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HomeMy WebLinkAbout446733-002Aurora 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: 11:51 AM Document Type: MISC RECORDS INSTRUMENT NUMBER *446733-002* Delivered By: ITHACA, TOWN OF Return To: ITHACA, TOWN OF Parties To Transaction: YEAR END MEETING (2) Deed Information Consideration: Transfer Tax: RETT No: Mortoage 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 cud.. e .e.._,. Tompkins County Clerk 111111111111111111111111111111111111111111111111111111111111 YEAR END MEETING OF THE ITHACA TOWN BOARD WEDNESDAY, DECEMBER 31, 2003 TB RESOLUTION NO. 2003-213: PUBLIC INTEREST ORDER: In The Matter of Authorizing an Amendment and Restatement of the Joint Sewer Agreement Among the City of Ithaca and the Towns of Ithaca and Dryden Changing the Government Structure, Enlarging the Service Area of the Ithaca Area Wastewater Treatment Plant, and Making Other Modifications to the Original Agreement, 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 that occurred prior to the date of this order are collectively referred to herein as the "Original 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 Original Joint Sewer Agreement to be treated at the facility; and WHEREAS, it is also desired to modify the structure by which the governance of the IAWTF occurs and to set forth a number of related provisions concerning budgeting, operation and maintenance and other administrative activities; and WHEREAS, a proposed amendment and restatement of the Original Joint Sewer Agreement (the "Restated Joint Sewer Agreement") has been negotiated between the City of Ithaca, and the Towns of Dryden and Ithaca relating to the expansion of the service area, changes in governance structure, and other matters concerning the maintenance and operation of the IAWTF; 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 Restated Joint Sewer 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 TB RESOLUTION NO. 2003-213 PAGE 2 available for public inspection; and, 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 Restated Joint Sewer 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 Restated Joint Sewer 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 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 with the Common Council of the City of Ithaca acting as lead agency; and WHEREAS, on December 17, 2003, Common Council of the City of Ithaca, acting as lead agency, determined that the proposed expansion of the service area and the execution of the Restated Joint Sewer Agreement as proposed will not result in any significant environmental effects; and WHEREAS, the Town Board is not aware of any information that would alter such determination, and accordingly is bound by the "negative determination" as to environmental significance made by the City; and WHEREAS, it is now desired to authorize the execution of the Restated Joint Sewer 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: TB RESOLUTION NO. 2003-213 PAGE 3 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 Restated Joint Sewer Agreement on behalf of the Town and the Town -wide Sewer Improvement 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 such electors of the Town 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 Restated Joint Sewer 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 TB RESOLUTION NO. 2003-213 PAGE 4 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 Councilwoman Russell, and seconded by Supervisor Valentino, 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 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 HEKELJY ULR 111-Y I tiAl I HE i-uKLGOING IS A TRUE COPY OF A RESOLUTION ADOPTED BY THE TOWN BOARD OF THE TOWN OF ITHACA, -j1,0 t TOMPKINS COUNTY, NEW YORK, ON THE DAY OF C-)CCC- MbC,' 200 �4ND IS THE WHO E OF THE SS Date Town Clerk/Deputy Town Clerk