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HomeMy WebLinkAbout422075-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 3 Receipt No. 422075 DATE: 11 /13/2002 Time: 09:02 Liber:CD2513 Page:6598 Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA 215 N. TIOGA STREET ITHACA, N.Y. 13053 Document Type: MISC RECORDS Parties To Transaction: WATER IMPROVEMENT Deed Information Consideration: Transfer Tax: RETT No: Mortuasie Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Mortgage Serial No.: State of New York Tompkins County Clerk This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH Tompkins County Clerk 111111111111111111111111111111111111111111111111111111 *422075-001* Liber:CD2513 Page:6599 REGULAR MEETING OF THE ITHACA TOWN BOARD THURSDAY, NOVEMBER 7, 2002 At a meeting of the Town Board of the Town of Ithaca, Tompkins County, held at the Town Hall, 215 North Tioga Street, in the City of Ithaca, New York, on the 7th day of November, 2002, at 5:30 o'clock p.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Mary Russell Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT: Councilperson David Klein ---------------------------------------------------------- In the Matter of the 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 2002 Burns Road Water System Improvement 1 MER W CW�,�,,",.. THAT THE FORMON 0 A 7" Q OF A RNMUij0N ApOM Elf THE TOWN F. ; ..S rd PUBLIC INTEREST ORDER WHEREAS, a plan, report and map has been duly prepared in such manner and in such 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 be known and identified as the Town of Ithaca 2002 Burns Road Water System Improvement, 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 benefitted by said Town of Ithaca 2002 Bums Road Water System Improvement 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 2002 Burns Road Water System Improvement 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 approximately 1800 feet of 8" ductile iron pipe water main on Liber:CD2513 Page:6600 Burns Road connected to the existing water main on Coddington Road together with related ancillary controls, service laterals, and other structures. WHEREAS, the original maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement was $110,000.00, and the proposed method of financing 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; and WHEREAS, said report was amended to allow for increased estimates based upon recent contract bids received by the Town for other projects, and to allow for a contingency, making the total maximum now proposed to be expended by the Town of Ithaca for the aforesaid improvement $145,000.00; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on October 17, 2002, 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 2002 Burns Road Water System Improvement, such public hearing having been scheduled for the 7th day of November, 2002, at 8:05 o'clock p.m., Prevailing Time, at the Town Hall, 215 North Tioga Street, in the City of Ithaca, Tompkins County, 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 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, the area in which the improvement is intended to be located is in Tompkins County Agricultural District #1; and WHEREAS, a Final Notice of Intent relating to the project was filed with the NYS Department of Agriculture and Markets as required by law, and by letter dated October 15, 2002, the Commissioner of Agriculture and Markets advised that he had determined that "the proposed action would not have an unreasonably adverse effect on the continuing viability of farm enterprises within the district; or state environmental plans, policies and objectives" and accordingly, subject to the conditions in the letter from said Commissioner, the Town may proceed to authorize the proposed project; and WHEREAS, the construction of the proposed project has been determined to be a "Type I 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, it is now desired to authorize the improvement to be known as the Town of Ithaca 2002 Burns Road Water System Improvement; NOW, THEREFORE, BE IT 2 Liber:CD2513 Page:6601 RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest 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 2002 Burns Road Water System Improvement 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 approximately 1800 feet of 8" ductile iron pipe water main on Burns Road connected to the existing water main on Coddington Road together with related ancillary controls, service laterals, and other structures. 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 Town Law, the permission of the State 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 6. This order is adopted subject to permissive referendum. The question of adoption of the foregoing resolution was, upon motion made by Councilman Niederkorn, and seconded by Councilwoman Russell, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye Councilperson Russell Voting aye Councilperson Grigorov Voting aye Councilperson Lesser Voting aye Councilperson Niederkorn Voting aye Councilperson Burbank Voting aye 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 November 7, 2002. Tee -Ann Hunter, Town Clerk 3