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Tompkins County Clerk Recording Page
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TOWN OF ITHACA Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: MISC Receipt Number: 14-61605
Party 1 Party 2
TOWN OF ITHACA
Fees
Recording Fee $0.00 Instrument #: 2014-05352
Pages Fee $0.00
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Filed on May 15th, 2014 at 12:39:37 PM with a total
page count of 10.
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
Do Not Detach
2014-05352 05/15/2014 12:39:37 PM
TOWN OF ITHACA
LEGAL NOTICE OF ESTOPPEL
The bond resolution,a summary of which is published herewith, has been adopted on April 7,
2014, and the validity of the obligations authorized by such resolution may be hereafter
contested only if such obligations were authorized for an object or purpose for which the
Town of Ithaca, Tompkins County, New York, is not authorized to expend money, or if the
provisions of law which should have been complied with as of the date of publication of this
notice were not substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty days after the date of publication of this notice, or such
obligations were authorized in violation of the provisions of the Constitution. Such resolution
was subject to permissive referendum. The period of time has elapsed for the submission and
filing of a petition for a permissive referendum,and a valid petition has not been submitted and
filed in connection with such resolution.
A complete copy of the resolution summarized herewith is available for public inspection
during regular business hours at the Office of the Town Clerk for a period of twenty days
from the date of publication of this Notice.
Dated: Ithaca, New York,
May 15, 2014
Paulette Terwilliger
Town Clerk
BOND RESOLUTION DATED April 7, 2014
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE
REFERENDUM, THE CHRISTOPHER CIRLCE TANKWATER
IMPROVEMENT IN AND FOR THE TOWN OF ITHACA,TOMPKINS
COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF
$850,000.00,AND AUTHORIZING THE ISSUANCE OF $850,000.00
BONDS OF SAID TOWN TO PAY THE COST THEREOF.
Specific object or purpose: Replace Water Tank at Christopher Circle
Period of probable usefulness: 40, subject to permissive referendum
Amount of obligations to be issued: $850,000.00 bonds.
SEQRA status: Type 11 Action
2014-05352 05/15/2014 12:39:37 PM
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca,
Tompkins County, New York that the following notice has been duly posted on the sign board of
the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper, Ithaca Journal:
O �DVERTISEMENT
@'NOTICE OF PUBLIC HEARINGS
O NOTICE OF ESTOPPEL
O NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER
Town of Ithaca Christopher Circle Water Tank Water Improvement
And Establishing the Town of Ithaca Christopher Circle Water
Tank Water Improvement Area
_nKee n
at n
26 or Town of Ithaca b
Location of Sign Board Used for Posting: govt Public Hearing Notice $
A public hearing will be held +2.
of the p
Town Clerk's Office 1. to Ithaca Tolwn ing 8 ar acrd on April 3,
s to 7. 2014 at 215 N. Tinge 4,
215 North Tioga Street Fin-St.,Ithaca;NY beginning atRe- _
Ithaca NY 14850 hen Tow f It regarding the
, !hen Town of Ithaca Christopher
I at Circle Water Tank Water
Improvement, and estab-
Date of Posting: 3/28/2014 Web and Board _lishing the Town of Ithaca N
Christopher Tank Water Im-
Date of Publication: 3/27/2014 provement Areaeto
permissive reefefe rennddumum at C
such time and place all per-T
fld sone Interested in the pro- h
posed project may be L
re- heard concerning the same. t
P. Information available from l
'ge the Town Clerks Office.
at Paulette Terwilliger f
3 i Town Clerk
Paulette Terwilliger a 3.27.2014
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this c� -- day of
2013.
