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185.2009 RESOLUTION AND FINAL ORDER ESTABLISHING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE CERRONE SUBDIVISION RESOLUTION NO. 185, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board has decided 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, a Map, Plan and Report which included: (a) the boundaries of the proposed District; (b) a general plan of the proposed water system; (c) a report of the proposed method of operation; (d) the source of water supply and description of any lands, streams, water to water rights to be acquired; and (e) the mode of constructing the proposed water works, water mains, distributing pipes and hydrants, was submitted to the Town Board and filed with the Town Clerk, 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 th WHEREAS, on April 6, 2009, the Town Board adopted a Resolution determining that (a) the notice of public hearing was published and posted as required by law and was otherwise sufficient; (b) all of the property and property owners within the proposed District Extension would be benefited thereby; (c) all of the property and property owners benefited are included within the boundaries of the proposed District Extension; and (d) the establishment of the District Extension as the boundaries are set forth in the Plan subject to permissive referendum in the manner provided in Town Law Article 7, and WHEREAS, by Resolution No.: 115,2009, 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, which Resolution was subject to permissive referendum, and WHEREAS, the required Notice of Resolution subject to permissive referendum was duly published and the Queensbury Town Clerk has reported that petitions requesting a referendum have not been filed within 30 days after the date of the Resolution, NOW, THEREFORE, BE IT ORDERED, that the Queensbury Consolidated Water District Extension be established to serve the Cerrone Subdivision 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, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Warren County Clerk’s Office in the time and 2 manner required by law, and 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 18 day of May, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 3