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HomeMy WebLinkAbout2013-02222 �Qt,%NS CoG� I III IIIIIII I IIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIIIIIIIIIIIIIII Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk ITHACA TOWN OF Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: TOWN PAPERS Receipt Number: 13-17903 Party 1 Party 2 PUBLIC INTEREST ORDER ITHACA TOWN OF Fees Total Fees Paid: $0.00 Instrument #: 2013-02222 State of New York County of Tompkins Filed on February 15th, 2013 at 1:25:51 PM with a total page count of 5. e Tompkins County Clerk This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York MR Do Not Detach 2013-02222 02/15/2013 01:25:51 PM AFFIDAVIT THAT NO PETITION REQUESTING A REFERENDUM WAS RECEIVED STATE OF NEW YORK ) COUNTY OF TOMPKINS )ss.: Paulette Terwilliger,being duly sworn,deposes and says: 1. 1 am the duly appointed and acting Town Clerk of the Town of Ithaca,New York(the "Town"). 2. On the 10`h day of December 2012 the Town Board of the Town duly adopted TB Resolution No.2012-215 approving a Public Interest Order establishing and authorizing the Town of Ithaca Danby/W King Road Water Main Water Improvement 3. Said resolution was subject to permissive referendum. 4. Within 10 days after the adoption of the resolutions aforesaid, I did,in the same manner as provided for a notice of special election,post and publish notices setting forth the date of the adoption of the aforesaid resolutions together with an abstract of such resolutions,concisely stating the purpose and effect thereof and that said resolutions were adopted subject to a permissive referendum. 5. More than 30 days have elapsed since the adoption of said resolutions and the posting and publication of the aforesaid notices and no petition protesting against such resolutions and requesting that it be submitted to the qualified electors of the Town for their approval or disapproval has been filed with the deponent as Town Clerk. Paulette Terwi Tiger Town Clerk Sworn to before me this day of 1 Notary Public DEBORAH KELLEY Notary Public.Sta!a of New York No. 01 KEF' '-,Q73 Qualified in 5'c'r :y.ar County commission Expuos May 17,20 2013-02222 02/15/2013 01:25:51 PM MEETING OF THE ITHACA TOWN BOARD 215 N.Tioga Street,Ithaca,NY,Tompkins County December 10,2012 at 5:30 p.m prevailing time TB Resolution No.2012-215:PUBLIC INTEREST ORDER In the Matter of A Proposed Water Improvement in the Town of Ithaca,Tompkins County,New York,pursuant to Article 12-C of the Town Law,to be known as the Town of Ithaca Danby/W.King Road Water Main Water Improvement Present: Herb Engman,Bill Goodman,Rich DePaolo,Tee-Ann Hunter,Eric Levine and Pat Leary. Motion made by Bill Goodman,seconded by Rich DePaolo WHEREAS,a plan,report and map,including an estimate of cost,have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca,Tompkins County,New York,relating to the creation and construction,pursuant to Article 12-C of the Town Law,of water system improvements to be known and identified as the Town of Ithaca Danby/W.King Road Water Main Water Improvement,and hereinafter also referred to as the"Improvement," to provide such water Improvement including extensions,to the present Town water improvement,such water system Improvement to be constructed and owned by the Town of Ithaca,and WHEREAS,after said plan,report and map,including estimate of cost,were prepared by a competent engineer,duly licensed by the state of New York,and filed in the office of the Town Clerk,the said Town Board did,on November 19,2012,duly adopt an Order reciting the proposed Improvement,a description of the boundaries of the proposed benefited area,the maximum amount proposed to be expended for the Improvement,the proposed method of apportioning the costs of such Improvement,the proposed method of financing to be employed,the fact that a plan,map and report describing the same are on file in the Town Clerk's office for public inspection,and specifying that said Town Board shall meet at the Town Hall,215 North Tioga Street,in Ithaca,New York,in said Town,on the Id"day of December,2012 at 5:45 PM Prevailing Time,for the purposes of conducting a public hearing on such proposal to provide said Improvement,and to hear all persons interested in the subject thereof concerning the same,and WHEREAS,copies of said Order were duly published and posted according to law,and said Town Board did,at the time and place specified in said Order,duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof,who appeared at such time and place,concerning the same,and WHEREAS,the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place,and WHEREAS,at its regular meeting on December 10,2012,the Town Board determined approval,construction and implementation of the Improvement,which is an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act,will not result in any significant adverse environmental effects;and 1 2013-02222 02/15/2013 01:25:51 PM NOW,THEREFORE,BE IT RESOLVED,by the Town Board that it be and hereby is determined as follows: (1)The notice of hearing was published and posted as required by law and is otherwise sufficient. (2)That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3)That all of the property benefited is included within the proposed benefited area. (4)That the proposed method of apportioning the costs of the Improvement should not be changed. (5)It is in the public interest to authorize,establish,and make the Town of Ithaca Danby/W.King Road Water Main Water Improvement as hereinafter described,and be it FURTHER RESOLVED,that the Town Board does hereby approve,authorize and establish the"town of Ithaca Danby/W. King Road Water Main Water Improvement in the area of the Town described as follows and as more particularly shown and described in said plan,report and map presently on file in the office of the Town Clerk: The proposed project will install 2,602 ft of new 8"water main on the west side of Danby Road and 1,809 ft.on W.King Road,between Danby Road and Stone Quarry Road.This will result in the replacement of 4,411 ft.of existing main,together with related ancillary facilities,and be it FURTHER RESOLVED,that the area hereby determined to be benefited by said Town of Ithaca Danby/W.King Road Water Main Water Improvement is all of that portion of the Town outside of the Village of Cayuga Heights,and be it FURTHER RESOLVED,that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca water improvement benefited area,being the entire area of the Town outside of the Village of Cayuga Heights,and be it FURTHER RESOLVED,that the maximum proposed to be expended by the Town of Ithaca for the Improvement,including costs of rights of way,construction costs, legal fees and other expenses,is$850,000,which shall be financed as follows: temporary financing under a bond anticipation note,and upon maturity of the bond anticipation note,the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed 20 years,such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca water system benefited area which are deemed benefited by said Improvement,so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same,and be it FURTHER RESOLVED,that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q,and be it FURTHER RESOLVED,that the estimated expense of the aforesaid Improvement does not exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and,therefore,in accordance with the provisions of subdivision 13(a)of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement,and be it be it 2 2013-02222 02/15/2013 01:25:51 PM FURTHER RESOLVED,that pursuant to subdivision 6(d)of Section 209-q of the Town Law,the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91,which when so recorded,shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Herb Engman, aye; Goodman, aye; Rich DePaolo, aye; Tee-Ann Hunter,aye;Eric Levine,aye;and Pat Leary,aye. The Order was thereupon declared duly adopted. 3