ota Public
Debra DeAugistine
Notary Public•State of New York
No.01DE6148035
Qualified in Tompkins county
My Commission Expires June 19,20
2014-05352 05/15/2014 12:39:37 PM
MEETING OF THE ITHACA TOWN BOARD
215 N. Tioga Street, Ithaca, NY, Tompkins County
April 7, 2014 at 5:30 p.m. prevailing time
TB Resolution No. 2014 - 049: 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
Christopher Circle Water Tank Water Improvement, and establishing the
Christopher Circle Water Tank Water Improvement Area
Present: Bill Goodman, Deputy Town Supervisor; Board Members Pat Leary, Eric
Levine, Tee Ann Hunter, Rich DePaolo and Rod Howe Absent: Herb Engman,
Supervisor Motion made by Rich DePaolo, 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
establishment 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 Christopher
Circle Water Tank 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; to serve a benefitted area in said Town to be known as the Town
of Ithaca Christopher Circle Water Tank Water Improvement Area, and hereinafter also
referred to as the "Water Improvement Area"; 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 24, 2014, 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 7`h day of April, 2014 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
Page 1 of 3
2014-05352 05/15/2014 12:39:37 PM
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 7, 2014, , the Town Board has
determined approval, construction and implementation of the Improvement are 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, because the Action constitutes "replacement, rehabilitation or reconstruction
of a structure or facility, in kind, on the same site," and thus approval, construction and
implementation of the Improvement are not subject to review under SEQRA;
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
Christopher Circle Water Tank Water Improvement as hereinafter described, and be it
FURTHER RESOLVED, that the Town Board does hereby approve, authorize
and establish the Town of Ithaca Christopher Circle Water Tank 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
Improvement proposed in connection with the establishment of the Water Improvement
Area consists of replacing an existing 500,000 gallon steel water tank with a 500,000
gallon steel glass-lined water tank on the same site located on Christopher Lane, pump
improvements and other related ancillary facilities, at an initially determined maximum
estimated cost to said Water Improvement Area of$850,000, and be it
FURTHER RESOLVED, that the area hereby determined to be benefited by said
Town of Ithaca Christopher Circle Water Tank 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 Christopher Circle Water Tank
Water Improvement 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: at the
Page 2 of 3
2014-05352 05/15/2014 12:39:37 PM
option of the Town, by temporary financing under use of available reserves or 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
40 years, such bonds to be paid from assessments levied upon and collected from the
several lots and parcels of land in said Water Improvement 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 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
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: DePaolo, aye; Howe, aye; Hunter, aye; Goodman, aye;
Leary, aye and Levine, 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 eby certify that the above
resolution is an exact copy of the same adopted by the Ithaca Town Boa Ith ca t a meeting on the 7`h
day of April,2014.
SEAL Paulette Terwilliger,Town Clerk
Page 3 of 3
2014-05352 05/15/2014 12:39:37 PM
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca,
Tompkins County, New York that the following notice has been duly posted on the sign board of
the Town Clerk of the Town of Ithaca and the notice has been duly published in the official
newspaper, Ithaca Journal:
0 ADVERTISEMENT
O NOTICE OF PUBLIC HEARINGS
O NOTICE OF ESTOPPEL
IMNOTICE OF ADOPTION OF PUBLIC INTEREST ORDER
Christopher Circle Water Tank Water Impromement
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: 4/10/2014
Date of Publication: 4/11/2014
Paulette Terwilliger
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this / -- day of
2014.
