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Home My WebLink About469821-001Aurora 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. 469821 DATE: 03/14/2005 Time: 12:00 PM Document Type: MISC RECORDS Parties To Transaction: RESOLUTION Deed Information Consideration: Transfer Tax: RETT No: INSTRUMENT NUMBER *469821-001* Delivered By: TOWN OF ITHACA Return To: TOWN OF ITHACA BOX 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 111111111111111111111111111111111111111111111111111111111111 REGULAR MEETING OF THE ITHACA TOWN BOARD MONDAY, MARCH 7, 2005 TB RESOLUTION NO. 2005-042: PUBLIC INTEREST ORDER AND RESOLUTION: In the Matter of Authorizing an Increase in Costs of Providing a Proposed Water Improvement to be Known as the Town of Ithaca 2004 South Hill Water Transmission Main Improvement Project in 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, the Town Board of the Town of Ithaca on August 3, 2004, authorized, subject to a permissive referendum, the expenditure of up to $500,000 for the construction of the Town of Ithaca 2004 South Hill Water Transmission Main Improvement; and WHEREAS, no referendum was requested, and accordingly the Town solicited and received bids for the project and began construction; and WHEREAS, in the course of construction unexpected amounts of rock were found and unexpected costs were incurred in the course of obtaining easements for the project which, when taken together, suggest the cost of the project will exceed the prior authorized amount of $500,000; and WHEREAS, rather than reduce the scope of the project, and in order to provide for a reasonable contingency in the event unforseen circumstances arise during the progress of construction that would require additional funds, the Town Board believes it advisable to increase by $25,000.00 the maximum authorized expenditure for the project, making a total authorized expenditure of $525,000.00 for such project; and WHEREAS, a supplement to the plan, report and map prepared by Daniel Walker, Professional Engineer, relating to the increase in the cost of such improvement, 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 RSOLUTION NO. 2005-042 PAGE 2 WHEREAS, the area of said Town determined to be benefitted by said 2004 South Hill Water Transmission Main Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the Town Board of the Town of Ithaca duly adopted an order on November 7, 2005, calling a public hearing to consider the authorization of the expenditure of the increased amounts for the Improvement, 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 atthe time aforesaid and all persons interested in the subject thereof were heard concerning the same; and WHEREAS, the Improvement was previously determined to be an "Unlisted Action" pursuant to the laws and regulations of the Town of Ithaca adopted pursuant to the State Environmental Quality Review Act and the regulations of the New York State Department of Environmental Conservation promulgated thereunder, the implementation of which as proposed, the Town Board determined on August 3, 2004, would not result in any significant environmental effects; and WHEREAS, the scope and nature of the project has not changed from that which existed at the time of the negative determination of environmental significance, only the cost, and thus the increase in the expenditure for the project does not result in any change that would require additional environmental review; and WHEREAS, it is now desired to authorize the increase in expenditures for the 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 improvement hereinafter described at the increased cost hereinafter set forth, and such water improvement at such increased cost is hereby authorized. The proposed area hereby determined to be benefitted by said Town of Ithaca 2004 South Hill Water Transmission Main 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 4,000 feet of 16-inch ductile iron pipe water main running from the Town's existing main on Danby Road across Ithaca College property east of Danby Road crossing Coddington Road and across the Therm property to the existing pump station at Pearsall Place, together with related controls and other structures. 2 TB RSOLUTION NO. 2005-042 PAGE 3 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 an increase in the expenditure by the Town for the cost of such previously authorized Improvement of $25,000, making the total maximum expenditure authorized for the cost of such Improvement $525,000 for the construction, installation, and equipping of such project and the payment of all costs incident thereto, including architects 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. $525,000 is now estimated as the maximum cost for the Project. The plan for the financing of the Project is amended to consist of (a) As previously authorized, the issuance of General Obligation Serial Bonds of the Town in the principal sum of not more than $500,000.00, to be issued pursuant to the Local Finance Law for a portion of the costs of the Project; and (b) Payment from budgeted revenues and from surplus funds of the Town of Ithaca Water Benefitted Area fund for the balance of the remaining costs of such Project. Section 5. The Town Board reaffirms the findings, determinations, commitments, obligations, authorizations, and delegations set forth in Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of the Town Board's resolution of August 3, 2004, originally authorizing the expenditure of funds for such Project. Section 6. Within 10 days after the adoption of this resolution and public interest order 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 7. If no referendum is requested, or if requested, a referendum is held and the referendum approves the resolution, if required by law, 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 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. TB RSOLUTION NO. 2005-042 PAGE 4 Section 9. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q and, to the extent applicable, Local Finance Law Section 35. The question of adoption of the foregoing resolution and public interest order was, upon motion made by Supervisor Valentino, and seconded by Councilman Stein, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Voting ave Councilperson Grigorov Voting ave Councilperson Lesser Voting aye Councilperson Burbank Voting aae Councilperson Engman Voting ave Councilperson Gittelman Voting ave Councilperson Stein Voting acre 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 11