LEGAL NOTICE:(A) Consolidation Agreement and Plan for Consolidation of Various Water Districts Within the Townof Batavia(B) Calling for a Public Hearing to be held on September 30, 2026, in Connection with suchProposed Consolidation.
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Batavia, a municipality of the State of
New York (the “Town”) on August 19, 2026, duly authorized a resolution endorsing a proposed
Consolidation Agreement and Plan for the consolidation of certain water districts of the Town, a
descriptive summary of which follows.
Descriptive Summary of Consolidation Agreement and Plan
The Town proposes to consolidate the following water districts currently existing in the Town:
South Main Street Road Improvement Area, Bennett Heights Water Improvement Area, Hartshorn,
Hopkins, and Pearl Street Road Water District, Lover’s Lane Water District, Ellicott Street Road
Water District, Alexander & Pike Road Water District, Rose Road Water District, Putnam & Shepard
Road Water District, Pearl Street Road Water District, Wilkinson Road Water District, Wortendyke &
Pike Road Water District, Pratt Road Water District, Creek & East Road Water District, Batavia
North Water District, Oakwood Hills Water District, Batavia Southwest Water District, Batavia
Bethany Townline Water District, and Batavia Northwest Water District (each an “Existing Water
District” and collectively, the “Existing Water Districts”). The name of the proposed consolidated
water district would be the Batavia Townwide Water District (herein referred to as the “BTWD”).
The rights, duties and obligations of the Existing Water Districts would become the rights, duties
and obligations of the BTWD, including (but not limited to) undertaking capital projects, provision
of water and operation and maintenance tasks in connection with the same. The territorial
boundaries of the proposed BTWD can be generally described as the exterior boundaries of the
Existing Water Districts with (and to the extent applicable) the interior boundaries removed. The
proposed BTWD will be a water improvement district and will be operated and administered by the
Town Board of the Town in the same fashion as improvement districts created under Articles 12
and/or 12-A of the Town Law. The Town Board currently functions as the governing body of each of
the Existing Water Districts, and it will continue to function as the governing body of the BTWD.
The employees of the Town who currently do work on behalf of the Existing Water Districts will
continue to do such work once the BTWD is in place. As such, there will be no need for a special
election and/or additional appointment of officials once the consolidation is complete
.
The consolidation of the Existing Water Districts will also allow for administrative efficiencies,
resulting in an estimated administrative cost savings of approximately $1,160,466.
All assets currently owned by each of the Existing Water Districts will become the assets of the
BTWD. The debt (if any) associated with each of the Existing Water Districts, as detailed further
in the Consolidation Agreement and Plan, shall be consolidated and continued to be honored by the
BTWD. On December 31, 2027, any remaining fund balance/surplus (or deficits) for each component
Existing Water District will be transferred to the BTWD as of December 31, 2027, and thereafter
such funds may be used by the BTWD in any manner as permitted by law. Future
improvements undertaken after December 31, 2027, within the BTWD will be financed in accordance
with the New York Local Finance Law and/or the Town Law. Unless paid from other sources or charges,
the costs of any capital improvement project undertaken after December 31, 2027 will be paid by the
assessment, levy and collection of special assessments from the several lots and parcels of land
within the BTWD, which the Town Board shall determine and specify to be especially benefited
thereby, so much upon and from each as shall be in just proportion to the amount of benefit
conferred upon the same, to pay the principal of and interest on any obligations as the same shall
become due and payable, except as provided by law.
After consolidation, any local laws, ordinances, resolutions, orders and the like pertaining to the
currently Existing Water Districts will continue to be administered and enforced with regard to the
proposed BTWD by the Town Board of the Town as part of its duties as the governing body of the
BTWD.
The proposed consolidation will take effect on December 31, 2027 (assuming adoption of the
Consolidation Agreement and Plan after a public hearing has taken place).
NOTICE IS HERBY FURTHER GIVEN, that the Consolidation Agreement and Plan, along with a descriptive
summary thereof, may be read at the office of the Town Clerk located in the Town Hall, Town of
Batavia, 3833 West Main Street Road, Batavia, New York 14020. The Consolidation Agreement and Plan
may also be accessed through the Town’s website: http://townofbatavia.com.
NOTICE IS HEREBY FURTHER GIVEN, that a public hearing on this Consolidation Agreement and Plan will
be held on September 30, 2026, at 7:00 P.M. (or shortly thereafter) at the Town Court, Town of
Batavia, 4120 West Main Street Road, Batavia, New York 14020.
CLICK HERE: PDF of the Legal Notice