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The original item was published from 7/28/2015 2:48:00 PM to 8/11/2015 12:00:10 AM.

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Public Hearing Notices & Public Notices

Posted on: July 28, 2015

[ARCHIVED] ORDER FOR PUBLIC HEARING TO ESTABLISH THE “BALLERINA COURT SUBDIVISION SEWER DISTRICT”

TOWN OF VICTOR
ORDER FOR PUBLIC HEARING TO ESTABLISH THE “BALLERINA COURT SUBDIVISION SEWER DISTRICT” AND CONSOLIDATE IT INTO THE VICTOR CONSOLIDATED SEWER DISTRICT

WHEREAS, the Town of Victor (the “Town”) has received a Map, Plan and Report dated May 20, 2015 and prepared by DSB Engineers and Architects (the “MPR”), requesting an extension to the Town of Victor Consolidated Sewer District (the “Sewer District”) into lands commonly known as and referred to as the Ballerina Court Subdivision in the Town of Victor, NY (the proposed extension to the Sewer District is hereinafter referred to as the “Ballerina Court Subdivision Sewer District”); and

WHEREAS, given the nature of the MPR and the policy and practice of the Town of Victor with respect to sewer districts, the MPR will be treated as and has been converted to one for the establishment and consolidation of the Ballerina Court Subdivision Sewer District into the Victor Consolidated Sewer District; and

WHEREAS, simultaneous with its establishment, the Town of Victor will cause the Ballerina Court Subdivision Sewer District to be consolidated into the Town of Victor Consolidated Sewer District, so as to eliminate the additional administrative burden and costs associated with the operation of multiple sewer districts; and

WHEREAS, the boundaries of the Ballerina Court Subdivision Sewer District are generally within the Town of Victor Ballerina Court residential Subdivision, the specific metes and bounds legal description being set forth in the MPR referred to herein and available for public inspection at the Victor Town Clerk’s Office; and

WHEREAS, the proposed improvements include: infrastructure, including 8 and 10 inch diameter SDR-35 sanitary sewer main, 4 inch diameter SDR-21 sanitary sewer laterals, and sanitary sewer manholes; and

WHEREAS, the maximum amount proposed to be expended by the Town for the Ballerina Court Subdivision Sewer District and associated improvements is the sum of zero dollars ($0.00), as the applicant will pay for the capital cost thereof; and

WHEREAS, since there will be no capital cost to the Town for the Ballerina Court Subdivision Sewer District, no financing will be employed and it is therefore not necessary to obtain the approval of the New York State Comptroller’s Office; and

WHEREAS, simultaneous with the establishment of the Ballerina Court Subdivision Sewer District, it shall be consolidated into the Victor Consolidated Sewer District as more fully described in the “Proposed Joint Consolidation Agreement for the Town of Victor Consolidated Sewer District and the Ballerina Court Subdivision Sewer District,” (the “Agreement”) adopted by the Victor Town Board on June 22, 2015; and

WHEREAS, a descriptive summary of the Agreement follows:

The current Town of Victor Consolidated Sewer District and the Ballerina Court Subdivision Sewer District (as proposed and described in the MPR referred to herein) will be consolidated so that the area and infrastructure of the Ballerina Court Subdivision Sewer District is added and consolidated into the Victor Consolidated Sewer District. The consolidation will eliminate the annual need for additional expenses in the administrative oversight of multiple sewer districts. The existing debt of the Victor Consolidated Sewer District will be spread across the newly consolidated Victor Consolidated Sewer District. This consolidation will not be effective unless and until the Ballerina Court Subdivision Sewer District is fully established in compliance with NY Town Law.

And, WHEREAS, after establishment and consolidation into the Victor Consolidated Sewer District, the capital cost to the typical residential property will be approximately Eighty Five dollars and Seventy One cents ($85.71), annually, and the capital cost to the typical commercial property will be approximately Four Hundred Thirty Two dollars and Fifty Seven cents ($432.57), annually, and the capital cost to those properties added into the Town of Victor Consolidated Sewer District by operation of this action (i.e., those properties within the area formerly referred to as the Ballerina Court Subdivision Sewer District) will be in accordance with the formula established by the Town Board as set forth in the Victor Town Code at Chapter 162, and this action will not significantly change the costs for residential or commercial properties; and

WHEREAS, maintenance and operation charges will be calculated as more specifically set forth in the Victor Town Code at Chapter 162; and

WHEREAS, a hook-up fee will be charged in accordance with Chapter 162 of the Victor Town Code; and

WHEREAS, the MPR describing the Ballerina Court Subdivision Sewer District, and the Agreement, are both on file in the office of the Town Clerk where they are available for public inspection; now, therefore be it

ORDERED and RESOLVED, that, pursuant to Article 12 of the Town Law, the Town Board of the Town of Victor, shall meet at the Town Hall, 85 East Main Street, Victor, New York, on the 10th day of August, 2015, at 7:30 p.m. for the purpose of conducting a public hearing on the proposal to create the Ballerina Court Subdivision Sewer District and on the environmental impact, if any, thereof, as well as the simultaneous consolidation of the Ballerina Court Subdivision Sewer District into the Town of Victor Consolidated Sewer District, at which time and place all persons interested in the subjects thereof may be heard; and be it further

ORDERED and RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to duly publish and post a copy of this Order in the official Town newspaper, on the bulletin board in the office of said Town Clerk, and on the Town website not less than ten (10) days before and not more than twenty (20) days before the public hearing date as is required by Town Law and complete or arrange for the securing of Affidavits of Publication of Notice and Affidavits of Posting Notice of Public Hearing.

Dated: July 28, 2015
Debra J. Denz, Town Clerk

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