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305.2010 sewer consolidation agreement RESOLUTION AUTHORIZING CONSOLIDATION AGREEMENT AND CONSOLIDATION OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT AND HILAND PARK SANITARY SEWER DISTRICT RESOLUTION NO.: 305, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination “shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the district”; and WHEREAS, the Central Queensbury Quaker Road Sewer District (“CQQRSD”) was duly established by the Town Board and constructed in late 1980 to serve the business area of Quaker Road, Aviation Road, Route 9 and Bay Road area and has added 12 District extensions over the years, and WHEREAS, the Hiland Park Sanitary Sewer District (“HPSSD”) was duly established by the Queensbury Town Board and constructed in early 1990 by developer Gary Bowen to serve the Hiland Park PUD and has added two district extensions, Adirondack Community College and Willowbrook apartments, over the years, and WHEREAS, the Queensbury Town Board is the body responsible for the administration of all its sewer districts, including the CQQRSD and the HPSSD, and WHEREAS, the Town Wastewater Director has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine the CQQRSD and the HPSSD into one District, and determined that such a combination would create greater operating efficiencies, provide better service to the public each serves, and generate cost savings by avoiding duplication in administrative services, and WHEREAS, the Queensbury Town Board is the governing entity for each of the Districts (the local government entities), so the statutory requirement for a joint Resolution is hereby ratified by a single Resolution by the Queensbury Town Board action on behalf of each District, and WHEREAS, New York General Municipal Law Article 17-A requires, by joint Resolution, the local government entities to endorse a Consolidation Agreement to commence proceedings to consolidate Districts; and WHEREAS, Town Counsel and the Town Wastewater Director prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, and the Town Board, by Resolution 265,2010, endorsed the Consolidation Agreement and set a public hearing on the proposed Consolidation Agreement and consolidation of Sewer Districts, and th WHEREAS, the Town Board duly held such public hearing on Monday, September 13, 2010 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to consolidate the Sewer Districts in accordance with New York General Municipal Law Article 17-A, NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Queensbury Town Board hereby determines that: 1.Notice of the Public Hearing, including a summary of the Agreement and a reference to the public place where it may be examined, was published and displayed on the Town’s website not less than 10 or more than 20 days before the Public Hearing, as required by the New York General Municipal Law and is otherwise sufficient; 2.All property and property owners within the consolidated areas are benefited; 3.It is in the public interest to consolidate the Central Queensbury Quaker Road Sanitary Sewer District and the Hiland Park Sanitary Sewer District into one (1) District as described in the preambles of this Resolution; 4.It is in the public interest to assess all expenses of the District, including all extensions heretofore or 5.hereafter established, as a charge against the entire area of the District as consolidated; and BE IT FURTHER, 2 RESOLVED, that the Town Board hereby approves, authorizes and establishes the consolidation of the Central Queensbury Quaker Road Sanitary Sewer District and the Hiland Park Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board approves the proposed Consolidation Agreement as final and authorizes and directs the Town Supervisor to execute the Consolidation Agreement in the form presented at this meeting, and the Town Supervisor, Wastewater Superintendent, Town Clerk and/or Town Counsel to take all actions necessary to effectuate this Resolution, and BE IT FURTHER, RESOLVED, that, in accordance with the Consolidation Agreement, the CQQRSD and HPSD shall be consolidated into the Queensbury Consolidated Sanitary Sewer District as of October 1, 2010. th Duly adopted this 13 day of September, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None 3