and Report on file with the Queensbury Town Clerk and as more specifically described in this Resolution; 3.All property, property owners and interested persons within the Extensions are benefited; 4.All benefited property and property owners are included within the limits of the Extension; and 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 IT IS FURTHER, RESOLVED AND ORDERED that: 1.Such 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 on file in the Queensbury Town Clerk's Office for public inspection. 3 2.The boundaries of such Extension to the Queensbury Consolidated Water District are to be as set forth in the previously described Map, Plan and Report. 3.The proposed improvements consist of construction of infrastructure to support the Subdivision which include a horizontal subsurface boring under West Mountain Road to be made to provide access to the Town’s water main along the east side of West Mountain Road. A 6” ductile iron water supply will be installed south of the new subdivision road and will dead-end at a fire hydrant in the middle of the cul-de-sac. Individual taps to serve each new building lot will be made to this new 6” water line. All new installations and taps will be coordinated with the Town of Queensbury Water Department. Maintenance of the existing and new facilities will be provided by the Town of Queensbury Water Department. 4.All new capital costs associated with the installation of the new water supply facilities including materials, excavation and labor will be paid by the subdivision developer. There is no cost to the Town or the District for this District Extension. 5.The capital improvements necessary for this service area were provided and paid for by the Subdivision developer and so there will be no debt service costs related to this District Extension to the District. The estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one family home for operation and maintenance and other charges (assuming an average water usage) is $561. There will be no hook-up fees and the cost to construct a water service connection from the new 6” water main to each new structure and the purchase and installation of a water meter would be included in the total cost of each home. 6.A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 4 7.The developer of the Subdivision will pay all costs of the improvements so there will be no financing required by the Town on behalf of the District. 8.The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and 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. 9.All expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended and the costs of operation, maintenance and improvements shall continue to be financed on both an ad valorem basis and a water rent basis. and BE IT FURTHER, ORDERED that 1.The Town Clerk shall file and record in the Warren County Clerk’s Office: A) a certified copy of this Resolution and Order, and B) a certificate that no petitions for referendum have been filed; 2.Any other filings of this Resolution mandated by law shall be completed by the Town Supervisor, Town Clerk, Water Superintendent and/or Town Counsel's Office; and 5 BE IT FURTHER, ORDERED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended District, and BE IT FURTHER, ORDERED, that this Order is a Final Order and shall take effect immediately. th Duly adopted this 4 day of May, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 6