PROPOSED JOINT CONSOLIDATION AGREEMENT FOR THE TOWN OF VICTOR CONSOLIDATED SEWER DISTRICT AND THE HORSEPOWER MOTORWORKS SEWER DISTRICT
The Victor Town Board, acting jointly as the governing body of the Town of Victor Consolidated Sewer District and the proposed Horsepower Motorworks Sewer District (the details thereof which are available at the Town Clerk’s Office in the Map, Plan and Report, dated December 6, 2019, prepared by Marathon Engineering, referred to herein as the “MPR”), sets forth the following terms which constitute the proposed Joint Consolidation Agreement between the Victor Consolidated Sewer District and the Horsepower Motorworks Sewer District, as required by Town Law Article 17-A.
Name of Each Entity to Be Consolidated
The Town of Victor Consolidated Sewer District and the proposed Horsepower Motorworks Sewer District (as proposed and described in the MPR referred to herein) will be consolidated.
Name of the Proposed Consolidated Entity
The proposed Horsepower Motorworks Sewer District will be added and consolidated into the Town of Victor Consolidated Sewer District, therefore, the name of the proposed consolidated entity will be the Town of Victor Consolidated Sewer District (the post-consolidation Victor Consolidated Sewer District is referred to herein as the “Proposed Consolidated Entity”).
Rights, Duties and Obligations of the Proposed Consolidated Entity
The rights, duties and obligations of the proposed Consolidated Entity will be the same as those for the current Town of Victor Consolidated Sewer District (as more specifically set forth in NY Town Law and the Victor Town Code), except that those rights, duties and obligations will now also apply to a larger area which is to include the area of the Horsepower Motorworks Sewer District.
Boundaries of the Proposed Consolidated Entity
The boundaries of the Proposed Consolidated Entity shall be the same as the current boundaries of the Town of Victor Consolidated Sewer District (at time of the final adoption of this consolidation, which boundaries are available at the Victor Town Clerk’s Office), except as expanded by the addition of the Horsepower Motorworks Sewer District. The boundaries of the Horsepower Motorworks Sewer District comprises approximately 11.9+/- acres of lands located on the east and south side of Brace Road, more specifically depicted on a map a part of the MPR, the metes and bounds description of which is set forth in the MPR referred to herein and available for public inspection at the Victor Town Clerk’s Office.
Type of the Proposed Consolidated Entity
The Proposed Consolidated Entity will be a Town Sewer District.
Fiscal Estimate of the Cost and Savings Which May be Realized
The consolidation of the two entities will eliminate the annual need for additional expenses in the administrative oversight of multiple sewer districts. The will be no additional cost to the Town as a result of the consolidation.
Each Entity’s Assets
The Victor Consolidated Sewer District’s assets are comprised of the following:
Infrastructure – All infrastructure, including approximately 261,720 linear feet of piping (including trunk and lateral lines), approximately 1,239 manholes and approximately 27 pump stations.
The total value of these assets is approximately $54,599,700.00.
The Horsepower Motorworks Sewer District’s assets are comprised of the following:
A private connection to an existing manhole.
Each Entity’s Liabilities
The Victor Consolidated Sewer District’s debt totals approximately $5,050,000.00 and additional borrowing is pending. The Horsepower Motorworks Sewer District will have no debt prior to the consolidation.
Terms for the Disposition of Existing Assets, Debt and Liabilities
All assets of the Victor Consolidated Sewer District and the Horsepower Motorworks Sewer District will become assets of the Proposed Consolidated Entity. All existing debt of the Victor Consolidated Sewer District will become the debt of the Proposed Consolidated Entity.
Administration of Laws
The Town Code regarding Sewer Districts and the New York State Law regarding Sewer Districts will be applied against the Proposed Consolidated Entity as a single Town of Victor Sewer District (which will be comprised wholly of the former Victor Consolidated Sewer District and the former Horsepower Motorworks Sewer District).
Effective Date
This consolidation shall be effective immediately upon both the completion of the procedures for establishing the Horsepower Motorworks Sewer District and completion of the procedures for effecting this consolidation, including all time necessary to complete Comptroller approval and referenda, where required.
This Agreement shall not become effective if the Horsepower Motorworks Sewer District is not fully established as according to NY Town Law. In the event the Horsepower Motorworks Sewer District is not fully and duly established, this agreement shall become null and void and the proceedings associated herewith shall be ceased.
Time and Place for Public Hearing
Pursuant to Article 17-A of the Town Law, the Victor Town Board, shall meet at the Town Hall, 85 East Main Street, Victor, New York, on March 9, 2020, at 7:00 p.m. for the purpose of conducting a public hearing on the proposal to consolidate the Horsepower Motorworks Sewer District with the Victor Consolidated Sewer District, at which time and place all persons interested in the subject thereof may be heard concerning the same.
Dated: January 7, 2020
Karen C. Bodine, Town Clerk