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Home My WebLink About268717-001O'795!) FINAL At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, held t t at the Town Hall, 126 East Seneca Street, in the City of Ithaca, New York, on the 12th day of September, 1994, at 3:30 o'clock p.m. a° prevailing time. PRESENT: John Whitcomb, Supervisor • Catherine Valentino, Councilperson David L. Klein, Councilperson Karl J. Niklas. Councilperson Edward Conley, Councilperson Carolyn J. Grigorov, Councilperson Ellen Z. Harrison. Councilperson ABSENT: f j None ......................................................... In the Matter of the Proposed Water Improvement in the Town of Ithaca, PUBLIC INTEREST Tompkins County, New York, pursuant to Article 12-C of ORDER the Town Law to he known as the Town of Ithaca Water'' System Benefitted Area - 1994 - Coddington Road ........................................................... WHEREAS, a plan, report and map has been duly prepared in such manner and in such j• detail as heretofore has been determined by the Town Board of the Town of Ithaca, Tompkins f County. New York. relating to the creaiion and construction, pursuant to Article 12-C of the fi Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1994. and hereinafter also referred to as "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, 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 he benefftted by said Town of Ithaca Water System Improvement - 1994 - Coddington Road shall be known as the Town of Ithaca a t t 0 1l� a 49 ?act 84 CbMrd.ple, wplh&. IM 11:57w Water System Benefitted Area - 1994 - Coddington Road and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights,, and WHEREAS, the proposed Town of Ithaca Water System Improvement - 1994 - Coddington Road consists of the water improvements set forth .below, and in the areas of the f Town as set forth below, and ac 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 )t" water main extensions on Coddington Road, the water main itself to be installed on the northeast side of Coddington Road running from the present terminus of the water line on Coddington Road to the Coddington Road Community i Center, and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $123,7500): and WHEREAS, the proposed method of financing said improvement to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road derived from revenues assessed against the properties which are deemed Benefitted by said improvement; and WHEREAS, said maximum estimated cost is not greater than 1/I0th 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 Water System Benefitted Area - 1994 - Coddington Road 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 henefitted by the improvement, an amount sufficient to pay the costs of such improvement in the year in which constructed: and WIIGREAS, the aforesaid.imprwemcnt has been dctennined to bean 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 July 26, 1994 calling a public hearing upon said plan, report and map including an estimate of cost and the question of .providing water improvements to be known as the Town of Ithaca Water 2 . j it;ta 49 ►asf 85 CeldrJ.pn, wpS10h. &prnJrr 1!, lYW ll:J7�w Improvement - 1994 - Coddington Road, such public hearing to be held on the 8th day of August. 1994. at 70) o'clock p.m., Prevailing Time, at the Town Hall, 126 East Seneca Street, in the City of Ithaca, New York, at which time and place all persons interested in the subject thereof could be heard concerning the same; and r 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 aforesaid and f all persons interested in the subject thereof were heard concerning the same; and 't t WHEREAS, it is now desired to authorize the improvement to be known as the Town of Ithaca Water Improvement - 1994 - Coddington Road; NOW, THEREFORE. BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section I. It is hereby detennined that it is in the public interest to establish said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road and to make the water improvement hereinafter described and such water improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Town of Ithaca Water Improvement - 1994 - Coddington Road is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section , The proposed improvement shall consist of construction and installation of a new 8" water main to provide water service for properties along Coddington Road + running from the present terminus of the water line on Coddington Road to the Coddingt(in Road Community. Center, together with related facilities at an initially determined maximum estimated cost to said benetitted area of $123.75p.M. The method . of financing of said cost shall he by assessments in the year of construction levied upon and collected from the several lots and parcels of land deemed benctttted from said improvement and located in said Town of Ithaca Water System Bcnefitted Area - 1994 - Coddington Road, 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. 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 properly in the area of said Town outside of Villages and, therefore, in accordance with . 1 3 116[R 49 PA,[ 86 - CftUd.p/n, %PJLd, Sepwmher 13, 19P/ I t:JIw the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. • tin 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. j Section i. " It is hereby further determined that all of the cost of the aforesaid 1 improvement shall be borne wholly by property within the Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road, being the entire area of the Town outside of the Village of Cayuga Heights. Section 6. This order is adopted subject to permissive referendum. The question of adoption of the foregoing resolution was, upon motion made by Councilperson Niklas, and seconded by Councilperson Valentino, duly put to a vote on a roll call, which resulted as follows: Supervisor Whitcomb Voting Aye Councilperson Valentino Voting _Ave, Councilperson Klein Voting Aye 3 Councilperson Niklas Voting Ave Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye Councilperson Harrison Voting Nay The resolution was thereupon declared duly adopted. • The undersigned, Town Clerk of the Town of Ithaca, does hereby certify that the foregoing is a true and correct copy of a public interest order duly adopted by the Town Board of the Town of Ithaca on September 12, I994. Joat oteboom. Town Clerk 4 • o: ,3O_•h � i, f Tompkins County, u: R*Cofdo on the Day of. A..V .o'cbc��M, in Uber... q. oI. .►St.. N pap ........ �( and •xa .}'� • ................... Ciark 5