ry Public
Debra DeAugistine
Notary Public-State of New York
No.01DE6148035
Oualified in Tompkins county l
My Commission Expires June 19,26
2014-05352 05/15/2014 12:39:37 PM
ig
d- Town of Ithaca
rid Notice of Adoption :al Water Tank Water Improve-otherwise auf8clant. which when so recorded,
:al TB Resolution No. 2014. of-.ment,and establishing the(2)That all of the property shah be presumptive evl-
rid 049:PUBLIC INTEREST he Christopher Circle;Water within the'proposed bene-dente of the regularity of 1
he ORDER In the Matter of a a-TaAk Water Improvement fited area is benefited by the proceedings and action t
aid Proposed Water Improve. y-Area the proposed Improvement. taken by the Town Board in
as ment in the Town of Ithaca, 3s Present: Bill Goodman, (3)That all of the property relation to the aforesaid Im- f
he Tompkins County, New n-Deputy Town Supervisor; benefited is included within provement. i
he York, pursuant to Article m Board Members Pat Leary, theproposed benefited The question of the adop-
he 12-C of the Town Law,to )e Eric Levine,Tee Ann Hunt. area. tion of the foregoing Order c
:e, be known as the Town of ty er, Rich DePaolo and Rod (4) That the proposed was duly put to a vote on c
Sal Ithaca Christopher Circle is Howe Absent: Herb method of apportioning the roil call,which resulted as p
is Engman, Supervisor Mo-costs of the Improvement follows: DePaolo, aye:v
le tion made by Rich DePaolo, should not be changed. Howe, aye; Hunter; aye;
a-Seconded by Rod Howe (5)It is in the public inter. Goodman,aye: Leary,aye'F
g-WHEREAS, a plan, report est to authorize, establish, and Levine.aye F
3-and map,including an esti-and make the Town of Itha-The Order was thereupon fi
3r mate of cost, have been ca Christopher Circle Wa- declared duly adoptlld. E
r- duly prepared in such man- ter Tank Water Improve-4/11/2014
t-ner and in such detail as ment as hereinafter descri- - n
31 has heretofore been deter-bed,and be it
,, mined by the Town Board FURTHER RESOLVED,
if of the Town of Ithaca, that the Town Board does
31 Tompkins County. New hereby approve, authorize I
In York,relating to the estab.and establish the Town of I
t- lishment and construction, Ithaca Christopher Circle I
h pursuant to Article 12-C of Water Tank Water Improve-
r- the Town Law, of water ment in the area of the
I- system improvements to Town described as follows
n be known and identified as and as more particularly
)1 the Town of Ithaca Christo-shown and described in
r-pher Circle Water Tank said plan, report and map I
J Water Improvement, and presently on file in the of- i
I-hereinafter also referred to fice of the Town Clerk: The `
y as the 'Improvement,' to Improvement proposed in
31 provide such water Im-connection with the estab- E
r-provement including extern-lishment of the Water Im.F
11 sions,to the present Town provement Area consists of t
water improvement, such replacing an existing
r-water system Improvement 500,000 gallon steel water
)f to be constructed and tank with a 500,000 gallon f
owned by the Town of Itha- steel glass-lined water tank c
e ca; to serve a benefitted on the same site located on c
e area in said Town to be Christopher Lane, pump I
1. known as the Town of Itha-improvements and other re- r
t- ca Christopher Circle Wa- lated ancillary facilities. at r
rid ter Tank Water Improve.an initially determined maxi-
0 ment Area,and hereinafter mum estimated cost to said
v, also referred to as the Water Improvement Area f
'Water Improvement Area'; of$850,000,and be it f
is and FURTHER RESOLVED, c
ly WHEREAS,after said plan, that the area hereby deter- t
Is report and map, including mined to be benefited by'
)y estimate of cost,were pre- said Town of Ithaca Chris- r
u- pared by a competent engi-topher Circle Water Tank '
Df neer, duly licensed by the Water Improvement is all of f
m state of New York, and that portion of the Town r
d. filed in the office of the outside of.the Village of f
ie Town Clerk,the said Town Cayuga Heights,and be it I
n- Board did, on March 24, FURTHER RESOLVED, '
in 2014,duly adopt an Order that all of the allocable
)e reciting the proposed Im-costs of said Improvement I
)d provement,a description of shall be bome wholly by t
u- the boundaries of the pro- property within the Town of;
)n posed benefited area, the Ithaca Christopher Circle I
a-maximum amount proposed Water Tank Water Improve- I
ry to be expended for the Im- ment Area,being the entire '
s- provement, the proposed area of the Town outside of I
h method of apportioning the the Village of Cayuga
Is costs of such Improve- Heights,and be it
d- ment, the proposed meth-FURTHER RESOLVED, I
s.od of financing to be em- that the maximum pro-
d ployed,the fact that a plan, posed to be expended by
a-map and report describing the Town of Ithaca for the
lal the same are on file in the Improvement, including
ig Town Clerk's office for pub-costs of rights of way,con-I
an lic inspection, and specify- struction costs. legal fees
n- ing that said Town Board and other expenses, is
w- shall meet at the Town Hall, $850,000,which shall be fi.
