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In the Matter '
of
The Establishment of the Burleigh Drive Lighting District
in 'the Town of Ithaca, County of Tompkins, New York
A resolution having been duly adopted by the Town Board of the Town of Ithaca on June
10, 1991, directing the Town Engineer to supervise the preparation of a map, plan and report
for providing the facilities, improvements, or services in a portion of the Town of Ithaca,
wherein a lighting district, hereinafter described, was proposed to be established, and said map,
plan and report having been duly filed in the Office of the Town Clerk, and an order having
been duly adopted by said Town Board on July 8, 1991, reciting the description of the
boundaries of the proposed district, the maximum amount proposed to be expended for the
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, 126 East Seneca Street, Ithaca,
New York, on the 12th day of August, 1991, for the purpose of conducting a public hearing on
such proposal to establish the park district with the specified improvements and to hear all
persons interested in the subject thereof concerning the same, and said hearing was, by
subsequent order, adjourned to September 9, 1991, and a hearing having been duly held by said
Board on September 9, 1991, at the Town Hall, and it having been duly resolved and determined
following such hearing that the notice of hearing was published and posted as required by law
and otherwise sufficient, that all the property and property owners within the proposed district
were benefited thereby, that all property and property owners benefited were included within the
limits of the proposed district, and that it was in the public interest to establish said lighting
district, and it having been then and there further duly resolved that the establishment of such
district as proposed be approved, subject to permissive referendum in the manner provided in
Article 7 of the Town Law, and a certificate of the Town Clerk having been filed pursuant to
subdivision 4 of Section 209-e of the Town Law, certifying that no petition was filed requesting
such a referendum, and the permission of the State Comptroller not being required pursuant to
Section 209-f of the Town Law, it is hereby
ORDERED, that a lighting district be established in the said Town of Ithaca, Tompkins
County, New York, to be designated as the Burleigh Drive Lighting District of the Town of
Ithaca and to be the following description and boundaries:
COMMENCING at the intersection of the center line of Burleigh Drive with the easterly
boundary line of the Village of Cayuga Heights, which point is just north of the
northwest corner of Town of Ithaca tax parcel No. 72-1-1.199; running thence south
along the Cayuga Heights boundary line and in part along the west line of tax parcel 72-
1-1.199 to a point 200 feet south of the center line of Burleigh Drive; running thence
easterly, northeasterly, and northerly on a line parallel to the center line of Burleigh
Drive and 200 feet distant therefrom to the* north line of the Town of Ithaca; running
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thence westerly along the north line of the Town of Ithaca and the north line of tax
parcel 72-1-1.185 200 "feet to the center line of Burleigh Drive; continuing thence
westerly along the north line of the Town of Ithaca 200 feet to a point; running thence
southerly southwesterly and westerly on a line parallel with the center line of Burleigh
Drive and 200 feet distant therefrom to the center line of the westerly portion of the loop
road known as Lexington Drive, which point is westerly from premises reputedly owned
by the Church of Latter Day Saints being Town of Ithaca tax parcel 72-1-1.170; thence
southerly along the center line of Lexington Drive 200 feet to the center line of Burleigh
Drive; thence westerly along the center line of Burleigh Drive a distance of
approximately 60 feet to the east line of the Village of Cayuga Heights and the point or
place of beginning•
and- it is further
ORDERED, that the following improvements in said. District be constructed:
Seven luminaries along Burleigh Drive between Uptown Road and the Cayuga Heights
Village Line, all as more particularly shown on the street lighting plan and as set forth in the
letter from New York State Electric & Gas Corporation dated March 27, 1991, to the Town of
Ithaca;
and it is further ,
ORDERED, that the proposed improvements, including costs of rights of way,
construction costs, legal fees and other expenses shall be financed as follows:
That each of the homeowners in said Burleigh Drive Lighting District shall be assessed
a proportionate share of the annual cost of operating and maintaining said lighting system, the
Town Board determining that each lot owner is benefited substantially in proportion to the
frontage of each lot owner on the road and therefore until otherwise determined by the Town
Board, the cost of the installation, operation, and maintenance of said lighting facilities is to be
borne by each lot owner in the Burleigh Lighting District in proportion to the amount of road
frontage each lot owner has on Burleigh Drive;
and it is further
ORDERED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed
to cause a certified copy of this Order to be duly recorded in the Officeof the Clerk of in which
the Town of Ithaca is located, within ten days after the adoption of this Order;
and it is further '
ORDERED, that We Town Clerk is hereby authorized and directed to file a certified
copy of this Order in the Office of the State Department of Audit and Control, Albany, New
York, within ten days after the adoption of this Order.
usa 36 PAGE pie
Dated: November 7,, 1991
hirley A. Raffenspe
i
,
J , �. _ itco�
tricia A. Leary
Frank R. Liguo
Karl J. Niklas
Cat Brine Valentin
David Klein •
STATE OF NEW YORK )
COUNTY OF TWKINS ) SS:
TOWN OF ITHACA )
I, Jean H. Swartwood, the Town Clerk of the Town of Ithaca, do
hereby certify that I have cmpared the preceding resolution with
the original thereof filed in my office at 126 East Seneca Street,
Ithaca, New York, and the same is a true and correct copy of said,
t...
original•and the whole thereof.
IN WITNESS THERDOF, I hereunto set may hand and affix the seal of
the said Town, this day of1991.
JeprH. Swartwood
Town Clerk
f, tot
Op,K4d
Tompkins County, ss:
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