Loading...
HomeMy WebLinkAbout439842-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 6 Receipt No. 439842 DATE: 09/15/2003 Time: 11:45 Document Type: MISC RECORDS Parties To Transaction: PUBLIC INTEREST Deed Information Consideration: Transfer Tax: RETT No: INSTRUMENT NUMBER *439842-001* Delivered By: ITHACA, TOWN OF Return To: ITHACA, TOWN OF Mortaape 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 11111111111111111111111111111111111111111111111111111111111 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 8th day of September, 2003, at 5:30 o'clock p.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Mary Russell Councilperson Carolyn Grigorov Councilperson David Klein Councilperson William Lesser Councilperson Thomas Niederkorn Councilperson Will Burbank ABSENT: 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 AND BOND the Town Law to be known as the Town of Ithaca RESOLUTION 2003 Coy Glen Pump Station and Water Main Improvement 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 2003 Coy Glen Pump Station and Water Main Improvement, and hereinafter also referred to as "improvement", to provide such water system improvement, to the present Town water improvement, such 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 2003 Coy Glen Pump Station and Water Main Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and 2003 Co Glee Primp Station K 1( "rdet Jlvn Public Interest Owej; np80; JCB Rhara Resolnuons: Hal.• .September-15, 2003 11:194 -If WHEREAS, the proposed Town of Ithaca 2003 Coy Glen Pump Station and Water Main 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 of an approximately 17 foot by 28 foot pre -cast concrete pump station building on a lot on Coy Glen Road approximately 600 feet west of the intersection of Coy Glen Road with Glenside Road and construction of approximately 2,200 feet of 12 inch ductile iron pipe water main along Coy Glen Road from the existing water main at Glenside Road to the existing water main approximately 500 feet from West Haven Road. WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $560,500.00. The proposed method of financing to be employed by said Town of Ithaca for the aforesaid improvement is issuance by the Town of serial bonds not to exceed $560,500.00. WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on August 12, 2003, 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 2003 Coy Glen Pump Station and Water Main Improvement, such public hearing having been scheduled for the 8th day of September, 2003, at 6:30 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 construction of the proposed project 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, it is now desired to authorize the improvement to be known as the Town of Ithaca 2003 Coy Glen Pump Station and Water Main Improvement; NOW, THEREFORE, BE IT 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 K 2003 Cor' C/en Aimp Station & T FilerMun Public Interest Oidej; rnp80,•JCB Idt ca ResoluUnns; Hd,,• September IS, 200311:18.1JI improvement hereinafter described and such water improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Town of Ithaca 2003 Coy Glen Pump Station and Water Main Improvement is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section 2. The proposed improvement shall consist of construction of an approximately 17 foot by 28 foot pre -cast concrete pump station building on a lot on Coy Glen Road approximately 600 feet west of the intersection of Coy Glen Road with Glenside Road and construction of approximately 2,200 feet of 12 inch ductile iron pipe water main along Coy Glen Road from the existing water main at Glenside Road to the existing water main approximately 500 feet from West Haven Road, together with related controls and other structures. Section 3. The Town of Ithaca, subject to the approval of the voters of the Town of Ithaca if a referendum is requested, hereby authorizes the expenditure of up to $560,500.00 for the Town of Ithaca 2003 Coy Glen Pump Station and Water Main Improvement and the payment of all costs incident thereto, including architects fees, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project." Section 4. The plan for the financing of the Project consists of the issuance of General Obligation Serial Bonds of the Town in the principal sum of not more than $560,500, to be issued pursuant to the Local Finance Law for the costs of the Project. Section 5. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 40 years, pursuant to Subdivision 1 of Paragraph a of Section 11.00 of the Local Finance Law. It is further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 6. The full faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on said bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall be annually apportioned and assessed upon the several lots and parcels of land especially benefitted by the improvement in proportion to the amount of benefit which the improvement shall confer upon the same, an amount sufficient to pay the principal and interest on such bonds as the same become due and payable. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied. Section 7. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Ithaca, New York, by the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk. 9 _9003Cgl ClenPump.Statiou& I6ater.lhirr,MINJCInterestOrder, vip80;,JC1lIthaca Resolutions; Hal; September IS. 2003 11:18AM Section 8. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 9. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of, and to sell, bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such serial bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town of Ithaca not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Town Supervisor shall determine. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no moneys are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 12. The validity of such bonds may be contested only if: 1. Such bonds are authorized for an object or purchase for which said Town is not 11 2003 C'or G/en Pump Station R Il aterAhnn ^b1ir Ltterev Oidei; np80; JCB Mjara Re5obmons;11,d: September IS, 2003 /lab L11 authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of publication, or 3. Such bonds are authorized in violation of the provision of the Constitution. Section 13. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1/IOth 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 14. 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 15. Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution, concisely stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum. Section 16. If no referendum is requested, or if requested, a referendum is held and the referendum approves the resolution, this resolution, or a summary thereof, shall be published by the Town Clerk of the Town of Ithaca, together with a notice in substantially the form prescribed, and containing the information required, by Section 81.00 of said Local Finance Law, such publication to be in the Ithaca Journal, a newspaper published in the City of Ithaca and having a general circulation within such Town. Section 17. This resolution shall take effect immediately, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval. Section 18. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q and Local Finance Law Section 35. The question of adoption of the foregoing resolution was, upon motion made by Councilperson Councilwoman Grigorov, seconded by Councilperson Klein, duly put to a vote on a roll call, which resulted as follows: 2003 Cor Glen Pump Station & 16 atej Main PaGhc Luei est Oxler; np8O; jCB khaea Resolutions; Hal; September IS 2003 11:I84,11 Supervisor Valentino Voting Aye Councilperson Russell Voting Aye Councilperson Grigorov Voting Aye Councilperson Klein Voting Aye Councilperson Lesser Voting Aye Councilperson Neiderkorn 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 September 8, 2003. Tee -Ann Hunter, Town Clerk r