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Home My WebLink About571632-001Q�,ns Aurora R. Valenti o TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax- (607) 274-5445 No of Pages 4 Delivered By - (including this ITHACA TOWN OF coverpage) Receipt No. 571632 Return To: ITHACA TOWN OF Date 02/17/2011 Time: 03:35 PM Document Type: MISC RECORDS Instrument Number *571632-001 * Parties To Transaction: HECTOR ST JOINT INTERCEPTOR REPL4CE Town/City. Deed Information Mortgage Information Taxable Consideration: Taxable Mortgage Amount: State Transfer Tax: County Transfer Tax: RETT No.: State of New York Tompkins County Clerk Basic Mortgage Tax: Special Mortgage Tax: Additional Mortgage Tax: Local Mortgage 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. Tompkins County Clerk Please do not remove this page. kECEIV Olt-11 F 17 F'3: 5 TB Resolution No. 2010-236 At the Year -End Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 30th day of December, 2010, at 10:05 o'clock A.M., Prevailing Time. PRESENT: Herbert Engman, Supervisor; Councilpersons Bill Goodman, Pat Leary, Tee Ann Hunter, Susan Riha and Rich DePaolo In the Matter of A Proposed Sewer Improvement for the PUBLIC Town of Ithaca, Tompkins County, New INTEREST York, pursuant to Article 12-C of the Town ORDER Law, to be known as the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement. WHEREAS, a plan, report and map, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore 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 Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement, and hereinafter also referred to as the "Improvement," to provide such sewer Improvement including extensions, to the present Town sewer improvement, such sewer system Improvement constructed and owned by the Town of Ithaca, and WHEREAS, after said plan, report and map, including estimate of cost, were prepared by a competent engineer, duly licensed by the state of New York, and filed in the office of the Town Clerk, the said Town Board did, on December 13, 2010, duly adopt an Order reciting the Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a plan, map and report describing the same are on file in the Town Clerk's office for public inspection, and specifying that said Town Board shall meet at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, on the 301h day of December, 2010 at 10:05 AM Prevailing Time, for the purposes of conducting a public hearing on such proposal to provide said Improvement, and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, copies of said Order were duly published and posted according to law, and said Town Board did, at the time and place specified in said Order, duly meet and consider such proposal and held a public hearing in which it heard all persons interested in the subject thereof, who appeared at such time and place, concerning the same, and WHEREAS, the Town Board now desires to authorize the Improvement based on the evidence offered at such time and place, and WHEREAS, at its Year -End Meeting on December 30, 2010, the Town Board determined approval, construction and implementation of the Improvement, which is 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, will not result in any significant adverse environmental effects; NOW, THEREFORE, BE IT RESOLVED, by the Town Board that it be and hereby is determined as follows: (1) The notice of hearing was published and posted as required by law and is otherwise sufficient. (2) That all of the property within the proposed benefited area is benefited by the proposed Improvement. (3) That all of the property benefited is included within the proposed benefited area. (4) That the proposed method of apportioning the costs of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement in the area of the Town described as follows and as more particularly shown and described in said plan, report and map presently on file in the office of the Town Clerk: This project consists of replacing approximately 959 feet, of 6" and 8"clay tile, with 12" PVC, of the jointly -owned sanitary sewer interceptor along Hector Street starting; at the intersection with Sunrise Road and extending north until a manhole in front of house #417, in the City of Ithaca, New York, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca Hector St. Joint Interceptor Replacement Sewer Improvement is all of that portion of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that all of the allocable costs of said Improvement shall be borne wholly by property within the Town of Ithaca sewer improvement benefited area, being the entire area of the Town outside of the Village of Cayuga Heights, and be it FURTHER RESOLVED, that the maximum proposed to be expended by the Town of Ithaca for the Improvement, including costs of rights of way, construction costs, legal fees and other expenses, is $ 99,876.71, which shall be financed as follows: The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from sewer rents and charges from the Town of Ithaca sewer system benefited area, and be it FURTHER RESOLVED, that this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q, and be it FURTHER RESOLVED, that the expense of the ,aforesaid Improvement does not exceed one -tenth of one per cent 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(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement, and b; it FURTHER RESOLVED, that 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 Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the date this Order becomes effective pursuant to Town Law Section 91, 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 The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Ayes: Herb Engman, Susan Riha, Bill Goodman and Pat Leary Nays: Tee -Ann Hunter and Rich DePaolo The Order was thereupon declared duly adopted. 3