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Tompkins County Clerk Recording Page
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ITHACA TOWN OF Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: TOWN PAPERS Receipt Number: 13-20641
Party 1 Party 2
ITHACA TOWN OF TB RESOLUTION 2013-023
Fees 7-71
Total Fees Paid: $0.00 Instrument #: 2013-03259
State of New York
County of Tompkins
Filed on March 14th, 2013 at 9:34:04 AM with a total
page count of 5.
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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
2013-03259 03/14/2013 09:34:04 AM
Meeting of the Ithaca Town Board
February 11,2013 at 5:30 p.m.
215 N.Tioga St,Ithaca,NY,Tompkins County
TB Resolution 2013—023: Adopt Public Interest Order for the Water Improvement to be
known as the Town of Ithaca Burdick Hill Road Replacement Tank Water Improvement
Moved:Tee-Ann Hunter Seconded: Eric Levine
Present: Herb Engman, Bill Goodman, Pat Leary, Eric Levine, Rod Howe, Rich
DePaolo,and Tee-Ann Hunter
WHEREAS, the Town Board of the Town of Ithaca, Tompkins County, New York, in
conjunction with the Village of Lansing and the Village of Cayuga Heights, and the Towns of
Lansing and Dryden, has determined and agreed to participate in the provision of a joint water
project for construction of a new replacement water tank at Burdick Hill Road and to contract
joint indebtedness therefore in accordance with Section 15.00 of the Local Finance Law pursuant
an Agreement of Municipal Cooperation for Construction,Financing and Operation of an Inter-
Municipal Water Supply and Transmission System(the"Intermunicipal Agreement');and
WHEREAS, a map, report and plan, including an estimate of cost, have been duly
prepared in such manner and in such detail as has heretofore been determined by the Ithaca
Town Board,relating to the construction of a new replacement water tank at Burdick Hill Road
to be known as the Town of Ithaca Burdick Hill Road Replacement Tank Water Improvement
("Water Improvement')to serve a benefited area in said Town whose boundaries consist of the
entire area of said Town excepting therefrom the area contained within the Village of Cayuga
Heights;and
WHEREAS, said map, plan and report, including estimate of cost, were prepared by a
competent engineer,duly licensed by the State of New York and have been filed in the office of
the Town Clerk of said Town, where the same are available during regular office hours for
examination by any person or persons interested in the subject matter thereof;and
WHEREAS, the capital improvements proposed in connection with the Water
Improvement consist of the construction of a new replacement water tank at Burdick Hill Road
at an initially determined maximum estimated cost to said benefited area of$792,300, it being
determined that (1) the additional $707,700 of the $1,500,000 aggregate maximum estimated
cost shall be initially apportioned and allocated to the Villages of Lansing and Cayuga Heights
and water districts in the Towns of Lansing and Dryden and that(2)joint indebtedness shall be
issued therefore and that(3)the ultimate share of the cost to be allocated to the Town of Ithaca
pursuant to the aforedescribed Intermunicipal Agreement shall be determined on the basis of
benefits received or conferred or to be received or conferred from the aforesaid improvement;
and
WHEREAS,said$1,500,000 maximum estimated cost shall be authorized to be financed
by the joint issuance by the Town of Ithaca, with the Towns of Dryden and Lansing and the
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Villages of Cayuga Heights and Lansing,of joint serial bonds with a maximum maturity not in
excess of the forty year period prescribed by the Local Finance Law;and
WHEREAS, said maximum estimated cost, as to the Town of Ithaca of$792,300 is not
greater than one-tenth of one per centum of the full valuation of taxable real property in the area
of the Town of Ithaca outside of any villages;and
WHEREAS, it is proposed that the cost of the aforesaid improvements apportioned and
allocated to the benefited area shall be bome by the real property in said benefited area by
assessing, levying upon and collecting from the several lots and parcels of land within said area,
outside of any village, which the Town Board shall determine and specify to be especially
benefited by the improvements, an amount sufficient to pay the benefited area's allocable share
of the principal and interest on joint serial bonds and joint bond anticipation notes issued in
anticipation of the issuance of joint serial bonds,as the same become due and payable;and
WHEREAS, the aforesaid improvements have been determined to be a Type II Action
pursuant to the regulations of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act, the implementation of
which as proposed, it has been determined in accordance with the criteria in 6 NYCRR Section
617.5(c)(2) will not result in any significant environmental effects and will not be subject to
