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Home My WebLink About463007-002Aurora 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. 463007 DATE: 10/22/2004 Time: 09:57 AM Document Type: MISC RECORDS Parties To Transaction: MEETING Deed Information Consideration: Transfer Tax: RETT No: State of New York Tompkins County Clerk INSTRUMENT NUMBER *463007-002* Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Mortgage Information Mortgage Amount Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: 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 nty Clerk MIIAI AAI II�NIYIR1lu �l11 11111 IY� INA 011IO REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, OCTOBER 18, 2004 TB RESOLUTION NO. 2004-162: Public Interest Order Town of Ithaca Kinp's Way Water Improvement. 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 18th day of October, 2004, at 5:30 o'clock p.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Will Burbank Councilperson Sandra Gittelman Councilperson Peter Stein ABSENT: Councilperson Herbert Engman 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 the Town Law to be known as the Town of Ithaca 2004 Kings Way Water 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 2004 Kings Way Water 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 by Boris Simkin with certain materials to be supplied by the Town of Ithaca, with the entire improvement to be owned by the Town of Ithaca upon completion, 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 2004 Kings Way Water 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 2004 Kings Way Water 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 approximately 810 feet of 8-inch ductile iron pipe water main running from the Town's existing main on Danby Road along Kings Way and East King Road to a point just cast of the existing pressure reducing valve on Fast King Road, together with related controls and other structures; and WHEREAS the area in which the improvement is to be located is an area that needs to be upgraded to provide more appropriate levels of water service for a number of the Town's water customers; and WHEREAS, the developer of the Westview Subdivision needs the improvement to be completed in order for there to be adequate water service and water pressure for a substantial portion of the proposed subdivision; and WHEREAS, such developer has offered to construct the improvement if the Town agrees to supply the materials; and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $20,000, the maximum estimated cost of the materials for the improvement and the proposed method of financing to be employed by the Town of Ithaca for the aforesaid improvement is payment for said materials out of surplus funds at a cost not to exceed $20,000; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on September 13, 2004, 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 2004 Kings Way Water Improvement, such public hearing having been scheduled for the 18th day of October, 2004, at 7:00 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 2 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 adverse environmental effects; and WHEREAS, it is now desired to authorize the improvement to be known as the Town of Ithaca 2004 Kings Way Water 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 improvement hereinafter described and such water improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Town of Ithaca 2004 Kings Way Water 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 approximately 810 feet of 8-inch ductile iron pipe water main running from the Town's existing main on Danby Road along Kings Way and East King Road to a point just east of tlic existing pressure reducing valve on East King 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 $20,000.00 for the Town of Ithaca 2004 Kings Way Water 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 payment of said costs from surplus funds or funds budgeted for such Project. Section 5. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1/1 Oth 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 6. 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 7. 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 8. 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 9. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q. The question of adoption of the foregoing resolution was, upon motion made by Supervisor Valentino, and seconded by Councilwoman Gittelman, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Councilperson Grigorov Councilperson Lesser Councilperson Burbank Councilperson Gittelman Councilperson Stein The order was thereupon declared duly adopted. Voting Ave Voting Ave Voting Ave Voting Ave Voting Ave Voting Ave l HEREBY Uuk I Vt , !AI I HE FOREGOING IS A TRUE COPY OF A RESOLUTION ADOPTED BY THE TOWN BOARD OF THE TOWN OF ITHACA, ri TOMPKINS CO N NEW YORK, ON THE DAY OF 200`l AND IS THE WH E OF THE Date Deputy Town Clerk