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,
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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
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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
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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.
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