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HomeMy WebLinkAbout572512-001C Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 t * ` (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 6 Delivered By: (including this cover page) ITHACA TOWN OF Receipt No. 572512 Return To: ITHACA TOWN OF Date: 03/11 /2011 Time- 02:40 PM Document Type: MISC RECORDS Instrument Number *572512-001* Parties To Transaction: ITHACA AREA WASTEWATER TREATMENT FAC 11, ITy Town/City: Deed Information Mortgage Information Taxable Consideration. State Transfer Tax: County Transfer Tax: RETT No State of New York Tompkins County Clerk Taxable Mortgage Amount: 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. (�'� e rL- t­ Clerk Please do not remove this; page. TB Resolution No. 2011-030 At a .Regular 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 7th day of February, 2011, at 5:30 o'clock P.M., Prevailing Time. PRESENT: Supervisor Herbert Engman, Councilpersons: William Goodman, Patricia Leary, Eric Levine, Richard DePaolo, Tee -Ann Hunter and Nahmin Horwitz. In the Matter of A Proposed Sewer Improvement in the AMENDED PUBLIC Town of Ithaca, Tompkins County, New INTEREST ORDER York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility. 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 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility, 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 to be 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 proposed 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 30`h day of December, 2010 at 10:10 A.M. 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, 2 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. area. (3) That all of the property benefited is included within the proposed benefited (4) That the proposed method of apportioning the casts of the Improvement should not be changed. (5) It is in the public interest to authorize, establish, and make the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility as hereinafter described, and be it FURTHER RESOLVED, that the Town Board does hereby approve, authorize and establish the Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility 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: The 2010 Energy Improvements Project involves the replacement of obsolete, inadequate, damaged, destroyed and worn out apparatus and equipment and the acquisition of additional apparatus and equipment, together with related ancillary facilities, at the Ithaca Area Wastewater Treatment Facility, and consists of the improvements set forth below and as 3 more particularly shown and described in said plan and report presently on file in the office of the Town Clerk: (i) Lighting systems modifications, and (ii) Installation or upgrades to energy management systems, and (iii) Energy efficiency improvements to the building envelope and HVAC systems, and (iv) Replacement of the digester mixing equipment, cogeneration facility, heat exchanging equipment, boilers and aeration blowers and dissolved oxygen control systems, and be it FURTHER RESOLVED, that the area hereby determined to be benefited by said Town of Ithaca 2010 Energy Improvements Project Sewer Improvement for the Ithaca Area Wastewater Treatment Facility 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 $ 3,100,362, which shall be financed as follows: Ithaca Area Wastewater Treatment Facility co-owner City of Ithaca will issue bonds to pay for the City of Ithaca's share of energy improvements at the Facility as well as for the Town of Ithaca's Improvement. The Town of Ithaca will not co -issue or be liable on the 4 bonds. The Town of Ithaca will reimburse the City of Ithaca through a contract between the City of Ithaca and the Town of Ithaca. The Town ol- Ithaca's contractual payments to the City of Ithaca will be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca sewer system benefited area which are deemed benefited by said Improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the Improvement shall confer upon the same, 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 permission of the State Comptroller is not required because the Town of Ithaca does not propose to finance the cost of the Improvement by the issuance of bonds, notes, certificates, or other evidences of indebtedness of the Town, and be 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: Supervisor Herbert Engman, Aye; Councilpersons: William Goodman, Aye; Patricia Leary, Aye; Eric Levine, Aye; Richard DePaolo, Aye; Tee -Ann Hunter, Aye; and Nahmin IIorwitz, Aye. The Order was thereupon declared duly adopted. 5