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II11i 48 tAot M 06049
At a negWar meeting of the Town Dowd of
the Town of NAM Tompkins County, held
At the Town Hall,126 East Seaea Streer. is
ON City of Ithaca. Now York. on the I Ilk
dayv J o ailing �1994. at 3:30 o'clock p.m.
PRESEM.
John Whilcommb. Supervisor
Catherine Valentino, Councilperson
Karl L Niklas, Councilpersoa
Edward Conley, Councilperson
Carolyn J. Grigmov, Councilperson
Ellen Z Harrison, Councilperson
ABSENT:
David L. Klein. Councilperson
in the Matter of
the Proposed Sewer Improvement in the Town of Ithaca. PUBLIC DnMRES`r
Tompkins County, New York, pursuant to Ankle 12-C of ORDER
the Town Law to be known as the Town of Ithaca Sewer
System Beneftted Area - 1994.
WHEREAS, a plan, report and map has been duly prepared in such manner grid in with
detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins
County, New York, relating to the creation and construction, pursuant to Ankle 12-C of the
Town Law of sewer system improvements to be known and Identified as the Town of Ithaca
Sewer Improvement - 1994, and hereinafter also referred to as 'improvement". to provide such
sewer improvement including extensions, to the present Town sewer improvement, such sewer
system improvement to be constructed and owned by the Town of Ithaca, and
WHEREAS, said plan, report and map have been prepared by Daniel Walker. P.E., the
Town Engineer, a competent engineer duly licensed by the State of New York and have been
filed in the office of the Town Clerk where they are available for public inspection, and
WHEREAS, the area of said Town determined to be benefitted by said Town of Ithaca
Sewer Systcm Improvement - 1994 shall be known as the Town of Ithaca Sewer System
Benefitted Area - 1994 and consists of the entire area of said Town excepting therefrom the area
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contained within the Village of Cayuga Heights, and
WHEREAS, the proposed Town of Ithaca Sewer System Improvement - 1994 consists of
the sewer improvements set forth below. and in the areas of the Town as set forth below, and
as more particularly shown and described in said map, plan and report presently on file in the
Office of the Town Clerk:
Construction and installation of new 8' sewer main to provide sewer service for a portion
Of the properties on West Haven Road and Mecklenburg Road running from the approximate
intersection of the stream crossing West Haven Road and West Haven Road to Mecklenburg
Road and southerly along Mecklenburg Road to connect to the sewer line currently located in
Mecklenburg Road.
WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the
aforesaid improvement is $215,000.00; and
WHEREAS, said $215,000.00 maximum estimated cost shall be authorized to be financed
by the issuance by the Town of Ithaca of serial bonds with a maximum maturity not in excess
of 20 years; and
WHEREAS, said maximum estimated cost is not greater than 1/10th of 1% of the full
valuation of taxable real property in the area of the Town of Ithaca outside of any villages; and
WHEREAS, it is proposed that the cost of the aforesaid improvement shall be borne by
the real property in said Town of Ithaca Sewer System Benefitted Area - 1994 by assessing,
levying upon and collecting from the several lots and parcels of land within said Benefitted Area,
outside of any village, which the Town Board shall determine and specify to be especially
benefitted by the improvement, an amount sufficient to pay the principal. and interest on said
serial bonds and bond anticipation notes issued in anticipation of the issuance of serial bonds+
as the same become due and payable; and
WHEREAS, the aforesaid improvement has been determined to be 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 and the laws and
regulations of the Town of Ithaca, the implementation of which as proposed, the Town Board has
determined will not result in any significant environmental effects; and
WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on June 13,
1994 calling a Public bearing upon said plan. report and map including an estimate of cost and
Seca Of Pig Sewn improvements to be known as the Town of Ithaca Sewer
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Improvement - 1994. such public hearing to be held on ate I Ida day a( )dy. 19K at i:"
o'clock p-m.. Prevailing Time. at the rows Hall. 126 Bast Seneca Street. in the Qty of Ithaca.
New York at which time ad place W persona intpested in the Object thereof Could be heard
concerning the same; and
WHEREAS, notice of said public hearing was duly posted and published as required by
law; and
WHEREAS, said public hearing was duly held at the place and at the time aforwid and
W persons interested in the subject thereof were heard concerning the same. and
WHEREAS, it is now desired to authorize the improvement to be known as the Town of
Ithaca Sewer Improvement - 1994;
NOW. TFIEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County. New York
as follows:
Section I It is hereby determined that it is in the public interest to establish said Town
of Ithaca Sewer System Benermed Area - 1994 and to make the sewer improvement
hereinafter described and such sewer improvement is hereby authorized. The proposed
area hereby determined to be benefitted by said Two of Ithaca Sewer Improvement -
1994 is all of the Town of Ithaca outside of the Village of Cayuga Heights.
Section 2 The proposed improvement shall consist of construction and installation of a
new 8" sewer main to provide sewer service for a portion of the properties on West
Haven Road and Mecklenburg Road running from the approximate intersection of the
stream crossing West Haven Road and West Haven Road to Mecklenburg Road and
southerly along Mecklenburg Road to connect to the sewer line currently located in
Mecklenburg Road, at an initially determined maximum estimated cost to said benefitted
area of $215,000.00. The method of financing of said cost shall be by the issuance of
serial bonds of said Town of Ithaca to mature in annual instalments over a period not
exceeding 20 years, and by the issuance of bond anticipation notes issued in anticipation
of the issuance of serial bonds. The bonds and bond anticipation notes shall be payable
from assessments levied upon and collected from the several lots and parcels of land q
deemed beneGtted from said improvement and located in said Town of Ithaca Sewer
System Benefttted Area - 1994, 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.
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Section 3. It is hereby determined that the estimated expense of the aforesaid
improvement does not exceed 1/10th of 1% 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 of Section 209-q of the Tows LAw, the permission of the
Sim Comptroller is not required for such improvement.
Section 4 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 resolution to be duly
recorded within 10 days of the date of adoption in the office of the Clerk of the County
of Tompkins, 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.
Section S. It is hereby further determined that all of the Cost Of the aforesaid
improvement shall be home wholly by property within the Town of Ithaca Sewer System
Beneritted Area - 1994. being the entire area of the Town outside of the Village of
Cayuga Heights.
Section 6 This order is adopted subject to permissive referendum.
IU question of adoption of the foregoing resolution was. UPON motion made by Carolyn
Grigorov, and seconded by Kul Miss, duly put to a vote on •No Call, Which resubed as
follows:
Supervisor Whitcomb Voting Aye
Councilperson Valentino Voting Aye
Councilperson Niklas Voting Aye
Councilperson Conley Voting Aye
Councdpwson GriSomv Voting Aye
Councilperson Harrison Voting Aye
The M801011010 WAS thereupon declared duly adopted.
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Tie wmkgdjned. Tmaa Qak Of da Two of Id AM does tt mby am* do die 3
feeeSObS b a tm ind caI l4r COPY of a pabtia bOm order ddy adopted by do Town 1loard
of We Town of Id am on July 11. 1994.
J Ndeboom. Town Qerk `�V r �4 jig'•
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d page ..704.1
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