HomeMy WebLinkAbout464527-002Aurora R. Valenti
TOMPKINS COUNTY CLERK
320 North Tioga Street
Ithaca, NY 14850
607-274-5431
Fax: 607-274-5445
No. of Pages: 8
Receipt No. 464527
DATE: 11 /19/2004
Time: 11:10 AM
Document Type: MISC RECORDS
Parties To Transaction: TOWN OF ITHACA
Deed Information
Consideration:
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RETT No:
State of New York
Tompkins County Clerk
INSTRUMENT NUMBER
*464527-002*
Delivered By: TOWN OF ITHACA
Return To:
TOWN OF ITHACA
Mortgage Information
Mortgage Amount
Basic Mtge. Tax:
Special Mtge. Tax:
Additional Mtge. Tax:
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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
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REGULAR MEETING OF THE ITHACA TOWN BOARD
MONDAY, NOVEMBER 15, 2004
TB RESOLUTION NO. 2004-177: PUBLIC INTEREST ORDER AND RESOLUTION
AUTHORIZING THE CONSTRUCTION OF THE SOUTHERN CAYUGA LAKE
INTERMUNICIPAL COMMISSION EAST HILL WATER TANK AND WATER MAINS,
AUTHORIZING THE EXPENDITURE OF FUNDS FOR SUCH PURPOSE, AUTHORIZING
THE ISSUANCE AND SALE OF JOINT AND SEVERAL SERIAL BONDS FOR A
PORTION OF THE COSTS OF SUCH PROJECT AND AUTHORIZING EXECUTION OF
AN AMENDMENT TO THE AGREEMENT OF MUNICIPAL COOPERATION GOVERNING
SUCH WATER TANK AND WATER MAINS.
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 15th day of
November, 2004, at 5:30 o'clock p.m.
prevailing time.
PRESENT: Supervisor Catherine Valentino
Councilperson Carolyn Grigorov
Councilperson William Lesser
Councilperson Will Burbank
Councilperson Herbert Engman
Councilperson Sandra Gittelman
Councilperson Peter Stein
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 SCLIWC 2004 East Hill RESOLUTION
Trunk and Water Main Project
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WHEREAS, the 'hown Board of the "hown of Ithaca, in conjunction with the Towns of
Dryden, and Lansing and the Villages of Cayuga Heights and Lansing, has determined and agreed to
participate in the construction of a water tank and an extension of water mains to be constructed by
and operated by the Southern Cayuga. Lakc Intermunicipal Water Commission ("SCLIWC") and to
contract indebtedness therefor in accordance with Section 15 of the Local Finance Law pursuant to a
Supplement to Agreement of Municipal Cooperation for Construction, Financing and Operation ofan
Intcrmunicipal Water Supply and Transmission System Relating to 2004 East Hill Tank and Water
Main Project dated as of October 1, 2004 (die "Intenilunicipal Agreement Supplement"); and
WHEREAS, a plan, report and map has been duly prepared in such manner and in such
detail as this Board determines to be necessary, relating to the construction of a water tank on
Hungerford Hill in the Town of Ithaca and construction of additional water transmission mains in part
in connection with such new water tank all to be a part of the SCLIWC water system, and all pursuant
to Article 5-G of the General Municipal Law and relevant provisions of the Town Law and Village
Law, such project to be known and identified as the SCLIWC 2004 East Hill Tank and Water Main
Project, and hereinafter also referred to as "Improvement", to provide improved water storage capacity
and water transmission capabilities for SCLIWC and the system owned in common by the Towns of
Dryden, Itliaca and Lansing and the Villages of Cayuga Heights and Lansing (collectively the
"Municipalities" and sometimes individually the "Municipality"), such Improvement to be constructed
and owned by the Municipalities, and
WHEREAS, the proposed SCLIWC 2004 East Hill Tank and Water Main Project consists of
the improvements set forth below, and as more particularly shown and described in said map, plan and
report presently on file in the Office of the Municipality Clerk; and
WHEREAS, the maximum proposed to be expended for the aforesaid improvement is
$2,200,000.00; and
WHEREAS, the proposed method of financing to be employed for the aforesaid
improvement is issuance by the Municipalities of joint and several serial bonds not to exceed
$1,500,000 and payment of the balance of the costs of said improvement by the expenditure of current
revenues and surplus funds field by SCLIWC; and
WHEREAS, a public hearing for the purpose of considering said plan, report and map, the
providing of said SCLIWC 2004 East Hill "hank and Water Main Project, the authorization of serial
bonds for payment of part of the costs of the Improvement, the expenditure of current revenues and
surplus funds for the balance of the costs of the Improvement, and the amendment of the existing
Agreement of Intermunicipal Cooperation between the Municipalities in relation to such
Improvement was held on the 181h day of October, 2004, all in accordance with applicable provisions
of General Municipal Law, Local Finance Law, and Town Law, at which time all persons interested
in the subject thereof were given an opportunity to be heard; and
WHEREAS, the project liercina ter described 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 (duality Review Act, the implementation of wlieh as
proposed, it has been determined will not result in any significant environmental effects; and
WHEREAS, all other actions precedent to the financing of the capital project hereinafter
described have been performed; and
WHEREAS, it is now desired to authorize the SCLIWC 2004 East Hill "Tank and Water Main
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Project, the execution of tic Intermunicipal Agreement Supplement, and the financing of such capital
project;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Itliaca,
conditional upon die within resolution in substantially the same form being adopted, approved and
made effective by the other member municipalities of' SCLIWC to the extent applicable to such
municipalities, 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 in the Town hereby determined to be benefitted by said SCLIWC 2004 East
Hill Tank and Water Main Project with respect to which the Town Board is authorized to act
is all of the Town of Ithaca outside of the Village of Cayuga Heights.