on 215 North Tioga Street,in nanced as follows: at the
ne Ithaca, New York, in said option of the Town,by tem-
a-Town, on the 7th day of porary financing under use
-e-April,2014 at 5:30 PM Pre- of available reserves or a l
ed vailing Time,for the purpos- bond anticipation note,and
)n-es'of conducting a public upon maturity of the bond
ct- hearing on such proposal to anticipation note, the issu. '
at- provide said Improvement, ante of serial bonds of said
or and to hear all persons in- Town of Ithaca to mature in
re- terested in the subject annual installments over a
.nt thereof concerning the period not to exceed 40
or same,and years, such bonds to be
in. WHEREAS,copies of said paid from assessments lev.
city Order were duly published ied upon and collected from
an-and posted according to the several lots and parcels
be law, and said Town Board of land in said Water lm- '- _
did, at the time and place provement Area which are . .5
au- specified in said Order,du-deerped benefited by said t
or ly meet and consider such Improvement, so much f
;aid proposal and held a public upon and from each as
I to hearing in which it heard all shall be in just proportion`
persons interested in the to the amount of the bene
law subject thereof, who ap- fit which the Improvement
lied peared at such time and shall confer upon the same,
ica- place, concerning the and be it
are same,and FURTHER RESOLVED.
lied WHEREAS, the Town that this Order is subject to r
I or Board now desires to au-a permissive referendum in
uch thorize the Improvement the manner provided in
3ith- based on the evidence of.Town Law Article 7 and
the fered at such time and Town Law Section 209-q. `
or place,and . and be it r
au-WHEREAS, at its regular FURTHER RESOLVED,it is`
the meeting on April 7,2014,, hereby determined that the 7
'ork the Town Board has deter- estimated expense of the
mined approval, construc-aforesaid Improvement `
olu- tion and implementation of does not exceed one-tenth
im- the Improvement are a of one per cent of the full
lish- Type II Action pursuant to valuation of the taxable real
our- the regulations of the New property in the area of said
)per York State Department of Town outside of villages
Cher Environmental Conserva-and, therefore, in accord- `
k of tion promulgated pursuant ante with the provisions of I`
in to the State Environmental subdivision 13(a) of Sec-
pro-Quality Review Act, be. tion 209-q of the Town
of cause the Action consti- Law,the permission of the_
tutes'replacement,rehabil-State Comptroller is not re f
20 itation or reconstruction of quired for such Improve.
a structure or facility, in ment,and be it
kind,on the same site,'and FURTHER RESOLVED,
thus approval,construction that pursuant to subdivision
and implementation of the 6(d)of Section 209-q of the T
Improvement are not sub-Town Law,the Town Clerk c
ject to review under is hereby directed and or- r
SEQRA; dered to cause a certified a
NOW,THEREFORE, BE IT copy of this Order to be du- c
RESOLVED, by the Town ly recorded in the Office of I,
Board that it be and hereby the Clerk of the County of 1
is determined as follows: Tompkins within ten days i
2014-05352 05/15/2014 12:39:37 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. I am the duly elected and acting Town Clerk of the Town of Ithaca, New York (the
"Town").
2. On the 7`h day of April, 2014, the Town Board of the Town duly adopted a resolution,
TB Resolution No. 2014-049, adopting a Public Interest Order authorizing the Town of
Ithaca Christopher Circle Water Tank Water Improvement and establishing the
Christopher Circle Water Tank Water Improvement Area.
3. Said resolution was 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. (published April 11, 2014)
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
7`h day of May 2014.
4Ntary Publi
Debra DeAugisttne
Notary Public-State of New York
No.01DE6148035
Oualified in Tompkins County
My Commission Expires June 19,20
2014-05352 05/15/2014 12:39:37 PM
RECORDING CERTIFICATE
STATE OF NEW YORK
SS:
COUNTY OF TOMPKINS
I the undersigned Town Clerk of the Town of Ithaca,Tompkins County New York
Do hereby certify
That on the 15`h day of May I caused a certified copy of TB Resolution No. 2014-049, a Public
Interest Order dated April 7, 2014 a true and exact copy attached hereto,to be duly recorded in the
office of the Clerk of Tompkins County New York as provided by Town Law.
In Witness whereof I have hereunto set my hand and affixed the seal of the Town on this 15`h day of
May, 2013.
Paulette Terwilliger,Town Clerk
Town Seal