further review;and
WHEREAS,the Town Board of the Town of Ithaca duly adopted an Order on January 7,
2013 calling a public hearing upon said plan, report and map including an estimate of cost and
the question of providing water supply improvements to be known as the Town of Ithaca
Burdick Hill Road Replacement Tank Water Improvement, such public hearing to be held on the
II'h day of February,2013, at 5:30 o'clock P.M.;Prevailing Time, at the Town Hall,215 North
Tioga Street, in Ithaca, New York, in said Town,at which time and place all persons interested
in the subject thereof could be heard concerning the same;and
WHEREAS,notice of said public hearing was duly posted and published as required by
law;and
WHEREAS, said public hearing was duly held at the place and at the time aforesaid and
all persons interested in the subject thereof were heard concerning the same;and
WHEREAS, it is now desired to authorize the improvement to be known as the Town of
Ithaca Burdick Hill Road Replacement Tank Water Improvement;NOW,THEREFORE,BE IT
RESOLVED,by the Town Board of the Town of Ithaca,Tompkins County,New York,
as follows:
Section 1. The notice of hearing was published and posted as required by law and is
otherwise sufficient.
Section 2. That all of the property within the proposed benefited area is benefited by
the proposed Water Improvement.
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Section 3. That all of the property benefited is included within the proposed
benefited area.
Section 4. That the proposed method of apportioning the costs of the Water
Improvement should not be changed.
Section 5. It is hereby determined that it is in the public interest to establish said
Water Improvement and to make the Water Improvement hereinafter described and such Water
Improvement is hereby authorized. The proposed area hereby determined to be benefitted by
said Water Improvement is all of that portion of the Town of Ithaca outside of the Village of
Cayuga Heights.
Section 6. The proposed improvement shall consist of the benefited area's allocable
share of the construction of a new replacement water tank at Burdick Hill Road at an initially
determined maximum estimated cost to said benefited area of$792,300,it being determined that
(1) the additional $707,700 of the $1,500,000 aggregate maximum estimated cost shall be
initially apportioned and allocated to the Villages of Lansing and Cayuga Heights and water
districts in the Towns of Lansing and Dryden and that (2)joint indebtedness shall be issued
therefor and that(3)the ultimate share of the cost to be allocated to the.Town of Ithaca pursuant
to the aforedescribed Intermunicipal Agreement shall be determined on the basis of benefits
received or conferred or to be received or conferred from the aforesaid improvement. The
method of financing of said cost shall be by the issuance of joint serial bonds of said Town of
Ithaca together with the Towns of Lansing and Dryden and the Villages of Lansing and Cayuga
Heights to mature in annual installments over a period not exceeding fifteen years, and by the
issuance of joint bond anticipation notes issued in anticipation of the issuance of joint serial
bonds.The Town of Ithaca's allocable share of such bonds and bond anticipation notes shall be
payable from assessments levied upon and collected from the several lots and parcels of land
deemed benefited from said improvement and located in said benefited area,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.
Section 7. It is hereby determined that the estimated expense of the aforesaid Water
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 of Section 209-q of the Town Law, the permission of the State
Comptroller is not required for such improvement.
Section 8. 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 resolution to be duly
recorded in the Office of the Clerk of the County of Tompkins within 10 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.
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Section 9. It is hereby further determined that all of the allocable cost of the aforesaid
improvement shall be bome wholly by property within the Town of Ithaca water improvement
benefited area,being the entire area of the Town outside of any village.
Section 10. This Order is adopted subject to permissive referendum in the manner
provided in Town Law Article 7 and Section 209-q.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows: Herb Engman, aye; Tee-Ann Hunter, aye; Bill Goodman, aye;
Eric Levine,aye;Pat Leary,aye;Rod Howe,aye;Rich DePaolo,aye.
The resolution was thereupon declared duly adopted.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
1, Paulette Terwilliger, Town Clerk of the Town of Ithaca, do hereby certify that the
above resolution is an exact copy of the same adopted by th ca Town Board of Ithaca at a
meeting on the 11`h day of February,2013.
SEAL Paulette Ter`w`itfiger,Town Clerk
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