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' Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
TOWN OF ITHACA Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: MISC Receipt Number: 16-123527
Party 1 Party 2
SAPSUCKER WOODS ROAD WATER
IMPROVEMENT
Fees
Recording Fee $0.00 Instrument #: 2016-03794
Pages Fee $0.00
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Filed on April 12th, 2016 at 3:36:04 PM with a total
page count of 4.
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
2016-03794 04/12/2016 03:36:04 PM
MEETING OF THE ITHACA TOWN BOARD
215 N. Tioga Street, Ithaca, NY, Tompkins County
February 8, 2016 at 5:30 p.m. prevailing time
TB Resolution 2016-022: 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 Sapsucker
Woods Road Water Main Replacement Water Improvement, and establishing the
Sapsucker Woods Road Water Main Replacement Water Improvement Area
Present: Bill Goodman, Supervisor; Council Members Tee-Ann Hunter, Rich DePaolo,
Eric Levine, Pamela Bleiwas, Rod Howe and Pat Leary
Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas
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 Sapsucker Woods
Road Water Main Replacement 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 Sapsucker Woods Road Water Main Replacement 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 January 11, 2016, 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 8"' day of February, 2016 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
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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 February 8, 2016, 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
Sapsucker Woods Road Water Main Replacement Water Improvement as hereinafter
described, and be it
FURTHER RESOLVED, that the Town Board does hereby approve, authorize
and establish the Town of Ithaca Sapsucker Woods Road Water Main Replacement 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 approximately 2,400 LF of an existing 8"
water main with a new 8" water main in the same alignment located on Sapsucker Woods
Road, beginning at the intersection of Sapsucker Woods Road/Hanshaw Road and ending
approximately 500 feet north of the intersection of Sapsucker Woods Road and Sanctuary
Drive, together with related ancillary facilities, at an initially determined maximum
estimated cost to said Water Improvement Area of$425,000, and be it
FURTHER RESOLVED, that the area hereby determined to be benefited by said
Town of Ithaca Sapsucker Woods Road Water Main Replacement 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 Sapsucker Woods Road Water
Main Replacement Water Improvement Area, being the entire area of the Town outside
of the Village of Cayuga Heights, and be it
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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 $425,000, which shall be financed as follows: at the
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: Goodman, aye; Hunter, aye; DePaolo, aye; Bleiwas, aye;
Leary, aye; Levine, aye and Howe, 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 the It aca Town Board of
Ithaca at a meeting on the 8th day of February, 2016.
SEAL Pau ette Terwilliger, Town lerk
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