Section 2. The Town of Ithaca hereby authorizes die SCLIWC 2004 East Hill Tank
and Water Main Project, consisting of construction of a 3,000.000 gallon prestressed concrete
water storage tank and appurtenant facilities on Hungerford Hill in the Town of Ithaca,
construction of 3600 feet of sixteen inch diameter ductile iron pipe and appurtenances
running Irom SCLIWC's existing transmission main on Ellis Hollow Road east of its
intersection with Pine 'free Road easterly along Ellis Hollow Road to its intersection with
Hungerford Hill Road then southerly along Hungerford Hill Road and then southeasterly
across lots to the proposed new storage tank on Hungerford Hill, and construction of a twelve
inch diameter ductile iron water distribution main and appurtenances running northerly from
the intersection of Ellis Hollow Road and Hungerford Hill Road across lots approximately
1500 feet to the vicinity of the Cornell university Athletic Fields located off of Game Farm
Road, all of said actions being authorized pursuant to Articles 12, 12-A, and/or 12-C of the
Town Law and Article 5-G of the General Municipal Law.
Section 3. The Town of Ithaca hereby authorizes the Supervisor, on behalf of the
Town, to execute the Intermunicipal Agreement Supplement pursuant to which the Town
authorizes the SCLIWC 2004 East Hill Tank and Water Main Project, delegates to SCLIWC
the authority to contract for and construct said Project, and agrees to the manner of financing
the same as set forth herein.
Section 4. 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 $2,200,000.00
for the SCLIWC 2004 East Hill Tank and Water Main Project 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 5. There are authorized to be issued in connection with the Project,
$1,500,000 joint serial bonds of the Village of Cayuga Heights, Village of Lansing, Town of
Dryden, Town of Ithaca, and Town of Lansing, all of Tompkins County, New York, pursuant
to the provisions of Section I of Article VIII of the Constitution of the State of New York as
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amended and Title 1 A of the Local Finance Law.
Section 6. $2,200,000.00 is estimated as the maximum cost for Project, and the plan
for the financing of the Project, which plan is hereby authorized, consists of
(a) The issuance of not more than $1,500,000 joint and several serial
bonds as aforesaid, the amount of which is initially estimated to be allocated and
apportioned to each of the municipalities is set forth below; and
(b) Payment from the unreserved fund balance of SCLIWC of the balance
of the remaining costs of such SCLIWC 2004 East Hill Tank and Water Main
Project.
Section 7. For the purposes of Section 15.10 of the Local Finance Law relating to the
allocation of joint indebtedness, the amount of joint indebtedness to be apportioned and
allocated to each of said rhowns and Villages shall be in the same proportion as the
consumption of water from the SCLIWC facility in each of the Towns of Dryden, Ithaca, and
Lansing and the Villages of Cayuga Heights and Lansing shall bear to the total consumption of
water from the SCLIWC water distribution facility, which is estimated to be, and for tine
purposes of determining gross indebtedness of each of said municipalities in their respective
debt statements pursuant to Section 15.10 of line Local Finance Law and therefore the amount
to be allocated for the purpose of ascertaining each of the municipalities debt contracting
powers shall be, as follows:
MUNICIPALITY PERCENTAGE OF DEBT AI.LOCXFED PORTION OF DEBT
'Town of Dryden 4.557 $ 68,65.5.00
Town of Ithaca 44.031 $660,465.00
Town of Lansing 18.186 $272,790.00
Village of Lansing 21.941 $329,11.5.00
Village of Cayuga Heights 11.265 $168,975.00
Nothing in this section shall be deemed to be in conflict with or to supercede the provisions of
this resolution hereinafter set forth relating to the annual apportionment of the amount of
principal and interest oil die bonds herein authorized to be issued as among said Towns and
said Villages, nor the manner of collection and payment of the amounts of annual debt
serviced provided to be apportioned annually by said provisions. The Supervisors of said
"Towns and the Treasurers of said Villages are hereby authorized and directed to act jointly to
snake application to the State Comptroller as appropriate for the allocation and apportionment
of said joint indebtedness in accordance with the provisions of this section and to perform all
acts and furnish all information required in connection with such application.
