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HomeMy WebLinkAbout470402-001Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax: 607-274-5445 No. of Pages: 6 Receipt No. 470402 DATE: 03/24/2005 Time: 03:02 PM Document Type: MISC RECORDS INSTRUMENT NUMBER *470402-001* Delivered By: ITHACA TOWN OF Return To: ITHACA TOWN OF Parties To Transaction: PUBLIC INTEREST ORDER Deed Information Consideration: Transfer Tax: RETT No: State of New York Tompkins County Clerk Mort -gage 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 11111111111111111111111111111111111111111111111111111111111 SPECIAL MEETING OF THE ITHACA TOWN BOARD MONDAY, MARCH 15, 2004 TB RESOLUTION NO. 2004-058: PUBLIC INTEREST ORDER AND BOND RESOLUTION, In The Matter of the Proposed Phosphorus Removal Project for the Sewage Treatment Plant in The City of Ithaca Serving the Town of Ithaca to be known as the Joint Sewage` Treatment Plant Phosphorus Removal Improvement Project for the Town of Ithaca, Tompkins County, New York Pursuant to Article 12-c of The Town Law At a special 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 March, 2004, at 7:00 o'clock p.m. prevailing time. PRESENT: Supervisor Catherine Valentino Councilperson Carolyn Grigorov Councilperson William Lesser Councilperson Will Burbank Councilperson Herbert Engman Councilperson Peter Stein ABSENT: Councilperson Sandra Gittelman WHEREAS, the Town Board of the Town of Ithaca by Public Interest Order adopted on June 9, 2003, authorized, subject to a permissive referendum, the expenditure of up to $1,681,800.50 as the Town's contribution towards the $4,115,000 cost of constructing a phosphorus removal facility at the joint sewage treatment plant in the City of Ithaca managed by the City jointly with the Towns of Ithaca and Dryden (the "Joint Sewage Treatment Plant Phosphorus Removal Improvement Project" sometimes also referred to as the "Improvement") which Improvement is more fully described in the Public Interest Order adopted June 9, 2003, which description is incorporated into this resolution as if fully set forth herein; and WHEREAS, thereafter on September 22, 2003, the Town Board authorized, again subject to a permissive referendum, an increase in the total project cost of $333.500 and an increase in the Town's share of $136,301.45 as a result of the receipt of bids in amounts in excess of the previously budgeted construction costs; and WHEREAS, no referendum was requested with respect to either of said authorizations; and WHEREAS, after receipt of the bids, the Town was unwilling to contract for the project until the State of New York and provided adequate evidence of the funds it was going to provide for the project, which evidence was not received until after the 45 day period in which the bids needed to be accepted; and WHEREAS, the lowest responsible bidder is unwilling now execute a contract at its bid price and it has become necessary to rebid the project; and WHEREAS, the Engineering reports and estimates indicate there is a need to further increase the overall project estimate by $1,057,672 to a total cost of $5,506,172 to cover anticipated additional costs and contingencies resulting from the re -bidding; and WHEREAS, as a result of the increase in the overall cost of the project, the Town's share of such costs would increase by $431,898.05 to a total cost of $2,250,000.00; and WHEREAS, a supplement to the plan, report and map prepared by Stearns and Wheler, Professional Engineers, 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 a further supplement to such Stearns an Wheler report has been similarly prepared and filed by Daniel Walker, Professional Engineer, setting forth further information pertaining to such increase; and, WHEREAS, the area of said Town determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project 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 March 1, 2004, 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 applicable provisions of the General Municipal 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 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 June 9, 2003, 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 sewer improvement at such increased cost is hereby authorized. The proposed area hereby determined to be benefitted by said Joint Sewage Treatment Plant Phosphorus Removal Improvement Project is all of the Town of Ithaca outside of the Village of Cayuga Heights. Section 2. The Improvement shall consist of construction and installation of a tertiary high rate settling process and associated reinforced concrete structure on piles at the end of the current process stream, adjacent to the final effluent channel at the sewage treatment plant located at 525 Third Street, Ithaca, New York, operated jointly for the benefit of the City of Ithaca and the Towns of Ithaca and Dryden, together with associated controls, piping, 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 an increase in the expenditure by the Town for its share of the cost of such previously authorized Improvement of $431,898.05, making the total maximum amount authorized to be paid by the Town towards the cost of such Improvement $2,250,000.00, as the Town's share of the jointly funded project cost of $5,506,172.00 for the construction, installation, and equipping of such 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" and all of such actions being authorized pursuant to Section 209-q of the Town Law. Section 4. $5,506,172 is now estimated as the maximum cost for Project and $2,250,000.00 is estimated as the maximum amount of the Town's share of the cost of the Project. Section 5. The plan for the financing of the Town's share of the costs of the Project consists of the issuance of General Obligation Bonds of the Town in the principal sum of not more than $2,250,000, to be issued pursuant to the Local Finance Law for costs of the Project, the issuance of which bonds is hereby authorized subject to the approval of the voters of the Town of Ithaca if a referendum related to such issuance or Project is requested. Section 6. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is 40 years, pursuant to Subdivision 4 of Paragraph a of Section 11.00 of the Local Finance Law. It is further determined that the maximum maturity of the serial bonds herein authorized will exceed five years_ Section 7. The full faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on said bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall be annually apportioned and assessed upon the several lots and parcels of land especially benefitted by the improvement in proportion to the amount of benefit which the improvement shall confer upon the same, an amount sufficient to pay the principal and interest on such bonds as the same become due and payable. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due, the Town Board shall direct that surplus moneys not otherwise appropriated be applied. Section 8. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Ithaca, New York, by the manual or facsimile signature of its Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk. Section 9. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, he or she shall 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 the 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. Section 10. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of, and to sell, bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 11. All other matters, except as otherwise specifically provided herein, relating to such bonds, including determining whether to issue such serial bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the 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 (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town of Ithaca not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping 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 the Local Finance Law, as the Town Supervisor shall determine. Section 12. The Supervisor is hereby delegated the authority to designate, on behalf of this Board, any bond issued pursuant to this Public Interest Order and Bond Resolution to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3)(B) of the United States Internal Revenue Code of 1986 as amended from time to time. Section 13. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no moneys are, 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 14. The validity of such bonds may be contested only if: 1. Such bonds are authorized for an object or purchase for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of publication, or 3. Such bonds are authorized in violation of the provision of the Constitution. Section 13. It is hereby determined that the estimated expense of the aforesaid improvement exceeds 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 Town Supervisor, with the assistance of the Town Engineer and the Attorney for the Town, is authorized and requested to seek the permission of the State Comptroller for such improvement, and no bonds are to be issued until such approval is received. Section 15. 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 16. 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 17. 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 18. 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 19. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 209-q and Local Finance Law Section 35. The question of adoption of the foregoing resolution and public interest order was, upon motion made by Councilperson Lesser, and seconded by Councilperson Engman, duly put to a vote on a roll call, which resulted as follows: Supervisor Valentino Councilperson Grigorov Councilperson Lesser Councilperson Burbank Councilperson Engman Councilperson Stein Voting Ave Voting Aye Voting Aye Voting Ave Voting Aye Voting Ave 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 15, 2004. Tee -Ann Hunter, Town Clerk