HomeMy WebLinkAbout2015-03786 �"$'��". _..�.. IIIIIIIIIIII III II VIII VIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII III
Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
ITHACA TOWN OF Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: AFFIDAVIT - MISC Receipt Number: 15-88340
Party 1 Party 2
TERWILLIGER, PAULETTE
Fees
Recording Fee $0.00 Instrument #: 2015-03786
Pages Fee $0.00
State Surcharge $0.00
Property located in Town of Ithaca
Total Fees Paid: $0.00
State of New York
County of Tompkins
Recorded on April 13th, 2015 at 1:47:34 PM with a
total page count of 9.
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
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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 9t" day of March, 2015 the Town Board of the Town adopted
TB RESOLUTION 2015-030: A RESOLUTION AUTHORIZING, SUBJECT TO
PERMISSIVE REFERENDUM, THE 2015 ROAD IMPROVEMENT PROGRAM,
IN AND FOR THE TOWN OF ITHACA, TOMPKINS COUNTY NEW YORK
AT A MAXIMUM ESTIMATED COST OF $800,000, AND AUTHORIZING THE
ISSUANCE OF $800,000 BONDS OF SAID TOWN TO PAY THE COST
THEREOF3. 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 a wn Clerk.
Paulette Terwilliger
Town Clerk
Sworn to before pW this
/- lay of
ry Publ
Debra DeAugistine
Notary Public-State of New York
No.01 DE6148035
Qualified in Tompkins County
My Commission Expires June 19,20 /9
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MEETING OF THE ITHACA TOWN BOARD
MARCH 9, 2015
TB RESOLUTION NO. 2015-30: BOND RESOLUTION (Subject to Permissive
Referendum) In the Matter of the Proposed 2015 Road Improvement Program, in the
Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local
Finance Law.
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County,
New York, held at Town Hall, in Ithaca, New York, in said Town, on the 9th day of March, 2015, at
5:30 o'clock P.M., Prevailing Time.
The meeting was called to order by Herb Engman, and upon roll being called,there were
PRESENT: Supervisor Herb Engman; Councilmen Rich DePaolo, Bill Goodman, Rod
Howe, Tee-Ann Hunter, Patricia Leary, and Eric Levine. Moved by Bill Goodman;
seconded by Eric Levine
A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE
REFERENDUM, THE 2015 ROAD IMPROVEMENT PROGRAM, IN AND
FOR THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, AT
A MAXIMUM ESTIMATED COST OF $800,000, AND AUTHORIZING
THE ISSUANCE OF $800,000 BONDS OF SAID TOWN TO PAY THE
COST THEREOF.
WHEREAS, all conditions precedent to the financing of the capital project hereinafter
described, including compliance with the provisions of the State Environmental Quality Review
Act, have been performed; and
WHEREAS, the capital project hereinafter described has 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
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1
implementation of which as proposed, said regulation provides will not result in a significant
adverse environmental effect; and
WHEREAS, it is now desired to authorize the financing thereof;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca,
Tompkins County, New York, as follows:
Section 1. The reconstruction and improvement of roads in and for the Town of
Ithaca, Tompkins County, New York, including pavement replacement, base replacement,
grading, ditching, storm water drainage, landscaping and other right-of-way improvements and
other incidental improvements and expenses in connection therewith, is hereby authorized at a
maximum estimated cost of$800,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by
the issuance of not exceeding $800,000 bonds of said Town, hereby authorized to be issued
therefor pursuant to the provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph
a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will exceed five years.
Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as
the same respectively become due and payable. An annual appropriation shall be made in each
year sufficient to pay the principal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable real property in said Town, a tax
sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor
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of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the bonds herein
authorized including the date, denominations, maturities and interest payment dates, within the
limitations prescribed herein and the manner of execution of the same, including the
consolidation with other issues, and also the ability to issue bonds with substantially level or
declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of
such Town. Such bonds shall contain substantially the recital of validity clause provided for in
Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such
recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the
Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said Town is
not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes
of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
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Section 9. Upon this resolution taking effect, the same shall be published in full or
summary form in the official newspaper of said Town for such purpose, together with a notice of
the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE
REFERENDUM.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows: Supervisor Herb Engman; aye, Board Members: Rich DePaolo, aye;
Bill Goodman, aye; Rod Howe, aye; Tee-Ann Hunter, nay; Patricia Leary, aye and Eric Levine
aye. The resolution 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 her rtify that the above resolution is an
exact copy of the same adopted by the Ithaca Town Board of Ithaca at a eet' on the 9`h day of March, 2015.
SEAL Paulette Terwilliger,Town rk
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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:
N NOTICE OF ADOPTION
Bond Resolution 2015 Road Improvement Program
Subject to Permissive Referendum
Location of Sign Board Used for Posting:
Town Clerk's Office
215 North Tioga Street
Ithaca, NY 14850
Date of Posting: 3/12/2015
Date of Publication: 3/12/2015
Paule a Terwilliger
Town Clerk
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA)
Sworn to and subscribed before me this 12th day of
March, 2015.
Notary Public
Debra DeAugistine
Notary Public-State of New York
No.01DE6148035
Qualified in Tompkins County
My Commission Expires June 19,20
2015-03786
050 I1 p* 04/13/2015 01:47:34 PM
t 030 �jeg8ls_ _
pp pu with a notice of the T '-tin d
TOWN OF payable. An annual a r - Clerk n substantially t'�.-'..ir c.