Section 8. It is hereby deterinined that the period of probable usefulness of the
aforesalid specific objects or purposes is 40 years, pursuant to Subdivision I of Paragraph a of
Section 11.00 of the Local Finance I.aw. It is further determined that the maximum maturity
of the serial bonds herein authorized will exceed live years.
L,
Section 9. The full faith and credit of said Town of Dryden, said Town of Ithaca, said
Town of Lansing, said Village of Cayuga Heights, and said Village of Lansing, all of Tompkins
County, New York, are hereby jointly pledged for the payment of the principal of and interest
on said bonds as the same respectively become due and payable. The principal ofand interest
on said joint bonds shall be apportioned annually among said Towns and said Villages in
accordance with the Intermunicipal Agreement Supplement hereinabove referred to, in the
ratio which die consumption of water from the SCLIWC system in each of said municipalities
bears to the full consumption from the entire SCLIWC water distribution system, such ratio to
be annually determined in accordance with the aforesaid Intermunicipal Agreement
Supplement, the share of said principal and interest to be borne by the aforesaid Towns, shall
be annually assessed, levied and collected within said Towns as follows:
(a) From die several lots and parcels of land in each of the water districts in the Town
of Dryden and in the Town of Lansing, in the manner provided by law.
(b) From the several lots and parcels in tine "Town of Ithaca Town -wide water
improvement area, in the manner provided by law.
The Village of Cayuga Heights shall annually levy and collect a tax sufficient to pay the share of'
said principal and interest to be borne by said Village, as the same may become due and
payable, and the Village of Lansing shall annually levy and collect a tar sufficient to pay die
share of said principal and interest to be borne by said Village, as the same may become due
and payable.
If not paid from die aforesaid sources, all the taxable real property in said "Town of Dryden,
and all the taxable real property in said Town of Ithaca, and all the taxable real property in said
Town of Lansing and all the gable real property in said Village of Cayuga Heights, and all the
Mixable real property in said Village of Lansing shall be jointly subject to the levy of an ad
valorem tax, without limitation as to the rate or amount, sufficient to pay the principal of and
interest on said bonds as the same become due and payable.
Section 10. Subject to the provisions of the Local Finance Law and this section, the
power to authorize the issuance of and to sell joint bond anticipation notes in anticipation of
the issuance and sale of the joint serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor of the Town of Ithaca, the Chief Fiscal Officer of
said Town, acting on behalf of the chief fiscal officers of the Towns of Dryden and Lansing
and the Villages of Cayuga Heights and Lansing. Such joint bond anticipation notes shall be of
such terms, form and contents, and shall be sold in such manner as may be prescribed by a
bond anticipation note certificate, as authorized by Section 30.00 of the Local Finance Law;
provided, however, that any bond anticipation notes so issued shall be die joiiht indebtedness of
said "Towns and said Villages and shall be executed in die names of 'Town of Dryden, tine
Town of Ithaca, the Town of' Lansing, the Village of Cayuga Heights and the Village of
Lansing, and shall be signed by the Supervisor of the Town of Dryden on behalf of said Town
and shall have affixed thereto the seal of the Town of Dryden, attested by the Town Clerk of'
scud "Town, shall be sighed by the Supervisor of the Town of Ithaca on behalf of' spud Town
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and shall have affixed thereto the seal of the Town of Ithaca attested by die Town Clerk of said
Town said Supervisor, shall be signed by the Supervisor of the Town of Lansing on behalf of
said Town and shall have affixed thereto the seal of the Town of Lansing, attested by die Town
Clerk of said Town, shall be signed by the "Treasurer of the Village of Cayuga Heights on
behalf of said Village and shall have affixed thereto die seal of die Village of Cayuga Heights,
attested by the Village Clerk of said Village, and shall be signed by the Treasurer ofthe Village
of Lansing on behalf of said Village and shall have affixed thereto the seal of die Village of
Lansing, attested by the Village Clerk of said Village. The chief fiscal officer of the Town of'
Ithaca to whom is hereby delegated the power to authorize the issuance of and to sell such
joint bond anticipation notes, shall file an executed copy of each such bond anticipation note
certificate with the finance board of each of the aforesaid municipalities prior to die issuance of
the bond anticipation note or notes authorized by such certificate.
