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HomeMy WebLinkAbout2013-06392 ��,tins � IIII II I I III IIII I II II I II II II I II I II II l� 1 X Tompkins County Clerk Recording Page Return To Aurora R. Valenti, County Clerk TOWN OF ITHACA Tompkins County Clerk 320 North Tioga Street Ithaca, NY 14850 (607) 274-5431 Document Type: TOWN PAPERS Receipt Number: 13-27440 Party 1 Party 2 ITHACA TOWN Fees Instrument #: 2013-06392 Total Fees Paid: $0.00 State of New York County of Tompkins Filed on May 17th, 2013 at 8:16:25 AM with a total page count of 6. " e V&"t' 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 AC Do Not Detach 2013-06392 05/17/2013 08:16:25 AM 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. I am the duly elected and acting Town Clerk of the Town of Ithaca, New York (the "Town"). 2. On the8th day of April, 2013, the Town Board of the Town duly adopted a resolution adopting TB Resolution No. 2013-055 Public Interest Order establishing and authorizing the Town of Ithaca Coddington Road Water Main Improvement. 3. Said resolution is subject to a permissive referendum. 4. Within 10 days after the adoption of the resolution aforesaid, I did, in the same manner as provided for a notice of special election, post and publish a notice setting forth the date of the adoption of the aforesaid resolution together with an abstract of such resolution, concisely stating the purpose and effect thereof and that said resolution was adopted subject to a permissive referendum. (April 11, 2013) 5. More than 30 days have elapsed since the adoption of said resolution and the posting and publication of the aforesaid notice and no petition protesting against such resolution 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 Terwilliger Town Clerk Sworn to before me this 16th day of May, 2013. Notary Pu Debra DeAugistine Notary Public-State of New York No.01 DE6148035 Qualified in Tompkins County My Commission Expires June 19,26 % 2013-06392 05/17/2013 08:16:25 AM MEETING OF THE ITHACA TOWN BOARD Monday,April 8,2013 TB Resolution No. 2013-054: SEOR—Coddington Road Water Main Water Improvement Proiect WHEREAS this action is the replacement of sections and relocation of the existing route to increase efficiency known as the Coddington Road Water Main Water Improvement Project and WHEREAS this is an unlisted action for which the Town of Ithaca Town Board is acting in an uncoordinated environmental review with respect to the project and WHEREAS the Town Board, at a public hearing held on April 8, 2013 reviewed and accepted as adequate the Environmental Assessment Form (EAF), Parts I and II for this action submitted by the Town Engineer, along with other application materials; Now therefore be it RESOLVED: that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance, in this uncoordinated environmental review, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed based on the information in the EAF Part I and for the reasons set forth in the EAF Part II. Moved: Rod Howe Seconded: Tee Ann Hunter Vote: Ayes—Howe,Hunter, Levine, Leary, DePaolo, Engman and Goodman STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, Paulette Terwilliger, Town Clerk of the Town of Ithac do hereby certify that the above resolution is an exact copy of the same adopted by Ithaca Town Board of Ithaca at a meeting on the 8`h day of April, 2013. SEAL Paulette Terwilliger, Town Clerk 2013-06392 05/17/2013 08:16:25 AM MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga Street,Ithaca, NY, Tompkins County April 8, 2013 at 5:30 p.m. prevailing time TB Resolution No.2013 - 055 :Adoption of a Public Interest Order for the Town of Ithaca Coddington Road Water Main Water Improvement In the Matter of the 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 Coddington Road Water Main Water Improvement Present: Herb Engman, Supervisor; Board Members Bill Goodman, Pat Leary, Eric Levine, Tee Ann Hunter, Rich DePaolo and Rod Howe Motion made by Bill Goodman, seconded by Rod Howe 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 Coddington 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 March 11, 2013, 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 81h day of April, 2013 at 5:30 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 1 2013-06392 05/17/2013 08:16:25 AM 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 April 8, 2013, 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; 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 Coddington 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 Coddington 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 14,100 L.F. of new 8" water main on Coddington Road from Hudson Street, City/Town Line, to Burns Road. This will result in the replacement of the existing water main and related ancillary facilities. The project will be divided into two phases; Phase 1 will replace 9,640 L.F. from the Northview Water Tank to Burns Road and Phase 2 will replace 4,460 L.F. from Hudson St. to the Northview Water Tank. This work will be constructed in 2014 and 2015 prior to the County's reconstruction of Coddington Road, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Coddington 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 $2,300,000, 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 2 2013-06392 05/17/2013 08:16:25 AM 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, It is hereby determined that the estimated expense of the aforesaid Improvement exceeds 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 required for such Improvement. The Town Clerk be and hereby is authorized and directed to file a certified copy of this Order in the office of the State Department of Audit and Control, at Albany, New York, together with an application in the form prescribed by said State Comptroller for the approval of the State Comptroller to the providing of the aforesaid Improvement, within 10 days after the adoption of this Order. The Town Supervisor be and hereby is authorized and directed to execute said application on behalf of the Town, and be it 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 receipt of notification of the approval of the State Comptroller, 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: Engman, aye; Goodman, aye; Hunter, aye; Howe, aye; Levine, aye; Leary, aye; DePaolo, aye. The Order was thereupon declared duly adopted. STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA: I, 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 Ithaca Town Board of Ithaca at a meeting on the 8`h day of April, 2013. SEAL Paulette Terwi lager, Town ZCIer "::� 3