NOTICE OF ADOPTION
N anon shall be made in e each provided In Section d'!::� 'e
NOTICE IS HEREBY GIVEN year sufficient to pay the pnn the Local Finance Law. h
that the Town Board of the cipal of and interest on such a
Town of Ithaca. Tompkins bonds becoming due and Settlor 10. THIS RESOLD tt
County, New York, at a payable in such year. There TION IS ADOPTED SUB- o
meeting held on the 9th day shall annually be levied on all JECT TO PERMISSIVE REF-c
)'of March.2015,duly adopted the taxable real property , ERENDUM. B
dTB Resolution No.2015-030, said Town,a tax suffiaent to EREN015 1
published herewith subject to pay the principal of and Inter- 6
a permissive referendum. est on such bonds as the rnaniri i i inmrcociry h
BOND RESOLUTION DAT-same become due and paya-
ED MARCH 9.2015. ble.
Section 5.Subject to the pro-
'E A RESOLUTION AUTHORIZ-visions of the Local Finance t
d ING,SUBJECT TO PERMIS-Law,the power to authorize
f SIVE REFERENDUM, THE the issuance of and to sell r
2015 ROAD IMPROVEMENT bond anticipation notes in an- `
PROGRAM. IN AND FOR ticipation of the issuance and '
THE TOWN OF ITHACA,sale of the bonds herein au- t
TOMPKINS COUNTY, NEW thorized, including renewals f
-YORK,AT A MAXIMUM ES-of such notes,is hereby dele-
TIMATED COST OF gated to the Supervisor of
l $800,000,AND AUTHORIZ-said Town,the chief fiscal of-
d ING THE ISSUANCE OF ficer. Such notes shall be of r
1. $800,000 BONDS OF SAID such terms, form and con-v
TOWN TO PAY THE COST tents, and shall be sold in f
THEREOF. such manner,as may be pre-d
scribed by said Supervisor, l
WHEREAS, all conditions consistent with the provisions It
precedent to the financing of of the Local Finance Law. T
the capital project hereinafter c
desbribed, including compli.Section 6.All other matters l
' ance with the provisions of except as provided herein re-a
the State Environmental lating to the bonds herein au-a
Quality Review Act, have thorized including the date, r
•been performed;and denominations, maturities v
1 and interest payment dates, e
WHEREAS, the capital proj.within the limitations preach-f
ect hereinafter described has bed herein and the manner of f
been determined to be a execution of the same, in. r
Type II Action pursuant to the eluding the consolidation with e
_regulations of the New York other issues, and also the t
State Department of Environ-ability to issue bonds with f
�•mental Conservation promul-substantially level or declining t
gated pursuant to the State annual debt service,shall be t
Environmental Quality Review determined by the Supervi-t
Act, the implementation of sor,the chief fiscal officer of r
_which as proposed,said reg-such Town. Such boAds shall I
ulation provides will not result contain substantially the reci-i
t in any significant adverse en-tal of validity clause provided f
A vironmental effects;and for in Section 52.00 of the I'
Local Finance Law,and shall E
WHEREAS,it is now desired otherwise be in such form c
to authorize the financing and contain such recitals,in It
thereof;NOW,THEREFORE, addition to those required by If
Section 51.00 of the Local R-
BE IT RESOLVED, by the nance taw,as the Supervisor
Town Board of the Town of shall determine consistent e
Ithaca, Tompkins County,with the provisions of the Lo-S
New York,as follows: cal Finance Law. b
t Section 1.The reconstruction
_and improvement of roads in Section 7. The validity, of P
and for the Town of Ithaca, such bonds and bond amici-It
1'Tompkins County,New York, pation notes may be contest-N
<including pavement replace-ad only if: at
ment, base replacement. 1)Such obligations are au-w
grading,ditching,storm water thorized for an object or pur-la
drainage, landscaping and pose for which said Town is vt
-other right-of-way improve-not authorized to expend fs
),ments and other incidental money.or U
11 improvements and expenses 2) The provisions of low M
in connection therewith, is which should be complied fa
hereby authorized at a maxi-with at the date of publication u
mum estimated cost of of this resolution are not sub-w
-$800,000, stantially complied with,and 41
•Section 2.The plan for the fi-an action,suit or proceeding 1
naming of the aforesaid max-contesting such validity is If
imum estimated cost is by commenced within twenty M
the issuance of not exceed-days after the date of such 01
ing$800,000 bonds of said publication,or
_Town, hereby authorized to 3) Such obligations are au-
be issued therefor pursuant thorized in violation of the
to the provisions of the Local provisions of the Constitu-
Finance Law. tion. 2
Section 3.It is hereby deter-
mined that the period of prob- Section 6. This resolution
able usefulness of the afore-shall constitute a statement
n-said class of objects or pur-of official intent for purposes I.
t, poses is fifteen years, pur-of Treasury Regulations Sec W
suant to subdivision 20(c)of tion 1.150 2. Other than ail Yi
paragraph a of Section 11.00 specified in this resolution,no 2.
of the Local Finance Law. It monies are,or are reasonably ti
_is hereby further determined expected to be,reserved,al-8
that the maximum maturity of located on a long-term basis,b !
�-the serial bonds herein au-or otherwise set aside with 9 - e.S
thorized will exceed five respect to the permanent 't' 7)
years. funding of the object or pur-L
Section 4.The faith and cred-pose described herein. b
-it of said Town of Ithaca, C
Tompkins County,New York, Section 9. Upon this res-4
are hereby inevooably dution taking effect, the
pledged for the payment of same shall be published in full I
the principal of and interest or summery form in the offi•T
on such bonds as the same tial newspaper of said Town c
respectively become due and for such purpose, together 5
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RECORDING CERTIFICATE
Town of Ithaca Bond Resolution—2015 Road Improvement Program
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 13th day of April, 2015 1 caused an original Affidavit of No Petition
Requesting a Referendum with a certified copy of TB Resolution No. 2015-030, a Bond
Resolution for the 2015 Road Improvement Program, subject to permissive referendum, 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 13th day of April, 2015.
Paulette Terwilliger,Town Clerk
Town Seal