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At a regular meeting of the Town Board of
the Town of Ithaca, Tompkins County, held ^
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at the Town Hall, 126 East Seneca Street, in
the City of Ithaca, New York, on the gth day -
of March, 1999, at 5:30 o'clock p:m.
prevailing time.
PRESENT:
Catherine Valentino, Supervisor
- Mary Russell, Councilperson
David L. Klein, Councilperson
Carolyn J. Grigorov, Councilperson
Ellen Z. Harrison, Councilperson
Edward Conley, Councilperson
John Wolff, Councilperson
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ABSENT:
None
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In the Matter of 4
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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 be known as the Town of Ithaca Water
System Benefitted Area - 1999 - Mecklenburg Road
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WHEREAS, a plan, report and map has been duly prepared in such manner and insuch
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 Article 12-C of, the
Town Law of water system improvements to he known and identified as the Town of Ithaca
Water improvement - 1999 - Mecklenburg Road, 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 be henefitted by said Town of Ithaca
Water System Improvement - 1999 - Mecklenburg Road shall be known as the Town of Ithaca '
Water System Benefitted Area - 1999 - Mecklenburg Road and consists of the entire area of said
Town excepting therefrom the area contained within the Village of Cayuga Heights, and
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IN SE3 /AGE 8
WHEREAS, the proposed Town of Ithaca Water System improvement - 1999 -
Mecklenburg Road consists of the water 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 12" water main extensions on and near Mecklenburg
Road, the water main itself to connect with the City of Ithaca water main at the City line and to
extend approximately 19(l0 feet along Mecklenburg Road to connect to an existing Town of
Ithaca 12" water main; and
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WHEREAS, the maximum proposed to be expended by the Town of Ithaca far the
- aforesaid improvement is $150,(XX).OU; and
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WHEREAS, the proposed method of financing said improvement to be employed by said
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Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of
Ithaca Water System Benefitted Area - 1999 - Mecklenburg Road derived from revenues assessed
against the properties which are deemed henefitted by said improvement; and
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WIIEREAS, said maximum estimated cost is not greater than 1/i0th of l'ro of the full
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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 - 1999 - Mecklenburg
Road by assessing, levying upon and collecting from the several lots and parcels of land within
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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 costs of such
improvement in the year in which constructed; and
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WHEREAS, the aforesaid improvement has been determined to be an Unlisted Action
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pursuant to the regulations of the New York State IX-partment of Environmental Conservation
promulgated romul t 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 effect%; and
WHEREAS, the Town Board Lofthe Town of Ithaca duly adopted an order on February
R, 1999 calling a public hearing upon said plan, report and map including an estimate of cost and
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the question of providing water improvement% to be known as the Town of Ithaca Water
improvement -- 1999 - Mecklenburg Road, such public hearing- to be held on the Nth day of
March, 11199, at 6:45 o'clock p.m., Prevailing'fit»e, 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
WHEREAS, notice of said public hearing was duly posted and published as required by
law; and
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WHEREAS, ,said public hearing was duly held at the place and at the time aforesaid and
all 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 Water Improvement - 1999 - Mecklenburg Road;
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NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York,
as follows:
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Section . It is hereby determined that it is in the public interest to establish said Town
of' Ithaca Water System Bcnefitted Area - 1999 - Mecklenburg Road and to make the
water improvement hereinafter described and .such water improvement is hereby
authorized. The proposed area hereby determined to be tx nefitted by said Town of Ithaca
Water improvement - 1999 - Mecklenburg Road is all of the Town of Ithaca outside of
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the Village of Cayuga Heights.
S ction . The proposed improvement shall consist of construction and installation of
new 12"-water main extensions on and near Mecklenburg Road, the water main itself to
connect with the City of Ithaca water main at the City line and to extend approximately
19(X) feet along Mecklenburg Road to connect town existing Town of Ithaca 12" water
main together with related facilities at an initially determined maximum estimated cost a
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to said henel'itted area of $1511,(XX).(X). The method of financing of said cost shall be by
assessments in the year of construction levied upon and collected from the several lots
and parcels of land deemed henefitted from said improvement and fixated in said Town
of Ithaca Water System Bcnefitted Area - 1999 - Mecklenburg 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."
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Section 3. It is hereby determined that the. estimated expense of the aforesaid
improvement dos 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 Town Law, the permission of the
State Comptroller is not required for such improvement.
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Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law. the To
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
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Section S. It is hereby further determined that all of the cost of the aforesaid
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improvement shall be borne wholly by property within the Town of Ithaca Water System
BeneGtted Area - 1999 - Mecklenburg Road, being the entire area of the Town outside
of the Village of Cayuga Heights.
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Section 6• This order is adopted subject to permissive referendum.
The question of the adoption of the foregoing order was upon motion of Supervisor
Valentino, seconded by Councilperson Grigorov, duly put to a vote on a roll call, which resulted
as follows:
Supervisor Valentino Voting Ave _
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Councilperson Russell Voting Aye
Councilperson Grigorov Voting Aye
Councilperson Klein Voting Abstain
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Councilperson Harrison Vying Aye
Councilperson Conley Voting Avg
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Councilpersott Wolff Voting Aye
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The Order was thereupon declared duly adopted.
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