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HomeMy WebLinkAbout575115-001Aurora R. Valenti Instrument Number `Ns-Co *575115-001 TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 * * ' (607) 274-5431 Fax: (607) 274-5445 No. of Pages: 5 Delivered By: (including this ITHACA TOWN OF coverpage) Receipt No. 575115 Return To: ITHACA TOWN OF Date: 05/12/2011 Time: 01:09 PM Document Type: MISC RECORDS Parties To Transaction: EAST SHORE DRIVE Tow n/City: Deed Information Mortgage Information Taxable Consideration: Taxable Mortgage Amount: State Transfer Tax: Basic Mortgage Tax: County Transfer Tax: Special Mortgage Tax: RETT No.: Additional Mortgage Tax: Local Mortgage Tax: 1 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. t , ClerkTompkins County 7/ease do not remove this page. TB RESOLUTION No. 2011-054 At a special 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 51h day of April, 2011. PRESENT: Herb Engman, Supervisor; Bill Goodman, Councilman; Eric Levine, Councilman; Tee -Ann Hunter, Councilwoman; Pat Leary, Councilwoman; and Nahmin Horwitz, Councilman In the Matter of A Proposed Water Improvement in the Town of AMENDED PUBLIC Ithaca, Tompkins County, New York, pursuant to INTEREST ORDER Article 12-C of the Town Law to be known as the East Shore Drive Water Improvements. WHEREAS, a map, report and plan, 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 water system improvements to be known and identified as the Town of Ithaca East Shore Drive Water Improvements, and hereinafter also referred to as "improvement," to provide such water improvement including extensions, to the present Town water improvement, such water system improvement to be constructed and owned by the Town of Ithaca, and WHEREAS, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the area of said Town determined to be benefited by said Town of Ithaca East Shore Drive Water Improvements consists, of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and WHEREAS, the proposed improvement consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map, plan and report presently on file in the office of the Town Clerk: Construction and installation of approximately 6,000 feet of new 12-inch Ductile Iron Pipe (DIP) water main along the east side of East Shore Drive commencing from the intersection of Renwick Place and Lake Street, then extending north to the intersection of Remington Road and East Shore Drive, and continuing north along East Shore Drive to the Town of Ithaca/Town of Lansing municipal boundary. The improvement also includes an 8-inch Polyethylene water main loop serving the lake houses from Number 916 to Number 940, along with multiple service lines serving the remaining houses in the Town along East Shore Drive. The improvement also includes the construction of a pressure regulating station consisting of a pre -cast concrete building, pressure regulating valves and related piping to be located on Remington Road, and ancillary facilities, and WHEREAS, the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $2,500,000. The proposed method of financing to be employed by said Town of Ithaca consists of temporary financing under a bond anticipation note, and upon 1 A maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed forty years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca water 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 WHEREAS, the aforesaid improvements have been determined to be 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, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and WHEREAS, the Town Board of the Town of Ithaca duly adopted an Order on December 21, 2009 calling a public hearing upon said plan, report and map including an estimate of cost and the question of providing water supply improvements to be known as the Town of Ithaca East Shore Drive Water Improvements, such public hearing to be held on the 1 lth day of January, 2010, at 6:20 o'clock P.M. Prevailing Time, at the Town Hall, 215 North Tioga Street, in Ithaca, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; 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, it is now desired to authorize the improvement to be known as the Town of Ithaca East Shore Drive Water Improvements; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Town of Ithaca East Shore Drive Water Improvements and to make the water improvement hereinafter described and such water improvement is hereby authorized. The area hereby determined to be benefited by said Town of Ithaca East Shore Drive Water Improvements is all of that portion of the Town of Ithaca outside of the Village of Cayuga Heights. Section 2. The improvement consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map, plan and report presently on file in the office