Section 11. The validity of such joint serial bonds and joint bond anticipation notes
may be contested only if:
1. Such joint bonds are authorized for an object or purchase for which said Towns or
said Villages are not authorized to expend money, or
2. The provisions of law which should be complied with at the dale of publication of
this resolution are not substantially complied Midi,
and an action, suit or proceeding contesting sudh validity is commenced witlun 20 days alter
the dale of publication, or
3. Suchh joint bonds are authorized in violation of the provision of the Constitution.
Section 12. t Tpon die adoption of this resolution by each of die aforesaid Towns and
the aforesaid Villages, and the publication dhcreof with die notice provided for herein, the
Clerks of each such Town and each such Village shall file with die Clerk of each of the other
Towns and of the Villages, a certified copy of this resolution and a printer's affidavit or
affidavits , as the case may be, of publication thereof with the required noticed or notices, as
the case may be.
Section 13. Pursuant to Section 15.00(m) of the Local Finance Law, the powers and
duties of advertising such joint bonds for sale, conducting the sale and awarding the bonds, arc
hereby delegated to the Supervisor of the Town of Ithaca, "Tompkins County, New York, who
on her own behalf and on behalf of the chief fiscal officers of the Towns of Dryden and
Lansing and the Villages of Cayuga Heights and Lansing, shall advertise such bonds for sale,
conduct the sale, and award the bonds in such manner as she shall deem best for the interests
of the aforesaid Towns and Villages, provided, however, that in the exercise of these delegated
powers, she sliall 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 said
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.
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Section 1 4. All other matters, except as provided herein relating to sucli joint bonds,
including determining whether to issue such joint serial bonds having substantially level or
declining debt service and all matters related thereto, prescribing die 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, the date, denominations, maturities and interest
payment dates, place or places of payment, shall be determined by said Supervisor on behalf
of the chief fiscal officers ol' the Towns of Dryden, Ithaca, and Lansing, and the Villages of
Cayuga Heights and Lansing. It is hereby determined that it is to the financial advantage of the
issuers not to impose and collect from registered owners of such serial bonds any charges for
mailing, slipping 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 tlhe Local Finance Law, as said Town Supervisor shall determine. Said bonds shall be
signed in the name of each Town and Village by the manual signature of each respective chief
fiscal oflicer and a facsimile or original of tlhe corporate seal of each Town and Village shall be
imprinted thereon and shall be attested by the manual signatures of each respective Town or
Village Clerk.
Section 15. Pursuant to Local Finance Law Section 15, the Supervisor of the'Town of
Ithaca is designated as the chief fiscal officer to maintain the records relating to the joust bonds,
the paying agent on the bonds, and the registration agent if she does not appoint such an agent
pursuant to the authority granted elsewhere in dus resolution.
Section 16. Any obligation issued under authority of tlus resolution shall contain on it's
face a recital in substantially the following fonni: "This obligation evidences the joint
indebtedness of the Town of Ithaca, Tompkins County, New York, the Town of Dryden,
"Tompkins County, New York, the 'Town of Lansing, Tompkins County, New York, tine
Village of Cayuga Heights, Tompkins County, New York, and the Village of Lansing,
"Tompkins County, New York."
Section 17. This resolution sliall constitute a statement of ollicial intent for purposes
of'Treasury Regulations Section 1.1 50-1. Other than as specified in tlris resolution, no moneys
arc, 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 18. SCLIWC is hereby authorized to pay, out of unreserved surplus, the costs
of' tile SCLIWC 200/1 East Hill'Tank and Water Main Project in excess of the bond proceeds
authorized by this resolution, provided, however, the maximum cost of said project does not
exceed the maximum authorized in this resolution.
Section 19. It is hereby determined that the Town's share of the estimated expense of
the aforesaid improvement does not exceed 1I1 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
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State Comptroller is not required for such improvement.
Section 20. 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 a copy of this
resolution, or 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 21. 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 22. 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 23. 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 24. This resolution is adopted subject to a permissive referendum pursuant to
Town Law Article 12, 12-A and/or Article 12-C, and Local Finance Law Section 35.
The question of adoption of the foregoing resolution was, upon motion made by Supervisor
Valentino, and seconded by Councilperson Grigoorov, duly put to a vote on a roll call, which resulted
as follows:
Supervisor Valentino
Councilperson Grigorov
Councilperson Lesser
Councilperson Burbank
Councilperson Engman
Councilperson Gittelman
Councilperson Stein
The order was thereupon declared duly adopted.
Voting
Aye
Voting
Ave
Voting
Aye
Voting
Nay
Voting
Nay
Voting
Aye
Voting
Nay
I HEREBY CER I It r n 1A i 1 HL i OREGOING IS A
TRUE COPY OF A RESOLUTION ADOPTED BY THE
TOWN BOARD OF THE TOWN OF ITHACA,
TOMPKINS COUNTY, NEW YORK, ON THE_?
DAY OF _ILl'.: ✓ef -" ! 1 r_ r 20 2 AND IS
THE,WHgLE OF THE SAMF�
titf
Date Deputy Town Clerk