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HomeMy WebLinkAbout446733-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 4 Receipt No. 446733 DATE: 01 /08/2004 Time: 11:50 AM Document Type: MISC RECORDS Parties ToTransact on: YEAR END MEETING Deed Information Consideration: Transfer Tax: RETT No: INSTRUMENT NUMBER *446733-001 * Delivered By: ITHACA, TOWN OF Return To: ITHACA, TOWN OF Mortgage Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: State of New York Tompkins County Clerk Mortgage Serial No.: 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 1111111111111111111111111111111111111111111111111111111111 YEAR END MEETING OF THE ITHACA TOWN BOARD WEDNESDAY, DECEMBER 31, 2003 TB RESOLUTION NO. 2003-202: PUBLIC INTEREST ORDER: In the Matter of Authorizing an Agreement Among Several Municipalities for Cooperation in the Provision of Wastewater Treatment Capacity and Enlarging the Service Area of the Ithaca Area Wastewater Treatment Plant, All Pursuant to Article 12-C of the Town Law At a regular 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 31 st day of December, 2003, at 10:00 o'clock a.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Mary Russell Councilperson Carolyn Grigorov Councilperson David Klein Councilperson William Lesser Councilperson Thomas Niederkorn ABSENT: Councilperson Will Burbank WHEREAS, on or about December 22, 1981 the Town Board of the Town of Ithaca entered into an agreement with the City of Ithaca and the Town of Dryden relating to the joint expansion and operation of the City's wastewater treatment plant (the "IAWTF"), which agreement has been amended from time to time thereafter (the original agreement and all amendments are collectively referred to herein as the "Joint Sewer Agreement"); and WHEREAS, it is now desired to expand the service area of the IAWTF to permit waste water from municipalities not party to the Joint Sewer Agreement to be treated at the facility; and WHEREAS, it is also desired to set forth certain agreed parameters relating to the cooperation among several municipalities so as to better provide wastewater treatment services for the greater Tompkins County community; and WHEREAS, a proposed agreement (the "Intermunicipal Wastewater Agreement") has been negotiated between the City of Ithaca, the Towns of Dryden, Ithaca, and Lansing, and the Villages of Cayuga Heights and Lansing relating to the expansion of the service area and other matters concerning the cooperative endeavors pertaining to wastewater disposal for consideration by all of the involved municipalities; and WHEREAS, a plan, report and map prepared by Stearns and Wheler, Professional Engineers, relating to the expansion of the service area and other matters contemplated by the Intermunicipal Wastewater Agreement, 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, and has been filed in the office of the Town Clerk where it is available for public inspection; and, TB RESOLUTION NO. 2003-202 PAGE 2 WHEREAS, the area of said Town determined to be benefitted by said Intermunicipal Wastewater Agreement consists of the entire area of said Town; and WHEREAS, at this time there are no significant costs to the Town associated with the approval and execution of the Intermunicipal Wastewater Agreement; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on December 8, 2003, calling a public hearing for the purpose of considering the authorization of the execution of such Intermunicipal Wastewater Agreement and the expansion of the IAWTF service area authorized by such Agreement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law; 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 proposed expansion of the service area and execution of the Intermunicipal Wastewater Agreement were the subject of coordinated review and a Final Environmental Impact Statement ("FEIS"); and WHEREAS, the Town Board has adopted findings based upon the FEIS; and WHEREAS, it is now desired to authorize the execution of the Intermunicipal Wastewater Agreement and the expansion of the service area; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Town Board of the Town of Ithaca as follows: Section 1. It is hereby determined that it is in the public interest to expand the service area of the IAWTF to include all of the Town of Ithaca (including the northeast section of the Town and the Village of Cayuga Heights), the Village of Lansing, portions of the Town of Lansing outside the Village of Lansing, and portions of the Town of Dryden. Section 2. The Town Supervisor and members of the Town Board are authorized to execute the Intermunicipal Wastewater Agreement on behalf of the Town and the Town - wide Sewer Benefitted Area with such changes therein, if any, that may be made prior to such execution. Such execution shall be conditional upon there being no petition filed seeking a referendum on this order or, if one is filed, upon the approval of this resolution by the electors of the Town of Ithaca residing outside the Village of Cayuga Heights. Section 3. The Town of Ithaca, subject to the approval of the electors of the Town TB RESOLUTION NO. 2003-202 PAGE 3 of Ithaca if a referendum is requested, hereby authorizes an expansion of the service area of the IAWTF as set forth in Section 1 of this resolution, such action being authorized pursuant to Section 209-q of the Town Law. Section 4. At present there are not any costs associated with the expansion of the service area and execution of the Intermunicipal Wastewater Agreement authorized by this Public Interest Order. If, in the future, new capital projects are proposed, the authorization for same shall be in accordance with Town Law Section 209-q and/or any related laws as the same may be amended from time to time. 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 the matters authorized by this Public Interest Order. Section 5. 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 6. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. Section 7. The Town Clerk is hereby directed and ordered, pursuant to subdivision 6(d) of Section 209-q of the Town Law, 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 expansion of service area. Section 8. 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. The question of adoption of the foregoing resolution and public interest order was, upon motion made by Councilperson Supervisor Valentino, and seconded by Councilperson 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 Klein Voting aye Councilperson Lesser Voting aye Councilperson Niederkorn Voting aye TB RESOLUTION NO. 2003-202 PAGE 4 The resolution and public interest order 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 resolution and public interest order duly adopted by the Town Board of the Town of Ithaca on December 31, 2003. Tee -Ann Hunter, Town Clerk i HtHEBY GERI IFY i riAl I HE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED BY THE TOWN BOARD OF THE TOWN OF 1THACA, ,7 r� Y TOMPKIN OUNTY, NEW YORK, ON THE DAY OF NCC C' �1 � 20 AND IS THE WHO E OF TH Date Town Clerk/Deputy Town Clerk