of the Town Clerk: Construction and installation of approximately 6,000 feet of new 12-inch Ductile Iron Pipe (DIP) water main along the east side of East Shore Drive commencing from the intersection of Renwick Place and Lake Street, then extending north to the intersection of Remington Road and East Shore Drive, and continuing north along East Shore Drive to the Town of Ithaca/Town of Lansing municipal boundary. The improvement also includes an 8-inch Polyethylene water main loop serving the lake houses from Number 916 to Number 940, along with multiple service lines serving the remaining houses in the Town along East Shore Drive. The improvement also includes the construction of a pressure regulating station consisting of a pre -cast concrete building, pressure regulating valves and related piping to be located on Remington Road, and ancillary facilities. The maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $2,500,000. The proposed method of financing to be employed by said Town of Ithaca consists of temporary financing under a bond anticipation note, and upon maturity of the bond anticipation note, the issuance of serial bonds of said Town of Ithaca to, mature in annual installments over a period not to exceed forty years, such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca water system benefited area which are deemed benefited by said improvement, so much 2 �C-N upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same. Section 3. It is hereby determined that the estimated expense of the aforesaid improvement exceeds 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 required for such improvement. The Town Clerk be and hereby is authorized and directed to file a certified copy of this Amended Order in the office of the State Department of Audit and Control, at Albany, New York, together with an application in the form prescribed by said State Comptroller for the approval of the State Comptroller to the providing of the aforesaid improvement, within 10 days after the adoption of this Amended Order. The Town Supervisor be and hereby is authorized and directed to execute said application on behalf of the Town. Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Towri Clerk is hereby directed and ordered to cause a certified copy of this Amended Order to be duly recorded within ten days of the receipt of notification of the approval of the State Comptroller 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 5. It is hereby further determined that all of the allocable cost of the aforesaid improvement shall be borne wholly by property within the Town of Ithaca water improvement benefited area, being the entire area of the Town outside of any village. Section 6. This Amended Order is adopted subject to permissive referendum. Section 7. The Town Board hereby rescinds the Public Interest Order it adopted for the proposed improvement on January 11, 2010 (Town Board Resolution 2010-008) and the Amended Public Interest Order it adopted on August 9, 2010 (Town Board Resolution 2010- 146), which Orders never became effective due to procedural irregularities. The question of the adoption of the foregoing Amended Order was duly put to a vote on roll call, which resulted as follows: Herb Engman, Supervisor -Aye; Bill Goodman, Councilman - Aye; Eric Levine, Councilman- Aye; Tee -Ann Hunter, Councilwoman - Aye; Pat Leary, Councilwoman - Aye; and Nahmin Horwitz, Councilman — Aye The Amended Order was thereupon declared duly adopted. OR 3 CERTIFICATION FORM STATE OF NEW YOR-K ) ) ss.: COUNTY OF TOMPKINS ) I, the undersigned Clerk of the Town of Ithaca, Tompkins County, New York (the "Issuer"), DO HEREBY CERTIFY: 1. That meetings of the Issuer were duly called, held and conducted on the 11th day of January, 2010 (public hearing) and 5th day of April, 2011 (adoption of Amended Public Interest Order). 2. That such meetings were a regular and special meeting, respectively. 3. That attached hereto is a proceeding of the Issuer which was duly adopted at the April 5, 2011 meeting by the Board of the Issuer. 4. That such attachment constitutes a true and correct copy of the entirety of such proceeding as so adopted by said Board. 5. That all members of the Board of the Issuer had due notice of said meetings. 6. That said meetings were open to the general public in accordance with Section 103 of the Public Officers Law, commonly referred to as the "Open Meetings Law". 7. That notice of said meetings was caused to be given PRIOR in the following manner: PUBLICATION Ithaca Journal; Date of Publication: 12/29/09; and Press Release on 3/31/2011 and 4/4/2011 POSTING Town Hall Sign Board: 12/22/09, and 3/31/2011 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Issuer this 7th day of April 2011. Town Clerk (CORPORATE SEAL)