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HomeMy WebLinkAbout469777-001Aurora 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. 469777 DATE: 03/11 /2005 Time: 01:35 PM Document Type: MISC RECORDS INSTRUMENT NUMBER *469777-001* Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA Parties To Transact on: PUBLIC INTRESRT ORDER Deed Information Consideration: Transfer Tax: RETT No: State of New York Mortnage Information Mortgage Amount Basic Mtge. Tax: Special Mtge. Tax: Additional Mtge. Tax: 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 11111111111111111111111111111111111111111111111111111111111 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, MARCH 7, 2005 TB RESOLUTION NO. 2005-040: PUBLIC INTEREST ORDER: In The Matter of the Providing of a Proposed First Street Interceptor Project For Conveyance of Town Waste Water From The Town of Ithaca to the Joint Sewage Treatment Plant to Be Known as the Joint First Street Interceptor Project For the Town of Ithaca, Tompkins County, New York 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 7th day of March, 2005, 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 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 sewer system improvements to be known and identified as the Joint First Street Interceptor Project, and hereinafter also referred to as "improvement", to provide a sewer interceptor to transport waste water from the Town of Ithaca to the present sewage treatment plant in the City of Ithaca managed jointly with the Town of Ithaca providing sewage treatment services for the Town -wide sewer improvement, such sewer system improvement to be constructed and owned by the Town of Ithaca and the City of Ithaca; and WHEREAS, said plan, report and map have been prepared by Lawrence Fabbroni and Daniel Walker, competent engineers 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 Joint First Street Interceptor Project consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights; and WHEREAS, the proposed Joint First Street Interceptor Project consists of the sewer improvements set forth below, as more particularly shown and described in said map, plan and report presently on file in the Office of the Town Clerk; and TB RESOLUTION NO. 2005-040 PAGE 2 WHEREAS, the maximum proposed to be expended for the aforesaid improvement is $1,925,000 of which the Town of Ithaca's share is not to exceed $800,000. The proposed method of financing the Town's share to be employed by said Town of Ithaca consists of payment of said Town's share out of the surplus funds and current revenues in the Town of Ithaca Sewer System Benefitted Area Fund; and WHEREAS, the implementation of this project will be through a joint agreement or memorandum of understanding with the City of Ithaca; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on November 6, 2005, calling a public hearing to consider the aforesaid plan, report and map and the question of providing of said Joint First Street Interceptor Project and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law, 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 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 Joint First Street Interceptor Project; 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 make the sewer improvement hereinafter described and such sewer improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Joint First Street Interceptor Project is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section 2. The proposed improvement shall consists of Construction and installation of approximately 6000 lineal feet of 24" PVC gravity sewer pipe starting at the existing trunk sewer at the intersection of First Street and Adams Street in the City of Ithaca and running southerly along First Street, then east on Cascadilla Street, then easterly along Cascadilla Avenue, then south on 2 TB RESOLUTION NO. 2005-040 PAGE 3 Aurora Street to the intersection with Columbia Street, together with associated controls, fittings, valves, and other appurtenances. 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 $800,000, as the Town's share of the jointly funded project cost of $1,925,000 for the construction, installation, and equipping of such project and the payment of all costs incident thereto, including engineering fees, construction costs, consulting fees, attorneys fees, bidding costs and any other related costs, all of said actions being hereinafter collectively referred to as the "Project" and all of such actions being authorized pursuant to Section 209-q of the Town Law. Section 4. $1,925,000 is estimated as the maximum cost for Project and $800,000 is estimated as the maximum amount of the Town's share of the cost of the Project. The plan for the financing of the Town's share of the costs of the Project consists of payment from surplus funds of the Town of Ithaca Sewer Benefitted Area Account to pay for the costs of such Project. Section 5. The Town Supervisor is authorized to execute a memorandum of understanding with the City of Ithaca governing the processes for the construction and payment by the Town of its share of the cost of the Joint First Street Interceptor Project. 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 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. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1/10th 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 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. Section 10. Within 10 days after the adoption of this resolution by the Town TB RESOLUTION NO. 2005-040 PAGE 4 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 was, upon motion made by Councilwoman Gittelman, and seconded by Councilwoman Grigorov, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting aye Councilperson Grigorov Voting aye Councilperson Lesser Voting aye Councilperson Burbank Voting aye Councilperson Engman Voting aye Councilperson Gittelman Voting aye Councilperson Stein 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 March 7, 2005. Tee -Ann Hunter, Town Clerk HLDY ul-hIIt r iJiAI if t I,(SLGOING I, H I RUE COPY OF A RESOLUTION ADOPTED BY THE TOWN BOARD OF THE TOWN OF ITHACA, �J TOMPKINS UNTY EW YORK, ON THI,, DAY OF VL� 200S AND IS THE W OL.F OF THE S Da e Glerk�D uty T n Clerk 11