At a Regular Meeting of the Town Board of the Town of Pembroke, in the County of Genesee, New York, held at the Pembroke Town Hall in said Town on February 9th, 2023.
Tom Schneider, Supervisor
Kathleen Manne, Councilperson
Edward Arnold Jr. Councilman
Thomas Dix, Councilman
In the Matter: ORDER ESTABLISHING of the DISTRICT (SUBJECT TO PERMISSIVE REFERENDUM)
Establishment of Water District No. 4 in the Town of Pembroke, in the County of Genesee, New York :
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WHEREAS, a map, plan and report relating to the establishment of a proposed Town of Pembroke, Water District No. 4, prepared by Clark Patterson Lee, Engineers in a manner and in such detail as has been determined by this Town Board, has been duly filed with the Town Clerk, in accordance with the requirements of Article 12-A of the Town Law; and
WHEREAS, an order was duly adopted by this Town Board on January 18, 2023, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the map, plan and report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be stated, and specifying February 9th, 2023 as the date, at 6:30 pm on said day as the time, at the Pembroke Town Hall, Pembroke, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear the residents and landowners in the proposed District interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law; and
WHEREAS, such order was duly published and posted as required by law; and
WHEREAS a hearing on said matter was duly held by said Town Board on February 9th, 2023, at 6:30 pm on said day, in the Pembroke Town Hall, Pembroke, New York, at which the residents and landowners of the proposed District desiring to be heard were heard, including those in favor of, and those opposed to, the establishment of said Water District No. 4; now, therefore, upon the evidence adduced at such public hearing, be it
RESOLVED AND DETERMINED:
a. That the notice of hearing was published and posted as required by law, and is otherwise sufficient;
b. That all property and property owners within the proposed district are benefited thereby;
c. That all property and property owners benefited are included within the limits of the proposed district;
d. That it is in the public interest to establish said district; and be it further
RESOLVED AND DETERMINED:
That, Water District #4 is hereby established, the bounds of which are described in the attached Exhibit A, and shall be constructed as set forth in the said map, plan and report and order calling a public hearing, at a cost not to exceed $9,056,000.00 (Nine Million Fifty-six Thousand Dollars and no/100), which shall be financed in the following manner; a USDA grant of $3,744,000.00 (Three Million Seven Hundred Forty-four Thousand Dollars and no/100 dollars) and a 38 year Bond at an annual estimated interest rate of 1.25% in the amount of $5,312,000.00 (Five Million Three Hundred Twelve Thousand Dollars), which shall result in the annual cost of the district for debt service to the equivalent dwelling unit after the first fiscal year is estimated to be $466.00; and the annual cost for the typical home for operation, maintenance and user charges is estimated to be $496.00, for a total cost of $962.00, there is estimated to be one-time costs of $1,140.00 for installation of the individual water systems, and That, the permission of the State Comptroller is not required prior to District Formation, and be it
FURTHER RESOLVED, that this order is subject to a permissive referendum as provided in section 209-e of the Town Law.
Dated: February 9, 2023
Motion made by: Councilman Arnold
Seconded by: Councilwoman Manne
Ayes: Councilwoman Manne, Councilman Dix,
Councilman Arnold, Supervisor Schneider
APPROVED by: Unanimous vote (4-0)
State of New York County of Genesee) ss:
I, Nicole Begin, Town Clerk of the Town of Pembroke, Genesee County, New York, do hereby certify that I have compared the preceding Order with the original thereof filed in my office in Pembroke, New York on the 9th day of February 2023, and that the same is a true and correct copy of said original and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Town, this 9th day of February, 2023.
Nicole M. Begin
Town Clerk of the Town of Pembroke, Genesee County, New York